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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

Law Offices of Benita Ventresca

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California mediation attorney, California divorce lawyerDivorce mediation is an opportunity for you and your spouse to meet with a neutral third-party to assist in reaching an agreement with an issue regarding divorce arrangements. Mediation is an excellent opportunity as a divorce alternative with many unique benefits not available through traditional divorce litigation. However, in the complexity of the divorce environment, there are different methodologies to complete the same outcome (a divorce). Divorce mediation can originate through court mandated orders or through privately seeking legal counsel.

Private Mediation

Did you know that it is possible to divorce amicably? Rather than opting to go to court, which has the proclivity to become more like a battle ring, many couples now choose to seek other forms of divorce. One such option is divorce mediation. If requested on your fruition, this option avoids ever stepping foot into a courtroom, where, not only do you do not have any input on the outcome of the proceeding but the findings are available for everyone to search. Other benefits of privately seeking a mediator include:

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California custody attorney, California family law attorneyAccording to CDC, an estimated 6.7 million couples have difficulty conceiving a child due to a wide variety of factors. After years of failed attempts, many turn to alternative solutions to complete their family. One avenue increasing in popularity is surrogacy. Through this method, a woman carries the child of another individual or couple until birth, then gives the child to the parents. A maternal bond develops naturally during the nine month gestation period which can create complications after delivery. Occasionally, the original arrangement no longer suits the surrogate mother and a custody dispute ensues.

Forms of Surrogacy

There are several different forms of surrogacy that a couple can choose, usually depending on the issue hindering their ability to conceive naturally. Two of these options stand out among the rest. The two most popularly utilized are:

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Posted on in Paternity

California paternity attorney, California family law attorneyOnce a child opens its eyes into the world, the child immediately needs the love and protection of someone who cares. The mother is typically evident, but paternity needs to be established through stipulation and order or order of the court. There are many scenarios requiring paternity laws.

Presumed Parentage

If a marriage or a domestic partnership exists at the time of birth, parentage is presumed, meaning the husband is the biological father, and the mother is the biological mother. Unless proven otherwise by the court, paternity is presumed in the following circumstances:

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b2ap3_thumbnail_property-division_20170314-152211_1.jpgCalifornia is one of the many no-fault divorce states, meaning that no grounds for divorce are required to exist other than one party believing the marriage is beyond repair. Fault states are no longer common and the ones that still require grounds for a divorce require the couple to prove that a spouse did something wrong. In these situations, the faulty party suffered during litigation, especially with property division and custody concerns. Which of the divorcing parties is to blame no longer plagues courts in no-fault divorce states.

How does the court divide the community property?

If fault does not exist, how does one side “win” a divorce litigation case? In states such as California, there is no clear “winner” or “loser”. Even if evidence of adultery or abandonment are brought to the attention of the court, legally this evidence is irrelevant to the case and is not typically considered in the division of community property. A judge determines what is “fair and equitable” by considering all of the debts and assets within the community property, the property attained during the tenure of the marriage. What community property assets and debts is the question. The community property and debts are equally divided between the parties.

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Posted on in Divorce

California mediation lawyer, California divorce attorneyIt is no secret that the cost of divorce is not cheap. When you and your ex both need to set up separate living arrangements, complete with full pantries and furniture, it is strategic to cut costs where possible. Many protocols during divorce are optional and are the most useful during complicated separations. These extraneous measures are not always necessary for straightforward cases where both parties are amicable and willing to negotiate. If you are interested in reducing the financial burden of your divorce, we have a few helpful tips to consider.

Discuss Billing with Your Attorney

Explain your financial concerns with your divorce lawyer. Ask questions about billing arrangements. The majority of lawyers rely on an hourly charging schedule. Collect your thoughts and write down your questions before making communication if this is your agreement.

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Law Offices of Benita Ventresca

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

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408-395-8822
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