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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
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Mediation and Litigation

The Judge’s Decision

Posted on in Divorce

California divorce judge, California divorce attorneyIf you choose to proceed with court litigation in your divorce matter, the judge assigned to your case will make the decisions pertaining to your divorce matter. While it is true that judges do not have the sentimental connection to the items in question, there is still a responsibility to make the wisest decision possible given the information at hand. Let us discuss what some of the elements are that are used in a divorce decision-making process.

Child Custody and Visitation

First and foremost, a judge will determine what is in the best interest of the child. The default solution for “best interest” is often joint legal custody, meaning that both parents must still make the legal decisions together. It is most commonly in the best interest to have involvement from both parents, so they will also generally lean towards joint physical custody. Some of the reasons that a judge may choose to do sole custody are:

  • Child abuse,
  • Severe neglect,
  • Findings of domestic violence, and
  • Substance abuse.

Support Payments

Despite what some believe, support payments are never arbitrary. The primary goal during these decisions is to enable the pair to split without it becoming too much of a burden on one individual. What the judge would not like to occur is to have someone living in a mansion in the hills and the other spouse having difficulty purchasing groceries. In both child support and alimony, there are many factors that judges take into consideration. Including, but not limited to:

  • Income of each spouse,
  • Expenses from both sides, and
  • Cost of living,
  • Ability to earn money, and
  • The length of the marriage.

Property and Asset Division

Division of the property is accomplished most easily through an evaluation process. Houses, cars, and businesses are assessed along with any other high-value items. Bank, credit cards, and other financial statements are obtained quickly from the institutions holding the accounts. All of these are broken down into community property and individual property. Community property is anything acquired, earned, purchased, and otherwise obtained during the length of the marriage. Any community property is then split equally based on the fair market value between the two opposing sides.

Although divorce can be independently accomplished, it is a highly emotional time. Emotions run the gamut between stress and anxiety, to anger and sadness, and even periods of extreme happiness. Divorcing spouses allow emotions to cloud judgment resulting in mistakes. Hiring a lawyer is useful to alleviate some of the anxiousness and uncertainty that comes with a dissolution of marriage and can also help guide you toward the information that would best help your case. If you are interested in discussing the details of your case with a proven Santa Clara County, CA divorce attorney, contact Ventresca Law Firm today at 408-395-8822 to schedule your free initial consultation.



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Law Offices of Benita Ventresca

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

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Conveniently located in downtown los gatos and
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