Family Lawyers And The Economic Disclosure Of Property Interests

By Author: David D. Stein
Total Articles: 16
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At a recent seminar in San Francisco on the latest developments in Family Law for Family Law Attorneys it was very interesting to see how many appellate cases focus on “property”. Property characterized as separate or community, property valuation and the disclosure of property.

The assembled Family Law attorneys in San Francisco that day took advantage of the opportunity to share their private experiences and Family Law practice procedures.

When questioned they candidly admitted that the issues surrounding “disclosure” of property, or more accurately, the failure to disclose property interests is a relatively rare occurrence.

The stated experience of most San Francisco Family Law attorneys that day is that most husbands and wives are well aware of how much each earns, where the savings accounts reside and any imminent windfall. Occasionally, one spouse may not be aware that the other has a stock option plan, or other work benefit that doesn’t immediately translate to cash, but far and away, most couples have a good grasp of the household resources.

They also stated that where there ...
... is low conflict and a reservoir of good faith between the parties, there is little reason to engage in formal “discovery” to ascertain the family estate. Formal discovery is where one party’s attorney serves on the other party’s attorney a demand for answers to interrogatories, production of documents, inspection of property or attendance at a deposition where the party will be interrogated and obliged to answer questions under oath while a court reporter makes a record of everything being said.

However, and this is a big however, many of those San Francisco Family Law attorneys confided that just because there is little reason to engage in discovery, they still felt that they had to do so. In their minds painstaking discovery, although very expensive to both the propounding and responding parties, is necessary to their duty to perform due diligence.

You cannot really fault these San Francisco Family Law attorneys and no part of the greater California Family Law Bar is much different. This is how they are trained, this is the standard to which they are held.

Wouldn’t it be better if parties who wish to divorce, who still trust each other and are willing to deal with one another in good faith, could just agree that they will fully disclose everything and do it without spending tens of thousands of dollars?

The answer is that such a way does exist!

In Mediation the parties promise and agree to disclose all property, and all facts concerning their dissolution to one another. The exchanged promises are signed under oath, under penalty of perjury, and are absolutely binding on those making the promise. If either party were to breach such a promise, the exact same remedies are available as if the matter was being litigated.

Disclosure done in a voluntary manner such as this is much less expensive, less time consuming, less polarizing or personally offensive, and equally reliable. It is only the rare case, with obstreperous litigants and complex marital estates where the archaic practice of formal discovery should be undertaking in a Family Law matter.

David D. Stein has been an attorney for over 20 years and is the founder of Liaise® Divorce Solutions. [www.LiaiseDivorce.com] He is a trained mediator, dispute resolution specialist, Divorce lawyer/mediator and lecturer on non-violent conflict management techniques and tools.