Stop Your Spouse’s Financial Abuse With A “Feldman Motion”

As if your Orange County divorce case is not stressful enough, you now have to deal with your spouse who insists on acting like a child. Sound familiar? If it does, then this article is for you and will teach you how Farzad Family Law’s years of knowledge, experience and aggressive representation in Orange County divorce and family law matters have helped its clients stop those out of control spouses in their tracks.

While there are several ways to deal with such spouses (or ex-spouses), the two most powerful tools are Family Code section 271 and something that Orange County divorce lawyers call “Feldman motions”.

The motion is named after a case called In Re Marriage of Feldman. The court in the Feldman case hit the husband with $250,000.00 in monetary sanctions and $150,000.00 on top of that for attorney’s fees because the husband failed to disclose certain assets and transactions he had entered into within his mandatory disclosure documents that every spouse must exchange in a divorce case.

The wife in that case, Elena, learned through the discovery process (depositions and written questions that require answers under oath) of her husband’s nondisclosure and filed her motion. The Court in Feldman held that the fiduciary duty obligations that the spouses owed to each other and the husband’s breach of it justified the sanctions and attorney’s fees award. This include the absolute duty to disclose to the other spouse all the material facts and information regarding the existence, characterization and valuation of assets in which the community has or may have an interest and debts for which the community may be liable. Once the Feldman Court found that nondisclosure had occurred, it didn’t need any further evidence of “injury” to Elena. The time and attorney’s fees that were expended justified the $390,000.00 punishment the Court handed out.

Family Code section 271 is another method by which a spouse who is cooperating through the divorce process can seek sanctions (punishment) against an uncooperating spouse. Family Code 271 is designed to punish a spouse when that spouse or that spouse’s attorney “frustrates the policy of the law to promote settlement of litigation and, where possible, to reduce the cost of litigation by encouraging cooperation between the parties and attorneys.” This kind of misconduct is common in family law but what is uncommon is a cooperative spouse’s lawyer actually filing the motion.

Farzad Family Law are intelligent, hard-working and aggressive Orange County divorce and family law attorneys. Put our experience to work for you and we will put a stop to your spouse’s gamesmanship and lack of cooperation.

We look forward to hearing from you. Call or email us and we will find solutions together.

Warmest Regards,

B. Robert Farzad
Orange County Divorce & Family Law Attorneys
1851 E. 1st Street, Suite 1150
Santa Ana, CA 92705
Telephone: (714) 937-1193
Facsimile: (714) 937-1192

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