Divorce has the potential to bring out the worst in people. There are many significant issues to resolve before the parties can go their separate ways, such as child custody and support, division of property and spousal support. When the soon-to-be ex-spouses cannot see eye to eye on these all-important matters, disputes can arise and the negotiations can become more and more contentious. In an effort to minimize the animosity between the spouses and to move the process along efficiently and smoothly, it is important to consult with an experienced family law attorney from the San Diego area.
One of the most important issues to resolve is the division of marital property. In order to do that, parties must be able to find and identify marital property, subject to division. Fortunately, state law provides some guidance in this area. California is a "community property" state, which means that a marriage renders two people -- one legal "community." In effect, property that the couple acquires during marriage is "community property." In some cases, deceptive spouses attempt to conceal or hide joint assets in an effort to avoid division of the assets in divorce. Another tactic is to file a fraudulent bankruptcy petition.
In a recent case reported in the U-T San Diego, a man was sentenced to 17 years for his efforts to conceal millions of dollars in assets in divorce and bankruptcy. According to the news reports, the man told his wife that he would file for bankruptcy so that she would get "nothing, including child support." The couple split up in 1999. Between 1999 and 2005, the man reportedly concealed millions of dollars in assets by placing them in other people's names. In 2005, he filed for bankruptcy protection. In 2008, a California court of appeal ruled on the divorce case and said in the ruling that it was the husband's "unstated but apparent view that if he can conceal his finances long enough he will not have to support his children."