Property Division

Property Division

Property division is a key issue in any divorce and can have a significant impact on your financial security. A knowledgeable divorce attorney can help you understand your rights, help you understand what to expect and ensure the protection of your rights.

If you need to speak with a divorce lawyer, I encourage you to contact me, attorney J. David Markham. I can handle any property division issue that may arise in your divorce, including:

  • Characterization of property (marital vs. separate property)
  • Division of retirement accounts
  • Division of personal property
  • Business valuations
  • Division of real estate and the marital home

I am committed to providing each of my clients with quality legal representation and superior service. To schedule your consultation, contact my law office in Lakeport, California.

Property Division Laws

California is a community property state. Property acquired during a marriage is typically classified as community property, with limited exceptions. Separate property includes property acquired by a spouse prior to a marriage and limited property acquired during a marriage, including property acquired by gift or inheritance.

When spouses are unable to reach an agreement about how their property should be divided, a court will divide their property in an equitable fashion. While a court may divide community property on an equal 50-50 basis, equitable division does not require an equal 50-50 split.

Property Division

Protect Your Rights

Given the wide discretion that courts have to divide property in an equitable fashion, it is critical that you retain a skilled divorce lawyer who can negotiate a fair division of property on your behalf or make a compelling argument on your behalf at trial.

I have more than a decade of legal experience. As a former prosecutor and insurance defense lawyer, I have considerable trial experience and strong negotiation skills.

I take time to listen to my clients and understand their objectives. For some of my clients, receiving an award of the marital home is critical. For others, having access to liquid assets, such as investment or savings accounts, is more important. By taking time to understand your objectives, I provide tailored services designed to meet your needs.

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Spousal Support

Spousal Support

Spousal support is a complex issue that may have a significant impact on your immediate and long-term financial security. If you are faced with the prospect of a divorce that may involve a spousal support claim, it is important that you have a knowledgeable family law attorney on your side.

I am attorney J. David Markham, and I can provide the sound advice and quality legal representation you require. I have more than a decade of legal experience. As a former prosecutor and insurance defense lawyer, I have considerable trial experience and strong negotiation skills. To speak with me about your divorce, contact my law office

Protect Your Rights

A court may order either spouse to pay spousal support to the other party. The court may determine the amount and duration of the support award.

For couples married less than 10 years, the typical length of spousal support ordered is one-half the length of the marriage (or until the supported spouse is remarried). In long-term marriages (generally considered 10 years or more), spousal support can be awarded until either spouse’s death or re-marriage or a fixed date, depending on the circumstances of the parties.

Given the wide discretion that courts have to fashion spousal support awards, it is critical that you have a skilled attorney on your side who can negotiate a favorable resolution or make a compelling argument on your behalf at trial.

When representing clients in divorces involving spousal support claims, I take time to carefully review their financial circumstances. I analyze cases from a broad perspective to take into account the total impact of issues such as property division, child custody and spousal support. By taking a global perspective on such matters, I am better able to protect my clients’ rights and financial interests.

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Family Law

Family Law

Family law matters can be emotionally and financially overwhelming. Sometimes, just knowing that you have a knowledgeable and dedicated advocate on your side can make a world of difference.

I am attorney, and I am committed to helping you through this difficult time. I provide skilled and highly personalized representation for clients in a wide range of family law matters, including:

  • Divorce: I can handle all issues that may arise in your divorce, including property division, child custody, visitation, spousal support and child support. I represent clients in contested and uncontested dissolutions.
  • Child custody and visitation: I represent clients in custody and visitation matters that arise in the context of divorce, paternity and post-divorce matters, including parental relocation disputes, and modifications of custody and visitation.
  • Child support: I assist clients with child support matters in divorce and paternity cases. I also represent clients who are seeking or opposing a child support modification.
  • Modifications and enforcement: I represent clients who are seeking or opposing a modification of custody, visitation or child support. I also assist clients with the enforcement of child support orders and divorce decrees.
  • Domestic violence: I represent clients who are seeking or opposing a domestic violence restraining order.
  • Paternity: I represent unwed parents who have an interest in addressing custody, visitation and child support matters.
  • Adoption: I am pleased to assist families with the adoption process.
  • Other family law matters

Put my experience to work for you. I have been practicing law for more than a decade. As a former prosecutor and insurance defense lawyer, I have extensive trial experience and strong negotiation skills. As a client of my firm, you will have a strong advocate on your side.

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