Divorce Lawyer in Orange County Helps Achieve Fair Property Settlements

At the Timothy Peabody Law Firm, we assist clients in all aspects of divorce, including working out a division of the marital property through careful and persistent negotiations, or through aggressive trial advocacy when necessary.  We believe the role of Orange County divorce lawyers is to carefully analyze the individual circumstances of clients and guide them to solutions that offer the opportunities they need for a fresh start.  From our office in Newport Beach, we are able to represent clients located in Irvine, Costa Mesa, Huntington Beach, and throughout Orange County and Southern California.

Divorce Lawyers in Orange County Experienced in Negotiating or Litigating Divorce or Dissolution of Marriage

At the Timothy Peabody Law Firm, we understand that divorce is both emotionally and financially burdensome.  That is why we take a hands-on approach to the divorce process, personally getting to know our clients and their unique circumstances so we can offer fair, responsible, and cost-effective representation that is tailored to their needs.

In most cases, the firm encourages clients to negotiate a marital settlement agreement instead of going to trial in order to minimize costs and maximize the likelihood of a fair and beneficial result.  A marital settlement agreement may address all issues involved in a divorce, including the division of community property, family maintenance and support, and child custody and visitation.  However, when the spouses cannot agree on a fair settlement, the firm aggressively pursues litigation to obtain a judicial order for the benefit of our client.  For additional information on the divorce process, please see what to expect in your divorce.

Property Division & Settlements

During the divorce process,  spouses able to reach agreement—or the court through a judicial order—characterize, valuate, and divide all of the property and debt accrued during the marriage.  This may include such property as a family residence and other real estate, retirement benefits, stocks and bonds, investments, business interests, savings and checking accounts, and even personal property such as jewelry, automobiles, and household furnishings.

The first step in the division of property is its characterization as either separate or community property.  In general, property that is acquired during the marriage is presumed to be community property, whereas most property acquired by a spouse before the marriage or after the date of legal separation or divorce is presumed to be the separate property of that spouse.  However, there are certain events that can occur during the marriage to transmute, or transform, the property into community or separate property despite the date of acquisition.

Generally, once all of the property is properly characterized, the spouses will keep their own separate property, with exceptions, minus any reimbursements owed to the other spouse for improvements made to that separate property.  The property characterized as community property should be valued and divided more or less equally between the spouses.  Orange County divorce lawyer Timothy Peabody helps clients determine the best division for them and negotiate to offset one property or debt for another so that our clients can retain the property that is of the greatest value to them both personally and financially.

Experienced Orange County Divorce Lawyers

With over 22 years of experience in family law, attorney Timothy P. Peabody has the skill and expertise to help clients through all aspects of the divorce process.  For personalized service directly from Mr. Peabody, contact the Timothy Peabody Law Firm today or call the firm at (949) 200-4610 to schedule a free initial consultation.