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Lost Gatos, CA prenuptial agreement attorney

Every single year, thousands of couples in the state of California make the difficult decision to file for divorce. While some divorces can be fairly amicable, the divorce process almost always comes with complications. In some cases, the development of a prenuptial agreement can save you time, money, and disputes down the road. Below, we will explain the benefits of a prenuptial agreement, and why it may be wise for you to speak to your significant other regarding your finances prior to marriage. 

Why You Should Consider a Prenuptial Agreement 

Often called a prenup for short, a prenuptial agreement is a written contract developed by two people prior to their marriage. The agreement will dictate how property and assets will be divided in the event of a divorce. While asking your future spouse to sign a prenuptial agreement may be a difficult conversation, the agreement can ensure your financial security and save you from the possibility of a contentious divorce. 

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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.

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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 post-divorce enforcement lawyerThere is no way around the fact that a divorce can be an emotionally challenging process. Separating from the person you once loved can be one of the hardest times in your life. It is extremely important to approach your divorce with some level of professionalism. Your divorce settlement can ultimately dictate the future of your family’s living situation, as well as your financial security. The first and most important step you can take as you prepare for divorce is hiring an attorney who will work cooperatively with you to represent your best interests. In addition, you should be aware of some common mistakes to avoid during the divorce process that could have an impact on your financial security. 

Lack of Preparation

As you prepare to negotiate a divorce settlement, it is crucial to have a comprehensive understanding of your financial situation and be as prepared as possible. If one spouse managed the collective finances, it can be hard to understand what to protect. This means that you and your attorney need to collect documents such as tax returns and mortgage papers to completely understand the nature and extent of the community property assets and debts. 

Another step in the preparation process is to update any financial documents, such as wills, investment beneficiaries, or life insurance accounts. You should also be sure to separate all joint financial accounts. 

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Los Gatos family law attorney for child custody

When a couple makes the difficult decision to pursue a divorce, it is fair to say that they are likely entering a challenging time in their lives. A divorce represents a new chapter for both parties, but it can also come with some significant conflicts. A couple will be forced to resolve various issues as they go about the process of dissolving their marriage. These issues can range from the allocation of marital assets to the separation of bank accounts. One of the most consistently contentious aspects of many divorces is child custody. For divorcing parents, it is important to understand the steps you can take to ensure you will remain a significant presence in your child’s life. 

Child Custody in California 

Here in the state of California, when a child custody case cannot be resolved through mediation, a judge ultimately will decide where the child will primarily reside. The judge will do this by evaluating what is in the best interests of the child. They will consider a variety of criteria, including which parent will provide a safer environment for the child and whether the child would benefit from consistently being around one or both parents. It should be noted that the judge will not consider the gender of each parent when evaluating a case and making their decision. 

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Law Offices of Benita Ventresca

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

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408-395-8822
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Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

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