When a married couple decides to pursue a California divorce, they must go through a process that can be difficult. This process is known as property division, and the division of the marital estate must comply with the basic tenets of California's community property laws. Unfortunately, as is the case with any contract, there are circumstances that can arise that no one can foresee when the contract is executed, and this can place the existence of a divorce settlement in jeopardy.

An example of this type of problem recently arose in New York, where an attorney who is a partner at a large and powerful law firm completed a divorce with his wife of 33 years. Many of the assets in the marital estate were part of an account with the notorious Bernie Madoff, and after the divorce was complete the husband’s assets, which remained in that account, disappeared.

As a result, the former husband sued his wife in order to recapture a portion of the money that was provided for her when the divorce was complete. The trial court in the case dismissed the lawsuit, but a higher court reversed that position. As of now, the case remains in limbo and the parties are facing the possibility of years of litigation as a result. Unfortunately, this potential for prolonged litigation could exhaust much of what is left from the marital estate.

Carlsbad Divorce Mediation Lawyers

Situations like this one, where it seems that no one was at fault for the disastrous financial results, could have been handled by way of divorce mediation. While such an effort may or may not have led to a positive result, the parties would have known if a settlement was possible and whether or not enormous legal fees could have been saved.

If you are facing the possibility of a divorce and you and your spouse want to work towards protecting the assets you’ve spent years accumulating, you need to seek the help of Carlsbad divorce mediation lawyers who have helped many clients move on with their lives with their assets largely intact. Contact Zonder Family Law today to schedule an initial consultation.