Many times husbands will use economic pressure to make a wife give up her rights to
certain marital assets.
The only way adultery might have much of impact on how assets are distributed would be if one person used
certain marital assets to support the extra-marital relationship.
Not exact matches
The agreement can specify the
marital or separate character of
certain property, clarify each person's contributions toward
assets like a house acquired during a period of cohabitation, or document payments by one person toward that person's indebtedness.
Once the case is filed, there can be
certain hearings early on in the case relating to temporary issues of support, custody, preserving
marital assets and other such things.
Additionally, both parties may protect their interest in
certain marital and hybrid
assets by keeping good documentation of the funds used to acquire those
assets.
And, non-lawyers (even sophisticated, affluent business people) routinely fail to grasp that a Will only governs
assets which don't have beneficiary designations and is subject to forced
marital share and minimum family inheritance laws that act by operation of law as well as other «gap filling» presumptions that modify the literal meaning of
certain kinds of language in a Will.
Although California is a community property state — meaning that
marital assets acquired during the marriage are split evenly between spouses — there are nuances to the general law that can affect whether a court will divide
certain property or allow one party to retain sole possession.
The popularity of collaborative divorce has seen a dramatic rise in the last few years for several reasons: its goal is to take less time than traditional litigation, it allows for
certain levels of creativity when addressing sensitive issues such as alimony and splitting of
marital assets, it provides confidentiality to the divorcing couple, and perhaps most important, it can be less expensive than other methods of divorce.
If you live in a community property state — Arizona, California, Louisiana, New Mexico, Nevada, Idaho, Texas, Washington or Wisconsin —
assets and debts you acquire during your marriage belong equally to both spouses, except in
certain narrow circumstances, such as
assets acquired by inheritance or gift that you kept separate from your
marital assets.
Both spouses can specifically exclude
certain assets or property from being considered
marital property with a valid prenuptial or postnuptial agreement.
As a result, there are a number of issues that can affect the division of
marital property and whether or not
certain assets are exempt from consideration for division.
On the other hand, you have a right to a
certain portion of the
marital assets and property, so you shouldn't make quick decisions.