How are assets divided during a divorce?
How are assets divided during a divorce?
At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Equitable distribution. In all other states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.
Can a spouse sell assets during a divorce?
The spouse who owns separate property can generally manage it according to their wishes, including selling it or giving it away. If the court is handling the division of property in a California divorce, their goal is to split property fairly and equitably between the two divorcing parties.
How far back does Discovery go in a divorce?
three years
What are discovery questions in a divorce?
The type of discovery include: Interrogatories—which are written questions that must be answered under oath. Requests for production of documents—asking that certain documents be provided by you or your spouse. Requests for admissions—asking that certain facts be admitted or denied.
What types of evidence can be legally obtained during the discovery process?
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and …
What are the three forms of discovery?
That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions. See FindLaw’s Stages of a Personal Injury Case section for related articles and resources.
Do cases settle after discovery?
But the usual cases will settle after intensive (and expensive) discovery is concluded, usually a few months before the actual trial, sometimes literally on the steps of the court house or in the first few days of trial if parties are willing to push the settlement envelope as far as they can.
Can you be forced to give evidence?
Can a person be forced to give evidence? A person can be compelled (forced) to attend court and give evidence if they have been deemed competent to do so. The exceptions to this rule are the accused themselves, the accused’s spouse or civil partner and those not deemed competent to give evidence.
