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b2ap3_thumbnail_alimony_20180615-235242_1.jpgWhen a married couple decides to get a divorce, one spouse may be eligible to receive spousal support (also known as alimony) from their former partner. These payments allow a spouse who earns less to support themselves as they transition from married life to single life. Divorcing spouses should be sure to understand how California law applies to their situation as they determine their eligibility for spousal support.

Temporary vs. Permanent Spousal Support

After spouses have separated and begun the divorce process, the lower-earning spouse may file a motion asking for temporary spousal support to be paid while the divorce is pending. Each county uses its own methods for calculating this temporary support. In Santa Clara County, temporary support is determined by taking 40% of the paying spouse’s net income and subtracting 50% of the receiving spouse’s net income.

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CA family lawyerThe end of a marriage can be an emotionally difficult time for everyone involved, but teens often struggle to adjust to their parents’ divorce. Teenage children of divorcing parents may experience issues such as depression, academic difficulties, behavioral problems, substance abuse, and involvement in sexual activity.

As a parent, you want what is best for your children, and you can help teenagers cope with the changes in their lives in the following ways:

  • Listen to their concerns - Teenagers are likely to worry about the future, so you should encourage them to talk to you about their feelings. Offer them love and support, letting them know that it is okay to feel sadness, anger, or grief, and helping them express these feelings in a healthy manner.
  • Maintain a consistent routine - A sense of consistency is beneficial for children, so sticking to regular schedules for activities can help them maintain a sense of normalcy as they are going through changes to their lives. Try to make sure that both parents continue to participate in activities with them as you did prior to your break-up.
  • Encourage a relationship with the other parent - It is important for children to maintain a good relationship with both parents, so you should encourage them to communicate and maintain a close bond with the other parent and avoid criticizing or undermining your ex in front of them.
  • Keep children away from conflict - Parents should do everything they can to keep children from being involved in any arguments or disputes during or after divorce. Never try to make your children choose between you and your ex or ask them to spy on the other parent.
  • Avoid oversharing - When discussing your divorce with your children, be honest, but talk to them in an age-appropriate manner. Avoid laying blame for the divorce or providing too much detail. While it may be tempting to confide in them about your own emotional issues or your dating life after your divorce, do not rely on them for emotional support.
  • Seek professional help - If children experience negative effects at school or at home as they adjust to their new reality, it can be beneficial for them to work with a therapist or counselor who can help them understand how to deal with the emotional issues they are experiencing.

Contact a Los Gatos Family Law Attorney

During and after your divorce, you will want to be sure to protect your children’s best interests and help them come to terms with the changes they are experiencing in their lives. If you need help addressing the legal issues that must be resolved as you work to finalize your divorce, the Law Offices of Benita Ventresca can answer your questions and help you reach a favorable outcome. Contact a Los Gatos, CA divorce lawyer at 408-395-8822 to set up a free consultation.

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CA family lawyerThe end of a marriage can be a difficult, stressful time, and resolving the legal issues that must be addressed during divorce can be a complicated undertaking. In many cases, couples choose to use mediation to reach an agreement on these issues, allowing them to avoid the financial and emotional costs of fighting their battles in court. However, the mediation process is often misunderstood, and people are not always aware of the pros and cons of divorce mediation. Here are some common myths about mediation:

  • A mediator will decide in one spouse’s favor - During mediation, couples will work together with the mediator, who serves as a neutral third party, helping them reach an agreement. The mediator cannot make any decisions; instead, they will help spouses understand the legal issues that must be addressed and work to reach mutually agreeable compromises.
  • Couples cannot consult with their attorney or other experts during mediation - During mediation, each spouse can speak to their own attorney, who can help them understand their rights and provide legal advice about the decisions they make. Spouses can also work together or separately with outside experts such as accountants or appraisers to ensure that they fully understand issues related to their finances and the property they own.
  • All outstanding issues must be resolved during mediation - Spouses may be able to address and agree on many of the issues involved in their divorce, such as the division of property, child custody, or spousal support, but there may be situations in which an agreement cannot be reached in some issues. In these cases, spouses can incorporate the decisions they have made into their divorce settlement while asking the court to make a decision on any outstanding issues.
  • Mediation is always preferable to litigation - While mediation can be beneficial for many couples, it will usually only be helpful if spouses are willing to work together and compromise with each other. If one or both spouses refuse to budge on certain issues, they may derail the mediation process, reducing or eliminating the benefits that mediation can provide.

Contact a Los Gatos Divorce Mediation Attorney

If you are considering divorce, the Law Offices of Benita Ventresca can help you understand whether mediation is the best solution for you, and we can work with you and your spouse to address your legal issues and reach a mutually beneficial agreement. If you are unable to resolve your divorce issues through mediation, we can provide you with dedicated representation throughout the divorce process, ensuring that your rights and best interests are protected. Contact a Los Gatos, CA divorce lawyer today at 408-395-8822 to schedule a free consultation.

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CA family lawyerWhen parents decide to end their marriage and get divorced, their divorce decree will include the decisions made about child custody and visitation, including the rights both parents have in making decisions regarding how their children will be raised and schedules for the time that children will spend with each parent. The decree serves as a court order, and parents are required by law to follow its terms. Unfortunately, situations often occur in which one parent interferes with the other parent’s custodial rights or parenting time. In these cases, it is important for parents to understand their options for enforcing their custody order.

Enforcement of Court Orders

Interference with custody or visitation can occur in a variety of ways. One parent may not inform the other about children’s medical treatments or educational needs, or they may fail to consult with the other parent when making important decisions. A parent may refuse to allow the other parent to spend visitation time with their children, possibly because there is a dispute about the payment of child support. In the worst cases, a parent may abduct their child, taking them away from the other parent and cutting off communication.

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CA divorce lawyerCouples who are planning to get married are not likely to be thinking about divorce. However, taking the time to consider how certain matters will be handled if their relationship ever ends can save them a great deal of difficulty in the future. By creating a prenuptial agreement, a couple can make decisions about issues such as the division of property or spousal support, ensuring that their rights and financial security will be protected, no matter what happens in the years to come. Here are some benefits that a prenuptial agreement can provide:

Protecting assets - California is a community property state, which means that property owned by married spouses must be divided equally during divorce. A prenuptial agreement can specify each spouse’s ownership rights to any property owned by a spouse prior to getting married or acquired by married spouses. This can be especially helpful when one or both spouses own business interests since an agreement can determine how business ownership will be handled and ensure that the business can remain operational after divorce.

Assigning responsibility for debts - If either spouse has significant debt, a prenuptial agreement can make decisions about who will be responsible for this debt after divorce. It may also specify how the spouses’ incomes will be allocated to pay for debt during their marriage.

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