QUESTION: Can a petitioner in a divorce default judgement get more than 50% of documented community property assets or will the judge split total community assets in half?
MY RESPONSE: On a default, the court would follow the law and order the net community assets (which are disclosed to him/her) to be equally divided between the parties. If your disclosure to the court omits assets or undervalues or overvalues assets, the other party could file a Motion to adjudicate unadjudicated assets, or could, within the time limits set forth in Family Code Section 2122, file a Motion to set aside the Judgment or a portion of the Judgment.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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