family law attorneys and complex divorce

Divorce is a Complex Area of Law Practice

There is nothing simple about divorce when there are children and/or assets involved. Because marriage requires no education, no lawyers and no experience, it seems so easy to do.  You just get a license and plan the event, like other parties you might host, but a little more formal.  So you might wonder, why is divorce so complex?  Some of the reasons divorce is complicated are self-imposed. Still others originated as protections for the parties involved.

family law attorneys and complex divorce
family law attorneys and complex divorce

State Process Designed to Protect

California set up procedures to protect the rights of all parties.  The court is trying to ensure the children and both spouses are protected through careful consideration.  Your judge needs to learn about your marriage and finances to make better decisions about your assets, custody, and support.  There are guidelines concerning all of these, but separating couples often try to negotiate a more favorable outcome for themselves.  Rules on how to split community property and debts, as well as custody determination, keep divorce agreements more equitable.  The process differs slightly by situation, so consult with your attorney for more details.

Agree to Disagree

By the time couples separate and consider divorce, they rarely agree on much.  If you agreed on everything, division of assets, custody, child support and spousal support would be a breeze.  You wouldn’t need to find your spouse’s hidden assets. Negotiations over child custody, expenses and holiday time wouldn’t be drawn out. The amount of child support would be agreed and spousal support would be a quick decision.  Would you even need to separate if that was the case?  All of these decisions beg professional consideration, investigation and negotiation.  So people hire family law attorneys to help them navigate the quagmire of the divorce process.

Lack of Prenuptial Agreement

Remember when we brought up the part about not needing lawyers when getting married.  Couples who sought premarital advice from family law attorneys might have chosen to formalize an agreement.  A prenuptial agreement can ease the division of assets and debt, saving time and tempers while facing divorce.  When the prenuptial agreement are written, the couple is feeling loving and happy.  Tensions run much higher if the couple is facing divorce. The terms already agreed to in the prenuptial agreement can smooth out the separation process.  There is an exception to this.  If the couple comingled assets or debts during the marriage, division is complicated once more.

Comingled Assets or Debts

She brought her inheritance to the marriage, and he brought multiple real estate properties.  At first the assets were separate, but over time, he refinanced the properties and both made payments on them.  She added his name to her inheritance accounts, “in case of emergency”.  When they faced divorce, both spouses were startled to learn that their assets and debt had become joined, or comingled.  Separating their assets and debt will take research, documentation and time.  It happens regularly in marriages, and causes some confusion about how to divide all of it.  Ownership can and will get sorted, but experienced family law attorneys and investigators go a long way toward fair resolutions.

HFLG Family Law Attorneys Resolve Complex Divorce Issues

Family law attorneys, Steven Hittelman, Wayne Jones  and Patricia Cyr, excel in resolution or trial of extraordinary family law matters. The HFLG team uses their experience to turn complex divorce issues into sustainable Solutions.  If you need professional help to deal with family law matters, experience the HFLG difference for yourself.  Contact us or call (949) 210-3260  to learn more about how we can help you navigate the complexities of divorce.

Please note: This article is not intended to be construed as legal advice. It is for informational purposes only, offering insights and awareness into the complex nature of divorce. Dividing and proving ownership of debts and assets is difficult, as are decisions regarding custody detail. Speaking with an experienced attorney is an advisable way to make sure your rights are safeguarded.