How Divorce Law Services Support Fair Settlements

Going through divorce is likely one of the toughest transitions you will ever have to deal with. On top of contending with emotional upheaval, you must also pay attention to the myriad financial realities that now need to be untangled.  Ultimately, you want assurance that you will be treated fairly.  Fortunately, California family law is based on principles of fairness and equality, with various safeguards in place to help secure balanced outcomes.

Property Division

Within 60 days of initiating a divorce, parties are required to exchange Preliminary Declarations of Disclosure (PDOD’s) detailing all assets, liabilities, income and expenses.  These PDOD’s must include supporting documentation such as financial statements, paystubs, and tax returns.  

This mandatory exchange of financial information is an important protocol for guaranteeing fair settlements. Not only does it ensure that both parties are in possession of all material facts and information regarding their community estate, but it also provides a basis for enforcement in the event it is later discovered that there were undisclosed assets.  A hidden asset can be awarded 100% to the innocent spouse and the court can also charge sanctions against the non-disclosing party.

Despite this backstop of protection, your best guarantee of fairness is to be fully informed of your estate. The more you know about your family’s finances, the less you must rely on your attorney and forensic experts to dig for hidden assets once a divorce has been initiated.  If you suspect your spouse is guilty of financial infidelity, i.e. hiding assets, moving money, or transferring property to a third party, start digging while you are still married and have access to accounts and passwords.  Stay alert to any suspicious activity and keep a dated journal of behavior that might indicate improper dealings.  If your spouse has historically overseen the finances, it’s never too late to start paying attention. If you fear your spouse will escalate possible financial infidelity if you start asking questions, get documents directly from financial institutions such as tax returns from the IRS website, bank account statements, online deed searches, etc.

Spousal Support

California’s public policy aims to help both parties maintain the marital standard of living enjoyed during the marriage.  On a practical level, this can be difficult to achieve since the parties must now sustain two separate households with the same amount of combined income.

In addition to this practical hurdle of redistributing the marital income, an award of spousal support must take into consideration the variety of factors listed in Family Code §4320.Contrasted with child support, which is structured from mandatory guideline calculations, spousal support must consider your marital standard of living, the length of your marriage, the age and health of both of you, tax consequences, assets and obligations awarded in the property division, education and training of both of you, etc.  Given these thirteen factors, calculating the appropriate amount of spousal support can be a tricky path to traverse.  Whether you are the payor or the payee, this is one area where it is exceedingly helpful to have an attorney to decipher the law and analyze the best options for your specific situation.

Divorce Mediation

Mediation can be an effective, lower cost alternative to resolving your divorce issues fairly.  While it is customary for couples to mediate without attorneys present, it is advisable to have an attorney to consult with throughout the process.

Indeed, it is imperative to consult with your attorney to review proposed terms before signing your Marital Settlement Agreement.  An attorney will be able to identify unforeseen consequences that you may not be aware of and double-check for missing provisions, disclaimers and waivers that a layperson would not know to look for.

Courtroom Advocacy

If you fear that you will not be able to achieve a fair settlement in mediation, you have the option of requesting a hearing in the courtroom. That said, it is always recommended that you first attempt to settle out of the courtroom and only resort to litigation when it becomes clear that you won’t be able to reach a settlement.

If you realize that you are not going to be able to resolve your issues, there are several courtroom options to request the Judge to rule in your case. For instance, you can file a Request for Orders to seek temporary orders while you continue to hash out your long-term issues. If it becomes clear that you will need the Judge to make final orders to resolve your case, you will need to request atrial date.  Once a trial date has been set, the court will also schedule a Mandatory Settlement Conference requiring the parties to meet with an experienced settlement judge to define the issues and explore settlement one last time before going to trial.

Judges are used to having parties argue their case without attorney representation, and the judicial websites publish self-help guides to assist those parties. However, courtroom advocacy requires a skill set that is honed by attorneys who understand court procedures and the rules of evidence.  The reality is that you are much more likely to attain fairness in your case when you have an experienced attorney representing you in court.

Divorce Legal Advice

Whether you choose mediation or litigation, it is essential to obtain reliable legal advice. Navigating divorce without guidance can expose you to risks and consequences you may not anticipate. Because you may not know what information, strategy, or legal protections your circumstances require, you are likely to make choices that are less than ideal. An experienced attorney can provide practical guidance, negotiation strategies, relevant case law, and insight into the family code and courtroom-specific rules.

There are a variety of options available when choosing an attorney to guide you, since not all divorces have the same issues. Custody and child support, property division, retirement accounts, spousal support, business interests or post-judgment modifications all require different approaches. Once you pinpoint the areas that you are dealing with, it is easier to narrow your search down to an attorney who is best suited to your case.  

Next it is important to identify whether you will be embroiled in a high-conflict battle, or whether you will be able to work with your spouse to achieve a fair settlement. You need a different level of legal expertise to manage high conflict than you need for an uncontested divorce.

It is also possible that you can manage your proceedings with the consulting services of an attorney. If you are fully knowledgeable of your finances and your spouse is amicably working with you, it is feasible to consider retaining a lawyer who stays in the background to advise you as your case progresses. This gives the added benefit of having an advocate who is fully versed in your case and can step in on a moment’s notice should your case take a turn for the worst.

Strategically managing your divorce takes patience at a chapter in your life that will test your resilience. To ensure you receive a fair settlement, choose an advocate who will be at your side to guide you through the process.  We have a wealth of experience in all divorce matters. Contact Cage & Miles today to schedule a consultation and our knowledgeable attorneys will advise you on your next best steps. With offices in San Diego, Riverside and Los Angeles, we are ready to represent you anywhere in Southern California.