The Law Offices Of Joseph Torri
A California Family Law Firm
Call for Affordable Legal Services
One of the biggest issues in a divorce is the division of marital property. When a person does not seek proper counsel in this situation and they rely on the courts to award an “equitable distribution”, they are typically left with a great deal of frustrations. In the eyes of the court, equitable is not always equal. The Law Offices of Joseph Torri have advocated for countless individuals in these types of situations and have helped them receive the fair marital property division they deserve.
The Law Offices of Joseph Torri have provided Whittier clients with important legal services for several years. Our legal team can assist you with all aspects of your divorce case, including child custody matters, visitation, child support, spousal support and marital property division.
California is a community property state – meaning that any income, assets and debts are assumed to belong to both parties in the marriage. There are exceptions to this rule, including the following:
However, once funds are commingled or if there is not a direct link between the funds that were used for a piece of separate property, these assets can also become community property. Community property applies to both personal property and real property. An experienced attorney can assist you in identifying assets and debts that are community property and separate property. Contact the Law Offices of Joseph Torri to retain the services of an experienced marital property division attorney.
The first step in dividing marital property is to prepare a complete and detailed list of all separate and community assets and debts. The fair market value of these items should also be determined when applicable. This information will be included on the Schedule of Assets and Debts form that is mandated by the courts during a divorce.
If possible, the spouses can try to decide on a fair division of assets and debts so that each party receives an equal net share of the items. The parties must consider many factors when negotiating a fair settlement, such as who should receive items of great value, the impact of dividing debt when creditors are not required to honor a divorce agreement and the likelihood for an item to increase or decrease in value.
Pension plans represent their own distinct and complicated set of issues. Many times, a pension plan must be joined as a party in the case. If the couple is unable to compose an equitable distribution of marital property on their own or during negotiations, the couple can request a trial. At the trial, the judge will hear testimony from the spouses and will make a final ruling on the distribution of the marital property.
Several problems can arise when spouses are attempting to divide their marital property on their own. Some of the most common issues include the following:
After a divorce is finalized, one party may not comply with the terms of the divorce agreement, may refuse to turn over certain pieces of property or new assets or debts may be discovered. An experienced marital property division lawyer is aware of the various issues that arise during this important process of a divorce and knows how to deal with them.
The Law Offices of Joseph Torri understand the difficulty divorce cases bring about. In many cases, this is one of the most unpleasant things a person has to deal with and it is extremely important that it is done correctly the first time. With the proper representation from the Joe Torri law firm, we will ensure that your rights are protected and you receive a fair settlement.