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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

Posted on in Divorce

California divorce judge, California divorce attorneyIf you choose to proceed with court litigation in your divorce matter, the judge assigned to your case will make the decisions pertaining to your divorce matter. While it is true that judges do not have the sentimental connection to the items in question, there is still a responsibility to make the wisest decision possible given the information at hand. Let us discuss what some of the elements are that are used in a divorce decision-making process.

Child Custody and Visitation

First and foremost, a judge will determine what is in the best interest of the child. The default solution for “best interest” is often joint legal custody, meaning that both parents must still make the legal decisions together. It is most commonly in the best interest to have involvement from both parents, so they will also generally lean towards joint physical custody. Some of the reasons that a judge may choose to do sole custody are:

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California divorce lawyer, California family law attorneyAlthough you may have decided that the marriage is over and divorce is the best option, your spouse wants to keep trying to make the marriage work.  How do you divorce if your spouse does not agree?

California Law

First, California is considered to be a “no fault” divorce state. What this means is that neither side has to prove that the other side did anything wrong. “Irreconcilable differences” is one of the two legal grounds for divorce in California. The only other ground for divorce in California is incurable insanity. “Irreconcilable differences” means that the two sides simply cannot get along.

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California divorce laws, California divorce attorneyIn California, all property that was obtained during a marriage is known as “community property.” During a dissolution of marriage, also known as divorce, this property must be divided equally between the two parties. However, there is another aspect of property that must be taken into consideration. This is known as “separate property.” What is this and must it also be disclosed during dissolution proceedings? Let us explore the realm of separate property and asset division.

What Is Separate Property?

First, let us discuss how property is actually defined. Property in and of itself is anything that can be bought and sold, such as a house, car or boat. It can also be anything of value. For instance:

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Posted on in Divorce

California divorce attorney, California family law attorneyDivorce is typically a stressful experience. Anxiety can build from the finality of the marriage, the financial situation, and any number of additional factors. One stress factor that may be alleviated with more information is what to expect inside of the courtroom. For many, the fear of the unknown is one of their biggest sources of anxiety. While they may differ slightly, courtrooms generally have many similarities.

Courthouse Security

Courthouses are government buildings. Therefore, most courthouses have security measures, like a metal detector that you will walk through to announce any prohibited weapons. You will need to remove anything from your person that contains metal before going through, including:

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California divorce attorney, California family law attorneyAmericans hear it from everywhere: half of all marriages end in divorce. It is recited by the media, pop culture, and even expert analysts. There is, however, emerging evidence that suggests the divorce rate may not be quite as high as Americans are told. In fact, a 2014 publication from The New York Times reported that divorce rates are actually on the decline. And, more recently, an analyst determined that the rate of divorce varies based on a number of factors, including education level, ethnicity, and gender.

Why the Myth Exists

According to the analyst, the myth that half of all marriages end in divorce stems from bad math. He explained that most analysts divide the number of divorces of any given year by the number of marriages for that year. If, however, it was taken into account that the people who married that same year are not actually the same people who divorced that year, the numbers would come out quite differently. And, if the data is examined over a longer period of time, those numbers change even more. The New York Times article from 2014 estimated that about a third of all marriages end in divorce; the analyst says the data is even more complex.

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Los Gatos, CA 95030

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