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Los Gatos, CA temporary alimony lawyerMany married couples choose to have one spouse be the primary income earner while the other spouse attends school, develops a new business venture, manages family and household needs, volunteers in the community, works on a part-time basis, or works in a rewarding but low-paying job. However, in the event of a divorce, this can leave the non-wage-earning or lower-paid spouse in a difficult financial position. Thus, the question of temporary spousal support can be an important factor to consider before filing for divorce. 

Standard Calculation for Temporary Spousal Support in Santa Clara County

When one spouse files for divorce, either spouse may ask the court for a temporary support order. Such decisions need to be made quickly to ensure that one spouse is not left destitute. Therefore, most judges use a standard formula to calculate the amount of monthly temporary support to be paid. 

In Santa Clara County, for example, the standard formula is:  (40% of the net income of the higher-earning spouse minus child support expenses) minus (50% of the net income of the lower-earning spouse). 

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Los Gatos divorce lawyer limited scope representationA divorce can be costly in many ways. For example, your out-of-pocket living expenses will go up, at least in the short-term, as you pay for a separate residence and all the costs associated with moving and furnishing your new home. You may also be thinking ahead to years of child support payments and other child care costs, as well as saving for retirement as a single person rather than as a couple. 

In order to net the highest value from your division of property and minimize the cost of the divorce proceeding itself, you might consider handling some aspects of the divorce yourself. Rather than pay for a “full service” attorney for both spouses, you might want to consider limited scope representation, also known as unbundled legal services.

Typically, a divorce lawyer will handle all legal aspects of your divorce from start to finish. This commonly includes:

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Santa Clara County grandparents' rights attorneyAfter a divorce, grandparents can provide an important point of stability in a child’s life. Grandparents can also provide emotional and even financial support to their grandchildren that divorced parents often cannot, due to the stress of divorce, the juggling of child care and custody, and the costs of maintaining two separate households. 

However, it can be difficult to maintain strong lines of communication between grandparents and grandchildren in the wake of a divorce. Fortunately, the California Family Code (sections 3100-3105) directly addresses the issue of grandparents’ rights to see their grandchildren.

When Grandparents May Request Visitation With Grandchildren

California law presumes that parents have the sole right to determine whether and when their children have contact with any grandparents. However, grandparents may ask a California court to award them visitation rights in certain circumstances:

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Los Gatos divorce mediation lawyerFew couples can accomplish a divorce settlement entirely on their own, for three main reasons: 

  1. By the time a couple reaches the point of divorce, relations may already be strained to the breaking point. 
  2. While in this state of stress, a couple must work through a long list of issues in order to separate everything they currently share. 
  3. These issues include complicated legal and financial matters, such as child custody and support, joint bank accounts, individual retirement accounts, real estate, and other shared assets like cars and furniture. 

The California legal system offers several solutions to this divorce dilemma, one of the most popular being private divorce mediation, a process facilitated by an attorney who is well-versed in both divorce law and mediation techniques

California Courts Encourage Divorce Mediation

The California legal system supports mediation through specific laws as well as family court procedures and recommendations. For example, the California Courts website promotes mediation by explaining that “a judge can never know about your relationship—as a couple and as a family—as well as you know yourselves. So it makes sense to work out as many issues as you can out of court.” Mediation allows the spouses to retain control of their divorce process and decisions rather than yielding that power to a judge.

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Los Gatos divorce attorney pet ownership85% of people with a dog, cat, or other animal companion reportedly think of themselves as pet “parents” rather than “owners.” However, divorce laws across the United States are just starting to catch up with this way of thinking. 

Illinois was one of the first states to enact legislation that specifically addresses the issue of pets in divorce. A law that took effect at the beginning of 2018 empowered Illinois judges to grant sole or joint “custody” of a pet as part of a divorce settlement and are directed to consider the well-being of the pet when making such decisions.

California has now jumped on the pet wagon with a new law that takes effect in January 2019. Rather than treat pets like a car or a piece of furniture, something that has only a financial value and must be awarded to one spouse or the other, judges will now handle family pets more like they handle child custody. 

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Law Offices of Benita Ventresca

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

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