You’re sitting at the kitchen table drinking coffee from a mug you got as a souvenir on a vacation with your spouse. You remember lying on a beach holding hands, reading poems to each other every anniversary on the same bench where you got engaged, simply being happy. You look up at the empty seat across the table and take another sip. Like your marriage, the coffee has gone cold. You remember arguments, nights on the couch, telling your kids, feeling overwhelmed. You know you need legal help for an emotionally charged divorce because you don’t want to face your ex alone.
With an experienced family lawyer for contentious divorce by your side, you don’t have to.
Very few people enter a marriage expecting to divorce. Even those who walk down the aisle with a prenup in place are likely not thinking of the end when they say “I do.” Marriage contracts have a unique complexity compared to other legal documents because they originate with the expectation of an exclusive love between two people. This additional emotional layer can make the ending of a marriage contract especially difficult, even hostile. While engaging a family lawyer may not prevent a contentious divorce, it can certainly ease the difficulties that accompany this emotionally charged event. A family attorney skilled in divorce disputes will listen closely and critically, gather information and navigate the legal complexities that accompany separation and divorce.
Legal support from a family attorney for complex divorces
Amy Laughlin, founder and Partner at Laughlin Legal in San Mateo, has been working with divorcing spouses for decades. “What I tell my clients, especially those leaving a longterm marriage, is this: in California, this should be very straightforward and fair. The law is there to protect you. All marital assets will be split equally unless there’s some extenuating circumstance.
Separating couples generally don’t want to live together anymore so typically one person wants to move out but they’re afraid of the consequences – they won’t have access to funds, they’ll lose the house, and they may not have access to their children. It’s very common. As is being afraid of the outcome of your divorce. It’s normal.
But here’s how things get derailed: when people believe that their divorce will not be fair, they act in ways that creates more fear in the other party and turns their situation into a hostile and contentious one. And the only people who benefit from it are the lawyers.
We always tell our clients – don’t threaten, don’t fan the flames of fear. Don’t let your emotions run away with your divorce. You want your money and all your earnings to be split equally. And the law in California is very protective of making that happen. Let the law do its job.”
The experience and expertise of a family attorney for complex divorce like Ms. Laughlin will be especially beneficial when a divorce becomes contentious, or is complicated due to children, division of property, or domestic violence.
Child custody disputes and legal support
A couple with children has to think about more than just two during a divorce. California courts prioritize the wellbeing of children when it comes to child custody cases. When couples disagree about how to provide the best care to their child, it can lead to arguments over custody arrangements, parenting schedules, and decision-making authority regarding education, healthcare, and religious upbringing. And more.
Ms. Laghlin explains what an experienced divorce attorney for high conflict cases can do for you. “We can get a custody order in place right away so that the spouse who wants to leave the family home won’t have to worry about having access to the kids. And we can also get a spousal and child support order in place so you have the money to move out. Once they’re in place, we vigorously advocate for a parenting plan that benefits the children.”
Asset division and legal support
Asset and property division is another area that can turn an otherwise relatively neutral divorce into a contentious one. Often, the greater the complexity of the assets being divided, the greater the intensity of the dispute and the longer it takes to resolve. Complex asset division involves a divorcing high net worth couple whose assets are valued in excess of $10 million. Valuing and dividing those assets – often across multiple countries and jurisdictions – can be very time consuming. Financial sophistication is essential to navigating the complexities of these high net worth estates and the couples who built them. Ms. Laughlin explains.
“In family law, there is this concept of an in-spouse and an out-spouse. The in-spouse is often the person who’s managing the finances, it’s frequently the working party or the higher asset party. The out-spouse is often a stay at home parent who’s typically focused on raising their children. Most out-spouses believe that their in-spouse is hiding assets. That’s a very common concern though it’s actually a fairly rare occurrence. It’s very difficult to hide assets without there being a trail. If someone has their own business it’s easier to hide assets or income, but for those of us who know our way around complex financial matters, there are ways of finding that out.”
Additionally, a skilled family lawyer can negotiate fair distribution of assets and debts and generally protect their client’s financial interests.
When divorce becomes abusive
Divorce is seldom easy, but it can be exponentially more difficult when your ex is also your abuser. A family lawyer can, first and foremost, safeguard their client by obtaining a restraining order. But physical violence is just one form of domestic abuse. It can also take the form of emotional or financial violence.
Alternatively, if a client is being unjustly accused of domestic violence, it could impact custody decisions, property division and spousal support. A skilled family lawyer can defend against false accusations and protect their client’s rights throughout the process.
Ms. Laughlin adds, “While it’s important to find a family law attorney that you feel comfortable with and confident in regardless of your specific situation, keep in mind that to a large degree, California has your back. As a state, it does a great job of providing legal protection during divorce disputes.”
If you or someone you love is headed for divorce, learn more about how the family law attorneys at Laughlin Legal can best represent you and your values. Call us now at 650.343.3486 to schedule a consultation with a Laughlin Legal divorce attorney. If you’d prefer, you can email us to set up your appointment. If we miss your call, we will respond promptly and call you back as soon as possible.
Laughlin Legal Family Law Group
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