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California divorce attorneyLove and loyalty are not the only considerations made by couples considering divorce. Beyond issues of emotional, physical, and spiritual well-being, there is the question of wealth. Specifically, how are assets divided when spouses divorce in the state of California?

The answers to this question are complex and bear heavily on related matters of child support, spousal support, and the ownership of real property and personal property. Governing all such inquiries is California’s status as a “community property” state in matters of divorce. An experienced Cupertino divorce attorney will understand precisely how California’s community property laws will apply to the division of assets and liabilities in the event of a marriage’s dissolution.

The Marital Economic Community Is Relevant to a California Divorce

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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 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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Law Offices of Benita Ventresca

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

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408-395-8822
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Conveniently located in downtown los gatos and
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