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Posted on in Divorce

California divorce lawyerIf you are going through a divorce in the Santa Clara County and have signed a prenuptial agreement, you may wonder how it will affect your proceedings. In many cases, prenups simplify the divorce process, as these agreements dictate how property will be divided. Property division can be one of the most contentious aspects of divorces.

However, there are many requirements a prenup agreement must meet in order for the court to enforce it in full, as written and signed by the parties. If you seek to invalidate a prenup agreement, it is important to be aware of common mistakes that can be made. If you seek to enforce a prenup agreement, it is critical to identify weaknesses in the agreement and formulate a defense as to why the contract should be enforced.

In general, California follows the Uniform Premarital Agreement Act (UPAA), which is a set of recommended laws adopted individually, in whole or in part, by states across the country. Some of the requirements and prohibitions found in UPAA include:

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California divorce lawyerMany people seek a divorce because they are tired of fighting with their spouse. Once they begin the divorce process, which typically includes property division, child custody, and setting support, they see that many more fights may be in store.

Perhaps it is the case that the other spouse is taking a tense situation and adding fuel to the fire. These spouses are considered to be high-conflict, and it can feel like there is no way out but to put up a fight.

With the help of a skilled divorce attorney, you will be able to deal with difficult situations and minimize the fighting. Here are some tips on how to manage a high-conflict ex:

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California divorce lawyerTo get a divorce in California, only one spouse needs to request it. California is a no fault divorce state, meaning one spouse can file for divorce citing irreconcilable differences, and the divorce will be granted. While most states have a no fault divorce option, some states allow parties to cite a reason for the marriage dissolution, such as infidelity or cruelty.

Because California allows for marriages to end without spouses giving a specific reason and based on one spouse’s desires alone, it is possible to divorce someone who you cannot locate. California law recognizes that due to the nature of divorces, a spouse may not know where to find the other spouse. Thus, California has a statutory procedure for serving court papers, when the address of the opposing party is unknown.

Service of Process Procedure

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Caifornia divorce attorneyIf you have already decided that you will proceed with mediation for the numerous benefits it offers, you may be wondering what your next steps should be. There are several ways our clients prepare for their mediation sessions.

  1. Reflect on why you want to mediate.

When you are setting out to prepare for mediation, it is important to keep in mind why you want to mediate. Perhaps mediation was your spouse’s idea, and you are not so sure about the process.

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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:

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