Family Law

What is Putitive Marriage?

Posted on August 05, 2010
A San Jose Family Law Attorney blogs on the definition of a putitive marriage A putative marriage is a egally invalid marriage, although entered into with good faith by one or both parites. Reasons that a putitive marriage is not legally binding would be because of a technical barrier (called an impediment), for example if one party in the putitive marriage has a preexistent marriage...

Surcharges on Unpaid Child Support

Posted on July 29, 2010
San Jose Family Law Attorney comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time. To cut down on the amount of unpaid child support, many states have enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts...

What is Mediation?

Posted on July 21, 2010
A San Jose family law attorney defines mediation with regard to spouses. Mediation is defined as a negotiation between two people which is conducted by an impartial party. Often, couples that are seeking separation and/or divorce seek this out as an avenue to reach a mutual decision anywhere from whether they will actually divorce or separate, to child custody issues, alimoney issues and any other solvable matters that they do not wish to address in costly court battles...

Child Custody Statistics

Posted on July 20, 2010
A San Jose family law attorney sites child custody statistics according to various resources. Today's child custody statistic: According to this website, when parents first separate, 67% of the time the children remain in the marital home with the mother...

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San Jose Bankruptcy Attorney comments on the largest celebrity bankruptcy and divorce filings of the decade.

Posted on July 16, 2010
A San Jose family law attorney explains domestic partnership A domestic partnership is a legally recognized relationship between a cohabitating (living together) couple who are not legally married via marriage certificate or contract or via a civil ceremony...

What is Alimony?

Posted on July 15, 2010
A San Jose family law attorney defines Alimony... Alimony is also known as spousal support. Alimony, or the amount (in dollars, property, etc.) of spousal support that one spouse will provide to another during divorce or separation is determined by many factors that can include the length of the marriage, the support during the marriage, and is considered a contunuation of that support to be provided after the marriage (or in some cases common law marriage) has ended...

The Famous Five: Celebrity Divorce and Destruction

Posted on July 14, 2010
A San Jose family law attorney comments on celebrity splits Time again for another edition of The Famous Five: celebrity divorces, custoday battles and all around "really...???" moments of the rich and (in)famous.... Paul McArtney and Heather Mills settled their divorce amidst much media mayhem and controversey over Mills request for a $125 million settlement...

How is Child Custody Decided?

Posted on July 13, 2010
A San Jose family law attorney comments on ways in which child custody is decided: What are some ways in which child custody and visitation decided? Child custody can be agreed by the parents, on their own. Child custody matters can be settled with third party involvement...

Divorce Du Jour: Tiger Woods

Posted on July 12, 2010
A San Jose Family Law attorney observes the downward spiral of celebrity divorce in the media... Aside from the 750 mil rumour surrounding the Tiger Woods/Elan divorce settlement, TMZ now reports that one of Tiger Wood's lovers, Rachel Uchitel (touted as his #1 mistress) will check into "Celebrity Rehab" with Dr...

What is an Annulment?

Posted on July 09, 2010
A San Jose family law attorney comments on the term annulment... An annulment is a legal proceeding that renders a marriage as "null and void" and differs from divorce in that by its very definition, the annulment essentially means the marriage never existed...

Estate Planning when Filing for Divorce

Posted on July 08, 2010
A San Jose family law attorney comments on estate planning as a factor when filing for divorce. Forbes.com recently published some estate planning factors to consider if you are about to file for divorce or considering filing for divorce. To gain clarity on all aspects of divorce, you must seek the advice of a family law attorney but to summarize, the estate planning topics included choosing a new executor of your will if you care to, choosing a new medical power of attorney other than your spouse (especially if your divorce or situation is contentious), update your estate planning documents before the divorce is final, and updating your will and life insurance policies...

The Famous Five: Celebrity Divorce and Destruction

Posted on July 07, 2010
A San Jose family law attorney comments on celebrity splits Time again for another edition of The Famous Five: celebrity divorces, custoday battles and all around "really...???" moments of the rich and (in)famous.... Gloria Vanderbilt the 11-year-old daughter of Reginald Vanderbilt was eventually awarded to her paternal aunt over her mother in the media-soaked custody battle after the death of her father...

Lindsay in the Clink

Posted on July 06, 2010
A San Jose family law attorney comments on Lindsay's status with the law. So, 90 days in jail for Ms. Lohan at the gavel of Judge Marsha Revel in Beverly Hills Court today, according to TMZ.com and other sources. Lindsey?s genuine-seeming shock was only outshined by her plea that she had been good in ?the past couple of weeks? with regard to her missing mandatory alcohol education classes as part of her 2007 probation...

Divorce du Jour: Sandy n Jesse

Posted on July 05, 2010
According to an article in Us Magazine, uber celebrity Sandra Bullock has reportedly finalized the deets of her split from Jesse James. The 45-year-old actress filed for divorce on April 23rd of this year in Travis County Court in Austin, TX where she lives...

What is Child Custody?

Posted on July 02, 2010
A San Jose family law attorney gives a general definition of child custody... Custody is a legal term that most commonly pertains to child custody with regard to divorce and terms of a divorce settlement. Two key factors of child custody, meaning the legal relationship between a parent and child, are the parental duties to care for the child and the parental right to make decisions on behalf of the child...

What is a Common Law Marriage?

Posted on July 01, 2010
A San Jose Family Law Attorney defines common law mariage A common law marriage os one that is created via cohabitation for a certain period of time (as oppsed to a marriage created by a ceremony). The period of time for a common law marriage is significant, and cohabitation alone does not define a common law marriage...

San Jose Bankruptcy Attorney comments on the largest celebrity bankruptcy and divorce filings of the decade.

Posted on December 31, 2009
San Jose Bankruptcy Attorney  comments on the largest celebrity bankruptcy and divorce filings of the decade. The Top 5 celebrity divorces of the decade ending this week include: Kevin Coster and Cindy Silva?s divorce cost the ?Dances With Wolves? star an estimated $80 million...

San Jose Bankruptcy Attorney comments on the bankruptcy and divorce of the gunman who killed a San Diego casino employee.

Posted on December 31, 2009
San Jose Bankruptcy Attorney  comments on the bankruptcy and divorce of the gunman who killed a San Diego casino employee. Donnell Roberts, who had recently been fired by the Barona Gaming Commission, barged into the Barona Resort and Casino offices and shot and killed Raymundo Castillas, a manager at the facility...

San Jose Bankruptcy Attorney comments on the divorce, debt, and possible bankruptcy of Jon Gosselin

Posted on December 29, 2009
San Jose Bankruptcy Attorney  comments on the divorce, debt, and possible bankruptcy of Jon Gosselin Jon Gosselin, former star of ?Jon & Kate Plus 8? has had a very memorable year.  First, the couple was allegedly facing severe financial difficulties with an unsold home and mounting debts...

San Jose Bankruptcy Attorney comments on the bankruptcy and alleged divorce plans of Josh and Susan Powell.

Posted on December 25, 2009
San Jose Bankruptcy Attorney  comments on the bankruptcy and alleged divorce plans of Josh and Susan Powell. Susan Powell, a Utah mother who has been missing since December 7, reportedly had made financial plans in the event her marriage to Josh Powell ended in divorce, or he attempted to kidnap her two sons and empty her bank accounts...

San Jose Bankruptcy Attorney comments the alleged prenuptial agreement between Tiger Woods and his wife Elin that will cost the golfer $300 million if they divorce.

Posted on December 23, 2009
San Jose Bankruptcy Attorney  comments the alleged prenuptial agreement between Tiger Woods and his wife Elin that will cost the golfer $300 million if they divorce. Tiger Woods? peccadilloes are well documented.  Rumors of impending divorce and his wife Elin contacting family law attorneys have set the stage for a 2010 celebrity divorce which will be part of a media feeding frenzy...

San Jose Bankruptcy Attorney comments on a recent study that shows that middle-class divorced women and single mothers are most vulnerable to bankruptcy.

Posted on December 21, 2009
San Jose Bankruptcy Attorney  comments on a recent study that shows that middle-class divorced women and single mothers are most vulnerable to bankruptcy. A recent study by Harvard Professor Elizabeth Warren demonstrates that educated, middle-class women are most vulnerable to bankruptcy...

San Jose Bankruptcy Attorney comments on the continuing divorce and bankruptcy travails of Denny Hecker.

Posted on December 18, 2009
San Jose Bankruptcy Attorney   comments on the continuing divorce and bankruptcy travails of Denny Hecker. The collapse of Denny Hecker?s automotive empire and marriage have been well-documented in the bankruptcy and divorce proceedings that have been underway for months...

San Jose Bankruptcy Attorney comments on how local government budget cuts are severely impacting child support collection efforts.

Posted on December 11, 2009
San Jose Bankruptcy Attorney   comments on how local government budget cuts are severely impacting child support collection efforts. This recession has hit the public sector especially hard, as state and local governments have frozen payrolls, or in many instances, reduced the number of employees...

San Jose Bankruptcy Attorney comments on the unfolding bankruptcy and divorce drama surrounding the person who is rumored to have inspired ?The Case Runner.?

Posted on December 09, 2009
San Jose Bankruptcy Attorney   comments on the unfolding bankruptcy and divorce drama surrounding the person who is rumored to have inspired ?The Case Runner.? Willie Garcia, the person many in South Texas believe to be the inspiration for the novel ?The Case Runner?  is embroiled in a legal saga of his own that is nearly as compelling as ?The Case Runner...

San Jose Bankruptcy Attorney comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time.

Posted on December 07, 2009
San Jose Bankruptcy Attorney  comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time. To cut down on the amount of unpaid child support, many states have enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts...

San Jose Bankruptcy Attorney comments on the ongoing Denny Hecker divorce and bankruptcy saga.

Posted on December 02, 2009
San Jose Bankruptcy Attorney  comments on the ongoing Denny Hecker divorce and bankruptcy saga. As Denny Hecker?s empire continues to crumble around him, his attempts to avoid paying spousal support to his wife Tamitha were rebuffed by a Minnesota divorce court judge...

San Jose Bankruptcy Attorney comments on one of Britain?s most expensive divorce battles.

Posted on December 01, 2009
San Jose Bankruptcy Attorney  comments on one of Britain?s most expensive divorce battles. One of Great Britain?s most expensive, and most public, divorce battles took an unusual turn last week when Michelle Young was evicted from her £8,666 per month Regent?s Park Townhouse for failure to pay the rent...

San Jose Bankruptcy Attorney comments on Estelle Walgreen?s rise from the ashes of bankruptcy, losing her home, and a divorce, to launching a Hispanic new media company.

Posted on November 27, 2009
San Jose Bankruptcy Attorney  comments on Estelle Walgreen?s rise from the ashes of bankruptcy, losing her home, and a divorce, to launching a Hispanic new media company. Estelle Walgreen has made headlines for much of her life.  Once married to and now divorced from Charles Walgreen, an heir to the company fortune, Ms...

San Jose Bankruptcy Attorney comments on a lawsuit filed by a West Virginia woman against the state over unpaid child support following her ex-husband?s bankruptcy.

Posted on November 23, 2009
San Jose Bankruptcy Attorney  comments on a lawsuit filed by a West Virginia woman against the state over unpaid child support following her ex-husband?s bankruptcy. A West Virginia woman is suing the state Department of Health and Human Resources because she alleges that it did not file her child support claim in a timely manner following her ex-husband?s bankruptcy filing...

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