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CA divorce lawyerIf you are in the midst of a divorce, you are likely to be experiencing a great deal of chaos as you adjust to your newly-single life, and you may be struggling to make ends meet. Along with the legal costs involved in divorce, you may need to address issues such as finding new living arrangements, paying moving costs, and adjusting to living on a single income. However, with proper planning, you can begin your life after your divorce on the right foot. During divorce, you should be sure to address the following financial issues:

  • Check your credit report - If possible, you should pay off any joint credit cards and close the accounts, or make sure that if credit cards remain in one spouse’s name, the other spouse is removed from the account. Close any joint bank accounts, and check to make sure any issues with creditors have been resolved. If necessary, obtain credit cards in your name to begin establishing your own credit history.
  • Complete the division of property - Finish dividing your community property, following the decisions made in your divorce settlement. Be sure to update or refinance loans or home mortgages appropriately. Pay close attention to the division of retirement accounts or pensions, making sure to follow the proper procedures to distribute these finds without being subject to taxes or penalties.
  • Update insurance plans - You may need to remove your ex-spouse from your health insurance coverage or obtain your own coverage under a new plan. If necessary, you may be able to receive temporary COBRA coverage. You should also make sure to remove your ex as a beneficiary of life insurance or retirement plans.
  • Understand your taxes - When filing your tax return for the previous year, you will need to determine whether you should file jointly with your ex-spouse or separately. You should also update your income tax withholding to reflect your new marital status and claim the appropriate exemptions, ensuring that you do not owe taxes when filing next year’s tax return.
  • Create a budget - To ensure that you will be able to maintain financial stability following divorce, take complete stock of your income and expenses and create a workable plan going forward. Make sure to account for child support or spousal support which you will pay or receive, mortgage or rent payments, household expenses (including food, gas, and utilities), and anything else that affects your day-to-day financial situation.

Contact a Los Gatos Divorce Lawyer

By taking steps to fully understand your financial situation during your divorce, you can plan for success in the next stage of your life. At the Law Offices of Benita Ventresca, we can advocate for your interests during divorce and help you complete the process efficiently and effectively. Contact our Los Gatos, CA divorce attorney at 408-395-8822 to set up a free consultation.

 

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California divorce attorney, California divorce lawsYour life is on the verge of significant change. You and the person who you have spent the last chapter of your life with are going your separate ways, bringing on a multitude of emotions. Excitement, anger, grief and happiness are all expected throughout the divorce process. Anxiety from the unknown will also keep many people up at night, especially leading up to the mandatory settlement conference.

What Is a Mandatory Settlement Conference?

A Mandatory Settlement Conference (MSC) is a judge-ordered meeting to try to reach an agreement between two opposing sides. It is not required of every divorce, as default cases and those that can come to an agreement will not find any use in an MSC. This session is for divorcing couples who are unable to agree on divorce terms and have not found full relief in alternative methods, such as mediation. Along with their attorneys, both parties will meet in one session, or multiple sessions, if needed, to reach an agreement on complex matters. A “pro tem” or temporary judge will oversee the discussion and will attempt to help the couple reach a final agreement. If MSC does not resolve the controversy, then a trial will commence the following week, and the judge will decide the terms of everything left undecided.

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California divorce lawyer, California family law attorneyIf you are in the middle of splitting up with your spouse, you may be searching for the best possible resolution options for yourself. Once you are certain that this is the end of your marriage but want to forgo a lengthy and expensive divorce proceeding in court, a viable option for you may be mediation. Mediation has many positive advantages and can be the right choice for you. 

What Is Mediation?

If you and your spouse are having difficulty agreeing to a property division, child support, visitation, or even spousal support/alimony, consider mediation. Understand that if you go in front of a judge, that judge must follow the law in making decisions. In mediation, the mediator will listen to both sides of the story and help to find a solution agreeable to both parties.  

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Posted on in Property Division

b2ap3_thumbnail_divison-of-assets.jpgA dissolution of marriage, also known as a divorce, is a very emotional situation. Regardless of whether it is joy, anger, sadness or stress, both sides are very likely to be running on an extreme version of whatever their emotional reaction is. Unfortunately, emotions tend to cloud our logical thought processes, making subjects like dividing up the property even more difficult. Yet, countless couples overcome these obstacles on a daily basis, and we assure you that you will, too.

Your Checklist

Every divorce is different, however, the property list is nearly always fairly similar. While your actual checklist may vary from the following list slightly, some of the major highlights could still be present. Here is a list of assets that divorcing spouses should discuss in terms of how they are willing to divide them:

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Posted on in Divorce

b2ap3_thumbnail_conflict-resolution_20160330-200810_1.jpgChoosing to split from your significant other is not a matter that should be taken lightly. It is a serious life-altering event that should be treated as such. However, it does not necessarily need to be a war between spouses either. There are several options for conflict resolution during a divorce to help make the process a bit more amicable.

The Object of Divorce

Many people focus on the overall objective when thinking of divorce. It is a split between a marriage or partnership. Yet, it entails more than just going two separate ways. Two lives have been woven together for years and now must strand by strand be unraveled from each other to ultimately become two separate entities once more. A dissolution of marriage is ultimately breaking apart everything encompassed in the matrimonial bond. Some of the issues that may have to be addressed are:

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Law Offices of Benita Ventresca

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

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