When you have filed for divorce
in California, a significant concern will be how your marital estate is distributed under
California's community property laws. You can choose the traditional, costly and divisive
route by taking your dispute to court, where decisions will be made by a judge based
solely on the law, or you can make educated and informed decisions yourself, taking the
decision-making process in your own hands by participating in Mediation
or the Collaborative Law process.
Because California is a community property state, the
husband and wife each have a one-half interest in assets acquired during the marriage
except for inheritances and gifts received by one party during the marriage.
You are not, however, required to structure your property
division under the letter of the law. With the help of your Mediator and/or Collaborative
attorneys, you and your spouse or ex-spouse may find creative solutions which will better
meet your needs in the short run and the long term. There may be certain complex property
issues such as your respective interests in property which one of you brought into the
marriage but has appreciated through either of your efforts during your marriage. If you
attempt to resolve these issues through the traditional adversarial process, with each of
you hiring separate accountants or other experts, you may incur significant expenses and
costly delays trying to calculate the value of the marital estate.
In Judiths experience, the most successful property
distributions are reached when the parties make the decisions themselves, rather than
deferring to the court. As your Mediator or Collaborative lawyer, Judith Nesburn will help
you learn about your rights and explore your priorities and resources so that you can
reach the most effective agreements in dividing your property.
|At the Law and Mediation Offices of Judith C. Nesburn,
located in Los Angeles, the focus is on alternative means of dispute resolution in all
divorce and family law matters, including issues involving the distribution of marital
assets and debts. Please contact Judith to schedule
a confidential meeting to learn how you can resolve your property division matters with
sensitivity, dignity and mutual respect.