Victoria S. Linder Law Office Family Law Attorneys
This Attorney is Lead Counsel Verified. Click here for more Information.
Call to Schedule an Appointment
916-905-4805

Will you receive your fair share during property division?

It has been said that -- in some cases -- a divorce can show the worst aspects of a person's personality. California readers may be interested to learn about the lengths a well-known man from another state is prepared to go to in order to avoid property division. After a marriage of more than 20 years, he now claims that the marriage was never legal. This case may serve to emphasize the importance of ensuring that all documents related to marriage and finances are legal and would hold up in court.

The couple, together with their three children, has been sharing a $2 million home in another state prior to the wife filing for divorce. The husband claims that their marriage license was not issued prior to their marriage, and although they applied for it a couple of days before the wedding, it was received more than two weeks later. He now claims that, because they were never legally married, there is no need for a divorce or property division and alimony.

While California is a community property state, New Jersey -- where the couple resides -- is an equitable distribution state, meaning that all assets should be fairly distributed between the two spouses. The report does not mention the date that appears on the marriage license, and this may be an important detail in this case. As in California, their state does not recognize common law marriages. The wife is now preparing evidence of their 20-year marriage.

While the outcome of this property division fight is still unknown, California residents may benefit from retaining the services of a legal professional. This may ensure the legality of all documents related to their marriage and also going forward into divorce proceedings. Even documents prepared and signed when a couple is still madly in love need to hold up in court in the event of future litigation. The care and attention afforded to such details may determine the financial stability of a divorcing spouse's future.

Source: forbes.com, "How Far Some Men Will Go To Get Out Of Dividing Assets In Divorce", Jeff Landers, Oct. 22, 2014

No Comments

Leave a comment
Comment Information

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
Sacramento Law Office Map