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 Los Gatos family law attorney

Los Gatos, CA high conflict divorce lawyerWhile divorce is rarely an easy process, it can become especially challenging if one spouse begins to act in a hostile manner. If your spouse is attempting to bully or intimidate you into meeting their demands or behaving in a way that increases conflict and makes the divorce process more difficult, you may feel helpless or unsure about how to respond. Fortunately, you can take steps to protect your rights and resolve disputes as smoothly and effectively as possible. By working with an experienced family law attorney, you can be prepared to address your concerns and reach a positive resolution to your divorce case.

Steps You Can Take During a Hostile Divorce 

First and foremost, you will want to be sure you and your family are safe from harm. If your spouse has made any threats against you, your children, or other family members, or if they have behaved in a way that has caused you to fear for your safety, you should speak to your attorney about your options for obtaining an order of protection. An emergency order of protection can be obtained at a court hearing, even if your spouse is not present, and it can prevent your spouse from committing any further acts of abuse or harassment while prohibiting them from contacting you or entering a shared residence. The court can then determine whether long-term protections will need to be put in place throughout the divorce process and beyond.

As you proceed with the divorce process, you may find that hostility by your spouse has made it difficult or impossible to speak with them and work together to resolve your outstanding issues. In these cases, it may be best to avoid contacting them directly, and mediation may not be beneficial, especially if they are not willing to work together with you to reach compromises about divorce-related concerns. Instead, you can communicate with your spouse and their lawyer through your own attorney and work to reach a settlement or resolve disputes in the courtroom.

...

Los Gatos prenup attorneyHaving a conversation with your soon-to-be spouse regarding the possibility of divorce might seem like a poor way to kick off your life together. However, discussing the potential end of your relationship and making decisions ahead of time can not only help you avoid uncertainty and conflict in the future, but it can actually strengthen your relationship and help you understand the issues that are important to both of you. In many situations, a prenuptial agreement can be critical to ensure that a potential divorce does not compromise your financial well-being. If you are considering signing a prenup before getting married, you should work with an attorney to ensure your agreement will protect your rights and meet your needs.

What Is a Prenuptial Agreement?

Before looking into the possibility of establishing a prenuptial agreement, it is important to understand what this type of agreement actually entails. In short, a prenuptial agreement is a document that establishes how certain matters will be handled in the event that a couple’s marriage ends through divorce or death. A prenup can decide how community property (assets and debts acquired by a couple during their marriage) will be divided, and it can determine how spousal support payments will be structured. However, a prenuptial agreement will not cover issues such as child custody or child support

Why a Prenuptial Agreement May Be Necessary

A prenuptial agreement may not be necessary for everyone, but it can provide essential protections for people in certain situations. If you have children from a previous marriage, your prenup can establish how you want them to be financially taken care of in the case of death or a divorce. If you own a successful business, or if you earn a higher amount of income than your partners, a prenuptial agreement can establish your separate assets and can explicitly describe how community property will be divided. If your future spouse has accumulated large debts, a prenup can state that they alone will be responsible for these liabilities in the event of a divorce. 

...

Posted on in Divorce

Los Gatos divorce mediation lawyerWhen you choose to get a divorce, that decision can result in a variety of challenges for the whole family. Not only will you have to grapple with the legal and practical issues involved in ending your marriage, but your children have to accept that you and your ex-spouse will no longer be living together or married to each other. The divorce process can be incredibly stressful for children. Litigating a divorce in the courtroom can not only increase the level of conflict between spouses, but it may also lead to potentially frightening court appearances for children. Fortunately, divorce mediation is an alternative method of resolving divorce issues, and it can benefit the entire family. 

Mediation and Children 

During the mediation process, you and your ex-spouse will work with a third-party mediator to talk through the issues surrounding your divorce and reach a settlement that you can both be satisfied with. This process can be incredibly beneficial in resolving matters related to child custody. These benefits include: 

  • The Child’s Voice Matters: Mediation will give you and your spouse complete control over the final decisions made throughout the divorce process. In cases involving child custody, this means that your child’s wishes can be communicated easily and can be taken into consideration. You want what is best for your children, and mediation provides you with a greater opportunity to address their wishes and ensure that the two of you will be able to meet their needs. 

    ...

Los Gatos divorce litigation lawyerOf the thousands of divorces that take place each year throughout the United States, many of them are entirely amicable. However, it is not uncommon for the divorce process to become hostile. Your marriage may be ending because one spouse acted in a dishonest or disloyal manner, or there may be a number of contested issues that must be resolved before your divorce can be finalized. In these cases, it is important to know how to react if your former spouse becomes hostile. Following the tips below could help you avoid costly mistakes during the divorce process. 

What You Can Do During a Contentious Divorce 

The decisions made during divorce will affect your life for years to come. If your ex-spouse is hostile, reaching an agreement on the various issues that must be addressed can be difficult. To ensure that you are able to reach a positive resolution, you should take the following steps: 

  • Hire an Experienced Attorney: When choosing a divorce attorney, you will want to make sure to work with a person who has experience addressing complex divorce issues, and you need to be able to trust your lawyer to represent your best interests. If your former spouse is aggressive or hostile regarding divorce issues such as the division of community property or the custody of your children, you may need to resolve these issues in court. In these cases, it is important to work with an attorney who is experienced in successfully litigating divorce cases. 

    ...

Los Gatos, CA family law attorney for prenuptial agreements

Every year, thousands of Americans choose to pursue a divorce. The decision to separate can be difficult, and the process of resolving disputes through litigation or mediation can be very stressful. However, if a couple makes the decision to sign a prenuptial agreement prior to getting married, the anxiety and pressure of a divorce can be significantly lessened. There are multiple benefits of a prenuptial agreement.  If you are getting married, you should consult with a skilled family law attorney to determine whether a prenuptial agreement is the right option for you.

How a Prenuptial Agreement  Can Help

A prenuptial agreement is an agreement between you and your prospective spouse made prior to marriage that will define how certain issues will be resolved if the marriage ends, including through divorce or legal separation. Most notably, a prenuptial agreement may outline the division of property and make decisions about spousal support if you ultimately decide to divorce. Here are just a few ways that a prenuptial agreement could benefit you in the long run:

...
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