Asset Division in a California Divorce

Without question, the emotional turmoil one experiences during a divorce proceeding can be devastating. However, there are important legal and economic issues to be determined as you move forward with your life. A family lawyer Long Beach CA can help you navigate through these difficult times.

Fair and Reasonable Property Settlement Agreement

It is in both parties best interest to do all that is possible to come to an agreement. This can be accomplished perhaps with mediation and the input of their Long Beach divorce lawyers. If the agreement is reasonable, the court will almost always approve, but if the parties cannot agree, the court will determine the property division.

Factors the Court will Consider

Initially, California is a community property state and there is a legal presumption that all property acquired by either party during marriage is community property. This presumption may, however, be overcome or rebutted by other evidence.

The court has great latitude in making its decision and may consider all relevant factors. Issues to consider include:

• California is a no-fault divorce state, meaning that marital misconduct is not an issue in property settlement
• The court may consider the issue of misappropriation of marital funds by one of the parties in making its property division plan
• The law requires an even distribution but does not require an “in-kind” division; thus, the parties may receive different assets of equal values

Contact a Divorce Attorney Long Beach CA for Legal Advice.
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Riley Khorram has helped families through difficult times related to divorce cases, custody and adoption. If you’re going through a divorce, contact Long Beach child custody attorney Riley Khorram for help.