Along with child custody disputes, dividing assets after separation is generally the biggest source of contention in California courts during a divorce settlement. What could be a peaceful and amicable process often turns into a contentious battle over assets. The matter is also complicated when you consider that assets include property, 401ks, and pensions.
If you’re going through a divorce, you need the assistance of a property division and divorce settlement attorney to help you retain your fair share of marital assets after the separation. Property and divorce settlement attorney Alan Mikshansky prioritizes negotiation and mediation to arrive at a voluntary settlement because they are effective at resolving property law disputes. However, Alan Mikshansky will not hesitate to go to court when necessary if that will provide you with a better outcome.
Community Property in California
When it comes to dividing property between divorcing spouses, California operates under community property laws. Unlike “equitable distribution” laws in effect in other states, community property laws divide marital property equally between the parties. Thus, unless there’s a valid pre- or post-nuptial agreement, the courts divide marital assets and debts according to California community-property laws,
The divorce settlement process involves determining what is the separate property of each spouse and what is community property, and then assigning a value to it. The property acquired and income earned during the marriage will need to be inventoried and characterized. The property and income may or may not be community property.
Separation and Valuation Date Disputes
Given that everything acquired during the marriage (with few exceptions) is considered community property in California, the specific date of separation can be contentious and determining factor in dividing assets fairly during a divorce settlement. The date of separation can determine if assets are separate or community and can impact the duration of spousal support.
The actual day the marriage ended can be subjective and often a point of contention between divorcing couples. To be considered separated, you do not need a “legal separation” order. It is enough for one party to decide that the marriage is over and act accordingly.
Similarly, the date an asset is valued such as a home valued on the date of trial or another date can have a material effect on your financial recovery from the dissolution process. Despite the complicated nature of property division disputes, a competent and experienced property division and divorce settlement attorney can help you ensure that you receive your retain your fair share and ensure the proper valuation of real property, businesses, pensions, and investment income.
Take Control Through a Voluntary Settlement
Asset division attorney Alan Mikshansky recognizes that arguments can arise over who owns what. He is a strong believer in the negotiation and mediation process first. The division of community property is an important part of a divorce. The lifetime significance of a property settlement should make one think twice before relinquishing the decision-making process to a caring but overly burdened court system, that will be very expensive and may require many experts to be employed for testimony.
If possible, the division of your possessions should be determined between you and the other party. Mediation within a skillfully managed voluntary settlement process allows for innovative and creative solutions in dividing property to take into account your particular facts and your particular needs. To protect your property settlement assets and debts, Alan Mikshansky’s approach is to seek a resolution through negotiation and mediation first because it offers significant advantages over litigation:
- Mediation allows meeting the needs of both parties.
- Settlement is a less costly and time-consuming process than a trial.
- Negotiation is to preserve an amicable relationship with the other party after the divorce, which is important with issues such as child custody and visitation.
As an experienced Sacramento divorce attorney, Alan Mikshansky is the best choice for getting the divorce settlement you deserve in a property division dispute. He understands the meaningful “between-the-lines” details of personal and business income tax returns.
In addition to Alan Mikshansky’s experience as a community property settlement attorney and his certification as a specialist in family law, his knowledge of finance and accounting gives clients a true understanding of the value of community property and the rights that they have to these assets.
While voluntary settlement offers these advantages, asset division Attorney Alan Mikshansky can represent your community property case effectively in the courtroom should the other party be unwilling to compromise reasonably.
California Asset Division Attorney
As a community property attorney, Alan Mikshansky has dedicated his career to representing clients in San Francisco and Sacramento family law cases including divorce, child custody as well as property and debt division issues of all financial amounts. By scheduling an asset division consultation with Alan Mikshansky, you will get the guidance you need for your particular case, ensure that your separate property is protected and that you receive your fair share of the marital assets.
The Law Office of Alan Mikshansky is certified in Family Law by the State Bar of California’s Board of Legal Specialization.