San Diego Family Lawyer Helps Couples Split Property and Assets in Divorce Cases

Aug. 28, 2009 - PRLog -- When it comes to getting a divorce there is nothing fun or easy about it but San Diego family lawyer Patrick Mazzei has developed a niche for helping couples settle property and asset disputes in a quick and timely manner and avoid long and lengthy disputes.

As a family law specialist Mazzei knows exactly what each party is entitled to and knows how to reach fair agreements with both parties to resolve matter quickly and with minimum court and legal expenses.

Patrick Mazzei has been handling family law cases in San Diego for 15 years and being specialized in divorce and child custody cases enables him to help both parties reach a fair settlement and move on with their lives.

Post-Decree Modification of Property Division

Discovery of Property During Divorce Proceedings

During a divorce proceeding, the parties are entitled to conduct discovery. Discovery is a process by which each party can ask questions in depositions and inspect each other’s financial and business records to discover the total assets and liabilities of the marriage. A court will enforce a party’s right to full disclosure so that each party has a clear idea of the identity and value of all marital property.

Property Settlement Agreement

Once the parties have completed discovery and there has been full disclose of all of the parties’ assets and liabilities, the parties may choose to resolve all property distribution themselves. They may draft a property settlement agreement (PSA) that divides the property. If the parties can agree on the distribution of some of the assets and liabilities but not others, each party may draft a PSA that reflects their respective positions. The competing PSAs can be presented at a pretrial settlement conference at which the judge will make suggestions. If the parties accept the suggestions, the changes can be incorporated into an agreed PSA. If the parties do not accept the suggestions, the issue may be taken to trial.

Final Order

When a divorce decree is entered, it will incorporate the PSA or will contain an order that distributes the parties’ property and liabilities. Ordinarily, the property division is then considered to be a final order that cannot be modified. In some circumstances, the property division can be modified.

Post-Decree Modification

Any action to modify a final divorce decree and/or PSA constitutes a post-decree modification. Generally, post-decree modifications are rejected out of hand because the divorce decree and the PSA are presumed to have been entered into after full disclosure. If, after the decree is entered, however, one party discovers that the other did not fully disclose all income and assets or that the party fraudulently concealed income and assets, the issue of property distribution may be reopened to prevent a fraud upon the court and to allow the court to enforce the parties’ agreement.

Pension Plans and Bankruptcies

When state law treats pension plans as property rather than income, post-decree issues may arise that require a court to reexamine property distribution. Such issues may include how to distribute pension benefits. Other issues that might trigger a post-decree review would be a spouse’s post-decree filing for bankruptcy relief. A bankruptcy filing may raise a situation in which a divorce court would be authorized to redistribute property.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.

If you are in San Diego County and are dealing with a divorce call Patrick Mazzei for a free legal consultation at (619) 238-4290 and get some free legal advice regarding your personal situation.

# # #

San Diego family lawyer Patrick Mazzei has been helping San Diego couples and families with child custody and divorce cases for the past 15 years. As a certified family law specialist Mazzei is able to process divorce cases in a timly and effecient manner and limit the expense and frustration involved.

If you need the help of a family lawyer or divorce attorney call Patrick Mazzei for a free legal consultation at (619) 238-4290.