Your Fiduciary Duties During Divorce

Embarking on the journey of divorce brings with it a set of legal responsibilities, including fiduciary duties, that must be navigated with care. Understanding these obligations is crucial for a fair and transparent divorce process. 

Below, we’ll delve into what fiduciary duties entail during divorce in California, shedding light on the importance of making full and accurate disclosures, and how seeking guidance from a knowledgeable divorce attorney, such as those at the Viola Law Firm P.C., can help you fulfill these duties effectively.

What Is a Fiduciary Duty?

A fiduciary duty is a legal obligation to act in the best interest of another party. When it comes to divorcing in California, spouses owe each other fiduciary duties, meaning they are legally bound to act honestly, transparently, and in the utmost good faith throughout the proceedings.

Fiduciary Duties During Divorce in California

There are several laws that outline the financial duties you have to your spouse during marriage and divorce, including:

Family Code §721

Spouses have a fiduciary duty to each other, encompassing the highest standard of good faith and fair dealing. This duty requires spouses to provide each other with access at all times to clear and accurate accounting records of their joint finances. 

Family Code §1100

Family Code §1100 emphasizes the duty of spouses to update and supplement their financial disclosures. If there are material changes in financial circumstances or new assets acquired after the initial disclosure, each spouse must communicate these changes promptly. It also clarifies that the financial duty continues until the couples’ joint assets have been divided

Family Code §2100

Section 2100 is the foundation for the financial duties in divorces. It underscores the overarching principle that the parties must disclose all relevant information regarding their financial situations, ensuring transparency and fairness in the proceedings.

Family Code §2102

Section §2102 outlines specific financial duties for divorcing couples. This includes providing full and accurate disclosures of all assets, debts, income, and expenses. Failing to meet these disclosure requirements can have serious legal consequences and impact the fairness of the settlement.

Talk to the Experts About Divorce Responsibilities

Navigating the complexities of fiduciary duties during divorce requires legal expertise and guidance. The Viola Law Firm P.C., with its wealth of experience in family law, stands ready to assist you in understanding and fulfilling your responsibilities during this challenging time. Seeking the counsel of a knowledgeable divorce attorney can provide invaluable support, ensuring that you meet all legal obligations and protecting your rights throughout the process.In conclusion, understanding and fulfilling your fiduciary duties are essential for a fair and equitable split. By adhering to the legal standards set forth in the California Family Code, you contribute to a transparent and cooperative settlement. If you find yourself facing divorce responsibilities, consider consulting the Viola Law Firm P.C. for expert guidance tailored to your unique situation.

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