Blog
Call for a free initial consultation
Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation
Recent blog posts

California divorce attorney, California family law attorneyLife is always changing. Sometimes it takes unexpected turns that have profound and lasting consequences. Without the ability to foresee the future, it is impossible to plan every aspect of life completely. Two such instances are divorce and bankruptcy. California is very understanding when it comes to divorce and aims to ensure that both parties separate with equal financial footing, many times requiring the payment of spousal support or alimony. A bankruptcy filing can substantially alter maintenance requirements during divorce litigation or divorce mediation proceedings, many times requiring post-judgement modifications.

What Do These Terms Mean?

If a person is in bankruptcy status, the courts relieve them of paying these debts. During a divorce, bankruptcy may make it tough to make the necessary alimony payments. Many in this situation do attempt to use this status as a tool to avoid the fees. To see where there could be a dilemma, it is best to understand what each means.

...

California custody attorney, California family law attorneyFamilies come in all shapes and sizes. With 40 to 50 percent of all marriages divorcing and an increasing remarriage rate, we see an unprecedented evolution in the traditional family home. No longer is the image of one mother, one father, and two children the normal makeup of the average family. Now, children are loved and cared for not only by their biological parents, but their new parents also love them with such fervor, it resembles that of an actual biological tie. With this changing family dynamic, we are witnessing legal cases redefine the child custody lines. With laws such as the “Third Parent Law,” what is the best interest of the children is entirely achievable through the avenues of mediation or litigation.

Is Three a Crowd?

Although it is common to find most children with one mother and one father, or two mothers, or two fathers, three is gaining popularity. The ability to have three parents was made possible by the plight of one family when all three demonstrated fitness as parents. Therefore, California Legislature determined “most children have two parents, but in rare cases, children have more than two people who are that child’s parent in every way. Separating a child from a parent has a devastating psychological and emotional impact on the child, and courts must have the power to protect children from this harm.” With this passage, not only may a child have three parents, they may have more if it is in the child’s best interest.

...

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.

...

Posted on in Mediation

California mediation attorney, California divorce lawyerWhen a couple determines divorce is necessary, often the idea of a long and drawn-out divorce litigation trial immediately comes to mind. Although a significant portion of the population turns to this divorce option quickly, most of the time this is because they are unaware of the other options available. In California, it seems everyone is looking to find a way to make divorce not only more affordable but also less traumatic. One such option is known as divorce mediation.

Alternative Methods to Divorce

There are multiple methods available for divorce options; each is a bit different from the last, but all have the same outcome: divorce. With these options, it is likely you will find an option that best suits your end goals. These methods are:

...

California divorce attorney, California family law attorneyMarriage is as much a legal contract as it is a romantic union. Together, you make a sacred vow that is intended to last a lifetime. In many marriages, sexual exclusivity is a significant portion of that agreement. One partner choosing to stray beyond the boundaries of the union jeopardizes the deal. In other legal controversies, a breach of contract may result in restitution. In the realm of divorce and family law, does infidelity mean that the victim in the situation is owed damages through the form of spousal support?

Even Ground

California understands that not everyone will agree on everything, which is why lawmakers made divorce possible even if one side refuses to let go of the marriage. The state is also a “no-fault” state, which means that you do not need to have a reason other than irreconcilable differences with your spouse to leave. Based on this arrangement, everyone is equal regardless of any perceived transgressions, including cheating. Therefore, if taken to court for alimony payments, the judge will not take behavior into consideration. Factors that do influence the awarded permanent spousal support are:

...
Google Map Marker

Law Offices of Benita Ventresca

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

Phone Icon

Call us for a free initial consultation

408-395-8822
FBK TWT GGP YTB

Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

FREEVALETPARKING

Back to Top