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Los Gatos divorce litigation lawyer

When a child suffers from physical, verbal, emotional, or sexual abuse, these actions can impact them mentally and emotionally for the rest of their life. Because of this, child abuse accusations are taken extremely seriously in the state of California. While all child abuse accusations should be heard and respected, there are times when these claims are false. There are a number of reasons why a person may fabricate an allegation, including cases in which a spouse attempts to secure child custody rights during a contentious divorce case. If you have been accused of child abuse, you should speak to a skilled legal professional as soon as possible. 

Child Abuse Accusations in California

In the state of California, there is a thorough process through which accusations of child abuse are analyzed. Under the Child Abuse and Neglect Reporting Act (CANRA), an allegation of abuse can come from several parties, such as a child’s teacher or coach. Once an accusation is made, it will be investigated by a social worker. The social worker will determine whether or not the case is unfounded, inconclusive, or substantiated. In the event that the case is deemed substantiated, meaning that the investigator believes the abuse accusations are more likely than not to be true, the case will be turned over to the California State Department of Justice. The Department of Justice will add information from the case to the Child Abuse Central Index (CACI). After the case is added to the CACI, the alleged abuser will be notified that their information has been cataloged. 

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Los Gatos divorce litigation lawyerOf the thousands of divorces that take place each year throughout the United States, many of them are entirely amicable. However, it is not uncommon for the divorce process to become hostile. Your marriage may be ending because one spouse acted in a dishonest or disloyal manner, or there may be a number of contested issues that must be resolved before your divorce can be finalized. In these cases, it is important to know how to react if your former spouse becomes hostile. Following the tips below could help you avoid costly mistakes during the divorce process. 

What You Can Do During a Contentious Divorce 

The decisions made during divorce will affect your life for years to come. If your ex-spouse is hostile, reaching an agreement on the various issues that must be addressed can be difficult. To ensure that you are able to reach a positive resolution, you should take the following steps: 

  • Hire an Experienced Attorney: When choosing a divorce attorney, you will want to make sure to work with a person who has experience addressing complex divorce issues, and you need to be able to trust your lawyer to represent your best interests. If your former spouse is aggressive or hostile regarding divorce issues such as the division of community property or the custody of your children, you may need to resolve these issues in court. In these cases, it is important to work with an attorney who is experienced in successfully litigating divorce cases. 

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Los Gatos, CA family law attorney for prenuptial agreements

Every year, thousands of Americans choose to pursue a divorce. The decision to separate can be difficult, and the process of resolving disputes through litigation or mediation can be very stressful. However, if a couple makes the decision to sign a prenuptial agreement prior to getting married, the anxiety and pressure of a divorce can be significantly lessened. There are multiple benefits of a prenuptial agreement.  If you are getting married, you should consult with a skilled family law attorney to determine whether a prenuptial agreement is the right option for you.

How a Prenuptial Agreement  Can Help

A prenuptial agreement is an agreement between you and your prospective spouse made prior to marriage that will define how certain issues will be resolved if the marriage ends, including through divorce or legal separation. Most notably, a prenuptial agreement may outline the division of property and make decisions about spousal support if you ultimately decide to divorce. Here are just a few ways that a prenuptial agreement could benefit you in the long run:

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Los Gatos divorce mediation attorney

Every year, thousands of American couples make the challenging decision to pursue a divorce. While most couples view divorce as a complicated process that will likely have to be resolved in court, other methods of resolving divorce-related conflicts are continually growing in popularity. Divorce mediation is an alternative dispute resolution strategy in which the two parties work together with a professional mediator to reach a divorce settlement. Mediation can be used to address issues such as child custody, property division, and spousal support payments. While mediation can be the most optimal strategy for resolving the outstanding issues in your divorce, mistakes can be made during the mediation process. Here are a few ways you can ensure that your mediation goes as smoothly as possible:

  • Find the Right Mediator: Mediation can be a fantastic alternative to litigation in court, allowing a couple to resolve conflicts while a professional mediator facilitates the discussions and guides the parties toward a mutually agreeable compromise. In order for this process to work as well as possible, you and your spouse need to find the right mediator for you. Basic qualities you should look for in a mediator include experience and knowledge of your state’s divorce laws. On a personal level, you want to find a mediator that will be compassionate and understanding of both parties’ perspectives. 

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Los Gatos, CA divorce attorney for financial issues

When a couple makes the difficult decision to pursue a divorce, it is entirely common to find that the emotional aspects of the separation will trump all other concerns. While this is a natural reaction to a separation from a person you once loved, it can be dangerous. Divorces can come with significant complications that can impact a person’s life for the foreseeable future. From marital asset allocation to issues pertaining to child custody, it is important to be organized and prepared as you navigate the divorce process. If you are unprepared, a divorce can significantly damage the health of your individual finances. Fortunately, there are a few simple steps you can take to ensure that you will maintain a healthy and vibrant financial situation following your divorce: 

  • Be Organized: Organization is critical during divorce, especially when it comes to finances. In order to be truly prepared to negotiate a divorce settlement, litigate disputes in court, or resolve issues through mediation, you need to have an in-depth understanding of your financial situation. This knowledge can be the difference between a financially healthy future and a fragile one. 

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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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