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Family Law

San Jose Divorce Law and Family Law Lawyer Blog

Musings on being a family law lawyer and divorce law lawyer in Santa Clara County.
By James Chau

Post Frequency: 1.1/day

Last Entry: April 09, 2012 at 16:00:01

Difficulties in Same Sex DIvorce

Posted on April 09, 2012
This is a topic I've written about several times before in my blog. The patchwork of laws out there are proving very difficult for same sex married couples to get divorced. If you thought getting married for a gay couple was difficult, think again. Gay divorce is proving to be very difficult legally for many couples as I found when reading an article recently...

Child Custody and Successful Co Parenting Tips

Posted on April 09, 2012
Many times in my practice when the parties are undergoing a child custody/ visitation dispute I often stress the importance of co-parenting. It may seem like a vague concept but for the parents they need to get used to the idea of sharing parenting responsibility even more now that they are going through a divorce...

Children of Divorce and their Education

Posted on April 09, 2012
Parents have a difficult time getting their kids to do their homework in normal circumstances. When the children are undergoing a divorce their academics take an even more backseat in their lives. Many children struggle with their studies, especially those children whose parents are currently in the process of divorce...

Family Law / Divorce and Taxes

Posted on April 09, 2012
It?s tax season again! I thought it would be nice to briefly cover an article that talks about the effects of taxes on divorce.Tax season is already a stressful time of year for many people and divorce only adds to the complexity. One of the first issues people face when they are separated, but not yet divorced, is their filing status...

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Spousal Support Reform Coming Under Criticism

Posted on December 02, 2011
Everybody knows that spousal support is basically a monthly sum of money paid to a spouse by the higher earning spouse for a specific period of time. The amount of support is either agreed upon or based on the earning spouse's ability to pay and the needs of the non-earning spouse...

California Courts Open to Out of State Same Sex Divorces ?

Posted on December 02, 2011
According to a recent article out of state residents may be soon able to file for divorce in California. One of the legal obstacles facing same sex partners is the lack of access to courts to dissolve their relationship once the partnership ends.Apparently in states like Texas, Oklahoma, Rhode Island judges have refused to grant divorces to lesbian or gay couples who went elsewhere to get married or have relocated with the reasoning that granting a divorce would constitute a form of official recognition of their marriage...

Grandparents Visitation Rights

Posted on December 02, 2011
Recently, an article concerning the Connecticut Grandparents Visitation Rights Task Force began drafting legislation that will help grandparents gain more rights in Connecticut. The Task Force is comprised of representatives from the Aging, Judiciary and Children?s committees of the state Legislature, representatives from the Department of Children and Families, and included judges and lawyers who work in related fields...

Oklahoma Fatherhood Programs

Posted on December 02, 2011
A recent article I read concluded that Oklahoma needs more programs geared towards helping inexperienced fathers make support payments and generally preparing men for what comes with being a father. There are many unknowns one faces when becoming a father for the first time to an unmarried woman, or to being a father in the midst of a divorce...

Thoughts on Divorce Discovery Process and Trial Preparation

Posted on October 31, 2011
I thought it would be helpful to go over a digest version of the process of trial preparation and discovery for divorce. An article I found gives a helpful overview of the process for those who are considering hiring an attorney. Please note this is not specific legal advice for you and your case it is simply a legal process that some attorneys may take...

Spousal Support / Alimony when Sharing a Residence

Posted on October 31, 2011
According to a recent article, The South Carolina Supreme Court has decided that couples seeking a divorce must live apart in order for one spouse to seek support.In the great economic recession that the United States is under, it just makes it that much harder to obtain a divorce...

Perils of Social Networking and Divorce

Posted on October 31, 2011
Many of us have become obsessed with social networking whether it?s Facebook, Myspace, or Twitter. Many attorneys today are warning their clients to keep off of social media sites.According to a recent article, the average person can find information on another person (much cheaper that hiring a private investigator) just by doing a simple search...

Don't Make Divorce More Nasty

Posted on October 31, 2011
Many people when undergoing a divorce think that playing nasty tactics on their ex spouse can help them to either attain an advantage or emotionally satisfy them. I always advise against doing anything unnecessary. For one, it can emotionally awake the other side to up the ante in increasing unnecessary roughness...

Permanent Spousal Support and Self Employed Business

Posted on July 24, 2011
Here?s a recent article regarding the Court?s process of estimating support.In many divorce cases the Court has to estimate the future income of the party who will be paying spousal support in order to determine the amount of support to be paid. When a person has been employed for the same company for several years, it can be fairly easy to estimate that person's future income...

Wyoming and Same Sex Marriage

Posted on July 24, 2011
A recent article states that Wyoming has reversed a lower court's refusal to hear a petition by a lesbian couple seeking to end the marriage they entered into in Canada. Trial court had ruled that since Wyoming does not allow same-sex couples to get married there, they could not grant a divorce...

Grandparents and Visitation Rights

Posted on July 24, 2011
Many people are confused or don?t realize that grandparents have rights for visitation with their grandchildren. There are many resources available on the Internet. Here is a brief summary of an article I found regarding grandparent?s rights to visitation...

Helpful Divorce Settement Negotiation Tips

Posted on June 19, 2011
Thinking about divorce, negotiation, or mediation? I came across a good article that might offer some tips in negotiating your settlement.When it comes to be time for your divorce you may be angry. Don?t get upset. An attorney can assess your situation and discuss your options...

Child Custody Rising Support for Joint Custody

Posted on June 19, 2011
According to a recent article, new studies show that the public favors equal custody of children whose parents have divorced.According to the article, researchers cite polls and ballot initiatives which showed there was great public support for equal custody...

Navigating Summer Timeshare and Divorce

Posted on June 19, 2011
When going through your plans for the summer, navigating the complicated schedules and short time periods can be difficult to say the least. When you are divorced make it doubly difficult. Trying to make summer time plans for the kids? It can be complicated if your divorced and trying to work out plans for the summer...

Why is Divorce Terrifying for Women

Posted on June 19, 2011
Why is divorce so terrifying to women? Well, a recent article I read attempts to speak about this issue. Apparently, the article theorizes that it all goes back to the days when pre-historic man lived in caves. Men hunted and women took care of the children and cooked the food...

Tips on Saving Money During a Divorce

Posted on May 20, 2011
I thought today I would go over some tips an article online give on how to save money during a divorce. According to the article, divorce rates usually fall during a recession because people can not afford to go through the process. But for the ones who can not wait and must go through a divorce, the process does not have to mean the destruction of their finances...

Risks of Do It Yourself Divorce

Posted on May 19, 2011
I recently found an article regarding the woes that can follow if you use a ?do-it-yourself? website to help you complete your divorce paperwork.It's an all too common scenario when the parties think that to save money they will go to a paralegal or go to a document preparation company to get the forms and do their divorce themselves...

Tips to Think About Before Meeting with a Divorce Lawyer

Posted on May 19, 2011
Here?s an article with some tips on how to be prepared prior to meeting an attorney regarding a possible divorce.According to the article, most experts recommend being transparent and upfront with your financial information. That way when determining how to split the finances equitably the parties can not spend extra money digging for information...

The Rise of Facebook and Divorces / Dissolution of Marriage

Posted on April 19, 2011
Facebook has often been cited in the media for the cause of divorces. A recent article says that Facebook is cited in many divorce proceedings. Social networking sites help us to keep in touch with friends and family, plan social events, and share photos...

Helpful Steps When Considering a Divorce / Dissolution

Posted on April 18, 2011
I found a helpful article with the steps to take before divorce. These are tips that are provided by the author of the article. 1. Knowledge is power. Know where you and your spouse has bank accounts, insurance policies, CD accounts, etc., and important documents such as social security cards, passports, birth and stock certificates, pension details, and any other employee benefits...

US Military Personell and Divorce Rates

Posted on February 26, 2011
According a recent article, the divorce rate among soldiers has increased in the last year as military marriages suffered continuing stress from two ongoing wars.There were an estimated 10,200 failed marriages in the active duty Army and 3,077 among Marines, according to the Associated Press...

Other States Initiating Alimony Spousal Support Reform

Posted on February 26, 2011
I recently found an article regarding alimony reform in Massachusetts that the changes that may come with it. In Massachusetts, the Alimony Reform Act of 2011 could drastically change the state?s alimony system. Judges would retain some discretion. The bill includes the following changes:? Alimony would come to an end when the paying spouse reaches retirement age...

US Divorce Rates at Their Lowest

Posted on February 26, 2011
According an article online, the national per capita divorce rate has declined steadily and is now at its lowest level since 1970. The numbers like any statistic can be analyzed in a myriad of ways. Some experts say divorces are down mainly because more couples live together without marrying...

California Community Property Comparisons

Posted on February 26, 2011
Every state has a different set of divorce laws about distributing assets between the Petitioner and Respondent. I?ve found an article that briefly covers community property and equitable property.California along with several other states is a community property state...

Tips for Making the Big Decision Whether to Go For a Divorce

Posted on February 17, 2011
I found an article with a guide on how to tell your spouse that you want a divorce. The article cites to tips that are helpful in getting over the guilt about wanting to stay together for the sake of the children, or over guilt about not wanting to give up...

Tax Issues and Divorce, Alimony and Child Support

Posted on February 17, 2011
It?s tax season again and I thought it would be interesting to do a little blog on an article that touches on taxes and divorce.Alimony is support specifically made to a spouse so that they are supported with food, clothing and shelter. Child support is exactly the same, in regards to the support of the child for food, clothing, and shelter...

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