When you sign a document to speed up the process of your divorce, you may not fully understand the property division terms you’re agreeing to until it’s too late. Not only does this leave you feeling duped, but you may also have to relinquish property you had no intention of giving up. The following blog explains if you’ll be able to modify this agreement and how a Los Angeles division of assets attorney can help you navigate this process.
What Are Property Division Terms?
In California, the state follows community property laws for distributing assets during a divorce. This means that anything considered marital property, or assets accrued during the marriage, will be split evenly between both spouses. However, not everyone likes this method, so there is another option. If both spouses want to alter this option, they can enter an “amicable” agreement, meaning both are on board with dividing their property in a different manner.
Despite both parties agreeing to forgo a standard court decision the court will still be involved as they must review the agreement to determine if it is fair to both parties.
Can They Be Modified Following a California Divorce?
Whether you choose to follow community property guidelines or create an alternate agreement with your spouse, you’ll want to ensure that it is what you want, as you will not be able to alter the terms of the division unless there are specific extenuating circumstances.
Generally, the only time property division in California can be modified is if any of the following situations occur:
- Perjury
- Fraud
- Duress
- Mental incapacity
- Failure to comply
- Mistake of law or fact
However, these circumstances much be brought to the attention of the court within one year from the date of entry, with the exception of duress and mental incapacity, which have a two-year statute of limitations.
What Should I Do if I Need Legal Help?
If none of these situations apply, but you are still unhappy with the terms of your divorce, there is not much you can do. However, you may be able to modify other aspects of your divorce, such as alimony or child custody, if the circumstances surrounding those situations change drastically.
The best way to avoid ending up with unfavorable property division terms is to ensure you enlist the help of a competent and qualified attorney to ensure the terms you’re agreeing to are fair. Without the guidance of a lawyer, you may unknowingly relinquish much more property than your spouse.
At the Zitser Family Law Group, our dedicated team of attorneys is well-versed in any divorce issues that may arise. Contact us today to connect with a competent attorney to discuss the details of your case.
