MICHELLE PAUL - DIVORCE ATTORNEY
There is no shame in needing a divorce, and one must not be fearful of the process. Often there are kids involved or other important items you would like protected. As you proceed through the process, it is common to experience stress and anxiety. As an experienced divorce attorney, Michelle Paul will help relieve some of the stress and be at your side each step of the way. You will gain the peace of mind that you are in good hands as you work towards the best possible outcome.
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PROPERTY DIVISION ATTORNEY
Characterizing the status of property interests as “community” (and “quasi-community” or “quasi-marital”) or “separate” property division is the key starting point for the resolution of marital property rights and obligations. “Characterization must take place to determine the rights and liabilities of the parties on a particular asset or obligation and is an integral part of the division of property on marital dissolution.” [Marriage of Rossin (2009) 172 CA4th 725, 732, 91 CR3d 427, 431 (internal quotes omitted); Marriage of Haines (1995) 33 CA4th 277, 291, 39 CR2d 673, 682; see also Kircher v. Kircher (2010) 189 CA4th 1105, 1113, 117 CR3d 254, 260]
The parties may, of course, agree to the status of all or any part of their property division interests. But absent such agreement, characterization disputes are decided by a vast body of statutory and case law. Factors determinative of separate vs. community property characterization are the time of the property’s acquisition, the operation of various presumptions, and whether there has been an effective transmutation from separate to community or vice versa. [Marriage of Rossin, supra, 172 CA4th at 732, 91 CR3d at 431; Marriage of Haines, supra, 33 CA4th at 291, 39 CR2d at 682]
In general, property acquired during the marriage is community property. Assets acquired before or after marriage is separate property. In general, the parties are each awarded their sole and separate property, and the community property division happens as fairly as possible, at times with some form of equalization payment, by the Court if the parties cannot reach their agreement as to the division of the community property.
MULTI-STATE PROPERTY DIVORCE ATTORNEY
You might be getting divorced in California, but hold property outside the state. If you have property outside California, you need a multi-state property divorce attorney. The property in question creates a jurisdictional dispute, so it is important to retain a divorce attorney who will be able to help you get through this hurdle.
If you own anything outside of California, your best option is to move it to California. However, it is impossible to move some properties. In these cases, you will need a multi-state property divorce attorney.
JURISDICTION
The state where your property is located has default jurisdiction over said property. However, there are cases where that state only has jurisdiction over the property itself. If California has jurisdiction over both people, they can dictate a property agreement between them.
Conversely, there are many cases where California won’t have jurisdiction over both people. For example, if you moved to California from another state and your spouse never lived here, California does not have jurisdiction over him. Changing the jurisdiction may be possible. Multi-state property divorce attorney Michelle Paul can evaluate your case during a free consultation.
DIVERSION DIVORCE
In some cases, the other state will maintain full property jurisdiction. This situation is called a division divorce. In this type of divorce, parts of the case such as asset division and alimony will be handled out of state. This sort of multi-state property divorce can be long and complicated.
You will need a powerful negotiator like Michelle. She has a lot of collaborative divorce experience. If you reach an agreement outside of court, you both will save a lot of stress and legal fees. Neither one of you probably wants to hire a second attorney. You will need a separate attorney for each state participating in the divorce.
If you are in need of a multi-state property divorce attorney, The Law Office of Michelle Paul can help. She has helped many California couples reach fair agreements. She also has the drive and skill to win litigation cases. Michelle will always do what it takes to help you and your family.
