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California divorce attorneyA misconception exists that the mere mention of a prenuptial agreement will somehow derail the harmony and happiness of one’s engagement period. The world has changed, however – drastically so. Even twenty years ago, Internet dating was regarded as inauthentic and inferior to meeting “naturally” in a coffee shop, grocery store, or student union. In 2017, we embrace information.

Modern couples can share information about their financial past, present, and future – putting everything in plain sight – and then working a with an experienced Los Gatos, SaratogaCupertino prenuptial agreement attorney to create and give legal effect to a premarital agreement that makes clear the intentions of each party.

When a Significant Wealth Disparity Exists, a Premarital Agreement May Be Wise

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California divorce lawyerWith Thanksgiving recently passing and the December holidays just around the corner, child custody and visitation issues may arise, especially if you, your ex-spouse or partner, and children will be celebrating separately for the first time. When these issues surface, it is imperative to clearly establish parenting time (sometimes termed “visitation”) through a formal plan.

When parents and children understand and can anticipate how and when parenting time is to occur, the stress and conflict associated with change and new arrangements will diminish rather than escalate. In meeting your child custody and parenting time needs, work together with an experienced Cupertino family law attorney.

A Parenting Plan Is a Custody and Visitation Agreement Between Parents

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California family lawyerIf you have children and are newly divorced, in the process of divorce, or seriously contemplating divorce, the issue of child custody is surely on your mind. You may be anxiously anticipating a contentious court battle, for example. The truth is, however, is that the kind of hostile courtroom scenarios depicted in television and film are not representative of the vast majority of dispute resolution.

Divorce is common and in many cases mutual and free from larger-than-life rancor and, when children are involved, with ex-spouses working together to share custody. Such sharing, in legal terms, is known as “joint custody.” An experienced Sunnyvale family law attorney can help determine whether joint custody is best for you and your children.

Joint Custody Is Conditional on Certain Minimum Criteria

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California divorce lawyerThe divorce rate is so high and the cost of divorce litigation so expensive that there is in both California and the broader United States a divorce economy. Specifically, the divorce rate in California is a whopping 60 percent – twenty percent higher than the national average. The cost of divorce litigation is, at the low end, $40,000 per spouse.

In Orange County, 371 miles south of Los Gatos, attorney’s fees alone for 31 recent divorce filing ran on averaged an astonishing $150,000 per spouse. Not only that, but for each child custody evaluation flowing from the filings, California taxpayers picked up a $10,000 bill. If you are in the process of divorce or merely contemplating divorce and your head is now reeling from the potential financial toll, know that mediation is an alternative to divorce that has helped many Californians save both money and stress. With the help of an experienced Cupertino/Los Gatos divorce and mediation attorney, you can work to avoid costly litigation.

The Road to Trial Is Long and Costly

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California divorce lawyerIn many cases of divorce in California, it is possible for divorcing spouses to avoid litigation and retain control over decision-making with regard to the division of marital property and establishing of parenting time with children. In some instances, however, it is not possible to reach a fair and mutually agreeable resolution, whether because of anger, resentment, greed, or other conflict-escalating emotions.

In high-asset divorces, particularly, there may disagreements over the division of marital property. In a California divorce, division must abide by the state’s community property law, which determines what constitutes the “marital economic community” in a marriage. If your soon-to-be ex-spouse is arguing for unfair division of marital property, claiming as separate property what is, in fact, the community property of the marriage, turn to an experienced Sunnyvale divorce attorney.

California Is One of Nine Community Property Law States

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