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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: 10/day

Last Entry: October 23, 2009 at 15:40:00

Financial Counseling Pre Marriage

Posted on October 23, 2009
A great article regarding financial questions that couples should ask prior to getting married. Everybody knows that divorce is a unfortunate reality when one enters the union of marriage. According to the news story the average rate of divorce in this country is 45%...

Co-Parenting for Divorced Families

Posted on October 16, 2009
I have written before about the benefits of co-parenting classes. I found another great article touting the benefits of co-parenting class for saving the family relationship during a divorce. The family in the article were too busy being angry at each other to notice that their children were acting out and becoming depressed by the constant battling...

Parenting Courses and Divorce, Family Law

Posted on October 05, 2009
I found a great article today about parenting classes in divorce custody battles. The article stresses how it really changed the dynamics of a couples child after the parenting course. The child originally went from being scared to being calm again during the custody visitation...

Alienation of Affection Lawsuits In Conservative States

Posted on October 05, 2009
I read a really great article about North Carolina changing their law books to deny the filing of a lawsuit called Alienation of affection against a third party during a married couples formal separation. Some critics argue that this will make the one year separation period required in North Carolina moot, which originally was intended to allow married couples a chance to reconcile...

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Mens Divorce in California for Fathers

Posted on September 28, 2009
If anyone recalls, Alec Baldwin speaking horrible things into a answering phone during his custody battle with actress Kim Basinger, one can see that a divorce litigation really brings out the worst in people. In an interesting story, there is a real need it appears for men going through divorce to band together and change the family law statutes in place today...

Christian Divorce

Posted on September 28, 2009
I came across a good article about practicing law with a spiritual basis. According to the story, a family lawyer in North Carolina started out practicing lawyering the traditional way which we are all taught to do. The client comes to you and asks you to achieve their objectives as much as possible...

Fear of Commitment and Fear of Divorce

Posted on September 22, 2009
I found an interesting article on MSNBC regarding a concerned reader who loves her boyfriend but he won?t marry her because he is afraid of the divorce rate. It is true that divorce is at an all time high, but that does not mean that parties should not take the leap of marriage...

Immigration and Divorce

Posted on September 22, 2009
I came across an good article reading the immigration aspects of divorce. While I don?t claim to be an immigration attorney, I often come across clients who have immigration issues with their divorce.For that reason it is important to consult with an immigration attorney when you are facing immigration issues in your divorce process...

Affordable and Cheap Divorce in California

Posted on September 09, 2009
I read a recent article in the Examiner regarding ?obtaining a cheap divorce in California.? While I often tell potential clients that you usually get what you pay for, and a large part of my job is fixing the mistakes that clients make when they do it themselves...

Divorce Survival Tips

Posted on August 31, 2009
A very good story in the Chicago Tribune about Divorce Survival tips today. Here is the list of tips that the article cites. They are written by a counselor who counsels clients working through a divorce. No doubt divorce can be a traumatizing and emotionally devastating time in someone life...

Long Term Marriages ending in Divorce

Posted on August 31, 2009
According to the National News in Australia, there appears to be a trend of long term marriages in Australia ending in divorce. It appears that couples are no longer willing to stick out a broken marriage once the children have left the household.An interesting anecdote from the article is that while long term marriages seem to be ending in divorce at higher rates, the overall divorce rate is lowering, while the marriage rate is going up...

Longer Hours at Work Doesn't Lead to Higher Risk of Divorce

Posted on June 05, 2009
According to an article in today's The Australian, couples in which men are working long hours are no more likely to divorce than those in which males are working the usual 40-hour work week. Conversely, those extra hours may just be the extra insurance to those marriages...

Divorce News of the Weird: No Sex? No Divorce for You!

Posted on May 12, 2009
In previous postings, I've blogged about the demand for a kidney or the demand for a $100mil shopping spree as settlements for divorce. This time around, we have a weird case for grounds for divorce out of Seoul, South Korea.According to a report in the Korea Times, a court has refused to accept a divorce filing by a married man who has not had sex with his wife in 10 years...

More Couples Ambivalent about Divorce

Posted on April 28, 2009
According to a press release by the National Council on Family Relations, a new study in the Journal of Marriage and Family reports "ambivalent acceptance of divorce rather than a full embrace of it." The study suggests that divorce rates may have plunged during the 20th Century, not necessarily due to acceptance of divorce but, rather, the absence of debate over its merits and pitfalls, thus creating ambivalence about divorce as a norm...

The Luxury of a Divorce

Posted on March 31, 2009
According to a post in the Guardian.co.ukThe Observer, a marital collapse in a Connecticut courtroom has been dubbed by some as the "divorce of the century." George David, 66-year old chairman of United Technologies, is attempting to divorce 36-year old Countess Marie Douglas-David...

Divorce Bankrupts a Heart but Shouldn't Bankrupt your Means

Posted on March 17, 2009
It appears that even the affluent are not immune from the effects of a global recession. According to a news article in the U.K.'s Telegraph, a millionaire tycoon going through a divorce is attempting to renegotiate the terms of his settlement to avoid having no money left to sustain himself...

The Outcome of Same Sex Marriage in California

Posted on March 06, 2009
Today marked what many Californians may have considered a day of "reckoning", as the California Supreme Court took up oral arguments to decide the fate of Proposition 8 -- the same-sex marriage ban. Proposition 8, which prohibits same-sex marriage in California, was approved by voters last November in a narrow 52% to 48% margin...

Court Says No Kidney and No Money in NY Divorce Case

Posted on February 26, 2009
Following up on a previous post about a New York doctor demanding the return of one of his kidneys as compensation in his divorce settlement, the New York State Supreme Court has just spurned his demands for the return of his organ or for monetary compensation...

Dr. Phil Says No on Divorce Guest

Posted on February 21, 2009
Dr. Phil McGraw of the Dr. Phil show has apparently had the final word over a New York state Supreme Court judge regarding a 47-year old Westchester man appearing on his popular talk show to discuss his divorce.James White, a real estate agent from White Plains, prepared to fly to Los Angeles to be on the show until his ex-wife Theresa Mazzella discovered his plan and took him to court...

Valetine's Day Divorcees Find a Nice Way to Play

Posted on February 12, 2009
As Valentine's Day approaches, some couples in Texas calling it quits can choose to "play nice" with a new type of approach to divorce, according to a PR Newswire article.More private and cost-effective than traditional divorce court, new "collaborative law" (CL) cases being suggested by attorneys allow divorces to happen outside the court system...

Massachusetts Same Sex Marriage Couple Files for Divorce

Posted on February 04, 2009
The public face of same-sex marriage in Massachusetts became an appearance of divorce as one of the pioneering couples of same-sex marriage there called it quits after 4 years of marriage. Julia and Hillary Goodridge, along with six other LGBT couples, had filed a lawsuit in 2004 in Massachusetts, making the state the first in the nation to allow same-sex marriages...

Divorce State and Divorces in Marriage

Posted on January 29, 2009
While California seemingly becomes more of a divorce state economically from more divorces in jobs from company layoffs, more divorces in marriages are happening couples cut the knot.Inevitably as one goes through the process, a multitude of questions arise...

Can Divorce Lead to Asthma in your Kids?

Posted on January 20, 2009
In an interesting Reuters news article, a study published in the journal Psychosomatic Medicine suggests that children who suffer stressful adversities such divorce and who are anxious or depressed are at an increased risk for developing asthma as adults...

New York Divorcee Gets Heart Broken and Demands Kidney in Return

Posted on January 14, 2009
Property division to determine who gets what is a common part of filing for divorce, but what if one of those assets included a human organ? That's what one divorcee in New York is seeking according to a Yahoo news article.Richard Batista, a Long Island surgeon, donated one of his kidneys to his wife 8 years ago, only to subsequently accuse her of cheating and then filing for divorce...

Divorce in a Recession

Posted on December 30, 2008
Today in the Yahoo news, a very interesting article was published regarding Divorce inquiries are on the rise in China in the tightening economy.It is not a surprise that couples are inquiring about the timing of their divorce as the economy worsens. I have noticed a spike in requests lately as couples determine when is the appropriate time to seek a divorce...

Divorce During the Holidays

Posted on December 25, 2008
Divorce during the Holidays, Christmas, Hanukkah can be a highly stressful time for newly divorced or those going through a divorce. An interesting article gives some tips for surviving the holidays for divorced couples.The problem is that many people going through it can feel overwhelmed with the emotions of having to remember the prior family life...

Dad's Child Custody and Divorce

Posted on December 17, 2008
A really fascinating a href="http://www.newsweek.com/id/174790/page/1"article /awhich I span class="blsp-spelling-corrected" id="SPELLING_ERROR_0"recommend/span as a must read for any parent going through a custody situation with their ex spouse.br /br /The articles goes through the traditional view of custody and how it has evolved because of fathers advocacy groups...

Military Divorces are on the Rise

Posted on December 05, 2008
A recent article in the TPM points out that military divorces are on the rise. It is no wonder with the back to back wars in Afghanistan and Iraq. The stress of being deployed overseas and the struggling economy in America are really pushing these couples to the brink...

Madonna and Guy Ritchie Celebrity Divorce

Posted on November 20, 2008
An online source, is reporting that pop star Madonna and Guy Ritchie have reached a quick settlement in their divorce. Most in the media were speculating that the proceedings would get ugly and Mr. Ritchie would walk away with half of Madonna's fortune...

Legal Analysis of Post Prop 8 Gay Marriage Vote

Posted on November 07, 2008
I came across a very interesting analysis done by emedia which analyzed the uncertain legal future after prop 8 passed.The basis for the Supreme Courts decision was that Prop 22 voted on by the people in 2000 was unconstitutional because it denied equal rights for same sex partners...

Retirement Older Couples and Divorce

Posted on November 07, 2008
A recent trend according to an article is couples who are initiating a divorce later in life. It appears that feminism is striking women to file for divorce later in life to save their emotional health.While I believe divorce is appropriate at any age when a party is truly unhappy, it makes no sense to stay in an unhealthy relationship...

How do gay couples divorce

Posted on October 26, 2008
In Britain, despite the headlines surrounding the high profile celebrity divorce of Madonna and Guy Ritchie, there is another celebrity divorce taking place, Comedian Matt Lucas and his partner Kevin McGee. The BBC News is reporting that, they have filed for dissolution after a mere 22 months long...

Family Law Contempt

Posted on September 25, 2008
The governor of Nevada has filed for divorce from his wife of many years. One of the first things that must be done in every divorce is to exchange financial information called preliminary disclosures. It is necessary to determine the disclosures so that settlement negotiations can begin...

Celebrity Divorces

Posted on September 25, 2008
A news website is reporting that actor Chris Kattan from Saturday Night Life has just filed for divorce from his estranged wife of eight weeks!Apparently the couple had been dating for several years, but once they decided to get married the entire relationship went south...

Protecting Credit During Divorce Santa Clara County

Posted on September 24, 2008
Most people know that divorce is not an easy process. It is one of the most difficult things a person can do. I came across some tips for people to protect their credit score during a divorce.According to an american chronicle story, the article states one should obtain a credit report and address their credit problems immediately...

No Fault Divorce

Posted on September 08, 2008
An interesting article in Newsday.com reads that womens groups who once applauded no fault divorce are not rethinking its impact on women.California where I practice, as most people know is a no fault state. That means that a couple can get divorced for any reason, the most common being irreconcileable differences...

Financial Tips During a Divorce

Posted on September 08, 2008
According to the Ottawa Business Journal, they are providing some financial tips that may help couples get through a divorce.I always tell my clients that a divorce will take longer than one expects. Often times, a person comes into my office and wants a divorce in a few months time...

Downturn in Economy and Divorce Rates

Posted on July 24, 2008
The Economist of britain is reporting that, the downturn in the economy is creating an increase in divorce rates among the wealthy. The paper reasons the reason for this is that the wealthy will have a lower settlement amount as the bonuses and increased pay shrinks and shrinks...

Youtube Divorce and Prenuptial Agreement Upheld

Posted on July 22, 2008
The Seattle times is reporting that the infamous New York woman who trashed her husband on youtube was granted a divorce. It appears she was not able to overturn the prenuptial agreement she signed 3 weeks prior to her wedding. I think this case illustrates the importance for privacy in divorce litigation, namely, the wife created such a spectacle she received no sympathy from the judge or anyone else...

Marriage Class

Posted on July 22, 2008
The idea has been debated for several years amongst social critics, which is whether it should be required that all prospective mates who want to get married should be required to take a marriage class prior to marriage. Well the idea is apparently being implemented in Shanghai as a class to prepare couples for married life...

California Same Sex Marriage

Posted on June 18, 2008
So you have to be living under a rock to not know that California is as of today officially allowing same sex marriages. Yes Marriages! Not domestic partnerships but full on marriages. What this means for people in California is that the court has recognized separate but equal is inherently unequal...

Earning Potential Impacts Divorce

Posted on May 28, 2008
In a divorce, the financial aspects of your ex spouse will have a bearing upon multiple factors such as spousal support and child support. FoxNews is reporting that in the messy high profile divorce of NJ Governor McGreevey, he is claiming that he is broke and not able to support wife in the lifestyle she is accustomed post divorce...

Credit cards and Divorce

Posted on April 07, 2008
It appears the PRLog is reporting what many people in the divorce business know already, financial strain is the primary cause of divorce for most couples. It appears that the article compiled a list of the top six financial mistakes that may ruin a marriage...

Britain Marriage Rates all time Low

Posted on March 27, 2008
The Times Online is reporting that in Britain the marriage rates are at an all time low. The paper is reporting that, with the tax incentives for married couples taken away, many people are finding the single life to be more attractive. That along with the recent high profile divorces of Paul McCartney and Heather Mills, perhaps many people are afraid to take that commitment...

For Custody Judges Now Consider Childrens Preferences

Posted on March 14, 2008
It appears that the new idea of having children being listened to in family matters is becoming more common globally. In Israel as, haaretz.com is reporting. The family courts are taking into consideration children's feelings when deciding family law concerns...

More and More Courts Upholding Prenuptial Agreements

Posted on February 17, 2008
The times of UK is reporting that, prenuptial agreements are being widely upheld.Prenuptial agreements while previously thought of as encouraging divorce are now a days important documents that actually promote marriage because they help couples to get married who otherwise would wish to keep their lives seperate...

New Year and New Divorces

Posted on January 15, 2008
The National Post is reporting that, with the coming new year, many married couples choose to proceed with a divorce after the holidays. It's no surprise to me, as I have noticed an increase in calls from individuals requesting information on how to get a divorce this January...

Divorce in 20 Minutes?

Posted on January 04, 2008
Apparently in Cuba, Divorce can be completed in a matter of 20 minutes. The Associated Press is reporting that in communist Cuba, where there are little issues of property and alimony theres hardly anything to fight over.Compare that to divorce in California, where the minimum divorce time is 6 months and 1 day...

No Divorce in Rhode Island for Same Sex Couples

Posted on December 09, 2007
So the legal limbo that started when Massachusetts became the only state in the union to legalize same sex marriage is continuing to occur until the Supreme Court tackles the issue.As Rueters is reporting, Rhode Island's family court system was faced with the issue of whether a lesbian couple married in Massachusetts could handle their divorce in Rhode Island...

International Child Support

Posted on November 28, 2007
It's a shame that laws have to be in place forcing people to pay for the support and maintenance of their children. As a news story is reporting, it's becoming harder and harder to avoid child support.Another example of how child support is becoming inescapable...

A New Tort for Parental Alienation

Posted on November 09, 2007
I just read this from the AP Press New Jersey. Apparently a man is attempting to create precedent in the Civil Courts, by filing a civil lawsuit against his wife for parental alienation in civil court.The man is claiming that his wife has alienated him from his two children by keeping them away from him and disparaging him in front of them...

Divorce in Ireland - Not so easy.

Posted on October 31, 2007
For as much as people complain about how slow the bureaucracy is here in the U.S. and how long a divorce proceeding takes, thank goodness we do not live in Ireland.The International Herald Tribune is reporting that the Family Courts in Ireland are so inadequate that, some courts devote a mere 4 days a month to family court cases...

No Longer the 7 Year Itch. How bout 5 Years?

Posted on October 29, 2007
Apparently as our faced paced society goes faster, and faster towards what we know not. Was it inevitable that the classic cliche of the 7 year itch would become more fast and streamlined as well? As the Independent is report, the 7 year itch according to studies is no longer 7...

Should Alimony Stop when Former Spouse enteres a Domestic Partnership?

Posted on October 25, 2007
So inevitably, this would happen, because of California's difficulty with treating same sex couples as separate but equal, the intersection of "real marriage" and "almost but not quite marriage" proves to be legally difficult.As the Orange County register is reporting, a man in California is seeking to terminate alimony because his former spouse is now currently in a domestic partnership...

Domestic Violence and the Koran

Posted on October 24, 2007
In an unexplicable case of cultural sensitivity gone awry, a German family court judge has cited passages from the Koran, which uphold a husbands right to beat his wife in domestic life. The couple from Morocco, had filed for speedy divorce under German law's requirement for a "hardship", citing beatings and death threats from her husband...

Real Life War of the Roses

Posted on October 20, 2007
So I read in the New York Post, that a real life version of the war of the roses is ocurring in Brooklyn New York.The former couple went as far as to get court order to install a wall put down the middle of the house they share to separate the two.Is this a good idea? I must assuredly say no...

Child Support Arrears and Passports

Posted on October 16, 2007
The associated press is reporting that.In another method the US government is employing to get parents to pay child support, the US government is now refusing anyone with over $2,500 in child support arrears from receiving a passport.This seems to be an effective way to get people to pay their child support obligations...

Alimony / Spousal Support after Sex Reassignment

Posted on October 15, 2007
Apparently, recent case law in Ohio, regarding alimony at least, has ruled that a sex change does not alter an agreement to pay spousal support. I don't really see how it matters as the underlying public policies are still present.The Ex wife became a man, and the Husband claimed that, since men do not need spousal support, that would render the original intention invalid...

Bad Marriage Bad For Health

Posted on October 12, 2007
A New York Times article is stating that a bad marriage may raise your heart disease risk.This seems in line with previous reports which state marriage is actually good for your health. Most likely the bad marriages contribute to increased stress which in turn may raise blood pressure and affect bodily health...

First Posting

Posted on October 12, 2007
I just created this blog, and this is my first posting. I would hope that this blog is a entertaining and educational place for people to read about Santa Clara County Family Court Santa Clara County Family Law issues, and for people to gain some insight into the complexities of the law...