Consider a Private Judge
The public courts are overburdened, underfunded, and inefficient. As a result, it often saves money and a great deal of time on complex cases to pay a private judge to handle the case. It also allows for greater confidentiality, flexibility in managing your personal calendar, and provides for hearings in a more pleasant environment.
Disclosure of all finances and often business opportunities is mandatory in family law proceedings. Dissemination of this information to the public must be minimized.
There are often a multitude of options for dividing a community property estate. Concrete planning and foresight can minimize tax consequences.
Wealth & Retirement Planning
The division of an asset may result in a lost investment opportunity, penalties, or have certain tax consequence. There are different ways to divide an individual asset, or in the alternative, to exchange one asset for another, to maximize parties’ wealth and retirement strategies.
High asset divorces significant assets are often accumulated prior to marriage, or gifted or bequeathed to one party alone, making those assets separate property. However, during the marriage these assets are frequently commingled with other community property assets. For example, a party having a mutual investment fund prior to marriage to which funds earned during the marriage were added.
In addition, the form in which the assets are held may be changed (e.g., a party may invest monies from his separate property savings into a family home or business). Lastly, the title in which the asset is held may change from one party’s name to both parties or to the other party’s name. In each of these scenarios the original separate property funds must be carefully traced if the party wishes to claim them as his/her separate property.
Premarital and Postmarital Agreements
Premarital and postmarital agreements are often altered whether particular assets are found to be a party’s separate property or to be joint community property. The agreement itself may also be unenforceable.