Complex Divorce Lawyers in San Diego
Providing Knowledgeable Representation for Clients Navigating a Difficult Divorce
San Diego is home to a myriad of prominent professionals, such as athletes, CEOs, entertainers, and famous personalities from the movie and television industries, making complex, high-net divorce cases quite common here and across the state of California. But how are complex divorce cases handled, and what do you need to do to protect your interests if you find yourself in this situation? The attorneys at Khosroabadi & Hill go over what you need to know about complex divorces in California and explain why working with an attorney may be the best choice for your case.
What Is Considered a Complex Divorce in California?
In general, a complex divorce is one in which one or both parties have substantial assets and a high net worth. Even if the parties in a complex divorce are willing to cooperate, their financial situation often makes this type of divorce more complicated than a regular divorce in which the parties have moderate assets.
For example, a divorce can get more complex when the divorcing spouses own a family business, run any type of professional partnership, or have out-of-state or offshore assets and investments. Certain cases may involve intangible property and types of financial assets that require further investigation to determine ownership. Things can become even more complex if both sides are not in agreement and thus act in combative ways or make unreasonable demands concerning spousal support and other issues.
How Is Property Divided in a High Net-Worth Divorce?
Property in a high net-worth divorce is divided the same way it would be in any other type of divorce in the state. California is a community property state, meaning each party in a divorce is entitled to an equal share of everything that is considered marital (or community) property. While at first, it may seem like a 50/50 split of marital property may be a fair arrangement, it can create a lot of challenges for the parties in a complex divorce.
If a couple has a lot of assets, they will first need to determine which assets count as community property and which assets are separate property, as only those assets considered community property may be divided. That applies to debts and any other liabilities accrued during the marriage. In a high net-worth divorce, the parties may need to rely on the help of a variety of experts to help identify and provide proper valuation to community property assets and bring clarity to complex financial situations in order to ensure a fair division of assets.
What Should I Do if I Believe My Spouse Is Hiding Assets?
If you believe your spouse is hiding assets during a divorce, it is important to take steps to prove it, as hiding assets can be considered contempt of court and thus may weigh negatively against your spouse during the divorce process. In fact, if the court finds that one of the spouses engaged in willful nondisclosure (the act of failing to disclose a financial asset on purpose), the court has the ability to order that individual to lose some or all of the assets they were trying to hide.
There are a few different ways to show that your spouse may be willfully hiding assets. First, you may want to try to document any suspicious activities, such as large withdrawals from bank accounts, transfers of assets to friends or family, or sudden changes in spending habits. If possible, obtain copies of financial documents such as tax returns, bank statements, and investment statements. You may also want to consider hiring a forensic accountant to help you identify any hidden assets or money by conducting a thorough investigation.
What Happens if the Divorcing Couple Cannot Reach a Mutual Agreement?
Besides financial issues, another aspect that makes a divorce more challenging is when either side cannot agree with some or all aspects of the divorce and refuses to cooperate with any part of the process. When that happens, the divorce becomes contested and may end up evolving into a long courtroom battle. While California courts tend to give preference to allowing couples to work out their own agreements concerning issues such as child custody and support or property division, the judge may have to step in and make these decisions on behalf of the couple when no mutual agreement is possible.
This is when having the help of a skilled legal professional can truly make a difference in your case. Your attorney can assist you right from the start by recruiting the necessary experts to identify and valuate your marital assets, uncover any assets your spouse may be trying to conceal, and help you build a strong argument in your favor. If you and your spouse have children together, your attorney can assist you in the process of making the right decisions with a clear mind. This is crucial as issues involving children in a divorce can often become very emotional for the parties involved, making it hard to act rationally without allowing your emotions to lead you into making a costly mistake.
No matter how straightforward or complex your divorce case may be, the attorneys at Khosroabadi & Hill have the skills and knowledge to assist you every step of the way – from the initial consultation to the post-decree proceedings. You can count on our team of seasoned legal experts for the compassionate service you need and the strong legal representation you deserve. If you are facing a complex divorce, have questions, or are not sure where to begin, we are here to help. Call the Khosroabadi & Hill office in San Diego at (858) 240-2093 to learn more.