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The Devil is in the Details – Mistakes in Dividing Marital Property

Kid Dressing like Devil

Clients often come into my office saying that they have “worked everything out” with their ex- or soon to be ex-spouse. Naturally, since everything is “worked out”, they hope (even expect) that their legal fees will be less. Some leave my office offended that I require what they consider to be an inappropriately large retainer. These clients do not understand that the devil is in the details, and may make expensive mistakes in dividing marital property.

As an example, consider the husband who has agreed to give his wife his interest in the family home if she will agree to pay the mortgage. In return, he will get to keep his 401K. What this client does not realize is that the bank holding the note and mortgage does not care what his arrangement is with his wife. If she fails to pay the note, the bank will sue her AND him. He can cross-claim against her for breach of their contract since she has failed to live up to her side of the bargain, but will he have the money to fund that cross-claim and will she have the money to pay if he gets a judgment against her?

There may be ways to avoid these types of unintended consequences of having everything “worked out”, but the chances are excellent that you will need a lawyer to help you. Don’t be penny wise and pound foolish. For more common sense advice about divorce in Baton Rouge, download our free Ebook.

What Our Clients Say
I highly recommend Louis
I hired Louis to represent me in my custody battle. From the start he was upfront and honest with me, if he said he was going to do something he did it and he never attempted to settle for anything less than what I was asking. He was not afraid to go head to head with opposing counsel which is what we ended up having to do. Thanks to Louis and his experience and knowledge of family law we won our case. I highly recommend Louis and will always use him for my future family Court needs.
Brilliant Mind and Excellent Communication
I had no idea how to even look for an attorney when I found myself needing one. Mr. Cosenza is the best attorney I have encountered, and I took a lot of time finding one. He is brilliant in matters of the law. He approached my case from every angle. I am so thankful he was my attorney. I started out knowing absolutely nothing about court related matters. He answered even my smallest questions and guided me through to understand what was best for me and my children. He was excellent in communication with quick replies. He will have all of my recommendations.
Attorney Cosenza at his craft
My journey with Mr. Cosenza began nearly 3 years ago when I contacted him about divorce proceedings. During our initial consultation he told me exactly what to expect and we discussed cost, which I thought reasonable. After retaining him as my attorney and finalizing my divorce, things became fairly intense during the negotiation of the property settlement; yet he was relentless and tenacious. In the end, we prevailed victorious and everything came together perfectly. Attorney Cosenza always responded in a timely manner to my many calls, emails and texts. He gave clear, detailed, rational explanations of what I could expect. His work on my case has been life changing, in the best way possible. I am forever in his debt.
He does his very best
Working with Louis Cosenza truly helped to make my very difficult emotional and legal situation feel much more comfortable as I knew his experience and expertise was there to support and guide me. He knows the law and he does his very best to use that knowledge to represent his clients in and out of the courtroom.
Hands down the best experience I’ve had with a lawyer
I would like to start by saying I am from TX and my ex wife tried to file a judgment in LA. I contacted a number of lawyers that explained to me that this maybe a process that they could look into. I spoke with Mr. Cosenza with his 30 plus year of experience and he assured me this was not going to be a issue. He was very informative on the proceedings that where going to take place. He couldn’t have called it any better. There wasn’t even a need for me to travel to show in court. It is definitely worth a little extra to hire one of the best. I hope I hope won’t be needing his help again but if I do need another lawyer in LA. I won’t hesitate to contact him and he will be my lawyer again.