Divorce and Property

Orange County Divorce and Property Division Attorney

Newport Beach • Palm Springs • Coachella Valley Toll-free: 877-855-5900

Although California is a "no-fault" divorce state, getting divorced is anything but simple. The complex legal and financial issues should be handled by a qualified, knowledgeable attorney who can put you in the best possible legal position as you begin a new chapter in your life.

Newport Beach family law attorney David L. Wilkirson offers 30 years of experience representing men and women in divorce and all related issues. Our firm serves clients in Orange, Riverside and San Bernardino counties, with a commitment to solving problems instead of creating new ones.

California Dissolution of Marriage
No-fault divorce does not require proof that the other spouse did anything wrong. The petitioning party need only prove "irreconcilable differences" or an "irremedial breakdown" of the marriage, even if the other party does not want a divorce. California law does not require the couple to live apart for a specified period before filing for divorce, nor that they be living apart when the divorce proceeding is filed with the court.

Some couples can qualify for a summary dissolution ("uncontested divorce"). It is only available if the parties have no children together, were married less than three years, waive their rights for financial support, and have limited assets to divide.

Most individuals getting divorced will need strong legal counsel to protect their interests regarding marital property, custody and financial support. In addition to contested divorce, the Law Offices of Wilkirson & Associates can help clients file for a summary divorce, obtain an annulment, or file papers for and gaining a legal separation instead of an outright divorce.

Division of Marital Assets

California divorce law requires an "equitable" distribution of joint property -, generally, but not necessarily a 50-50 split. David Wilkirson thoroughly examines the marital assets to ensure that the property settlement is fair to his client. He is able to provide accurate valuations of all joint assets and suggest property resolution and division with state of the art computer programs designed for such a purpose.

• The house and any other real estate
• Business holdings
• Securities and investments
• Retirement funds

California considers all wealth acquired during the marriage (except assets specifically excluded by law) to be community property. Conflicts often center on increased value of assets that either party brought to the marriage. Wilkirson & Associates protects clients' interests by proving to the court which assets are jointly held and which are considered separate property not subject to division.

Spousal Support (Alimony)
The court has discretion to order one spouse, generally the higher income spouse, to pay financial support to the other. Spousal support can be temporary, ordered for a specific period of years, or granted until the receiving spouse dies or remarries. Many factors are considered, including education and income differential. Financial need is the basic criteria, but this may be construed as the amount of income required to maintain the lifestyle enjoyed during marriage. Our job is to ensure that the other spouse is not shielding assets or exaggerating expenses, and that the court has accurate information upon which to base such an award.

Other Issues in Divorce

• Domestic abuse is sometimes the desire for one party to leave the marriage. In other cases, accusations of domestic violence are made after the couple separates, whether they are married or not. We represent clients (married, single or living together) in seeking restraining orders after an assault or threat of violence. We also defend clients in cases where allegations of domestic assault or child abuse are used to gain the upper hand in divorce or custody proceedings.
• Prenuptial agreements (also called pre-marital agreements) define which assets are to be marital property and separate property before entering marriage. This protects each party in the event of divorce. We commonly draft prenuptial agreements for clients entering a second marriage, to protect the client and to preserve inheritance rights for any children from the first marriage.
• Domestic partnerships - Law Offices of Wilkirson & Associates protects the rights of clients who do not have the automatic legal standing to marry. Same-sex couples cannot legally marry in California, but they may have the same legal issues regarding joint property and child custody. Likewise, we handle property and child visitation issues involving couples who split up after cohabitation or those who have a domestic partnership or relationship.

30 Years of Family Law Experience: 877-855-5900

For aggressive protection of your rights in California dissolution of marriage, contact the Law Offices of Wilkirson & Associates to arrange your free initial consultation (after-hours and weekend appointments available). You will meet personally with Mr. Wilkirson to discuss your rights and options in divorce.