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What Should I Focus on When Preparing for Divorce?

Posted on in Divorce

Los Gatos divorce attorney spousal support

When a couple gets married, they never want to believe that divorce may be a possibility. In all reality, divorce is much more likely than many would like to assume. When a person ultimately makes the decision to pursue a divorce, there are a number of criteria they must consider. What will happen to any children involved? How will marital assets be divided? A divorce can drastically impact one’s financial situation and family relationships, and because of this, it is important to hire an attorney who can help you complete the divorce process successfully. 

Criteria to Consider Throughout Your Divorce 

Regardless of whether you plan to navigate your divorce through mediation or divorce litigation, it is important to fully understand how your life may be impacted by the end of your marriage. Some of the most important aspects of divorce to be aware of include: 

  • Division of Marital Assets: Throughout the divorce process, the property you and your spouse own will be divided between the two of you. Marital assets can include real estate, retirement accounts, and business holdings. The process of dividing these assets can become incredibly heated due to the emotional attachments each spouse has with certain property and the financial ramifications that come with these decisions. Recognizing this, it is crucial to work with your attorney and understand your rights to the community property acquired during your marriage. Speaking with your attorney regarding what assets you hold most dear can help you plan your strategy throughout mediation or litigation. 

  • Child Custody Issues:  When determining how to address the custody of your children, divorce mediation is often the best option. Mediation offers you and your ex-spouse an opportunity to amicably discuss a parenting plan that will work for both of you while ensuring that your children’s needs will be met. Mediation can also be a helpful way to resolve any disputes that may arise, since a third party mediator will assist helping you come to an agreement. If your case does need to be resolved in court, you will want to be sure to demonstrate that you are able to meet the needs of your child. This means having space for your child in your home, being engaged in their academic success and extracurricular activities, and displaying a passion for their health and well-being. 

  • Spousal Support: When a couple divorces, one spouse may be awarded financial support to ensure that they will be able to maintain the standard of living they had while married. In theory, alimony will assist the receiving spouse in ultimately gaining financial independence. The amount of spousal support is generally dictated by the length of the marriage, the age of the spouses, and the income earned by both spouses. 

Contact a Los Gatos, CA Divorce Attorney

With over three decades of family law experience in the state of California, Attorney Benita Ventresca is prepared to assist you throughout the entirety of the divorce process. If you are interested in pursuing divorce mediation, we would be happy to discuss your options for using this method of alternative dispute resolution. To schedule a complimentary consultation with a skilled Los Gatos family law attorney, call us today at 408-395-8822. 

Sources:

https://www.huffpost.com/entry/the-most-important-things-to-know-about-divorce_b_597ad735e4b09982b7376386

 

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