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Debt Division

Westlake Village Divorce Lawyer – (805) 633-4999

California considers debt to be a real asset that needs to be divided during a typical divorce. This family law statute can often catch divorcing couples off-guard, as they had focused their time and energy on deciding how to divide property that is either more tangible or more desirable. If you need assistance regarding how you should go about debt division in your divorce, let me, Westlake Village family law Attorney Jeffrey Graff, help you. I have more than 35 years of experience managing complex family law disputes that I can put to good use for your case.

Protecting my clients’ best interests is a priority. Contact me today to start your case.

How California Divides Debt in a Divorce

Although no one wants to claim debt, someone has to take it during a divorce. To keep matters relatively simple, California considers debt to be an asset like any other item or property. The state will use several rules of division to decide who gets what debts and why.

While dividing debt, the court will need to consider:

  • Community or separate: When was the debt in question accrued? Debt accrued by one spouse before marriage could be considered separate and be given to that one spouse. Debt accrued during marriage might be community debt and divided between both spouses, even if the debt was formed through the purchase of an item or asset only one spouse used or enjoyed.
  • Equitable or equal: The court has some leeway when deciding how to divide community debt. Depending on how the debt was accrued, it could be equitably or equally distributed. Equitable distribution will split the debt fairly, whereas equal distribution will try to split it 50-50.

To avoid placing the decision of debt division in the hands of a family law judge, you and your spouse can agree upon debt division yourselves and bring the agreement to the court for final approval. If this is a route you think you would prefer, do not hesitate to ask me about mediation or collaboration to work together with your spouse during your divorce.

You Can Count On Me 24/7/365

As a Westlake Village divorce attorney who prioritizes the needs of his clients, I always do my best to stay communicative with people who retain my services for their debt division case, divorce, or family law dispute. When you are my client, you should feel free to call me at any time of any day, even holidays, weekends, and late in the night. I believe this is crucial for establishing a personal connection with my clients, which is allows me to better understand their objectives during divorce and construct a strong case on their behalf.

I offer free consultations to inquiring clients. Contact me today to get started.

Hear it From Our
Happy Clients

  • Long story short, Jeff was able to get the monthly amount we paid cut down by more than half!!

    “Jeffrey handled my Family matter. Jeff is great!! He really helped me and my husband fight my husband’s ex. My husband got hurt at work and we were really having a tough time. My husband ex’s got a big child support order against my husband and we didn’t even know that she went to Jeffrey handled my family matter. Jeff is great!! He really helped me and my husband fight my husband’s ex-wife. My husband got hurt at work and we were really having a tough time. My husband ex-wife had a huge child support order against my husband and we didn’t even know that she went to court for that!! Then, she started coming after us for this big child support money every month. She wouldn’t even let her kids come over to visit with us and my kids, but just wanted the money and my husband wasn’t working. My co-worker went to Jeff for her divorce and she told me to call and talk to him. I am so thankful that I called him. I talked to him and he explained everything to me. I needed that because I didn’t know what to do. My husband and I met with him in his office. Jeff and the secretary were both so nice and very professional. I completely trust them! Long story short, Jeff was able to get the monthly amount my husband pays to his ex-wife cut down by more than half!! And on top of that got the judge to make my husband’s ex let the kids come and visit with my husband, who is still hurt, and my kids. Everything worked out so much better than I thought it could. I didn’t know we had a choice and that we could go to the judge to lower the support AND let us see the kids. I would recommend Jeff to anyone who need help with family law. Very Helpful.”

    Linda

  • His team helped restore hope into our family in a time of uncertainty. That alone make Jeff a fantastic attorney aside from his knowledgeable legal skills.

    “Jeff and his team are by far the best to work with. His staff is kind, courteous, and he is excellent at getting the job done in a timely fashion. He is very straight forward and makes it easy to understand what is going on step by step in your case. His experience and insight into the family law field is excellent. Jeff and his office have helped my family tremendously and I would recommend him to anyone who is looking for family law help. If you wants to be sure it is done correct the first time and that your family's best interest are always cared for, he is the guy. His team helped restore hope into our family in a time of uncertainty. That alone make Jeff a fantastic attorney aside from his knowledgeable legal skills.”

    Catherine

  • He understands family dynamics because he has experience working with many different types!

    “Jeff is very kind and always takes time to listen to my issues and questions. He is very professional. Jeff is always prepared for court and his experience is obvious when you see that all the judges know him and regard him with great esteem. Jeff understands family dynamics because he has experience working with many different types of issues which characterized my case. If you would like to be able to trust that your lawyer is going to resolve your issue to the best possible outcome while being professional and courteous, Jeff Graff is the attorney for you.”

    Paul

  • I felt that he always had my best interest in mind!

    “I selected Jeff to represent me because he specialized divorce cases and had worked with the Ventura County judges for many years. He was very patient with me as dealt with the emotions of getting a divorce after a 19-year marriage, and helped me through the terrible stress of facing my ex-spouse and being in the courtroom. He gave me very good advice on how to manage the property settlement, especially on when I should capitulate and when I should hold my ground. I felt that he always had my best interest in mind (rather than just collecting his fee) and worked diligently to bring the case to a fair conclusion.”

    Mrs. M

  • He worked efficiently to get the best and honest result for my family in child support matters.

    “I chose Mr. Graff to represent me in my divorce since he was also knowledgeable with bankruptcy law. He promptly returned phone calls, was quite helpful and consistent in advising me. He knew and understood my case and was very professional in representing me. Furthermore, I knew he was well respected in the courtroom and by other attorneys. He worked efficiently to get the best and honest result for my family in child support matters. I would absolutely hire him again and definitely recommend him to anyone in need of family law representation.”

    Kathy