Property Division
Our Approach
When we work with clients on dividing up marital property, our first consideration during the triage stage (believe it or not) is the children. Alongside child support, we want to be sure that the division of property will benefit the children financially. We also urge parents to look at the children’s needs extending beyond the standard costs of supporting them. (For example, if the children are struggling to come to grips with the divorce itself, perhaps the parents would be willing to liquidate some assets to help pay for therapy.) Once we’ve evaluated the children’s needs, we encourage couples to negotiate, discuss and compromise so that the rest of the property is divided in a way that each spouse can live with the results.
Resolving Disputes Creatively Can Save Time and Money
Because property division can be so complicated and often adversarial, it’s perhaps the biggest reason why you need an experienced family law attorney to help you. Call our offices for an evaluation today.
Property Division
Community Property State
Perhaps one reason property division is a hot-button issue is that California is one of only a few states that follows community property rules when dividing marital assets. Unlike other states that use equitable distribution rules according to how much spouse brought to the marriage, California considers all marital property as belonging to both spouses equally, no matter who earned it or brought it to the marriage. This makes it easy enough for the judge overseeing the case, but it can create friction between spouses, as much for sentimental attachments as for a general sense of fairness.
Property Division
Negotiation and Mediation
When property division happens in a litigation setting, neither spouse is usually happy with the results. However, if both parties are willing to negotiate and discuss, they can iron out their own property division agreement before the judge decides for them—whether through negotiating through their attorneys or by mediation. Whenever possible, we recommend this approach because although it takes some time and effort, both spouses usually walk away much happier with the results.
Property Division
Not far behind custody disputes, division of marital property is perhaps the most hotly contested issue in many divorces. Despite the fact that the state has set guidelines for dividing property evenly between the spouses, the question of how that equal division occurs often raises issues about who-gets-what. When emotions run high, it can cause undue stress both for the spouses and their children. The Law Offices of Hollie A. Lemkin are dedicated to helping you resolve these issues in a divorce settlement so you can divide your marital assets in a way that is fair to all involved.
TESTIMONIALS
What Our Clients Say
Hollie is very professional, knowledgeable, and always accessible. She answers all questions and explains everything step by step. She is very efficient in her legal work and does not push services that are costly or unneeded. I highly recommend her service if you are seeking a professional attorney in family law.
A S.
I can't say enough about Hollie Lemkin and how she handled my child custody case. Hollie not only dispelled a huge amount of misconceptions regarding child custody, she fought hard to be sure I got equal time with my son. My ex-wife had brainwashed me making me think I had no rights and tried a lot of unsubstantiated allegations against me that Hollie got ironed out. If you want a real attorney with teeth, expert knowledge in Family Law and court experience, I would highly recommended her. I was lucky that a good friend of mine recommended her to me who had the same positive outcome with Hollie.
Jeff P.
If you want the "Mike Tyson" of attorney's in your corner, someone to fight for you and not take any crap, then Hollie Lemkin is your person!!! My ex-wife came after me for alimony and more child support. My ex had me believing all these things and amounts that were totally false. Once I hired Hollie, she got right to work and dispelled all the BS that I was being fed. Her confidence in my case made my sleepless nights go away. And when it came time to go to court, my ex wife attorney didn't stand a chance. I got everything I wanted and more. Now I have closure and can move on with my life with nothing to worry about concerning my ex wife. Thank you again Hollie
T. S.
Hollie responded immediately, especially when i needed it most. She was professional in every way and has answered every question and gone beyond her call of duty. She has even helped me with other unrelated legal questions. I think she is a Rock Star!
Cindy S.
