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Law Offices of Benita Ventresca408-395-8822
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California divorce lawyer, California mediation attorneyThankfully, the United States and California have come a long way when it comes to marriage regulations. Now for most circumstances, no matter the makeup of your current romantic relationship, you are legally able to marry. The process is much the same as a marriage and provides the same benefits, which is why so many couples are choosing to make their relationship legally recognized through domestic partnership.

The Benefits

California state statutes say,

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Posted on in Family Law

California family law attorney, California divorce lawyerAnnulment, divorce, and legal separation all have one thing in common: the two parties within the marriage or domestic partnership are no longer together. As far as commonalities, the split is just about the only similarity these divisions share. In a legal separation, the two parties are divided but not free to marry someone else. In divorce, both sides become legally single while still recognizing the existence of the marriage. Annulment wipes the board clean and makes it as though the marriage never legally occurred.

Why Choose Divorce?

Divorce in California requires one side to declare they believe the marriage suffers from irreconcilable differences. Both parties do not have to agree, and if one wants to exit the union, the court will grant their wishes. However, despite the prevalence of divorce within the United States, some people feel a stigma still exists, leaving them to for another option. For either personal or religious reasons, many of these individuals choose to wipe the slate clean entirely.

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Posted on in Family Law

California divorce attorney, California mediation lawyerA rising number of couples are turning to in vitro fertilization for child conception. Many use this methodology to conceive after years of difficulty. Recent scientific studies show that IVF significantly increases the likelihood of conception. Meanwhile, other future parents choose this alternative as a way to preserve their ability for when they are more financially stable and able to care for their beloved child. However, a lot can happen between the egg retrieval and the time at which the eggs are utilized. Sometimes, couples need to go their separate ways through divorce litigation or mediation. Do these frozen embryos qualify for custody arrangements or property division?

Why Is This an Issue?

There currently is no legislation in California regarding the usage of embryos after a divorce. The downfall to this is that each court then must decide the outcome based simply on the facts of the case, without taking into consideration the emotional or physical needs of either individual. As an embryo is a fertilized egg, meaning it has DNA donated from each biological parent, and many fertility clinics require a contract from both sides before completion of the procedure. There is often a clause in this contract indicating what to do with the embryos in the event of a divorce. Unfortunately, we are not all born with the capabilities of seeing into the future, and at the point of signing, these two individuals are often so full of every other emotion, divorce is not the forefront option. Within many of these contracts, couples readily agree to destroy the embryos should a divorce occur.

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California mediation attorney, CaIifornia annulment lawyerAnnulment is a term many people have heard, but in legal practice annulments are rare. Still, if your marriage qualifies for an annulment, it could change many things about the dissolution of your marriage.

An annulment is granted when the parties wish to end their marriage, and a court determines that the marriage was never valid and never existed. A divorce is granted when the parties wish to end their marriage, and the marriage was validly entered into.

A marriage can always be annulled if there is incest or bigamy. Incest happens when spouses are close blood relatives. Bigamy is when a spouse is already married to someone else when he or she marries a second time.

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Posted on in Family Law

California divorce attorney, California family law attorneyDivorce can be extremely stressful. It can feel like the world has been removed from your shoulders once the divorce has been settled and a judgment has been filed. Everything is set, from the child support, to the alimony, and the visitation. Nevertheless, circumstances change with the passage of time.  Some of the orders you obtained in your judgment may no longer be appropriate to your family situation.  You may wish to proceed with post-judgment modifications to address these concerns.

What Can Be Altered

Although generally property division cannot be revisited post-judgment (except on statutorily-enumerated grounds), some of the orders contained in the judgment can be modified:

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