If divorcing spouses are unwilling to cooperate with each other, then the
distribution of marital property can become a contentious issue. As each side tries its best to secure
more assets than the other, a divorce can become an overly drawn-out ordeal
that is lengthy and costly to complete.
If you and your spouse are looking to separate, then here are several tips
that you can follow aimed at simplifying the process of dividing your property.
1. Hire a Mediator
The first step you can take is to hire a mediator to help decide who gets
what. Several states actually have this as a requirement during the divorce
process, though California simply recommends the method. A neutral, third-party
mediator can help divorcing couples come to a mutually acceptable agreement.
Since mediation can settle the majority of disputes much quicker than
the courts can, it is highly advisable that you give mediation a chance
before heading towards civil litigation.
2. Prioritize What You Want
Don’t fight over small things. While some possessions that you and
your spouse own may have sentimental value, it is important that you are
able to let some things go in favor of focusing your interests on more
vital assets such as homes, vehicles, retirement assets and
child custody. Most judges will not be invested in your emotional attachment to certain
objects and will see your belongings as nothing more than property. The
judge’s decision will ultimately be based on the laws of your state,
not personal wishes.
3. Disclose All of Your Assets
Be fair, open and honest with your spouse regarding your assets. Attempting
to conceal assets such as secret savings accounts during a divorce is
not only illegal, but also will likely cause you to lose whatever you
tried to hide. Until the moment you and your spouse are legally divorced,
you owe a fiduciary duty to each other to act in an honest and forthright
manner throughout the legal process of
divorce. If caught, the presiding judge over your case will have more reason to
side with your spouse and you may be required to pay their legal fees
as punishment.
4. Property Settlements Are Usually Final, So Hire an Attorney for Help
Unlike custody and support orders, property settlements usually cannot
be modified. While it is a good idea to compromise, don't go too far
by giving away all your assets just to get the divorce over with. Make
sure you are receiving your fair share before you sign the papers.
If you are in need of a divorce, our Fresno divorce lawyers from Arnold
Law Group, APC can offer you outstanding legal representation and help
guide you through the complex legal process. We have helped thousands
of clients over the past 30 years and we’re eager to provide compassionate
legal counsel for you during your difficult time.
To speak with a knowledgeable attorney about your divorce, call (559) 990-1263 today!