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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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California family lawyerIf you have children and are newly divorced, in the process of divorce, or seriously contemplating divorce, the issue of child custody is surely on your mind. You may be anxiously anticipating a contentious court battle, for example. The truth is, however, is that the kind of hostile courtroom scenarios depicted in television and film are not representative of the vast majority of dispute resolution.

Divorce is common and in many cases mutual and free from larger-than-life rancor and, when children are involved, with ex-spouses working together to share custody. Such sharing, in legal terms, is known as “joint custody.” An experienced Sunnyvale family law attorney can help determine whether joint custody is best for you and your children.

Joint Custody Is Conditional on Certain Minimum Criteria

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California divorce lawyerThe divorce rate is so high and the cost of divorce litigation so expensive that there is in both California and the broader United States a divorce economy. Specifically, the divorce rate in California is a whopping 60 percent – twenty percent higher than the national average. The cost of divorce litigation is, at the low end, $40,000 per spouse.

In Orange County, 371 miles south of Los Gatos, attorney’s fees alone for 31 recent divorce filing ran on averaged an astonishing $150,000 per spouse. Not only that, but for each child custody evaluation flowing from the filings, California taxpayers picked up a $10,000 bill. If you are in the process of divorce or merely contemplating divorce and your head is now reeling from the potential financial toll, know that mediation is an alternative to divorce that has helped many Californians save both money and stress. With the help of an experienced Cupertino/Los Gatos divorce and mediation attorney, you can work to avoid costly litigation.

The Road to Trial Is Long and Costly

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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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Law Offices of Benita Ventresca

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

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