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

Los Gatos, CA parenting plan attorneyDivorce has a major impact not only on the separating spouses, but also on their children. Because children do not necessarily have a say in their parents’ decision to divorce, it can be hard for them to understand how the divorce will affect them and what their lives and relationships with both parents will look like throughout the divorce process and after it is finalized. Divorcing parents need to work together to establish a clear parenting plan that reduces uncertainty for their children and makes sure that their needs are met.

Important Considerations for Child Custody and Visitation

There is a tendency for some to think of child custody as a question of “who gets the kids,” but this is an oversimplification that does not fully account for the children’s best interests or the fact that in most divorces, both parents continue to share responsibility for their children’s well-being. When you and your spouse are negotiating your parenting plan, you should consider a number of factors, including:

  • Your children’s education and extracurricular activities. You and your spouse will need to determine which of you will contribute to the choice of your children’s schools and their involvement in extracurricular activities. You should also account for where the schools and activities are located and when they take place to decide which of you may be responsible for transporting your children on a regular basis.

    ...

Lost Gatos, CA divorce attorney asset division

While all divorces can come with their fair share of complications, the financial aspects of a high-asset divorce can be increasingly complicated. The state of California is a community property state and all shared assets are supposed to be equitably distributed in the divorce, but unfortunately, this does not always happen. In many instances, a divorcing spouse may hide or fail to disclose assets in an attempt to keep them out of the divorce proceedings. If you believe that your spouse is hiding a significant amount of the assets that are meant to be divided between the two of you, it is time to speak with your attorney. You should not jeopardize your financial future simply due to your spouse hiding assets.  

How to Search for Hidden Assets 

If you believe your spouse is hiding assets from you, it is important to inform your attorney as quickly as possible. You and your attorney then need to inform the court in order to invoke the disclosure or discovery process. While this is taking place, you can begin searching for hidden assets on your own. If you believe that your spouse is hiding financial assets, you may be able to find bank statements or stock certificates hidden in the house. If the home search is inconclusive, you should speak with your bank. 

...

Los Gatos, CA high conflict divorce lawyerWhile divorce is rarely an easy process, it can become especially challenging if one spouse begins to act in a hostile manner. If your spouse is attempting to bully or intimidate you into meeting their demands or behaving in a way that increases conflict and makes the divorce process more difficult, you may feel helpless or unsure about how to respond. Fortunately, you can take steps to protect your rights and resolve disputes as smoothly and effectively as possible. By working with an experienced family law attorney, you can be prepared to address your concerns and reach a positive resolution to your divorce case.

Steps You Can Take During a Hostile Divorce 

First and foremost, you will want to be sure you and your family are safe from harm. If your spouse has made any threats against you, your children, or other family members, or if they have behaved in a way that has caused you to fear for your safety, you should speak to your attorney about your options for obtaining an order of protection. An emergency order of protection can be obtained at a court hearing, even if your spouse is not present, and it can prevent your spouse from committing any further acts of abuse or harassment while prohibiting them from contacting you or entering a shared residence. The court can then determine whether long-term protections will need to be put in place throughout the divorce process and beyond.

As you proceed with the divorce process, you may find that hostility by your spouse has made it difficult or impossible to speak with them and work together to resolve your outstanding issues. In these cases, it may be best to avoid contacting them directly, and mediation may not be beneficial, especially if they are not willing to work together with you to reach compromises about divorce-related concerns. Instead, you can communicate with your spouse and their lawyer through your own attorney and work to reach a settlement or resolve disputes in the courtroom.

...

Los Gatos divorce attorney for hidden assetsIn the state of California, the divorce process is governed through the California Family Code. When it comes to the assets owned by divorcing spouses, Family Code Section 2100 states that both parties must present an accurate and honest statement of their assets and liabilities. This disclosure should be completed during the early stages of a divorce, and all assets owned by the spouses should be included, regardless of whether they are community property or separate property. Unfortunately, many divorcing spouses attempt to leave certain assets out of this disclosure in order to avoid including these assets in the property division process. If you are getting divorced, you should be aware of some of the most common types of hidden assets and the steps you can take if you believe your spouse is withholding assets during the divorce process. 

Common Methods of Hiding Assets 

In some cases, a spouse may make an oversight or error and accidentally fail to disclose property. However, there are many cases in which one party will attempt to conceal certain types of property to avoid having to divide or share these assets with their former partner. A divorcing spouse may hide assets by withdrawing money from marital accounts and depositing it in a secret account or transferring it to a friend or family member with the intent of reclaiming it after the divorce is complete. Spouses may also provide incorrect or fabricated information on income or asset disclosures, or they may purchase valuables, collectibles, real estate property, or other assets without informing the other spouse.

Addressing Hidden Assets

If you suspect that there are certain assets that your spouse has not disclosed during the divorce process, you have a number of options. In some cases, you may be able to resolve these issues by discussing them with your spouse. If your divorce has been amicable and respectful, your spouse may have simply made a mistake when they failed to disclose the asset in question. 

...

Los Gatos, CA divorce attorney for disclosure of assets and liabilitiesThe divorce process can be complicated, especially as it pertains to the division of marital property. In a California divorce, couples are required to fully disclose their assets and liabilities. The state’s policies are based on preventing community property from dissipation prior to the divorce and ensuring that the shared estate is equitably divided between the two parties. Unfortunately, a spouse may look to hide or devalue assets during a divorce. If you are pursuing a divorce, you should speak to a qualified attorney regarding the disclosure of assets and liabilities.

Chapter 9 of the California Family Code defines the disclosure of assets and liabilities. 

Examining Disclosure of Assets and Liabilities 

In the state of California, community property is defined as assets or income earned or purchased during a marriage while the spouses are living together. It is important to note that anything acquired prior to the marriage, after the couple has separated, or given to one spouse specifically as a gift, is known as separate property. California state law only requires that community property be divided during divorce. 

...
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

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

FREEVALETPARKING

Back to Top