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

Los Gatos Unpaid Child Support Lawyer

Many people consider their pets to be like their own children, so what happens to the family pet when couples divorce? In the past, pets would be treated like any other non-living property in a California divorce. Though previously given the same consideration as a piece of furniture or a car, the understanding that people share special relationships with their pets prompted California lawmakers to change how pet custody is treated.

A law passed last year dictates that the well-being of an animal or animals owned by a couple must be considered when parties cannot agree on who will keep the animals following divorce. California was the third state in the U.S. to pass such a law, and it went into effect on January 1 of this year.

...

Los Gatos, CA divorce mediation attorneyThere are many details to work out during a divorce. Unfortunately, some couples end up in a cycle of litigation in which no one really wins. Arguments about custody, property, child support, alimony, etc. can result in both parties running up major attorney’s fees and court costs. Rather than fighting out every little thing through the legal process, some couples may be able to save a lot of money and stress in the long run by opting for mediation.

Avoid Wasting Time and Money on Litigation

When you and your partner decide to call it quits, dividing marital property and agreeing on what is best for your children can sometimes be complicated. Even if both parties mean well, which is not always the case, the divorce can end up dragging on and on, causing unnecessary stress and huge expenses.

If you and your soon-to-be-ex cannot reach an agreement on some things, it may be time to hire a mediator. A mediator can take on one issue at a time and help the two of you work out decisions that are fair to both of you. This can greatly reduce the time and money needed to complete your divorce, since going through the courts to resolve every little disagreement can take years and cost thousands of dollars.

...

Los Gatos divorce and QDRO lawyerDuring a California divorce, all community property must be divided between spouses. Unfortunately, a retirement account you have been sinking money into for years will not necessarily be all yours when you get a divorce. Even if an account is solely in your name, and you were the one earning the income, money saved during your marriage is typically considered community property. On top of giving up part of your 401(k) or pension, you may have to face penalties if you do not follow the proper procedures when splitting up the funds.

Avoiding Penalties When Dividing Retirement Funds

Even in the best divorce scenarios, both parties are likely to face some financial loss. Property has to be divided, and you will be walking away from one household to new bills in two different homes. Taking the proper steps when dividing retirement funds will ensure that you do not face additional financial penalties.

If you are the one who has to share your retirement savings, your attorney can walk you through the proper process to make sure that you do not lose more money than you have to because of penalties and early withdrawal fees. If you are receiving funds from your partner’s 401(k), you will get to keep more if you have the funds rolled over to your own retirement account than if you take the cash outright. In most cases, the best option is to use a QDRO to implement the transfer of funds.

...

Los Gatos postnup lawyerAfter you get married, you may learn a lot of new things about your partner. Maybe you did not know that your new spouse is bad with money, or perhaps you have become concerned about your spouse being unfaithful. You may also want to ensure that your children are taken care of if you should pass away, or maybe you are a business owner and want to protect your assets if you ever decide to get a divorce. No matter the reasons behind it, a postnuptial agreement can give you some peace of mind.

What Is a Postnuptial Agreement?

While prenuptial agreements are signed by both spouses prior to a marriage, a couple may also decide to sign a postnuptial agreement after getting married. Postnuptial agreements are legally binding contracts that can be set up to decide which party will take on certain debts and retain ownership of specific assets if the couple gets a divorce or separates. There may also be rules laid out for possible alimony in the future, and a postnup may include information about inheritances and estate planning in the case of either spouse’s death.

Additionally, postnuptial agreements could include “lifestyle clauses.” These address issues such as how often one spouse or the other may travel, how often they have to visit one another’s families, who is responsible for what household chores, and more. Some postnuptial agreements have been noted to include an infidelity clause, requiring a spouse who has an affair to compensate his or her partner monetarily by granting them certain assets during divorce or by giving up any rights to receive spousal support.

...

Los Gatos spousal support and alimony attorneyAlimony, spousal support, partner support…whatever you call it, it can be a complicated process to determine whether you or your ex-spouse qualify to receive financial support during your divorce case. It is important to discuss your options with an attorney to determine eligibility for alimony, the amount of payments, and the length of time that the support will continue. Whether you are the payor or the payee, you will want to make sure that you are the decisions made will meet your needs and protect your financial security. 

How Is Spousal Support Determined?

Eligibility for spousal support, or partner support in the case of domestic partnership, must be determined in court. A support order can be established through a divorce, legal separation, or annulment, or as part of a domestic violence restraining order. Temporary support may also be granted by a court during litigation, with the final decisions regarding support being finalized in the divorce or legal separation agreement. 

The actual amount of the support payments will vary depending on many factors, such as how long the couple was married or in a domestic partnership, the standard of living, both parties’ incomes and potential incomes based on their education and experience, the children involved and care needed for them, debts, property, and much more. The presence of domestic violence may also be a determining factor. 

...
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