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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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Los Gatos divorce lawyer for child abuse claimsTragically, more than 2.9 million instances of child abuse are reported in the United States each year, and many more cases go unreported. For children, the long-term implications of abuse can go far beyond the physical harm they suffer. According to numerous studies, children who have faced some form of abuse are less likely to excel academically, socially, or psychologically as they get older. While it is crucial to always ensure the safety of a child first, it is also important to understand that some child abuse claims are false or fabricated. In family law cases involving child abuse, parents should be sure to work with a skilled attorney, whether they have been falsely accused of abuse or are looking to protect a child from an abuser. 

False Accusations 

A child abuse accusation can drastically impact a person’s life. Not only can these allegations lead to potential criminal consequences, but other areas of one’s life can be affected, including their reputation, their family relationships, and their ability to find or maintain employment. Unfortunately, many claims of child abuse are made during divorce. If separating parents are addressing child custody in court, the claim that one parent has committed abuse can have a huge impact on the decisions that are made. In some cases, a parent may make false claims of child abuse in hopes of swaying the court to decide in their favor, or they may do so in an attempt to punish the other parent and restrict their amount of time with the couple’s children.

In California, a report of suspected child abuse will be investigated by a social worker who will examine the evidence and speak to any involved parties. Upon completion of the investigation, the social worker will report one of three findings: unfounded (no abuse occurred), substantiated (abuse was more likely than not to have occurred), or inconclusive. A substantiated finding may result in criminal charges, and it will be considered by the court when making decisions about child custody and visitation. 

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Los Gatos, CA family law attorney for spousal supportFollowing divorce, one spouse may be entitled to receive financial support from their former partner that will help them maintain their standard of living. When a spousal support agreement is established either during mediation or a court hearing, the spouse receiving payments should be able to rest assured that they will receive this court-ordered support. Spousal support payments can be critically important in ensuring that a person is able to live a financially healthy and independent life following divorce. However, there are some cases in which a paying spouse does not meet their obligations to make these payments on time or in full. It is paramount that you speak with a qualified family law attorney if you are not receiving the agreed-upon payments from your former spouse. 

Securing Your Spousal Support Payments 

Under California law, an automatic wage assignment is created when a spousal support order is established. This will ensure that the amount of support is deducted from the paying spouse’s income (known as wage garnishment). However, divorcing spouses may choose to have the automatic wage assignment stayed, and they may make other arrangements for paying spousal support. 

If a wage assignment has been stayed in your case, there are a number of reasons why your former spouse may fail to make spousal support payments. However, even if he or she has experienced financial difficulties due to loss of employment or a medical condition that has affected his or her ability to work, you still have the right to look into options for enforcing the payment of support. Typically, the first step you and your attorney should take is identifying why the payments are not being made. If your ex-spouse is in fact unable to work, you may be able to work together with him or her to reach an agreement that temporarily lowers the amount of payments or suspends the support for a certain period of time. In these cases, you should be sure that your ex-spouse is aware of your willingness to take the matter to court if the full amount of support payments is not resumed at the conclusion of the suspension. 

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Los Gatos divorce attorney for spousal support and alimonyWhen a couple makes the decision to pursue a divorce, both parties will face drastic changes in their life. For many people, the end of their marriage may threaten their financial security. If one spouse has conventionally brought in more income than the other, the other spouse may have difficulty maintaining their accustomed standard of living following the separation. Because of this, many divorcing spouses who earn less than their former partner will elect to pursue some level of spousal support. In cases involving spousal support, it is important to work with an attorney who can help you make sure you will be able to live a financially sustainable and healthy lifestyle. 

How Is Permanent Spousal Support Established? 

Commonly referred to as alimony, spousal support is is paid by one former spouse to the other. It is intended to ensure that both spouses will be able to maintain the lifestyle they enjoyed while married, and it can also help the lower-earning spouse meet their needs while they work to become financially independent. In the state of California, spousal support is established through in-depth consideration of a number of factors, including the standard of living established during the marriage, the length of the marriage, and the supported party’s ability to secure employment. Spouses may be able to agree on an amount of alimony that will be paid, or a judge may order a certain amount of spousal support to be paid for a specific period of time.

How a Lawyer Can Assist With Spousal Support

During the divorce process, an attorney may help address spousal support in the following ways:

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20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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