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Substantive Rights and Liabilities in a Divorce:
A schematic diagram of the substantive rights and liabilities with regard to a divorce are reflected on Exhibit "C" attached hereto. More specifically, those assets acquired by you prior to your marriage are usually confirmed to you as your sole and separate property, free and clear of any interest of your spouse. So also are those assets you acquire after the date of separation.
Those assets accumulated by you during the course of the marriage are generally characterized as community property. Community property assets are normally divided equally between the husband and the wife.
There are certain exceptions as follows:
- Gifts;
- Inheritances; and,
- Personal injury awards.
There are considerable exceptions and refinements to the general parameters as set forth above which we will be reviewing in this case for the purpose of characterizing and dividing assets.
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