Marriage dissolution matter (party names not provided for privacy reasons)

Jun 07, 2016

OUTCOME: Wife prevailed

B. Robert Farzad of Farzad Family Law represented wife in a dissolution of marriage. Husband was also represented by an attorney. This was a long term marriage. The parties owned a home, vehicles ( ... including collector cars) and other assets including over $100,000 of personal property and antiques. Husband claimed wife breached her fiduciary duties by hiding money throughout the marriage and not disclosing it. Husband also claimed he had significant separate property claims. Husband also sought a large amount of spousal support. Wife claimed she did not hide or take money and it was husband who breached his fiduciary duties to her. Wife also claimed she should not have to pay any support to husband and husband did not have evidence to support his alleged separate property claims. The matter proceeded to a 6 day divorce trial. Wife prevailed on all of the issues. Husband's separate property claims were denied in their entirety. The court found wife did not breach any fiduciary duties but husband did breach his fiduciary duties. The court monetarily sanctioned husband $25,000 in attorney's fees. The court found husband's lack of cooperation and unreasonableness required the appointment of a receiver to sell the home and vehicles. Ultimately, they were all sold. However, due to husband's continued unreasonableness after the divorce trial ended, the court monetarily sanctioned him further and wife received a much higher share of the house and vehicle proceeds than husband. The court ordered a very small amount of monthly spousal support by wife to husband. This case was a good example of what persistent and effective legal representation can do on behalf of a party who follows court orders, is reasonable, cooperative and is also willing to take a matter to trial when necessary.