Family Law

San Jose Bankruptcy Attorney comments the divorce, bankruptcy, and foreclosure that drove Jason Rodriguez to go on a shooting spree at his former employer.

Posted on November 13, 2009
San Jose Bankruptcy Attorney  comments the divorce, bankruptcy, and foreclosure that drove Jason Rodriguez to go on a shooting spree at his former employer. America was horrified last week when Jason Rodriguez, a former engineer, returned to his former employer and began shooting, killing one and wounding five others...

San Jose Bankruptcy Attorney comments downward spiral of former NFL quarterback Bernie Kosar into divorce and bankruptcy.

Posted on November 11, 2009
San Jose Bankruptcy Attorney  comments downward spiral of former NFL quarterback Bernie Kosar into divorce and bankruptcy. According to media reports, former NFL star Bernie Kosar?s life after football has spiraled downward into a series of failed business ventures, divorce and bankruptcy...

San Jose Family Law Attorney explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce.

Posted on November 09, 2009
San Jose Family Law Attorney  explains how judges may consider your financial situation, including bankruptcy, when establishing domestic support in a divorce. If you are going through a divorce, you should know that judges can take a wide range of factors into consideration when establishing domestic support obligations, such as child support and spousal support or alimony...

San Jose Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection.

Posted on November 06, 2009
San Jose Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection. If you are going through a divorce, you may be better served by seeking more spousal support and child support, and less physical property, in the property settlement if you suspect your spouse may be considering filing for bankruptcy...

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San Jose Family Law Attorney explains the spouse receiving support should try to maximize the amount of domestic support vs. a property settlement in a divorce decree.

Posted on November 04, 2009
San Jose Family Law Attorney explains the spouse receiving support should try to maximize the amount of domestic  support vs. a property settlement in a divorce decree. Persons going through, or contemplating, divorce should do some planning with their family law attorney if they believe they will be receiving child support or spousal support as a result of the divorce...

San Jose Family Law Attorney explains the spouse receiving support should try to maximize the amount of domestic support vs. a property settlement in a divorce decree

Posted on November 02, 2009
San Jose Family Law Attorney explains the spouse receiving support should try to maximize the amount of domestic  support vs. a property settlement in a divorce decree. Persons going through, or contemplating, divorce should do some planning with their family law attorney if they believe they will be receiving child support or spousal support as a result of the divorce...

San Jose Family Law Attorney explains how divorce and bankruptcy are often intertwined for couples.

Posted on October 28, 2009
Financial stress is a leading cause of divorce, and during this very difficult economic period, many individuals and couples are contemplating filing for Chapter 7 or Chapter 13 bankruptcy protection.  Depending on your situation, one of both members filing for bankruptcy before you file for divorce may alleviate some of the financial stress on the family...

San Jose Family Law Attorney explains how a Chapter 13 bankruptcy can help you catch up on child support that is in arrears.

Posted on October 26, 2009
In many divorce cases, the non-custodial parent often falls behind in child support payments.  The reasons for this are many, but the effect on the child and custodial parent is very real.  Some parents in this scenario mistakenly believe that filing for bankruptcy can erase the child support payments that are in arrears...

San Francisco Family Law Attorney comments on changes to adoption laws regarding Native American children

Posted on October 23, 2009
Governor Arnold Schwarzenegger recently signed into law a bill that changes the way California family law courts handle the adoption process of Native American children.  The law allows the courts to honor tribal adoption traditions, even when they do not necessarily conform to California civil law...

San Jose Family Law Attorney offers commentary on the divorce that threatens control of the Los Angeles Dodgers

Posted on October 21, 2009
The Philadelphia Phillies may not be the only thing on the minds of the Los Angeles Dodgers front office this week. The divorce filing of Frank and Jamie McCourt, the owner and chief executive officer respectively of the Los Angeles Dodgers has created some interesting division of property issues during the National League Championship Series...

Fremont Family Law Attorney offers some advice to pregnant women who have been left by the baby?s father.

Posted on October 19, 2009
Fremont Family Law Attorney offers some advice to pregnant women who have been left by the baby's father. It's a sad fact of life that many unmarried women, after they find out they are pregnant, find themselves alone when the father of their child leaves...

San Jose Family Law Attorney offers some tips on reducing the possibility of divorce before you are married.

Posted on October 16, 2009
San Jose Family Law Attorney offers some tips on reducing the possibility of divorce before you are married. Statistics show that nearly half of all marriages in the United States end in divorce proceedings, and there are some common themes that run through many tales of broken marriages...

Fremont Family Law Attorney advises California residents to keep an eye on the Elkins Family Law Task Force.

Posted on October 14, 2009
Fremont Family Law Attorney advises California residents to keep an eye on the Elkins Family Law Task Force. In 2008 the Elkins Family Law Task Force was commissioned to improve efficiency and fairness in family law proceedings , conduct a comprehensive review of family law proceedings and recommend changes to increase access to justice, ensure due process, and provide for more effective and consistent rules, policies, and procedures in family law courts across California...

San Jose Family Law Attorney explains the need to protect marital assets before the divorce is final.

Posted on October 13, 2009
San Jose Family Law Attorney explains the need to protect marital assets before the divorce is final. The Jon and Kate Gosselin divorce saga has captivated fans of their show 'Jon and Kate Plus 8' that featured their lives with 8 small children. It has also become a national news story and is a staple of the tabloids and cable news programming...

San Francisco Family Law Attorney comments on the rise in spousal support for men cases in family law courts

Posted on October 09, 2009
San Francisco Family Law Attorney comments on the rise in spousal support for men cases in family law courts. With the recent prolonged recession tearing at many middle-class jobs, the family law courts are seeing a rise in men requesting spousal support from their wives, whose jobs may not be as severely affected by this recession...

San Francisco Family Law Attorney comments on how the rise in male suicide in family law cases can be reduced through less contentious divorce proceedings

Posted on October 07, 2009
San Francisco Family Law Attorney comments on how the rise in male suicide in family law cases can be reduced through less contentious divorce proceedings. A recent article on the rise in male suicides that are part of family law cases is worth looking into...

San Jose Family Law Attorney offers tips on the international adoption process.

Posted on October 05, 2009
San Jose Family Law Attorney offers tips on the international adoption process. Recent celebrity adoptions have focused attention on the growing international adoption business. Many Americans choose to adopt internationally for many reasons, including the ready availability of infants...

San Jose Family Law Attorney offers suggestions on making wise elder care decisions

Posted on October 02, 2009
San Jose Family Law Attorney offers suggestions on making wise elder care decisions. When families are faced with the decision of providing elder care at home, in a nursing home or assisted living facility for a relative, there are a number of factors to consider before rendering a decision...

San Diego Family Law Attorney explains what you cannot do with a prenuptial agreement

Posted on September 30, 2009
San Diego Family Law Attorney explains what you cannot do with a prenuptial agreement. If you're trying to decide whether or not to make a prenuptial agreement, you'll need to understand what this type of contract can -- and can't -- do for you. Here are some things you cannot do – or should not – do with a prenuptial agreement...

San Diego Family Law Attorney explains what you can do with a prenuptial agreement.

Posted on September 29, 2009
San Diego Family Law Attorney explains what you can do with a prenuptial agreement. If you're trying to decide whether or not to make a prenuptial agreement, you'll need to understand what this type of contract can -- and can't -- do for you. Prenuptial agreements are most often used for the following purposes: Keep finances separate...

San Francisco Family Law Attorney talks about the open adoption process.

Posted on September 26, 2009
San Francisco Family Law Attorney talks about the open adoption process. An open adoption is one in which there is some degree of contact between the birthparents and the adoptive parents -- often this includes contact with the child as well. There is no one standard for open adoptions; each family works out an arrangement that works well for them...

Oakland Family Law Attorney explains what Senate Bill 54 means for California same-sex couples.

Posted on September 24, 2009
Oakland Family Law Attorney explains what Senate Bill 54 means for California same-sex couples. Same-sex couples in California who were married in other states prior to November 5, 2008 will be afforded the legal protection of marriage, if Governor Schwarzenegger signs the bill into law...

San Jose Family Law Attorney explains how bankruptcy may benefit couples filing for divorce.

Posted on September 22, 2009
San Jose Family Law Attorney explains how bankruptcy may benefit couples filing for divorce. The current severe recession may affect many couples considering filing for divorce in ways they had not expected. The assets they hoped to divide may have dramatically shrunk, and the debts they have incurred may be much larger than they anticipated...

San Jose Family Law Attorney explains when guardianship is needed

Posted on September 18, 2009
San Jose Family Law Attorney explains when guardianship is needed. These frequently asked questions explain when you do -- and don't -- need to seek legal guardianship of a child in your care. IF A CHILD LIVES WITH ME, DO I NEED A GUARDIANSHIP? You won't need a guardianship if the child is only staying with you for a few weeks or months...

Sacramento Family Law Attorney explains how to claim a domestic partner as a dependent.

Posted on September 17, 2009
Sacramento Family Law Attorney explains how to claim a domestic partner as a dependent. If you financially support your domestic partner (heterosexual or same-sex), you may be able to file a tax return as a single person and claim your partner as a dependent...

San Francisco Family Law Attorney explains the benefits of domestic partnerships

Posted on September 14, 2009
San Francisco Family Law Attorney explains the benefits of domestic partnerships. Domestic partners are unmarried couples, of the same or opposite sex, who live together and seek economic and noneconomic benefits granted their married counterparts. In a few states, domestic partnership status is offered and regulated by the state and grants many of the rights and responsibilities of marriage -- generally limited to same-sex couples...

San Jose Family Law Attorney how divorcing parent classes can benefit children in custody cases

Posted on September 11, 2009
San Jose Family Law Attorney how divorcing parent classes can benefit children in custody cases. Children are often the collateral damage during the custody battles that rage within family law courts. So often parents are so caught up in the battle with their former spouse that they don?t realize the damage the negative comments and constant strife are doing to their children...

San Jose Family Law Attorney comments on the custody battle over Michael Jackson?s children.

Posted on September 09, 2009
San Jose Family Law Attorney comments on the custody battle over Michael Jackson?s children. If something were to happen to you, who would take care of your children? That is a question that many parents have had to face as they prepared their wills and estate plans...

San Jose Family Law Attorney explains how paternity is established.

Posted on September 07, 2009
San Jose Family Law Attorney explains how paternity is established. Establishing paternity involves determining who is the father of a child. The law always recognizes the mother of the child as a parent. But if the mother and father were not married when the child was born, then the law only recognizes the father if paternity is legally established...

Oakland Family Law Attorney explains the conservatorship process

Posted on September 04, 2009
Oakland Family Law Attorney explains the conservatorship process. If someone close to you is no longer able to care for themselves, a probate lawyer can help you set up a conservatorship, also known as an adult guardianship, to make sure that your loved one is cared for and their property is looked after in a professional and competent manner...

San Francisco Family Law Attorney explains the guardianship process

Posted on September 02, 2009
San Francisco Family Law Attorney explains the guardianship process. Parents who do not plan for their child(ren)?s guardianship as part of their estate plan run the risk of the court appointing a probate guardian, who will have legal and financial responsibility for any minors until they reach the age of 18...

Fremont Family Law Attorney explains the benefits of divorce mediation

Posted on August 31, 2009
Fremont Family Law Attorney explains the benefits of divorce mediation. Many couples going through a divorce have discovered that divorce mediation is the more preferable option to fighting in the court with your spouse using attorneys. Instead of a contentious process, the spouses work with a divorce mediator to negotiate issues surrounding child support and custody, division of property and spousal support...

San Jose Family Law Attorney explains the California adoption process.

Posted on August 28, 2009
San Jose Family Law Attorney explains the California adoption process. If you are considering adopting a child in the State of California, there is a well-defined process that your adoption attorney can guide you through. Generally speaking the adult wishing to adopt must be at least 10 years older than the child he or she wishes to adopt...

Fremont Family Law attorney explains the juvenile dependency court process

Posted on August 26, 2009
Fremont Family Law attorney explains the juvenile dependency court process. Juvenile dependency is the process by which a child is removed from his or her parent?s custody and care, and is declared a ?dependent of the court?. These cases often involve children who have been abandoned, neglected or injured by their parents, foster parents or legal guardians...

San Jose Family Law Attorney Discusses the Effect of the Economic Crisis on Couples Seeking Divorce.

Posted on August 21, 2009
San Jose Family Law Attorney Discusses the Effect of the Economic Crisis on Couples Seeking Divorce Conventional wisdom is that divorce rises during times of economic distress as financial issues add to the weight of already strained relationships. But this recession is proving to be a little different than previous recessions, and is causing many people to rethink the timing of a divorce...

Fremont Divorce Attorney discusses how so many people want to get divorced and they want to do it immediately

Posted on August 07, 2009
Fremont Divorce Attorney discusses how so many people want to get divorced and they want to do it immediately Many people want to get divorced and they want to do it immediately. It's difficult to stay married to a person when you despise them and cannot stand the sight of them...

Sacramento Divorce Lawyer Discusses How Even Celebrities Gets the Blues

Posted on August 03, 2009
Sacramento Divorce Lawyer Discusses How Even Celebrities Gets the Blues Even celebrities with very unusual behavior gets the blues. Jackass star wife of Johnny Knoxville filed for divorce two years ago. They were officially divorced in March, 2008 in a bifurcated proceeding, reserving all financial matters for resolution at a later date...

San Jose Divorce Attorney Discusses Divorce and Separation

Posted on July 31, 2009
San Jose Divorce Attorney Discusses Divorce and Separation Even though people are very emotionally taken under during a divorce, separation can also lead to a great deal of physical harm as well. It makes sense since when your psychology and emotions are affected, it will show in you physically as well...

Redwood City Divorce Attorney Discusses Social Networking and Divorce: Yays and Nays

Posted on July 28, 2009
Redwood City Divorce Attorney Discusses Social Networking and Divorce: Yays and Nays Now that everyone and their dog (or their spouse) is on Facebook, MySpace and the various other social networking sites, individuals can easily keep track of friends, family and even ex-spouses...

San Jose Divorce Lawyer Discusses West Wing Actor is Divorcing Malcolm in the Middle Wife

Posted on July 24, 2009
San Jose Divorce Lawyer Discusses West Wing Actor is Divorcing Malcolm in the Middle Wife Bradley Whitford, known primarily for his role on The West Wing, is divorcing his wife of sixteen years, Jane Kaczmarek. The parties have three children together, and have professed to the media a desire for privacy so they can focus on their children...

San Francisco Divorce Attorney Discusses Different Schedules for Different Families

Posted on July 20, 2009
San Francisco Divorce Attorney Discusses Different Visitation Schedules for Different Families With all the discussion of Jon and Kate Gosselin?s separation and divorce, its property got a lot of people wondering, how on earth will they share those kids? From the news reports it appears the plan is for the parents to take turns in the house with the kids, which is an uncommon but not unheard of custody arrangement...

San Jose Family Law Attorney Discusses the What Happens to the Children When a Parent Dies

Posted on July 17, 2009
San Jose Family Law Attorney Discusses the What Happens to the Children When a Parent Dies With the death of Michael Jackson, and a potential custody battle arising between Katherine Jackson, the mother of Michael and Debbie Rowe, Jackson?s second wife and the biological mother of Prince Michael, 12, and Paris, 11, much talk has arisen about what happens when a custodial parent dies...

Sacramento Family Law Attorney Discusses Affect of Filing a Family Law Case on Travel with Children

Posted on July 14, 2009
Sacramento Family Law Attorney Discusses Affect of Filing a Family Law Case on Travel with Children Now that we are in the midst of summer and vacation plans are being made ? visits to grandma?s house, trips to Disneyland, etc., many people who are in the early stages of a family law case should be aware of what their limitations may be and plan their vacations accordingly...

San Jose Divorce Lawyer says it sucks to date Football Stars

Posted on July 10, 2009
San Jose Divorce Lawyer says it sucks to date Football Stars With the birth of the internet and wide spread access to television, many a B list celebrity has their personal life in the tabloid news. For example, it is doubtful anybody would care that soon to be divorced Jon (from Jon and Kate plus 8) may have new girlfriend because we only wanted to see him try and feed 8 kids without them destroying the kitchen...

Fremont Divorce Attorney Discusses an Exception to the Rule

Posted on July 06, 2009
Fremont Divorce Attorney Discusses an Exception to the Rule People magazine reports that the Countess LuAnn de Lesseps divorce is now complete. The process was relatively expedient, given the high amount of assets and issues involved. The Count and Countess dissolved their union after 16 years of marriage and producing two children, Victoria, age 14 and Noel, age 12...

San Jose Divorce Attorney Discusses How the Recession Changes Face of Divorce in California

Posted on July 01, 2009
San Jose Divorce Attorney Discusses How the Recession Changes Face of Divorce in California As the economic downturn continues to damage housing values, force job losses and cuts in services, one thing that has not changed is that couples are still divorcing, child support is still being sought, and property is still being divided...

San Jose Family Law Attorney Discusses Children and Divorce

Posted on June 22, 2009
San Jose Family Law Attorney Discusses Children and Divorce Children have it hardest in a divorce. The kids think it's their fault or they are confused as to why their parents are angry and leaving each other. Therefore it is important to keep them isolated from the negativity that inevitably surrounds a divorce...

San Francisco Divorce Lawyer Discusses Divorce

Posted on June 19, 2009
San Francisco Divorce Lawyer Discusses Divorce There was a time when divorces were not common and many people will hold on to their marriage no matter what happened. However, through the years, when married couples started to encounter problems in their marriage, they would turn to divorce more and more to solve their problems...

San Jose Family Law Attorney Discusses California Surrogacy and Adoption Laws

Posted on June 16, 2009
San Jose Family Law Attorney Discusses California Surrogacy and Adoption Laws Lately, Sagaria Law has received several calls about surrogacy and adoption. Surrogacy comes in two main forms: gestational or traditional. Gestational surrogacy is where the embryo and resulting child is genetically related to both parents...

Sacramento Family Law Attorney Discusses Child Support for 21 Children

Posted on June 12, 2009
Sacramento Family Law Attorney Discusses Child Support for 21 Children Tennessee man has 21 children to support, and not from the same woman. The children ranger in age from 11 years to 11 months. How you ask, can a man possibly pay child support for 21 children? Apparently in, Tennessee, he can?t...

San Jose Divorce Lawyer Discusses Divorce and Social Security Beneifits

Posted on June 09, 2009
San Jose Divorce Lawyer Discusses Divorce and Social Security Beneifits Many people who are getting divorced are concerned with collecting Social Security benefits from their former spouse, and want to know if language to that effect needs to be included in any final judgment...

Fremont Divorce Attorney Discusses Getting Divorced While Living Abroad

Posted on June 04, 2009
Fremont Divorce Attorney Discusses Getting Divorced While Living Abroad Divorce is stressful under even the best of circumstances, and it can be particularly difficult for those living abroad. Whether you reside in a foreign country due to military service, other business or simply to be in a place you prefer to live, it won't be easy to manage a divorce across international borders...

San Jose Divorce Lawyer Discusses Divorce and Custody

Posted on May 26, 2009
San Jose Divorce Lawyer Discusses Divorce and Custody When getting a divorce, one of the most difficult questions is whether a parent wants joint custody or sole legal and physical custody of the child. Deciding on if joint custody is right for you depends a great deal on the ability of you and your spouse to get along...

Sacramento Divorce Attorney Discusses Child Custody and Visitation

Posted on May 21, 2009
Sacramento Divorce Attorney Discusses Child Custody and Visitation An article appeared in the Mercury News last week about a child custody case involving our office. The specifics of that case are not the subject of this blog, but some of the concepts involved in any custody and visitation dispute were at issue there, and are the subject of this post...

San Jose Divorce Lawyer Discusses Actor/Singer Tyrese?s Divorce Woes Mount

Posted on May 18, 2009
San Jose Divorce Lawyer Discusses Actor/Singer Tyrese?s Divorce Woes Mount Tyrese has been in the news a lot lately. The parties were married a mere 10 months, before filing for divorce. The parties had signed a pre-nuptial agreement limiting the terms of support and property division...

Fremont Divorce Attorney Discusses Securing Medical, Life, and Homeowners Insurance

Posted on May 15, 2009
Fremont Divorce Attorney Discusses Securing Medical, Life, and Homeowners Insurance Securing medical, life, and homeowners insurance for yourself and your children must be considered during pre-divorce settlement negotiations with your soon-to-be ex...

San Jose Divorce Attorney Discusses Fears of Divorce

Posted on May 12, 2009
San Jose Divorce Attorney Discusses Fears of Divorce Divorce is a tough time for everyone that has to go through it. Although most people will come out stronger and better off than staying in an awful marriage, a little mental divorce preparation never hurt anyone...

Sacramento Divorce Attorney Discusses Guardianships

Posted on May 08, 2009
Sacramento Divorce Attorney Discusses Guardianships Lately, our office has fielded a bunch of calls from people interested in setting up guardianships for minor children either who are friends or family. One of the first questions is usually, what is a guardianship and why would a child need one? A guardianship is established by a court order when the court appoints an adult, who is not the parent, to be responsible for a minor...

San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce

Posted on May 05, 2009
San Jose Divorce Lawyer Discusses Headlines Scream Mel Gibson Getting Divorce The internet and entertainment news sources are abuzz with the recently filing for divorce by Mel Gibson and his wife of 28 years, Robyn. Gibson, who is known not only for his movies, but for his strongly held extremely conservative Catholic beliefs, seems an unlikely candidate for dissolution, but the petition filed by Gibon?s wife cites irreconcilable differences...

San Francisco Family Law Attorney Discusses Property Distribution

Posted on May 01, 2009
San Francisco Family Law Attorney Discusses Property Distribution Both divorce and the death of a loved one are difficult life events for people to cope with. Both of these situations also deal with property distribution. It becomes a more complicated situation when someone dies whom you are in a divorce with because there are competing laws regarding property distribution: estate law, and community property law...

San Jose Divorce Attorney Discusses Poor Economy Affects Child Support

Posted on April 27, 2009
San Jose Divorce Attorney Discusses Poor Economy Affects Child Support As unemployment rises, more and more people are falling behind on their child support. Child support orders, at least in California, do not automatically reset to 0 when someone loses their job...

Sacramento Family Law Attorney Discusses No-Fault Divorce

Posted on April 23, 2009
Sacramento Family Law Attorney Discusses No-Fault Divorce People get divorced for many different reasons. A prevalent reason is infidelity. Many people decide to get divorced because their wife or husband has cheated on them. Once the cheated on spouse finds out about the infidelity, divorce most likely ensues...

San Jose Divorce Attorney Discusses - Countess Seeks over $100K Monthly Spousal Support!

Posted on April 20, 2009
San Jose Divorce Attorney Discusses - Countess Seeks over $100K Monthly Spousal Support! The web is abuzz with the story of the Swedish countess who was married to an American investment banker and is now seeking to set aside their post-nuptial agreement that would have awarded her $43 million as a settlement following their brief marriage from 2002-2005...

San Francisco Divorce Attorney Discusses Spousal Support

Posted on April 16, 2009
San Francisco Divorce Attorney Discusses Spousal Support Spousal support can be granted based on a number of issues in order to keep the marital standard of living for the spouse needing the support. However, contrary to what people believer, spousal support can be terminated before the the receiving spouse gets re-married...

San Jose Divorce Lawyer Discusses Toronto Raptors Player In Child Support Dispute

Posted on April 13, 2009
San Jose Divorce Lawyer Discusses Toronto Raptors Player In Child Support Dispute Chris Bosh, the power forward for the Toronto Raptors, is the subject of a complaint filed in the state of Maryland by an ex-girlfriend seeking child support for their four month old daughter...

Sacramento Divorce Lawyer Discusses Divorce and Custody

Posted on April 08, 2009
http://www.sagarialaw.com/lawyer-attorney-1176134.htmlSacramento Divorce Lawyer Discusses Divorce and Custody Can you still be a housewife if you aren?t married? News reports today indicate that one of the ?Real Housewives of New York City,? Countess LuAnn de Lesseps, and her husband, Count Alexandre de Lesseps have separated and are headed for divorce...

San Jose Divorce Attorney Discusses Legal Separation vs. Divorce

Posted on April 01, 2009
San Jose Divorce Attorney Discusses Legal Separation vs. Divorce Even though a marriage is going under, some people are not ready to take the steps towards getting a legal divorce. This could be because the parties may want to reconcile or do not want to break their ties completely yet...

San Jose Divorce Lawyer Discusses Hague Convention?s Custody Provisions in News Lately

Posted on March 20, 2009
San Jose Divorce Lawyer Discusses Hague Convention?s Custody Provisions in News Lately The United States is one of 68 nations that is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. It provides a mechanism for the expeditious return of child wrongly taken from one member state to another...

Fremont Divorce Attorney Discusses Tax Time and Family Law

Posted on March 16, 2009
Fremont Divorce Attorney Discusses Tax Time and Family Law It?s tax season again, and for families involved in the family law court system, one of the issues is nearly always who is going to claim the child on their taxes, better known as the dependency exemption...

Sacramento Divorce Lawyer Discusses Jon and Kate Plus 8 Rumored to Be Splitting

Posted on March 16, 2009
Sacramento Divorce Lawyer Discusses Jon and Kate Plus 8 Rumored to Be Splitting The internet is abuzz with rumors that Jon and Kate Gosselin, of Jon and Kate Plus 8 fame, are splitting up. Putting aside the actual truth of such a rumor, let?s examine the many issues a divorce with eight children and a tv show produces...

San Jose Divorce Attorney Discusses Spousal Support and Child Support

Posted on March 09, 2009
San Jose Divorce Attorney Discusses Spousal Support and Child Support The issue of spousal support and child support is one of contention among parties of divorce. There are times when spousal support or child support is set higher than what a party can pay...

Fremont Divorce Attorney Discusses Divorce and Children

Posted on March 03, 2009

San Jose Divorce Lawyer discusses Chris Brown and Rihanna: When to File for a Restraining Order

Posted on February 24, 2009
San Jose Divorce Lawyer discusses Chris Brown and Rihanna: When to File for a Restraining Order By now we all know that Rihanna and her boyfriend Chris Brown were in a physical altercation last week. Perhaps the question on everyone?s mind (besides why did he do it), is should Rihanna be seeking a restraining order against him? Or did she get one from the police? In California, there are two main types of restraining orders available to victims of domestic violence: domestic violence restraining orders, and criminal protective orders...

Sacramento Divorce Lawyer discusses divorce and dividing assets

Posted on February 20, 2009
Sacramento Divorce Lawyer discusses divorce and dividing assets Not all divorce cases are contentious cases where the parties are fighting over every penny of their estate. Many times, there are ways where the parties are able to resolve their issues on their own and have very amicable divorces...

Redwood City Divorce Attorney Discusses Common Forms and Hearings You May Encounter in your Family Law Case

Posted on February 19, 2009
Redwood City Divorce Attorney Discusses Common Forms and Hearings You May Encounter in your Family Law Case Anybody who is involved in a family law case has probably thought to themselves ?what a lot of paperwork!? Family law cases, whether they are divorce, paternity, support or other actions, involve lots of forms, requiring personal information, and frequently, multiple court appearances...

San Jose Divorce Lawyer Discusses Santa Clara County Issues New Local Rule on Tentative Rulings

Posted on February 13, 2009
San Jose Divorce Lawyer Discusses Santa Clara County Issues New Local Rule on Tentative Rulings It?s a new year, and that means new rules in many county courts. Santa Clara County has implemented a new local rule regarding tentative rulings in family law matters...

Fremont Divorce Lawyer Discusses The Rainbow of Visitation Schedules

Posted on February 10, 2009
Fremont Divorce Lawyer Discusses The Rainbow of Visitation Schedules This morning, I had a case where the parents were on a complicated visitation schedule that involved an exchange nearly every day. Neither parent particularly loved this schedule, but neither parent wanted to lose time...

San Jose Divorce Attorney Discusses Child Support

Posted on February 06, 2009
San Jose Divorce Attorney Discusses Child Support Is the father of those octuplets liable for child support? With all the hubbub surrounding the recent birth of a set of octuplets in California, information has begun to filter out about the family situation of these children...

Sacramento Divorce Lawyer Disccusses the Effects of Divorce on Children

Posted on February 03, 2009
Sacramento Divorce Lawyer Disccusses the Effects of Divorce on Children During a divorce, it is always hard for the kids to deal with their parents separation. Many kids feel abandonment or even that it is their fault that their parents are getting divorced...

San Jose Divorce Attorney Discusses Bifurcation?Termination of Status

Posted on January 28, 2009
San Jose Divorce Attorney Discusses Bifurcation?Termination of Status The common myth in divorce is that a person is automatically ?divorced? after six months from the date of filing. However, this is not true. A person is only qualified to be ?divorced? if all issues including community property have been resolved...

Fremont Divorce Attorney Discusses Notice of Divorce

Posted on January 19, 2009
Fremont Divorce Attorney Discusses Notice of Divorce Deciding to get a divorce is a difficult decision, sometimes made more difficult by the fact that you may no know where your spouse is to tell them that you want to get a divorce. This happens more than people think...

San Jose Divorce Attorney Discusses Date of Separation Issues

Posted on January 13, 2009
San Jose Divorce Attorney Discusses Date of Separation Issues Kate Walsh, Star of Private Practice, Getting Divorced After Only 15 Months of Marriage ? Dispute Arises Over Date of Separation In December, Kate Walsh?s husband, Alex Young, filed for dissolution of marriage, citing irreconcilable differences...

Sacramento Divorce Attorney Discusses Joint Physical Custody

Posted on January 05, 2009
Sacramento Divorce Attorney Discusses Joint Physical Custody Many fathers believe that mothers always get physical custody of the children, but while that may have been true 20 or 30 years ago, things are a lot different now, especially here in California...

San Mateo Family Law Attorney Talks About Public Policy and Settlements

Posted on December 30, 2008
San Mateo Family Law Attorney Talks About Public Policy and Settlements When a couple begins or is going through a divorce, there is one piece of consistent advice that is given. Settle. The couple will hear their attorneys, the judge, and their friends who all tell them to settle as quickly and as soon as possible...

San Jose Divorce Lawyer Discusses Custody and Visitation

Posted on December 22, 2008
San Jose Divorce Lawyer Discusses Custody and Visitation Recently, a child named Isabella?s parents have been in the news, as the parents challenge each other for custody and visitation of Isabella. What?s so special about Isabella? Her parents are two women ? she has two moms...

Sacramento Divorce Lawyer Discusses the Relevance of Sexual Conduct in Custody Disputes

Posted on December 08, 2008
Sacramento Divorce Lawyer Discusses the Relevance of Sexual Conduct in Custody Disputes Have you ever wondered if your sexual preferences, either for partners or behaviors, might impact your custody dispute? Lots of people have former partners who threaten to use their sexual past against them, not realizing its rarely relevant to a custody dispute...

San Jose Divorce Attorney Talks About Subleasing

Posted on December 08, 2008
San Jose Divorce Attorney Talks About Subleasing As many soon to be divorced parties know, a divorce can take a long time. It is common to find a divorce taking almost a year or longer before all the issues are resolved. One of the main issues will always be the family residence...

Fremont Divorce Attorney Discusses Christmas, Hanukah and Eid ? Holidays and Children in Family Law Cases

Posted on December 03, 2008
Fremont Divorce Attorney Discusses Christmas, Hanukah and Eid ? Holidays and Children in Family Law Cases As the holidays approach, many parents face the dilemma of how to split the holidays with their children. After all, every parent wishes to spend Christmas, Thanksgiving and other important holidays with their children ? these holidays revolve around families...

Sacramento Divorce Attorney Discusses Domestic Partnerships

Posted on November 25, 2008
Sacramento Divorce Attorney Discusses Domestic Partnerships Domestic partners are unmarried couples, of the same or opposite sex, who live together and seek economic and noneconomic benefits granted to their married counterparts. In a few states, domestic partnership status is offered and regulated by the state and grants many of the rights and responsibilities of marriage...

San Jose Family Law Attorney Discusses Child Support Enforcement

Posted on November 18, 2008
San Jose Family Law Attorney Discusses Child Support Enforcement California is the most populous state in the United State, which poses numerous challenges for California Child Support enforcement authorities. California Child Support is determined using guidelines established by state law...

San Jose Family Law Attorney Discusses Adoption

Posted on November 15, 2008
San Jose Family Law Attorney Discusses Adoption November 15, 2008 is National Adoption Day! National Adoption Day is a collective national effort to promote awareness of the 129,000 children in foster care waiting to find permanent, loving families, as well as those families that have been happily created through the adoption process...

Fremont Family Law Attorney Discusses Division of Assets

Posted on November 11, 2008
Fremont Family Law Attorney Discusses Division of Assets Besides matters relating to children, the division of assets is often the most hotly contested issue that arises during divorce proceedings. Over the course of a marriage, a couple?s finances become intimately intertwined and separating finances can prove time consuming and frustrating...

San Jose Family Law Attorney Discusses Common Misconceptions in Family Law

Posted on November 06, 2008
San Jose Family Law Attorney Discusses Common Misconceptions in Family Law True or False: Husbands can?t get alimony False. California law provides for spousal support, as it is known, in any dissolution, regardless of the gender of the party seeking support...

San Jose Family Law Attorney Discusses Post-Nuptial and Pre-Marital Agreements:

Posted on November 04, 2008
San Jose Family Law Attorney Discusses Post-Nuptial and Pre-Marital Agreements: A Post-Nuptial Agreement, sometimes referred to as an After Marriage Agreement, is a written document signed by parties to a marriage that sets out how they agree to have property divided, spousal support determined and attorneys fees paid in the future if the marriage ends in divorce...

Redwood City Family Law Attorney Discusses Proposition 8: Marriage v. Domestic Partnerships

Posted on October 31, 2008
Redwood City Family Law Attorney Discusses Proposition 8: Marriage v. Domestic Partnerships As Californians get ready to vote for president next week, they are also considering whether to vote for or against Proposition 8. Proposition 8 is a constitutional amendment defining marriage as one man and one woman...

San Jose Divorce Attorney Discusses Santa Clara County Court Locations

Posted on October 27, 2008
San Jose Divorce Attorney Discusses Santa Clara County Court Locations Santa Clara County opened up a north county location for family law cases in January of 2008 in Sunnyvale. This new location meant that parties living in North County would not have to travel to downtown San Jose to have their family law matters heard in court...

Sacramento Family Law Attorney Discusses Domestic Violence Against Men and Restraining Orders:

Posted on October 23, 2008
Sacramento Family Law Attorney Discusses Domestic Violence Against Men and Restraining Orders: Very little is known about the actual number of men who are in domestic relationships in which they are abused or treated violently by women. In 100 domestic violence situations, approximately 40 cases involve violence by women against men...

Redwood City Family Law Attorney Discusses Grandparents? Custody Rights

Posted on October 22, 2008
Redwood City Family Law Attorney Discusses Grandparents? Custody Rights In today?s fast moving age, many parents rely on grandparents to take care of their children as they are at work during the day. Therefore, many times, when the nuclear family breaks down it is the grandparents that step in to take control of the children?s best interests...

Sacramento Divorce Attorney Discusses Paternity Establishment:

Posted on October 20, 2008
Sacramento Divorce Attorney Discusses Paternity Establishment: Establishing paternity is the process of determining the legal father of a child. When parents are married, paternity is automatically established in most cases as the husband of the mother is automatically presumed to be the child?s father...

Redwood City Divorce Attorney Discusses Long Term Marriage Spousal Support

Posted on October 17, 2008
Redwood City Divorce Attorney Discusses Long Term Marriage Spousal Support Almost everyone remembers the divorce between Nicole Kidman and Tom Cruise. Tom ended his divorce with Nicole just a few weeks shy of their 10 year anniversary. Some say that he was slick for doing so and avoiding having to pay Nicole spousal support for an indefinite amount of time...

Sacramento Divorce Attorney Discusses Child Custody:

Posted on October 14, 2008
Sacramento Divorce Attorney Discusses Child Custody: California has a ?joint custody? law that encourages judges to award joint ?legal custody? to parents. This means that both parents have a right to make decisions concerning their children, such as education, medical treatment and religious training...

Fremont Divorce Attorney Discusses Community Debts

Posted on October 10, 2008
Fremont Divorce Attorney Discusses Community Debts Debts incurred during marriage are sometimes very sensitive topics. Sometimes, one spouse is unaware of the debts that the other spouse incurred, and yet they are still made to pay for it. Therefore, it is good to know about how debts are divided on divorce...

Redwood City Divorce Attorney Discusses Spousal Support:

Posted on October 06, 2008
Redwood City Divorce Attorney Discusses Spousal Support: When a married couple gets a divorce, the court may award spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself. The purpose of spousal support is to limit any unfair economic effects of a divorce by providing a continuing income to a non wage earning or lower wage earning spouse...

Sacramento Family Law Attorney Enforcing Child Support by Collecting Directly From Wages

Posted on October 03, 2008
Sacramento Family Law Attorney Enforcing Child Support by Collecting Directly From Wages One of the most common mechanisms for enforcing child support in California is the earnings assignment order, or as it is more commonly known, a wage assignment...

San Jose Family Law Attorney Discusses Spousal Support

Posted on October 01, 2008
San Jose Family Law Attorney Discusses Spousal Support Spousal support is always a dicey topic when two people are faced with a divorce. When a couple are going through a divorce, one party may not have enough financial stability to pay their expenses without a little help from the other party during the divorce process...

San Jose Divorce Attorney Discusses Retirement Plans and Settlement

Posted on September 24, 2008
San Jose Divorce Attorney Discusses Retirement Plans and Settlement Many people who are in a divorce are faced with many issues regarding division of assets and settlements. One of those problems is the division of a retirement account. If some of the portion of your settlement consists of retirement assets, you should be aware of the tax ramifications and potential penalties involved...

Fremont Family Law Attorney Discusses Enforcing Child Support by Collecting Directly From Wages

Posted on September 16, 2008
Fremont Family Law Attorney Discusses Enforcing Child Support by Collecting Directly From Wages One of the most common mechanisms for enforcing child support in California is the earnings assignment order, or as it is more commonly known, a wage assignment...

San Jose Divorce Attorney Discusses Community Property:

Posted on September 10, 2008
San Jose Divorce Attorney Discusses Community Property: Equal ownership of community property assets has never been dependent upon a determination of labor or talent. Men and women are considered equal partners in a marriage in California. Each shares marital property equally regardless of whether their assets were earned by one or the other...

San Jose Family Law Attorney Discusses Parental Rights Likely to be Terminated in Child Abuse Case

Posted on September 02, 2008
San Jose Family Law Attorney Discusses Parental Rights Likely to be Terminated in Child Abuse Case A couple in Texas is set for trial on termination of parental rights following CPS intervention and removal of the parties? three children. A year ago, the children were removed at the ages of 2, 1, and infancy, when they tested positive for amphetimines and methamphetimines...

Salinas Divorce Attorney Discusses Spousal Support and Domestic Violence

Posted on August 27, 2008
Salinas Divorce Attorney Discusses Spousal Support and Domestic Violence Most men who earn more than their wives are aware that in the event of a divorce they may owe some level of spousal support, formerly called alimony, to their wives. They may not know the amount or the duration but they are aware of the risk...

San Jose Divorce Attorney Discusses Bigamy

Posted on August 19, 2008
San Jose Divorce Attorney Discusses Bigamy Everyone?s heard of bigamy, its being married to two people simultaneously. But what people don?t know is that a bigamous marriage is a marriage which is void from the start, i.e. never a valid marriage. What does this mean? It means there?s no need for a divorce, because instead the second marriage will be nullified...

San Jose Divorce Attorney Discusses Child Support

Posted on August 11, 2008
San Jose Divorce Attorney Discusses Child Support August is Child Support Awareness Month! California law requires both parents to support their children. Child support is calculated using a formula that considers the incomes of both parties, as well as the timeshare...

Monterey Divorce Attorney Discusses Divorce

Posted on August 05, 2008
Monterey Divorce Attorney Discusses Divorce A recent article on CNN.com was entitled ?Happily Divorced Ever After? which unfortunately for most divorcing couples sounds too good to be true. While most divorces certainly can be very acrimonious to say the least it is certainly possible to have an amicable divorce and certainly something to strive for if children are involved...

San Jose Family Law Attorney Discusses Grandparent Visitation

Posted on July 30, 2008
San Jose Family Law Attorney Discusses Grandparent Visitation Are you a grandparent, and you don?t see your grandkids? Sadly, this happens all too often. Whether its because a parent dies, or the parents have divorced or separated, unfortunately, many grandparents end up not having any relationship with their grandchildren...

San Jose Family Law Attorney Discusses Juvenile Dependency

Posted on July 22, 2008
San Jose Family Law Attorney Discusses Juvenile Dependency: Juvenile Dependency involves children that have suffered physical or emotional harm, that have been abandoned by their parents or caretaker, or have special and unique problems that the parents or caretakers cannot deal with...

Monterey Divorce Attorney Discusses Community Property Declaration

Posted on July 14, 2008
Monterey Divorce Attorney Discusses Community Property Declaration If you are considering filing for a divorce in California or you have spoken to a Monterey Divorce Attorney, then you probably have some idea how community property laws will affect your property division after a divorce, however, you may not realize how much or your property is considered community property...

San Jose Family Law Attorney Discusses Adoption for Same Sex Couples:

Posted on July 08, 2008
San Jose Family Law Attorney Discusses Adoption for Same Sex Couples: In March 2007, the Urban Institute and the Williams Institute at the University Of California School Of Law reported that over 65,000 adopted children are being raised by same-sex parents in the United States...

Monterey Divorce Attorney Discusses Divorce

Posted on June 12, 2008
Monterey Divorce Attorney Discusses Divorce A recent article on CNN.com was entitled ?Happily Divorced Ever After? which unfortunately for most divorcing couples sounds too good to be true. While most divorces certainly can be very acrimonious to say the least it is certainly possible to have an amicable divorce and certainly something to strive for if children are involved...

San Jose Family Law Attorney Discusses Grandparent Visitation

Posted on June 02, 2008
San Jose Family Law Attorney Discusses Grandparent Visitation Are you a grandparent, and you don?t see your grandkids? Sadly, this happens all too often. Whether its because a parent dies, or the parents have divorced or separated, unfortunately, many grandparents end up not having any relationship with their grandchildren...

San Jose Family Law Attorney Discusses Juvenile Dependency

Posted on May 30, 2008
San Jose Family Law Attorney Discusses Juvenile Dependency: Juvenile Dependency involves children that have suffered physical or emotional harm, that have been abandoned by their parents or caretaker, or have special and unique problems that the parents or caretakers cannot deal with...

Monterey Divorce Attorney Discusses Community Property Declaration

Posted on May 28, 2008
Monterey Divorce Attorney Discusses Community Property Declaration If you are considering filing for a divorce in California then you probably have some idea how community property laws will affect your property division after a divorce, however, you may not realize how much or your property is considered community property...

San Jose Family Law Attorney Discusses Adoption for Same Sex Couples:

Posted on May 25, 2008
San Jose Family Law Attorney Discusses Adoption for Same Sex Couples: In March 2007, the Urban Institute and the Williams Institute at the University Of California School Of Law reported that over 65,000 adopted children are being raised by same-sex parents in the United States...

San Jose Family Law Attorney Discusses Adoption for Same Sex Couples:

Posted on May 21, 2008
San Jose Family Law Attorney Discusses Adoption for Same Sex Couples: In March 2007, the Urban Institute and the Williams Institute at the University Of California School Of Law reported that over 65,000 adopted children are being raised by same-sex parents in the United States...

Salinas Family Law Attorney Discusses Restraining Orders

Posted on May 15, 2008
Salinas Family Law Attorney Discusses Restraining Orders Unfortunately during the time of separation from a spouse or significant other while emotions are raw there can be a serious risk of domestic violence. This was demonstrated on September 7, 2008 in Chico in the very tragic murder of Elizabeth Henningsen who was shot by her estranged husband Mark in front of their children...

Redwood City Attorney Discusses Family Law Issues and Divorce

Posted on May 13, 2008
Redwood City Attorney Discusses Family Law Issues and Divorce Linda Stern has some helpful hints when dealing with a divorce. She writes in her latest Newsweek article on how to prepare financially for a divorce. The first tip for troubled couples is to deal with the house and the division of property...

Fremont Attorney Discusses Family Law and Divorce Issues

Posted on May 11, 2008
Fremont Attorney Discusses Family Law and Divorce Issues In the latest Newsweek article by Dahlia Lithwick, he discusses both family law and divorce issues and how the family court system today perpetuates stereo-types of men who are unsuited to care for their children...

San Jose Divorce Lawyer Discusses Military Divorces

Posted on May 09, 2008
San Jose Divorce Lawyer Discusses Military Divorces Sharon Soonhoo has recently written an interesting article addressing Military divorces. There are many people who are in the military who are contemplating divorce. Many of these people also have military financial assets that they are concerned about when contemplating divorce...

San Jose Divorce Attorney Discusses Testimony in Divorce Proceedings

Posted on May 07, 2008
San Jose Divorce Attorney Discusses Testimony in Divorce Proceedings Last year the California Supreme Court held that the Contra Costa County Superior Court violated state law with a rule that prohibited people in divorce trials from presenting oral testimony...

San Jose Divorce Attorney Discusses the Virtue of Settlement

Posted on May 05, 2008
San Jose Divorce Attorney Discusses the Virtue of Settlement Many times in a dissolution, people plan for a contested trial on all the issues, and ultimately, they end up settling the issues, sometimes with and sometimes without the Court?s involvement...

Salinas Divorce Attorney Discusses Hiring a Private Judge

Posted on May 01, 2008
Salinas Divorce Attorney Discusses Hiring a Private Judge Due to the high divorce rate and lack of state and county resources the family court system in California is severely overcrowded. If a motion needs to be filed in a divorce case on any routine issue, such as child custody and visitation, child support, spousal support or property division it is routine to have to wait approximately six to eight weeks before you will have your day in court...

San Jose Divorce Attorney Discusses Automatic Temporary Restraining Orders

Posted on April 28, 2008
San Jose Divorce Attorney Discusses Automatic Temporary Restraining Orders Upon the filing of the initial petition, the court automatically makes four orders which bind the Petitioner. These same four orders are binding on the Respondent when served with the summons and petition...

San Jose Divorce Attorney Comments on Former New Jersey Governor?s Divorce

Posted on April 24, 2008
San Jose Divorce Attorney Comments on Former New Jersey Governor?s Divorce Former New Jersey Governor James McGreevey?s divorce is final, after a sordid trial involving sex scandals, disputes about employment, and support. This case was litigated in New Jersey, but the issues are common to many if not all divorces, so it is instructive for us here in California...

San Jose Divorce Attorney Discusses Child Custody

Posted on April 22, 2008
San Jose Divorce Attorney discusses Child Custody Recently in the news, Britney spears has been making waves regarding her child custody battle with her ex-husband Kevin Federline. On July 17, 2008, Spears agreed to give her ex-husband Federline sole legal and physical custody of their two sons, Sean Preston and Jayden James, while she retains visitation rights...

San Jose Divorce Attorney Discusses No Fault Divorce

Posted on April 19, 2008
San Jose Divorce Attorney Discusses No Fault Divorce Every time a celebrity gets divorced we all hear the headlines that a divorce was filed citing irreconcilable differences. What the press does not get into is that in California there are actually only two grounds for divorce, irreconcilable differences or incurable insanity...

San Jose Divorce Attorney comments on Recent Article Regarding Divorce

Posted on April 14, 2008
San Jose Divorce Attorney comments on Recent Article Regarding Divorce This week Newsweek Magazine reports on how divorce changed the lives of children who lived through what Senior Editor David Jefferson coins as the ?divorce generation.? Jefferson recounts how the myth of the nuclear family exploded in the 60s, and the woman?s rights movement opened the workplace doors to mothers which in turn made divorce a viable option for many women...

San Jose Family Attorney Discusses Division of Personal Injury Damages in Divorce

Posted on April 08, 2008
San Jose Family Attorney Discusses Division of Personal Injury Damages in Divorce Personal injury awards are subject to special characterization and division rules in a divorce. Unlike most property, characterization of money or property received or to be received as personal injury damages depends on when the cause of action arose; it is not affected by when the actual proceeds are received...

San Jose Divorce Attorney comments on new study by American Academy of Matrimonial Lawyers

Posted on April 05, 2008
San Jose Divorce Attorney comments on new study by American Academy of Matrimonial Lawyers With e-mail and text messaging becoming the preferred method of communication, couples going through a divorce should be warned about the ramifications of what they communicate via such methods...

San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support

Posted on April 03, 2008
San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support Under the Family Code, temporary support may be ordered in any amount based upon the party?s need and the payor?s ability to pay while a divorce is pending...

San Jose Divorce Attorney Discusses Imputation of Income for Child Support

Posted on March 31, 2008
San Jose Divorce Attorney Discusses Imputation of Income for Child Support Family Code states that the court may, in its discretion and consistent with the child?s best interests, consider a parent?s earning capacity instead of his or her actual income when making a guideline support order...

San Jose Divorce Attorney Discusses Need-Based Attorney Fee and Cost Award

Posted on March 27, 2008
San Jose Divorce Attorney Discusses Need-Based Attorney Fee and Cost Award Under the Family Code, any award of attorney fees or costs in a marital action must be based on a determination of ability to pay and consideration of the parties? respective incomes and needs in order to ensure each party?s access to legal representation...

San Jose Family Law Attorney Comments on Recent California appellate opinion Estate of McDaniel

Posted on March 24, 2008
San Jose Family Law Attorney Comments on recent California appellate opinion Estate of McDaniel On March 27, 2008, a California court for the third appellate district issued an opinion which held that a wife was not entitled to inherit from her husband?s estate because she was not a surviving spouse within the meaning of section 78 of the Probate Code...

San Jose Family Law Attorney comments on Fiduciary Duties

Posted on March 21, 2008
San Jose Family Law Attorney comments on Fiduciary Duties Ronald Miserendino, once a multi-millionaire, may live the rest of his life in poverty. According to an article on Trading Markets.com, the ex-millionaire?s plan to hide assets from his ex wife has been in a Milwaukee County jail since 2005 facing ten counts of bank fraud, mail fraud, wire fraud, tax evasion, and money laundering...

San Jose Divorce Lawyer Discusses the Service Members Civil Relief Act

Posted on March 17, 2008
San Jose Divorce Attorney Discusses the Service Members Civil Relief Act Unfortunately many soldiers and sailors are facing family court while preparing for a deployment or after they have been deployed for duty. The Service Members Civil Relief Act has shielded service members by staying civil court actions and administrative proceedings during military activation...

Monterey County Attorney Discusses Child Custody Investigations

Posted on March 13, 2008
Monterey County Attorney Discusses Child Custody Investigations In the event that separated parents cannot agree on a custody and visitation schedule with their children, even after going through court assisted mediation, the parties will likely participate in a child custody investigation...

San Jose Family Law Attorney Discusses Family Law Restraining Orders

Posted on March 10, 2008
San Jose Family Law Attorney Discusses Family Law Restraining Orders For obvious reasons claims of domestic violence are taken very seriously in the family court. Unfortunately some people choose not to fight a restraining order without understanding that doing so will prejudice their custody rights and potentially have a negative impact on their immigration status or job prospects...

Fremont Family Lawyer Discusses Tax and Divorce

Posted on March 07, 2008
Fremont Family Law Attorney Discusses Taxes and Divorce With tax season upon us if you are currently going through a divorce or separation it is very important to consider tax implications. The first question to consider is how to file your taxes. There are generally three options available...

San Jose Divorce Attorney Discusses Internet Posting and Custody Battles

Posted on March 05, 2008
San Jose Divorce Attorney Discusses Internet Postings and Custody Battles It is understandable that people going through a divorce will want to vent their frustrations about their soon to be ex spouse to friends and family. However, in the electronic age it may also be too easy to voice that frustration to the world through the Internet...

Monterey County Divorce Attorney Discuses John Cleese?s Divorce

Posted on March 03, 2008
Monterey County Divorce Attorney Discuses John Cleese?s Divorce John Cleese is famous for his acting roles in movies like a Fish Called Wanda and for his roles in the British series Monty Python and Faulty Towers. According to friends Mr. Cleese is said to be livid that his soon to ex-wife, Alyce Faye, has turned what should have been an amicable divorce into a litigation battle that could reach the same level of notoriety as the Paul McCartney and Heather Mills divorce...

San Jose Child Support Attorney Discusses Democratic Presidential Candidate, Hillary Clinton?s, Youth Opportunity Agenda Regarding Child Support Problems Faced by Low-Income African-American Fathers

Posted on February 24, 2008
San Jose Child Support Attorney Discusses Democratic Presidential Candidate, Hillary Clinton?s, Youth Opportunity Agenda Regarding Child Support Problems Faced by Low-Income African-American Fathers The Urban League?s 2006 report on the situation of African-Americans in the United States concluded that the child support system and its abuses were a major problem, functioning as a large, hidden ?tax? on the already skimpy earnings of many African-American males...

San Jose Family Attorney Discusses Grounds for Termination of Spousal Support

Posted on February 22, 2008
San Jose Family Attorney Discusses Grounds for Termination of Spousal Support Unless the parties have otherwise agreed in writing, a court-ordered spousal support obligation terminates upon either party?s death or the supported party?s remarriage. Said spousal support termination is self-executing, meaning no motion to terminate is required and therefore no court action is required...

San Jose Divorce Lawyer Comments on Eddie Murphy's Divorce and Almost Second Marriage

Posted on February 20, 2008
San Jose Divorce Lawyer Comments on Eddie Murphy?s Divorce and Almost Second Marriage Eddie Murphy?s divorce from his first wife of 12 years, Nicole Mitchell Murphy, with whom he shares five children, was finalized in 2006. However, the division of property is still continuing to the present...

San Jose Family Law Attorney Discusses Adultery as a Grounds for Divorce

Posted on February 18, 2008
San Jose Family Lawyer Discusses Adultery as a Grounds for Divorce A survey recently identified extramarital affairs as the most common reason for divorce in the United Kingdom. Undoubtedly, adultery is the leading cause of divorce in the United States as well...

San Jose Family Law Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order

Posted on February 15, 2008
San Jose Divorce Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order The change of circumstances necessary to obtain a modification of a spousal support order are the same as those the Court considers in making the initial long-term spousal support order at the time of the judgment under California Family Code Section 4320...

San Jose Family Law Attorney Discusses Pamela Anderson?s Request for an Annulment Against Rick Salomon

Posted on February 13, 2008
San Jose Family Law Attorney Discusses Pamela Anderson?s Request for an Annulment Against Rick Salomon. Former ?Baywatch? star, Pamela Anderson, has filed court documents seeking to have her third marriage to Rick Salomon annulled on the grounds of fraud...

San Jose Child Support Attorney Discusses the Duration of the Statutory Child Support Duty

Posted on February 11, 2008
San Jose Child Support Attorney Discusses the Duration of the Statutory Child Support Duty Typically, the statutory duty to support a minor child terminates when the child reaches age 18. However, parents can agree to pay for the support of an adult child or for the continuation of child support after a child reaches age 18, subject to approval by the court...

San Jose Family Law Attorney Discusses Child Support

Posted on February 06, 2008
San Jose Family Law Attorney Discusses Child Support Until recently, the state of Minnesota did not consider the incomes of both parents when it came to determining child support. Instead, the courts simply looked at the time the non-custodial parent spent with the child and that parent?s income...

San Jose Family Lawyer Talk about Reasonable Visitation

Posted on February 04, 2008
San Jose Family Lawyer Talk about Reasonable Visitation When parties divorce with children involved, one of the biggest problems is the visitation schedule of the children. Ideally, the court wants both parents to spend equal time with the children...

San Jose Divorce Attorney Discusses Fiduciary Duty Between Spouses

Posted on January 28, 2008
San Jose Divorce Attorney Discusses Fiduciary Duty Between Spouses In California, spouses owe each other a fiduciary duty, which is defined in California Family Code §§ 721 and 1100. In a nutshell, California Family Code requires each spouse to act in the highest good faith and not take unfair advantage of the other when doing things involving property division that involve the other...

San Jose Family Attorney Discusses Mediation

Posted on January 25, 2008
San Jose Family Attorney Discusses Mediation In California parents are required to attend child custody and visitation mediation if they cannot agree on a timeshare schedule for their children after they separate. It is important to know the procedures for mediation in the county where you case is being litigated...

Fremont Divorce Attorney Comments on Default Dissolution

Posted on January 23, 2008
Fremont Divorce Attorney Comments on Default Dissolution Many people are familiar with the following situation: couple breaks up, decides to get divorced. If you are considering divorce please contact one of our San Jose Divorce Lawyers. One party files the petition for dissolution and, after being properly served, the other party does not file a response...

San Jose Divorce Attorney Comments on Same Sex Divorc

Posted on January 21, 2008
San Jose Divorce Attorney Comments on Same Sex Divorc As states begin to allow same sex couples to marry or register as domestic partners, they must simultaneously begin to address what happens when these couples split up. If a couple is divorcing or terminating a domestic partnership in the same state where they married, then the process is somewhat simpler...

San Jose Family Law Attorney Discusses Epstein Credits

Posted on January 18, 2008
San Jose Family Law Attorney Discusses Epstein Credits Given that it takes a minimum of six months and one day to obtain a divorce in California, it is common for one spouse to continue paying community debts while the divorce is pending. When a party uses his or her separate property for community purposes after separation, that party, as a general matter is entitled to reimbursement...

San Jose Family Law Attorney Discusses Division of Stock Options in Divorce

Posted on January 16, 2008
San Jose Family Law Attorney Discusses Division of Stock Options in Divorce Generally, community property, or property that is not specified by statute to be separate property, will be divided equally between the parties in a dissolution action in California...

San Jose Family Law Attorney Comments on the Current Housing Market and Divorce

Posted on January 14, 2008
San Jose Family Law Attorney Comments on the Current Housing Market and Divorce All across the nation and particularly throughout the Bay Area, the housing market has seen a slump in sales and an increase in foreclosures. Although a decline in real estate sales creates a difficult situation for people would-be sellers, throwing a divorce into the mix makes a difficult situation, even more complicated...

San Jose Family Attorney Discusses Visitation after Seperation

Posted on January 11, 2008
San Jose Family Attorney Discuses Visitation Issues after Separation If you have recently separated from your spouse, or if you are considering it, one of the issues that will be of concern to you is how much you will be seeing your children. First, you should seek the cousnel of a San Jose Divorce Attorney...

San Jose Divorce Attorney Discusses Real Property Issues

Posted on January 09, 2008
San Jose Divorce Attorney Discusses Real Property Issues If you are thinking about a divorce or are already going through divorce proceedings then the current housing market issue is of concern to you if you own real property. It is imperitive that you seek the aid of a San Jose Family Law Attorney...

Santa Clara County Child Custody Lawyer Discusses the ?Significant Connection? and ?Substantial Evidence? Test Under the Uniform Child Custody Jurisdiction and Enforcement Act

Posted on January 07, 2008
San Jose Family Attorney One of the jurisdictional tests under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in order for a California court to hear and make an initial child custody determination is the ?significant connection? and ?substantial evidence? test...

San Jose Family Attorney discusses Hilary Clinton's Brother is a Deadbeat Dad

Posted on January 04, 2008
San Jose Family Attorney Discusses Hilary Clinton?s Brother the Deadbeat Dad Hilary Rodham Clinton?s younger brother Anthony Rodham is a deadbeat dad who owes tens of thousands of dollars in child support to his former wife, Nicole Boxer. Unfortunately from Mrs...

Santa Clara Divorce Lawyer comments on Sean Penn's Divorce Proceeding

Posted on January 03, 2008
Santa Clara County Divorce Lawyer Comments on Sean Penn?s Divorce Proceedings On December 21, 2007, Robin Wright Penn filed for divorce from husband, Sean Penn, with the Marin County Superior Court, citing irreconcilable differences. The couple was married in 1996 and have two minor children together: Dylan Frances, 16, and Hopper Jack, 14...

San Jose Family Atttorney speaks about Totten Trusts

Posted on January 02, 2008
San Jose Divorce Attorney There many ways for a person to pass their estate to their children at their death. The most commonly known way is through a Will. A Will is usually a formal document outlining how a person wants to distribute all their assets after passing away...

Monterey Family lawyer comments on TV star's child support case

Posted on December 14, 2007
San Jose Family Lawyer Goran Visnjic had agreed to pay $1,800.00 per month in child support to a Croatian woman who filed a suit against him in Croatian court. Visnjic originally contested her claim that he was the father of the child, who was conceived in 2006...

San Jose Divorce Attorney Comments on Jessica Alba's Pregnancy

Posted on December 13, 2007
San Jose Family Attorney With divorce rates what they are today its not surprising that so many couples are choosing to start a family together without taking the traditional walk down the aisle first. That is the case with actress Jessica Alba and her boyfriend Cash Warren who just announced they are expecting a child in the spring of next year...

San Jose Divorce Lawyer comments on Gambling during the marriage

Posted on December 12, 2007
Under the California Family Code, debt incurred during a marriage is considered community property or each party owes half of it. While community debt common for auto loans, mortgages, or credit card debt, does it also apply to gambling debt? For example, if a husband went to Reno and bet $10,000...

San Jose Divorce Attorney Discusses Child Support for the Rich

Posted on December 10, 2007
Almost everyday in the news we hear about some celebrity divorcing which means there is child support to be paid. Unfortunately for Tracy McGrady he will be spending his time this season in both the basketball family courts. As a Houston Rockets guard and Adidas spokesman McGrady earns a $20 million dollar annual salary...

San Jose Family Attorney Move-Away Contests in Child Custody Cases

Posted on December 07, 2007
ursuant to the California Family Code, the parent with physical custody of a minor child has the presumptive right to change the child?s residence. That is to say, the parent with physical custody can move away with the child and the courts will not interfere with that decision unless the move is detrimental to the child...

San Jose Family Lawyer

Posted on December 05, 2007
Actor Timothy Busfield?s wife has filed for divorce after nineteen years of marriage, according to the Associated Press. The parties have a sixteen year old son, and Busfield?s wife is seeking joint legal and physical custody. News reports are citing irreconcilable differences as the grounds for the dissolution...

San Jose Divorce attorney discusses new online legal resource for woman

Posted on December 03, 2007
Woman who are separated, divorced, or facing divorce can now turn to a online resource which provides practical tips, advice, and a support network all for free. The Modern Woman?s Guide to Divorce, is a site created by Helene Taylor, a former family law attorney based in the Bay Area...

San Jose Family Law Attorney Discusses Visitation Rights for Parents and Nonparents

Posted on December 02, 2007
Generally, in making a child custody order between parents, the court must grant the noncustodial parent reasonable visitation rights unless it is shown that visitation would be detrimental to the best interest of the child. This is because it is considered of utmost important for the minor child to have frequent and continuing contact with both parents...

San Jose Divorce Lawyer Comments on Britney Spears Holiday Visitation Fight

Posted on November 30, 2007
On November 26, 2007, Britney Spears was granted visitation with her two sons with Kevin Federline on Christmas morning. Currently Federline has full custody of both Sean and Jayden and Spears has only two weekly supervised visits, one of which is overnight...

San Jose Divorce Lawyer Talks About ?Possible Reconciliation?

Posted on November 29, 2007
In the eyes of the law, it takes two to agree to a marriage but only one to force a divorce. Or does it? Under the California Family Code, the spouse asking for the divorce need only cite ?irreconcilable differences? as the reason for divorce for it to be granted by the court...

San Jose divorce attorney comments on division the Moore-Marsden formula

Posted on November 28, 2007
The general rule when it comes to dividing marital property at dissolution, also referred to as community property, is equal division. For example, if a married couple purchases a home together, each party is entitled to a one-half interest in the equity of that home they purchased together...

Fremont Divorce Attorney Talks About An Alternative to Spousal Support

Posted on November 26, 2007
When two people get divorced, the best advice they could ever receive is ?move on.? The marriage is over and the parties need to move on and rebuild their lives. However, the California Family Code does not always give people the option to move on. The law allows for a spouse to ask for spousal support (also called alimony) from the other spouse who makes significantly more...