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 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. 

...

Los Gatos divorce lawyer for high conflict casesIf you have decided to end your marriage and pursue a divorce, you may experience a great deal of turbulence in your life as you determine how to separate from your spouse and begin living as a single person. In some cases, couples may separate amicably and work together to resolve divorce-related issues using methods such as mediation. However, there are also cases in which a divorce can become hostile and highly contested. If you are experiencing high levels of conflict when separating from your spouse, you will want to understand the best ways to respond and protect your rights during the divorce process. 

What You Can Do During a Hostile Divorce 

When a divorce becomes contentious, it is important to remain calm, avoid conflict whenever possible, and focus on the things that matter. Some steps you can take in these cases include:

  • Focus on Your Safety: If your spouse has committed abuse against you or your children, or if they have acted in a way that has caused you to fear for your family’s safety, you will want to take steps to protect yourself and your children from harm. You may need to obtain an order of protection that will prohibit any further acts of abuse or violence, prevent your spouse from contacting you or entering your residence, and put arrangements in place to ensure that you will be able to meet your family’s needs as you proceed with the divorce process.

    ...

Posted on in Divorce

Los Gatos child custody modification lawyerThe divorce process can be incredibly stressful, and it will require you to make a number of changes to your life. As you transition from married life to being single, both you and your ex-spouse may be looking for a new living situation, seeking new employment, and determining how you can provide for your children. While the decisions made during your divorce are meant to provide a permanent solution, either party’s situation may change drastically in the years after the divorce. In cases where a person’s circumstances have changed, certain parts of a divorce decree can be modified. These post-divorce modifications may address changes to child custody, child support, or spousal support, and when pursuing a modification, you will want to work with a knowledgeable attorney. 

Modifying Your Child Custody Order 

In order to seek a modification to child custody, you must be able to demonstrate to the court that a change in circumstances has occurred. During divorce, the decisions made about legal and physical custody may take parents’ work schedules and housing situations into account. If a parent experiences changes in these areas, either party may petition the court for a modification. For example, if a change in your work schedule would allow you to spend more time with your child, you may ask that your visitation schedule be modified accordingly.

Modifications can also be requested if either parent has failed to provide the care their child needs. If the other parent is struggling to get your child to school on time, not spending adequate time with the child, or failing to provide proper food or clothing, you may ask that the child spend more time with you so you can ensure that their needs will be met. If your ex-spouse is abusing alcohol or drugs, and this puts your child at risk, you can request that restrictions be placed on their parenting time, such as requiring supervision to be present when your child is with them.

...

Los Gatos divorce attorney for child abuse and restraining ordersThere are a wide variety of reasons why couples choose to obtain a  divorce. In some cases, divorce is the result of the breakdown of a marriage, which allows spouses to end a relationship that is no longer working. However, there are also situations in which a person pursues divorce to protect the safety of family members. In cases involving child abuse, separating from your spouse and ending your marriage may be necessary to protect your child from further abuse. If you believe that your spouse has committed abuse against your child, you should speak with a knowledgeable attorney to determine your legal options. Some steps you can take to protect your family’s safety include:

Get a Restraining Order 

If you are afraid for the safety and well-being of your child, you can receive a protective order prohibiting your spouse from committing any further acts of abuse. Under California law, a Domestic Violence Restraining Order may place a number of requirements on your spouse, including ordering that they cannot contact you or your children and that they must stay away from your home, your workplace, and your children’s schools. 

If you do not feel safe in your home, you may want to remove yourself from the situation, and this may mean staying temporarily with a friend or family member or in a domestic violence shelter. Whether you will be staying in your home or moving to a new location, a Domestic Violence Restraining Order can help provide for your needs by requiring your spouse to pay child support and/or spousal support, pay for certain expenses, or turn over certain property to you. If you need to obtain a restraining order, a family law attorney can help you understand your rights and complete the necessary steps.

...

Los Gatos, CA divorce lawyer grounds for dissolution of marriageChoosing to end your marriage is never an emotionally easy process. Unfortunately, if you are unaware of the divorce laws in your state, the logistical process of dissolving your marriage can be difficult as well. Here in the state of California, you will want to understand the requirements that must be met and the process you will need to follow. If you are considering filing for divorce, you will want to seek out the guidance of an experienced family law attorney. 

Filing For Divorce 

In order to file for divorce in California, you must first make sure that you are eligible to do so. One of the simplest issues that can arise in California divorces is the requirement that one of the parties must be a California resident for a minimum of six months, and one party must have lived in the county where the divorce will be filed for at least three months. Once those residency requirements have been met, either spouse can file a petition for divorce at their local court. 

In many states, a person who files for divorce must cite certain “grounds,” or reasons that they wish to dissolve their marriage. Depending on state laws, these may include infidelity, drug or alcohol abuse, a felony conviction, or one spouse infecting the other with a sexually transmitted disease. The state of California, however, recognizes what is called “no fault” divorce. This means that spouses may file for divorce on the grounds of “irreconcilable differences,” and they simply need to state that these differences have caused an irremediable breakdown of the marriage. The only other grounds for divorce recognized in California are a permanent legal incapacity by one spouse to make decisions. In these cases, a spouse must provide proof of permanent physical or mental impairment or disability, including testimony from a medical or psychiatric professional.

...
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