Dividing Property in a High-Conflict Divorce
Going through a divorce can be a stressful and emotional experience. One of the most contentious issues can be the division of property. Having a divorce lawyer in your corner throughout the process is key, especially in high-conflict situations.
California’s 50/50 Law
California follows the 50/50 law, otherwise known as “community property.” This means that all assets and debts acquired during the marriage are considered joint property and are typically divided equally between the spouses upon divorce. This law applies to all types of property including real estate, bank accounts, vehicles, furniture, luxury items, and more. In many cases, one or both spouses may feel this distribution is not equitable, leading to more conflict.
Exceptions to the 50/50 Law
While nearly all property will be subject to the 50/50 law, there are a few exceptions:
- Property or debt acquired before you married or after you separated
- Property purchased with separate property or earnings from separate property
- Gifts made directly to one spouse
- Inheritance
To take advantage of any of these exceptions, you will need adequate documents proving ownership, time of acquisition, and other details. A divorce lawyer can help ensure you collect all the appropriate documents.
Out-of-Court Settlement
While it can be difficult to manage in high-conflict situations, spouses still have the option to reach an out-of-court settlement where they decide how to divide property without the involvement of a court. Once an agreement is reached, it will be signed off by a judge. This method allows flexibility for the couple to divide assets in a way that meets the needs of each party, even if it is not ultimately a 50/50 division.
Utilizing mediation can be an effective approach to facilitate conversations and reach an agreement. If you do consider mediation, seeking assistance from a pre-mediation coach can ensure you understand the mechanics of mediation, have realistic expectations, and learn effective negotiation strategies. Even though the courts may not be involved, it is still critical to have support from a pre-mediation coach and/or a divorce lawyer to ensure the settlement reached meets your needs.
Strategies for Managing High-Conflict Situations
Divorce is difficult to navigate in any situation, and it can be especially challenging in high-conflict situations. Approaching the process with a strategy can help ensure you stay on track and ultimately reach an agreement that works for you and your family.
Prioritize Assets
Take some time to consider which assets are most important to you. Concentrating on a small number rather than disputing each piece of property can help reduce conflict and streamline the process.
Maintain a Long-Term Perspective
In the midst of a high-conflict divorce, it can be easy to get caught up in the emotions of the moment. Try to maintain a long-term perspective that considers your financial future and emotional implications of your decisions.
Maintain Open but Focused Communication
Communication is key in resolving any type of dispute. Both sides should commit to open lines of communication throughout the process. However, in high-conflict situations it is oftentimes necessary to focus communication on the specific task at hand. When emotions are running high, conversations can easily side track into unproductive communication. Support from a divorce lawyer can help you stay on track.
Seek Support from a Divorce Lawyer
Having an experienced divorce lawyer by your side when dividing property in a high-conflict situations can make all the difference. At the Law Office of Darshann M. Wienick, our experienced team understands the complexities of these cases and works diligently to ensure your rights are protected.
If you find yourself navigating a high-conflict divorce and searching for “divorce lawyers near me,” consider partnering with the Law Office of Darshann M. Wienick. Reach out to schedule a consultation.
