Are you aware of your fiduciary duties in a San Diego divorce? It may surprise you to learn about the powerful legal obligation you owe to your former spouse until the date your divorce is finalized. A “fiduciary duty” under California law is a substantial legal obligation requiring you to act in the other party’s best interest. The fiduciary duties…
Fiduciary Duty
What Rules Apply to Spouses during the Divorce Process?
What rules apply to spouses during the divorce process? There are certain rules or duties and responsibilities that are placed upon former spouses as they work through the process of a divorce in North County or Carlsbad. From the moment the divorce petition is filed to the moment the Court issues final orders in your divorce case you and your…
How will the Finances Work During Your Divorce?
How will the finances work during your divorce? It is important to give careful consideration to your finances and to take important steps to prepare for an impending divorce. It is important to understand that each spouse owes the other a “fiduciary duty” when it comes to every financial aspect of the divorce. This requires each spouse to “act in…
The Fiduciary Duties of Former Spouses During a Divorce
What are the fiduciary duties of former spouses during a divorce in North County or Carlsbad? What is a fiduciary duty? Generally speaking, a fiduciary duty is the legal responsibility to act in the other’s best interest. It requires the highest legal standard of “fair dealing” and “good faith.” Each party will be held to this high standard of acting…
The Fiduciary Duty of Spouses Going Through a Carlsbad Divorce
What is the fiduciary duty of spouses going through a Carlsbad divorce? What obligation do former spouses have to one another from a financial perspective until the divorce is finalized? If you are considering or going through a divorce in North County or Carlsbad it is important to understand the “fiduciary duty” you owe to your former spouse throughout the…
Fraud in a North County Divorce Case
What should you do if you suspect fraud in a North County divorce case? When an individual or couple file for a divorce the court issues a variety of orders. The former spouses owe a “fiduciary duty” to one another to provide a full, transparent and accurate accounting of all assets, bank and investment accounts, retirement accounts, vehicles, real estate,…
Why is the Date of Separation a Critical Date in the Divorce Process
Why is the Date of Separation a critical date in a California or North County divorce? A fairly recent Court decision and new law has clarified this critical issue. The “Date of Separation” is legally the day when the “community” between the spouses ends, and the parties are able to engage in financial matters and decisions as individuals. The Date…
What Are Temporary Restraining Orders in a Carlsbad Divorce?
“I’ve just been served divorce papers in Carlsbad and there are restraining orders on the back of the summons. What are temporary restraining orders in a Carlsbad divorce and what do they really mean?” The shock of being served divorce papers is disruptive for most people, even when they are expected. However, many are surprised by the Automatic Temporary Restraining…
How Do I Keep My Former Spouse from Taking Money Out of our Accounts
We are often asked “How do I keep my former spouse from taking money out of our accounts during the divorce?” One of the concerns shared by many people contemplating a divorce is the fear that their former spouse may attempt to take money out of joint accounts, or run up credit cards prior to a divorce. The fastest and…