Blog
Call for a free initial consultation
Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation

Law Offices of Benita Ventresca

Law Offices of Benita Ventresca has not set their biography yet

California divorce lawyer, California mediation attorneyDivorce and separations can be a high stress process between two individuals. If you add in a child, the level of stress becomes astronomical. Not only are you busy deciding who gets what as far as investment and finances, now you are tasked with determining your rights to the children with regard to visitation and custody.. The thought of deciding visitation is so overwhelming and incapacitating that many couples simply choose to stay together until the child becomes an adult at 18. However, there are thousands more who go forward and make the decision to establish child custody visitation rights. How do they make that decision?

Types of Custody

Before deciding who has visitation rights and what those rights are, parents must first decide who will have custody of the child. There are two different types of custody, these are legal and physical custody. Let us explain in further detail.

...

California divorce lawyer, California mediation lawyerJust because your marriage is coming to a close does not mean that your soon-to-be ex-spouse is out of your life forever. On the contrary, in fact, especially if you have children. More and more splitting couples are discovering that divorce is not the end of the conversation. Regardless of communication practices during the union, divorce discussions are harder. You will want to remember that during a divorce that effective communication skills can make the process easier and help you effectively get the arrangements that you want and need out of the agreement. These are a few tips that help clients in tough divorce situations and make divorce mediation a viable option.

Tip #1: Set Guidelines and Boundaries for Discussion.

As the adage says, “familiarity breeds contempt.” No matter how long the marriage lasted, there are likely to be some issues that were left unsaid. Familiarity during a divorce can lead to crossing boundaries, which is often destructive to the conversation. These are a few common scenarios:

...

California mediation lawyer, California divorce attorneyPerhaps you are in the middle of divorce conversations. Maybe you were just served divorce papers out of the blue when you thought everything in your marriage was normal. Maybe you finally have had enough and are ready to call it quits but have not dropped that bomb on your significant other. In any of these situations, it is very likely that you have questions and are out exploring information. Even if you have gone through a divorce before, the culture and the divorce experience itself have changed and become something of a healing process. Yes, the marriage is over, but the split does not have to be emotionally scarring. Many couples that choose divorce are opting to go with the “friendly” divorce option, known as divorce mediation.

What Is Divorce Mediation?

Divorce mediation is a divorce option where, instead of going in front of a judge to have them iron out the details of your divorce, you and your spouse, together with your mediator, sit down in a room together and decide what works best for you and your situation.

...

Posted on in Mediation

California divorce lawyer, California family law attorneyDuring a divorce, it seems like the world collapses. Due to rampant negative feelings, each party becomes defensive and the “blame game” begins. If everyone remains too busy “protecting their assets” no one wins. Many couples must go before a judge to sort out the divorce details. The disadvantage with this methodology is that neither party has control over the outcome. A judge has a set of guidelines by which to adhere to divide your assets, your children, and in essence, your lives. An alternative solution that is increasing in popularity is divorce mediation.

Your’s Does Not Have to Be a Nightmare

Your divorce need not be the unpleasant experience many envision. The negative imagery remains fueled on by personal anecdotes from family members, friends, or co-workers. Remember that no two people are the same, therefore no marriage is the same, and by that measurement, no divorce is the same. Relationships are complicated and personal, and no one can accurately assess them but you and your spouse. Negotiation is possible if you would like to have a friendly divorce.

...

Posted on in Property Division

California divorce lawyer, California family law attorneyDuring a divorce, everything that constitutes a marriage must split into two separate lives. While this is a natural process for some couples and even for select assets, for others, the disunion is much more complicated. Occasionally, the bond that ties the two may not ever be entirely separated, such as those with children. In other scenarios, the large assets of property division are where contentions arise. The most common question asked by couples struggling with the last scenario pertains directly to the most significant investment many couples make: who gets to keep the house?

What Is the Purchase Date of the Home?

Believe it or not, the purchase date, or closing date, of a home, can make a large difference as to who gets to keep the home. Consider that California is a community property state, meaning all items purchased and investments made during the marital union all belong to both parties equally as “community property.” Anything owned before the marriage began, after filing the divorce papers, or any items earned outside of the marriage, all are “separate property.” Separate property stays with the owner after the finalization of the divorce. However, this is not a certainty as other factors may play a factor, such as mortgage payments, improvements, and maintenance. Occasionally, a separate property home becomes community property with the right investments.

...
Google Map Marker

Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

Phone Icon

Call us for a free initial consultation

408-395-8822
FBK TWT GGP YTB

Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

FREEVALETPARKING

Back to Top