Navigating any divorce can be challenging, but when contention and heightened emotions are involved, it can be overwhelming. These situations we categorize as high-conflict divorces. At The Law Office of David A. Martin & Associates, we understand the complexities and strain of these cases. In this blog, we’ll discuss what you can expect and how to mentally prepare for some common issues associated with high-conflict divorces.
Financial Disputes in a Community Property State
California's designation as a community property state plays a significant role in financial disputes. This means any assets and debts acquired during the marriage are generally considered shared marital property. As such, they are usually divided evenly between spouses upon divorce.
In high-conflict cases, disagreements often arise regarding how assets are:
- Identified
- Characterized
- Valued
The Dangers of Hidden Assets in a Divorce
In high-conflict cases, it's not uncommon for spouses to attempt to conceal or undervalue assets. This is often done in an attempt to keep key assets from being divided during a divorce or from one spouse getting access to a financial asset that the other spouse thinks should belong solely to them.
Two common concerns regarding finances in a high-conflict divorce are:
- Hidden or undisclosed assets
- Misappropriation of marital funds
These situations can result in prolonged legal disputes and even punitive action taken by the court against the offending party. It's essential to work with a knowledgeable attorney who understands how these situations develop and has the resources to guide you should it happen during your divorce.
Navigating Child Custody Battles
California courts tend to lean towards 50/50 or otherwise joint custody arrangements, aiming to support the involvement of both parents in the child's life. But when the parties cannot communicate effectively, the court’s task to conclude what's in the child's best interests becomes arduous.
During a high-conflict divorce, allegations of unfit parenting or attempts to discredit the other partner’s character could emerge. It’s crucial to stay focused on the children's needs and pursue a resolution supporting their emotional and physical well-being.
Spousal Support Concerns
Spousal support is not a given in California divorces. Courts approach spousal support with the underlying aim of helping a less monied spouse become self-supporting. For short marriages, typically less than ten years, support may be granted for half the marriage’s duration. With the dissolution of longer marriages, you are more likely to see long-term spousal support awards lasting for years or even permanently.
In high-conflict divorces, spousal support can become another battleground. Such cases require an attorney who can advocate on your behalf, whether for receiving an equitable amount of support or contesting unreasonable demands.
The Role of an Attorney
When facing a high-conflict divorce, seeking counsel from an experienced divorce lawyer familiar with California laws and the Sacramento courts is a good first move. These contentious cases can be grueling, frequently taking over a year to resolve. Having professional legal support can make a world of difference.
A seasoned attorney can help you:
- Assess your rights to marital property
- Work towards resolving custody agreements
- Argue more effectively for or against spousal support
- Handle the rigorous demands of courtroom litigation, if necessary
Whether your divorce is fraught with financial disputes, bitter custody battles, or both, remember that you don't have to face it alone. At The Law Office of David A. Martin & Associates, we are dedicated to guiding clients through their most challenging times with seriousness and compassion. Contact us online to schedule a consultation.
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