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Why You Need an Attorney

by | Jun 26, 2019 | With Your Family in Mind

 Getting married is easy.  Get a marriage license.  Have a ceremony.  Even a ceremony conducted by an Elvis impersonator at a Las Vegas wedding chapel at two o’clock in the morning will do. You’re married. Just like that.
Getting divorced… not so easy.  What may look like a simple divorce can turn into a nightmare if handled incorrectly.  California family law is designed to protect each spouse’s rights to an equal division of community property, a rebuttable presumption that each parent will have frequent and continuing contact with their minor children, and that each parent will financially support their minor children and when appropriate, financially support each other during and after the divorce.
Even if you are married for only a few years, you may acquire a community property interest in each other’s retirement plans.  Likewise, if you owned your house prior to marriage and never put your spouse on title, but community funds were used to pay down the mortgage, your spouse may have a community property interest in your house.  Perhaps most importantly, during the marriage and during the pendency of the divorce, each spouse continues to have fiduciary duties to the other.  Failure to comply with those duties can lead to the property and/or support provisions of a judgment being set aside and monetary sanctions being levied by the court against the party who breached those fiduciary duties.
Due to the complexities of family law, finding an experienced family law attorney is essential, but don’t assume you cannot afford quality legal representation.  California is a progressive state and allows for representation options such as Limited Scope Representation.  This means an experienced family law attorney is not required to handle every aspect of your divorce but may represent you on limited issues in your divorce such as spousal support, or the value of a community business, or child custody. Working with an experienced family law attorney will provide objective legal advice that can prevent you from suffering emotionally and financially.

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Philip A. Wasserman

Philip A. Wasserman