Laguna Niguel Property Division Lawyer

Laguna Niguel Property Division Attorney

Getting a divorce is a complicated process and can often be emotionally exhausting. When you add having to navigate the legal complexities of property division on top of all of your other stressors, it may feel impossible. You may benefit from the compassionate and skillful assistance of a Laguna Niguel property division lawyer.

Divorce is a common experience. According to the CDC, roughly 673,989 marriages ended in divorce during the year 2022 in the United States. There are unique circumstances that can impact both property division and the divorce itself. An experienced property division lawyer from Cianci Law, PC, can help you better understand the implications of both.

How Does California Approach Dividing Up Property After a Divorce?

Property division can have a monumental impact on an individual’s living situation and is, therefore, a very important part of the overall divorce process. Your lawyer will be able to answer all of your questions and assist you in the pursuit of certain outcomes. Before you establish those goals, however, it is wise to learn more about how California approaches property division after you get a divorce.

Property, simply put, is a broad term to describe everything you and your spouse are in possession of at the time of your divorce. This can be obvious things, such as a car, house, or jewelry, but it also refers to less-obvious things, such as bank accounts and debts. When you get divorced, all of these things must be accounted for in order to properly carry out the next steps.

California Code, Family Code – FAM § 2550, also known as the “50/50 law,” states that all community property will be divided evenly between both spouses in the event of a divorce. The label “community property,” however, does not refer to everything you own. In California, there are two classifications of property: community and separate.

Community Property: The term “community property” covers all of the property, debts, and assets that you and your spouse acquired during the duration of your marriage. Simply put, everything that a couple owns or owes unless specifically set apart by legally binding documents, will be divided equally in the event of a divorce.

Separate Property: On the other hand, separate property covers everything that belonged to you prior to your marriage, after the date of separation, and/or received by gift, will, or devise. This can include the same kinds of property that common property does, such as debts, property, inheritance, businesses, and more. You can potentially avoid having to divide certain property if you have a prenuptial or post-nuptial agreement documented and finalized prior to your divorce.

Why Do I Need the Help of a Property Division Lawyer in California?

Property division lawyers can be exceptionally helpful not only at gathering and assessing various property values and legal documents but also by serving as a third-party representative who is working to keep the peace as you work productively toward clarity and mutually beneficial agreements.

If your case does go to court for property division disagreements, you will likely be scheduled at the Lamoreaux Justice Center, located nearby at 341 The City Drive South in Orange, which focuses on both divorce and property division.

FAQs

Q: Is California a 50/50 Divorce State?

A: In California, all property and assets accumulated during the marriage are generally considered community property, which means everything that you own and owe from the time your marriage began will most likely be split equally in the event of a divorce. Things can become more complicated when navigating separate property, but legal documents, such as prenuptials and post-nuptials, can help bring clarity to the situation.

Q: Can I Represent Myself in My Property Division Case in California?

A: While it is legal for a person to represent themself in a property division case in Laguna Niguel, California, most individuals find they benefit greatly from the skillful help of a property division lawyer. If you handle your own case, you will have to deal with complicated paperwork and potentially become involved in emotional disagreements with your spouse. A lawyer can help you pursue your preferred outcomes while cutting back on complications and delays.

Q: What Property Is Exempt From Divorce Property Division in California?

A: There are several ways that property can avoid the 50/50 split rule for property division during a divorce in the state of California. Firstly, if you acquired an item, estate, and/or debt prior to your marriage, it is considered “separate property.” In addition to this, you can protect various assets in advance by drafting and finalizing a prenuptial and/or post-nuptial agreement with your spouse prior to your divorce proceedings.

Q: How Much Does a Property Division Lawyer Cost in California?

A: Due to the unique variables each divorce property division case presents, it is difficult to determine a precise cost for hiring a property division lawyer in the state of California. Still, there are a few consistent elements that can impact your overall cost, including the duration and complexity of your case. At Cianci Law, PC, we make it our focus to help you handle your case, enabling and equipping you to confidently pursue your desired outcomes and future peace of mind.

Get More Information Today from Creative Family Solutions

Getting a divorce can be an incredibly emotional and overwhelming process. Not only are you ending your marriage, but you are also navigating the complex legal world of property division. You may end up feeling isolated and uncertain about how to protect your property.

At Cianci Law, PC, our legal team includes Certified Family Law Specialists who are prepared to take on your case, no matter how complicated it is. We can help you better understand complex jargon and legal documents, gather and distribute your various assets and property, and negotiate with any other parties involved in an effort to come to a mutually beneficial compromise.

Our skilled lawyers will be able to answer your questions and help you as you pursue your desired outcomes. Contact us today to schedule a consultation and learn more about how we can assist you in your unique property division case.

See Related Posts:

• How Are Unique Assets Valued During Property Division?
• What Is Commingling with Property Division in California?
• How Is Quasi-Community Property Handled in Property Division?