Dividing debt during divorce can be much harder than dividing assets, as debt is a burden that no one ever wants to carry. The cleanest way to deal with debt is to pay it off before the divorce process so that both parties are able to start their new lives debt free, though certainly a little less well-off. If this isn't possible, the next best option is that one party agrees to take responsibility for the debt in exchange for receiving more assets from the division of property.

The final option is for the couple to share responsibility for the debt. This is far from ideal, because if one party fails to pay off their portion of the debt, the other party is still legally responsible for the debt even if a legal agreement assigns the debt to the other party. This option leaves both spouses vulnerable and should be avoided where possible.

For more information regarding property division and divorce in California, contact Claery & Green to schedule a consultation with a Los Angeles divorce lawyer.

One of the most common questions Claery & Green receives from clients is "How is property divided in the state of California?"  Many people who are planning to divorce want to know this so they understand how their marital assets will be divided if they move forward with terminating their marriages.

According to the California family law, all property marital property is to be distributed equally between both spouses.  Marital property is considered any assets that are accumulated throughout the duration of the marriage.  Any property that is accumulated before or after the marriage is considered separate property and will not be subject to property division.

Do you have questions related to divorce or property division in Los Angeles?  If so, you should contact Claery & Green to schedule an initial case evaluation with a Los Angeles family lawyer today.  We have helped many people get through their divorces and will do everything we can to help you protect your assets.  

The McCourts are one step closer to resolving their highly contested divorce and determining who will retain ownership of the Los Angeles Dodgers baseball club.

A Los Angeles County Court Commissioner set a trial date for August 30, during which the court will hear arguments to determine whether Frank or Jamie will get to keep the Major League Baseball team.

Frank McCourt claims he is the rightful owner of the team, and that a 2004 marital agreement gives him sole ownership rights to the Dodgers, Dodger Stadium, and the surrounding land. That same agreement gives Jamie McCourt the rights to their seven properties, which includes six homes and one condominium.

Despite this alleged agreement, Jamie claims she has the right to partial ownership of the team.

Considering Filing for Divorce?

The McCourts' divorce is not only very messy and complex, but it could also take over a year to resolve. Not all divorces have to be this way. It is possible for two people to resolve their divorce amicably as long as they are willing to put aside their differences and address what is most important: reaching a settlement that serves the needs and best interest of everyone involved.

If you have decided to file for divorce, a Los Angeles divorce attorney at Claery & Green would be happy to discuss possible alternatives to litigating your case in court. Through mediation, a marital settlement agreement, or some other form of alternative dispute resolution, you can save yourself a great deal of time, money, and energy that can be better spent on starting your new life. To arrange a consultation to discuss your divorce, please contact the office today at (310) 362-2272!

The divorce case of Los Angeles Dodgers owner Frank McCourt from his wife Jamie sheds light on how complicated high-net divorce cases can be, as well how much is at stake.

Jamie is asking the court to order Frank to pay almost a million dollars--$988,845 to be exact— in temporary spousal support. She says that amount is what she needs in order to maintain the same lifestyle she had while married.

Other interesting points of the divorce, made public after the judge unsealed 1400 pages of documents, include just how much the McCourts earned and spent while they were married. The court papers indicate that during the last five years of their marriage, both Jamie and Frank took home $2.31 million per month in salaries and perks, tax free. Frank’s financial adviser also said Frank would use the business to fund whatever he and Jamie needed or wanted. Jamie claims that Frank’s net worth is almost $900 million at $834,900,000 and McCourt Enterprises is worth more than $2 billion.

How the couple plans to divide their assets will certainly be a hotly contested issue.

If you are planning to file for divorce, and you have a large amount of assets or property at stake, it is important to take the appropriate measures to ensure those assets and property remained protected. The more assets, money, and property at stake, the more complex and challenging the case can be. You need an attorney who has experience handling all types of divorce cases, including those involving high net worth assets.

At Claery & Green, we have represented clients from all walks of life, and have the experience and legal knowledge to competently guide any client through the divorce process. Should you and your spouse have a prenuptial agreement or  postnuptial agreement in place, as is often the case with these types of divorces, you can trust an attorney at our office to enforce or challenge the terms of the agreement, depending on what the situation calls for.

Contact Claery & Green today to speak with an experienced Los Angeles divorce attorney about what can be done to protect your assets from property division laws!

One of the most important aspects to address during a divorce is how marital property will be divided. A couple has the right to reach a property division arrangement on their own. However, if the couple cannot agree on how to divide their joint assets, California property division laws will apply.

In California, community property (which is considered any property acquired during the course of the marriage) is divided as equally as possible between the parties. And because California is a no fault state, certain circumstances, such as adultery or abandonment, are not taken into consideration when determining how community property will be divided. That being said, there are always exceptions to the rule, so it’s important to consult an experienced divorce attorney to ensure you receive a fair settlement.