Protecting Your Assets During Divorce
The concept of fiduciary requirements refers to your obligation, and your spouse's obligation, to protect your shared property while going through a divorce.
However, this concept is expanding. More and more frequently, courts are looking back further. They are looking back at financial mistakes made well before the divorce began. The issue of fiduciary requirements is becoming more complicated.
Call my office at 408-298-4000 or contact me online to schedule your consultation about divorce and family law.
Fiduciary Requirements and Property Division
Fiduciary requirements differ from one couple to the next. The common thread, either before or after separation, is the voluntary disclosure of financial information. Major purchases must be discussed. Big investments must be talked about. Both sides must be involved in financial decisions.
I will work with you to make sure all fiduciary requirements are met. I will also take care to see that the other side does the same. I am divorce lawyer Hugh Thomson. With more than 30 years of experience serving San Jose and California on my side, I know how to help.
When a divorce is filed for, an automatic temporary restraining order goes into effect. You need competent counsel guiding you so that you don't accidently run afoul of these restraints. Contact the Law Offices of Hugh Thomson at 408-298-4000 or online.
As your attorney, I will see that you do not violate the restraining order. More importantly, I will keep a watchful eye on the opposition.
Paying for the Financial Mistakes of the Past
Courts are beginning to look at breaches of fiduciary requirement that took place well before the divorce. For example, six months prior to a divorce, your spouse may have gone out and purchased a new car without discussing it with you. Perhaps the money lost in this transaction should be put back into the community property by your spouse.
Another example might be an investment you made a while ago. Perhaps you made a stock purchase a few years ago that turned out to be unwise and costly. Should you have to put the money lost back into the community property? If the investment would have gone in the other direction, would your former spouse be telling you to keep all of the money your investment earned? Probably not. My role is to help clarify these matters in pursuit of fair results for you.
For a divorce consultation with The Law Offices of Hugh Thomson, call our office at 408-298-4000 or contact us online.
