My advice would be to consider whether fair share is defined by a legal standard or defined by your own subjective expectation. What might be fair to you may not meet the legal standard of what is fair. As I have mentioned in both California and Nevada, the expectation of the court system will be to effect an equal division of community property.
And if clients can keep in mind that they’re entitled to no more or less than that, whatever their subjective standard of fairness may be, I think their expectations will more reasonably be met. But somebody who believes that what is fair is for the other spouse to have to give up a substantial portion of their right and entitlement under the law is not only going to be disappointed but is probably going to be facing conflict with their own attorney. They should be giving advice to their client to dispossess themselves of that unreasonable standard, or maybe with a client who doesn’t want to listen to admonitions of their attorney, resulting in substantial and unnecessary attorneys fees and costs.
Leslie Shaw practices family law in both California and Nevada, and has been involved in close to 1,000 family law matters largely involving litigation throughout his 40-year career. He is also a Certified Family Law Attorney, a status granted by the California Board of Legal Specialization. To learn more about Leslie and his practice, please visit www.ljslawoffice.com.