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
Subscribe to this list via RSS Blog posts tagged in divorce

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 divorce attorney child custody

When parents choose to get divorced, or when unmarried couples do not live together, disputes over the custody of children can become highly contentious. During these types of cases, parents will want to understand how they can address their children’s needs and avoid acting in a way that will cause their children to experience emotional harm. They will also want to be sure to understand the best steps to take to resolve child custody issues in a way that protects their parental rights while providing for their children’s best interests. During these types of cases, you will want to be sure to avoid the following mistakes:

  1. Acting in a Hostile Manner: The strong emotions involved in child custody cases can lead parents to behave in a way that could negatively impact their case. Be sure to refrain from speaking negatively about the other parent in front of your children, on social media platforms, or in court. It is best to remain as calm as possible and try to avoid arguments with the other parent whenever possible. Instead, conduct negotiations through your attorney or during mediation, limiting the possibility of angry outbursts or heated discussions. 
  2. Violating the Court’s Orders: During the divorce process or while a child custody case is pending, the court may issue temporary orders regarding matters such as visitation schedules or child support. Failure to follow these orders could result in the court deciding against you in your case. During this time, be sure to pick up and drop off your children on time, and do not attempt to take the children when it is not your time to have them. It is also important to make child support payments on time and in the full amount according to the order. 
  3. Not Focusing on Your Children: Even though you will likely be putting a great deal of time and energy toward legal matters, it is important to be sure you are taking time for your children as well. When making decisions about child custody, the court may evaluate your parenting skills, and you will want to demonstrate that you are closely involved in your children’s lives. Be sure to have a firm understanding of your child’s academic performance and extracurricular interests, and make sure you can provide your child with a safe, stable, and comfortable home life. If the court feels that you are not fully engaged as a parent, or if you are unable to provide your child with a safe home, this could have a negative effect on decisions about child custody. 

Contact a Los Gatos, CA Child Custody Lawyer

With years of experience helping clients throughout the entirety of the divorce process, Attorney Benita Ventresca will do everything in her power to help you reach a positive outcome to your child custody case. To schedule a complimentary consultation with an experienced Los Gatos, CA family law attorney, call us today at 408-395-8822. We serve clients in the Los Gatos, Sunnyvale, Saratoga, Cupertino, and San Jose areas.

...

Los Gatos, CA divorce attorney child custody

The divorce process can be incredibly stressful for the whole family, including both parents and children. Children often need time to adjust to the fact that their parents will no longer be married or living together, and parents will need to manage the legal and personal issues involved in their divorce while ensuring that their children’s best interests are protected. If you are looking to maintain a meaningful relationship with your children after your divorce, it is critically important for you to understand California’s child custody laws. To ensure that your parental rights are protected in these cases, you will want to work with a skilled family law attorney. 

Physical and Legal Custody

In the state of California, there are two forms of child custody: legal custody and physical custody. Physical custody addresses who children will live with, while legal custody addresses the right to make decisions about how children will be raised, including ensuring that they receive the proper healthcare and education. 

...

Los Gatos divorce attorney for division of real estateThe divorce process can be an emotional and challenging time for all parties involved. Difficult financial decisions will need to be made as you separate from your spouse, and one of the most significant issues involves who will own your family’s home. Your marital home is likely to be one of the most valuable assets you own, and it can play a key role in the division of marital property. It is important to understand how California’s divorce laws address the division of residential property, and you should work with a family law attorney to determine the best way to proceed throughout the divorce process. 

Dividing Real Estate Property

As you work through the divorce process with your attorney, there are a number of critical steps you need to take regarding your residential property. First and foremost, you must establish whether the home is separate or community property. In the state of California, most assets and debts accumulated by either spouse during a marriage are community property, and they must be divided equally between spouses. However, assets received by one spouse as a gift or inheritance are typically considered separate property. Property purchased after the couple has separated, but prior to the divorce, is also regarded as separate property that will not need to be divided between spouses 

It should also be noted that property purchased or acquired prior to a marriage is generally considered separate property. However, a home that was separate property can become community property if the spouses agree to to redefine the asset or if it became commingled with community property during the marriage, such as when both spouses consistently made mortgage payments or shared other expenses related to the home. 

...

Los Gatos, CA child custody violation lawyerFollowing the finalization of a divorce, both parties will likely feel some level of relief, since they will be able to move on and begin the next phase of their lives. However, there are some cases in which conflicts can continue even after the divorce process has ended. Divorced parents are required to follow the child custody orders established by the court, and if one parent does not meet their requirements, the other parent may need to take legal action. If your spouse has violated your child custody order, you should speak with an experienced family law attorney to determine your legal options.

Examples of Custody Violations 

Custody order violations may pertain to both physical and legal custody. The most common violations involve a parent failing to abide by the terms of physical custody. For example, a parent may be consistently late picking up or dropping off children at the beginning and end of their visitation time, or one parent may refuse to allow the other parent to spend time with children as ordered by the court. Violations regarding legal custody may involve a parent making decisions about children’s education or healthcare without consulting with the other parent, or one parent may refuse to share information such as children’s school or medical records with the other party.

Steps You Can Take 

In the state of California, custody order violations are taken seriously, and they can result in significant legal consequences. If your ex-spouse has committed this type of violation, you will want to document the specific details of how they have violated the court’s orders. This may include noting the dates and times when they did not follow the visitation schedule or gathering other forms of evidence showing that they did not meet their court-ordered requirements. If your ex-spouse has consistently and willfully violated your child custody order, you may ask that they be held in contempt of court. If necessary, you can also petition the court for a modification of your child custody order to address your ex-spouse’s actions and ensure that your children’s best interests are protected.

...
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