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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. 

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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. 

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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:

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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, 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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