Divorce and Date of Valuation of Assets and Debts

At the Law Office of David P Schwarz we are experienced litigation attorneys who have dealt with many complex issues of the valuations of Orange County divorce assets and debts through our many years of practice. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at dpslaw66@gmail.com

A Divorce lawyer will assure their client that the Court will make most of it rulings regarding the valuation of an asset at the time of the Divorce trial.

There is an exception the Law Office of David P Schwarz can argue to the Court upon 30 day written notice to the other party, the court for good cause shown may value all or any portion of the assets and liabilities at a date after separation and before trial to accomplish an equal division of the community estate of the parties in an equitable manner.

Earnings and accumulations after date of separation

The Divorce attorney will argue to the family law court that the earnings and accumulations of a spouse and or an emancipated minor child living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse or child.

Businesses date of valuation

A spouse who kept poor records which ultimately did not permit her to show clearly to the court what was her separate property and what was community property was good cause for valuating business as of date of separation, rather than date of trial of dissolution.

An alternative to valuing the property at trial occurs when the personal skill, industry and guidance of the operating spouse are the main reason the business is profitable. This would constitute good cause for another date to determine the value of an asset other than the trial date. The family law court will keep a vey flexible approach to valuing an asset when it is constantly changing in value and it is necessary to create an equitable result.

A Divorce lawyer will assist the court in giving them as much information to assist them in making a determination of the valuation of an asset or debt. This evaluation requires careful analysis of an Orange County superior Court Judge to determine the forensic value of an asset that the parties are fighting over. To do such analysis requires careful in depth analysis by the Court and the experts involved to determine the accurate value of an asset. Equity plays an enormous part in dividing a community asset and determing if an asset is truly all separate property or a commingled asset of community and separate property.

At the Orange County Law office of David P Schwarz we take all valuation of property seriously and use skilled experts and our own knowledge of valuation principles to get the best result for our client. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by email at dpslaw66@gmail.com.

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