Divorce and the Fiduciary Relationship Each Party Owes to the Other Family Code 2102
At the Law office of David P Schwarz we have practiced Divorce law for many years in the Orange County Court and have defended many clients from any breach of fiduciary duty owed to the other spouse. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by emails at firstname.lastname@example.org.
The divorce lawyer will guide you through the process of the divorce and inform you that from the date of separation to the date of the distribution of the community or quasi-community asset or liability, each party is subject to the high ethical standards to the other party and must abide by them at all times. This duty of loyalty applies to all activities that affect the assets and liabilities of the other party.
The Orange County divorce lawyer will guide you to make accurate and complete disclosure of all assets and liabilities in which the client has or may have an interest or obligation. The client must disclose all current earnings, accumulations, and expenses, including an immediate, full, and accurate update or augmentation to the extent there have been any material changes. This is the standard disclosure that must be made in all divorces. There can be no nondisclosure in a California divorce.
A Lawyer will assist you in making the accurate and complete written disclosure of any investment opportunity, business opportunity, or other income-producing opportunity that presents itself after the date of separation that results from any investment or business activity outside the ordinary course of business.
This includes other income-producing opportunity of either spouse from the date of marriage to the date of separation. At the Law Office of David P Schwarz we will make our clients implement a written disclosure to the other spouse done in a sufficient time for the other spouse to make an informed decision. This informed decision must take into account whether the left out spouse desires to partake in the investment of the other spouse. Obviously sufficient time is dependent on the type of property and type of transaction that is going on.
A divorce attorney will assist you in bringing a motion to the court if the spouse fails to make a written disclosure of any business investment made without your involvement. There are remedies to be sought the family law superior court under family code section Section 2556. This section will provide the spouse with continuing opportunity to got to court if they are a victim of any violation of fiduciary breach regarding elicit investments without the knowledge of the other spouse.
At the Law office of David P Schwarz we will protect your interest in all your Orange County community property assets and defend your from any breach that may have occurred on your behalf. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at email@example.com.