Do you need to find a high asset divorce attorney in Orange County, CA?
Finding a High Asset Divorce Lawyer in Orange County: When you’re looking for a high asset divorce attorney in California, you need an attorney with knowledge and experience specific to your situation. When compared to the average divorce, you have more at risk and a more complex divorce on your hands. So when compared to the average divorce attorney, you need a more knowledgeable attorney.
Choose an Attorney with Knowledge and Experience Specific to Your Divorce
When you are facing criminal charges for drug possession, you look for a criminal defense attorney who has knowledge about drug possession charges. Similarly, when you have a high asset divorce because you own a successful business, you need a high asset divorce lawyer who has experience with business ownership.
The same applies if you have assets related to real estate, intellectual property, stock options, or other complex financial assets. If your attorney does not have knowledge or first hand experience with business and finances, experts will probably need to be called in to assist with your divorce, and the cost for those experts will fall on you.
Because attorneys have to know so much about the law already, it may be difficult to find one who has the exact experience you need. Look for one who has experience working on divorces similar to yours, or one who has a working relationship with experts in the areas you will need. With the right relationships and experience, a good divorce lawyer will be able to quickly and efficiently help you obtain the information and knowledge that you need at a reasonable cost.
Community Property and Separate Property in a California Divorce
An industry expert or an attorney who has knowledge in a specific area can be so helpful in a high asset divorce in California during division of property. California is a community property state, which means that community property is divided equitably between the parties. Before the property can be divided in a California divorce, it needs to be determined which property is community property and which property is separate property.
Premarital and Postnuptial Agreements in California
If there is a prenuptial agreement, it may help with division of property, or separation of community property from separate property. Usually, if you are entering into a marriage with high assets, it is advised that you create and sign a premarital agreement that goes into effect upon the date of marriage. You may also create a postnuptial agreement, which is similar to a premarital agreement except that it is created and signed after the date of marriage. If you are interested in creating either a prenuptial agreement or a postnuptial agreement in California, contact a family law attorney to assist you.
However, if there is no existing premarital agreement or postnuptial agreement, California law will determine separate property from community property, as well as the division of community property.
Usually, community property encompasses all property that the couple has acquired since the date of marriage, up until the date of separation. Separate property includes property that was acquired prior to the date of marriage, or property that has been acquired since the date of separation.
There are exceptions to this rule; separate property can become community property and vice versa; the date of separation can be difficult to determine, etc. Refinancing that took place during the marriage, joint use or payment of property, or the sale of property and the use of those funds for community property can all change how property is characterized as separate or community in California.
Questions may arise regarding specific assets, how to value them, how they should be divided, whether a spouse of a business owner should be allowed to run half of a business, etc. A skilled, high asset divorce attorney will be able to help protect your assets and your business throughout your divorce in ways that an attorney who only has experience working with an average divorce will not.
Spousal Support in a High Asset California Divorce
When a couple divorces, both spouses are expected to have a reasonable standard of living, comparable to what they would have had if they had not divorced. Usually, in a high asset divorce, the couple will have property, a business, or investments that generate income. In some cases, these sources of income may cover the spousal support costs.
Usually, while the terms of the divorce are being determined, and prior to the finalization of the divorce, there will be a temporary spousal support order in place. If the court finds it necessary to extend this order, it may become a permanent spousal support order following the end of the divorce.
A high asset divorce lawyer should have relationships with financial experts with whom you can consult during your divorce. These experts can help you determine what you and your spouse are likely to be able to earn and how to move beyond spousal support payments as soon as possible.
Children in a High Asset Divorce: Child Custody and Spousal Support
Child support and child custody are both intended to be determined in the best interest of the children. While children do need financial support, they also require emotional support and guidance, as well as protection as they grow up. Usually, it is better to determine child custody outside of the courtroom, because litigation can be especially stressful for children who are involved.
Like with other financial matters, determining child support will require the assistance of a financial expert, but in addition you may also need a child psychologist or a child custody expert. Child support and child custody orders must both be followed, regardless of what the other parent may choose to do, but creating a child support order depends somewhat on the terms of the child custody order. Due to the high assets in your divorce, it may be best to keep child custody and child support separate from the rest of your divorce.
High Asset Divorce Attorney in Orange County, California
Table of Contents
- 1 Do you need to find a high asset divorce attorney in Orange County, CA?
- 2 Choose an Attorney with Knowledge and Experience Specific to Your Divorce
- 3 Community Property and Separate Property in a California Divorce
- 4 Spousal Support in a High Asset California Divorce
- 5 Children in a High Asset Divorce: Child Custody and Spousal Support
- 6 High Asset Divorce Attorney in Orange County, California