Divorce & Property
Orange County Divorce and Property Division Attorney
Newport Beach – Palm Springs – Coachella Valley
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 over 35 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
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.
Spousal Support (Alimony)
The court has discretion to order one spouse, generally the higher income spouse, to pay financial support to the other. The length of marriage is another factors the court takes into consideration to determine spousal support. 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 financial situation, expenses, 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 the marriage. David Wilkirson will personally work with you to design the financial plan that will allow each party to be independent and able to support themselves. 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. Any plan ordered by the court may be modified if the financial situation changes, possibly due to illness, employment/unemployment or re-marriage. Wilkirson & Associates listens to you, answers your questions, works with you and provides the best possible service so that you do not feel as if you are lost in the “system”.
A spouse can also ask the judge for help collecting (enforcing) a support order.
Other Issues in Divorce
- Domestic abuse is sometimes a 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.