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Law Offices of Benita Ventresca408-395-8822
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CA divorce attorneyWhen parents decide to end their marriage, they will likely put a great deal of thought into how their minor children will be affected. In addition to determining how the issues of child custody and visitation will be resolved during divorce, parents often work together to provide their children with emotional support and reassurance, helping them adjust to their new reality of splitting time between two separate households.

Parents of adult children who no longer live at home may not have as many legal issues to resolve during divorce, but they should still be aware of the impact that the end of their marriage will have on the members of their family. Adult children of divorce are often affected in the following ways:

  • Emotional reactions - Parents may believe that children who have established themselves as adults will be less affected by their divorce, but it is important to understand that they will still be likely to feel a great deal of anger and sadness, and they may need some time to adjust to their parents’ new situation.
  • Commitment issues - Children whose parents have divorced are often hesitant to enter new relationships, or they may remain in a bad relationship because they are afraid to repeat their parents’ mistakes.
  • Taking sides - Parents of minor children often work to keep kids from being involved in conflict, but parents of adult children may feel they can be more open about the reasons their marriage failed. This can cause children to feel like they need to choose one parent over the other, which can damage their relationship with both parents.
  • Acting as a confidant - Parents may feel that they can confide in their adult children and lean on them for support. However, a lack of clear boundaries can result in a great deal of stress and anxiety for children.
  • Concerns about the future - The instability that results from divorce will likely cause children to worry about their parents’ ability to financially support themselves, who will care for them as they get older, and how inheritance issues will be handled.

Contact a Los Gatos Divorce Lawyer

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CA divorce attorneyWhen you decide to get a divorce, the process of separating your life, your home, and your finances from your ex-spouse can become incredibly complicated. During this time, it is important to make the right decisions, especially when it comes to financial matters. Here are some mistakes divorcing couples often make that can negatively impact their finances in the future:

  • Not checking your credit report - During divorce, it is important to get a complete picture your assets and debts and any accounts that are in your name. Obtaining a copy of your credit report will allow you to identify any sole or joint bank accounts and credit cards, as well as any other outstanding debts, and it will help you establish credit in your own name that you can use after your divorce has been finalized. You may also want to consider using an identity theft protection service such as LifeLock to ensure that your ex-spouse does not open any accounts or make any purchases in your name.
  • Not accounting for joint accounts - During divorce, any joint bank accounts should be closed, and their balances should be divided between you and your spouse. If possible, you should try to pay off any joint credit card debt, since both spouses will be liable for this debt, even after divorce.
  • Failing to consider taxes - Be sure you fully understand how the decisions you make during divorce will affect the taxes you pay, including your filing status, dependent tax credits, property taxes, and capital gains taxes. You should also be aware that while spousal support (alimony) is currently tax deductible for the payor and taxable for the recipient, it will be non-deductible for the payor and non-taxable for the recipient for divorces finalized after December 31, 2018.
  • Not understanding retirement accounts - Retirement funds such as 401(k) or IRA accounts that were created during a marriage are considered community property, even if they are in the name of one spouse. When dividing these funds during divorce, spouses should use a Qualified Domestic Relations Order (QDRO) to avoid any penalties or taxes.
  • Not following a budget - While you may have become accustomed to a certain standard of living during your marriage, you may not be able to maintain these same standards on a single income. Be sure to create a budget that fully accounts for your income and expenses and allows you to maintain financial stability following your divorce.

Contact a Los Gatos, CA Divorce Attorney

Divorce can lead to financial difficulty for everyone involved, but with the proper planning, you can prepare to successfully move on to the next stage of your life. At the Law Offices of Benita Ventresca, we can answer your questions about divorce, ensure that community property is divided correctly, and help you complete your divorce as efficiently and effectively as possible. Contact a Los Gatos divorce lawyer at 408-395-8822 to schedule your free initial consultation.

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California family lawyerToday’s world is more connected than ever, and the internet provides us with the ability to communicate with others no matter where we go or what we do. For many, social media is an essential part of their everyday existence, giving them the opportunity to share their lives with friends, family, and even total strangers.

People who are going through a divorce may be tempted to post details about their situation on social media, whether they are asking others for advice, informing friends and family members about changes to their lives, or simply venting their emotions. However, it is important to understand that there may be legal consequences to doing so. Here are some ways social media can have an impact on a divorce case:

  • Negativity and over-sharing - Complaining about your ex, discussing the reasons your marriage has failed or laying blame for your divorce are all natural impulses, but angry social media posts can be taken out of context and used against you. In some cases, they could even be considered harassment, and they could affect the decisions made in divorce court.
  • Financial information - Even if you do not discuss your income, the information you share could affect financial matters related to your divorce. Posting photos of an expensive item you have purchased or discussing a lavish vacation could impact the decisions regarding the division of property. Mentioning income earned from a side job could affect the child support or spousal support you pay or receive.
  • Child custody - While you may feel that what you do on your own time should have no bearing on your relationship with your children, a judge may feel otherwise. Pictures of parties, nights out on the town, alcohol consumption, or other activities that could be seen as morally questionable could be used to call your judgment and parenting ability into question during child custody disputes.
  • Privacy and permanence - Anything you post online could eventually become a factor in your divorce proceedings. Even if you think a message is private, it could make its way to your ex (and their attorney). A post that has been deleted may still be accessible for people who know where to look. Never post or share anything that you would not want to have to defend in court.

Ultimately, it may be best to avoid using social media altogether during your divorce, but at a minimum, you should avoid discussing the divorce or sharing details about your life that may come into play during divorce proceedings.

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Posted on in Divorce

California family lawyerMost people hear the word “prenup” and automatically assume the worst - that the marriage is destined to fail because one or both of the spouses do not trust each other. However, one of the best reasons to get a prenuptial agreement is not to protect your assets from the other spouse in the case of a divorce, but to protect the other spouse from your mounting debt. To find out more, do not hesitate to reach out to a San Jose prenuptial agreement attorney for answers today.

Debt Is a Growing Problem in America

There are many good reasons to consider a prenuptial contract. For one, it offers peace of mind (for the spouses and their family members) when one spouse is much wealthier than the other. Similarly, if you expect a future inheritance, a prenuptial agreement may be wise. Additionally, it may be a good idea to consider a prenuptial agreement if you are entering a second marriage but want to make sure that your children from your first marriage are left with your property if you pass away. But what about protecting the other spouse from your own financial woes?

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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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