Diary of a San Jose Divorce Law Lawyer Blog

Financial Counseling Pre Marriage

2009-10-23T11:40:00.000-07:00

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%. Divorce can be one of the most ruinous financial actions a couple can take. The financial consequences can be severe with a hotly contested divorce. The rate drops for people on their first marriage and then for college educated folks with similar religions.

Many people have heard of pre marital counseling to assess the couples compatibility with the realities of a marriage. Not many people have heard of pre marital financial counseling. The story recommends couples discuss several talks prior to getting married. 1) The parties are asked to discuss their parents financial ancestry. What type of financial habits did their parents have and what did their learn about money growing up. 2) What type of credit score they have, which is a reflection of their current financial health. Do they make late payments, do they over spend. Will this impact their ability to purchase a house in the future 3) Which party will take control of the household finances. It is not difficult if one person takes over and the other acquiesces, but if there is a power struggle from two people who are so used to handling their financial matters, it will bound to bring up conflict. 4) Finally, affluence, what type of affluence is the party hoping to achieve. If one party wants to be a multi millionaire and retire before 40 and the other is happy in a quiet middle class living, there will be conflict.

If you are unlucky to find yourself in a divorce please contact my Campbell San Jose Divorce Lawyer office. I serve Santa Clara County Family Law and the surrounding bay area.

Co-Parenting for Divorced Families

2009-10-16T14:07:00.000-07:00

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. They went from a period of restraining order against one another to now having family movie nights or going to soccer games together. The change has been dramatic.

The co parenting class teaches the parents to parent when they are no longer living together. The change is drastic enough that parents often need advice on how to navigate the challenges of the process. Another big thing the classes teach is to stop criticizing the other parent in front of the children. When a parent bad mouths the other parent in front of the children it creates a situation where the children feel as if they need to take sides. The creates much tension for the children and leads to behavioral problems. The article gave 4 tips for co-parenting. 1) Be respectful: Put your own feelings aside and remember that treating your ex well is the same as treating your child well. 2) Support your child's relationship with the other parent. 3) Consistently put your child first. It's not their fault. 4) Get some support yourself. The best gift you can give your kids is to be healthy.

I am a San Jose Divorce Lawyer, if you have any questions please contact my office. I also practice as a Sunnyvale Family Law Attorney.

Parenting Courses and Divorce, Family Law

2009-10-05T15:17:00.000-07:00

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.

Some of the things that the parenting course teaches the parent is, children must remain children and not act as adults in the relationship. Another important lesson is that the child needs both parents in their life. One parent should never use the child as a battle ground to hurt the other parent.

During divorces in the 60’s and 70’s there was often a standard custody arrangement. Custody went to the mother and fathers visited every other weekend. That was the standard arrangement then. Now with the increased focus on cooperation and parties finding greater time with the children, the arrangements are limitless.

In Santa Clara County parenting classes are often ordered in cases of domestic violence. But if there is a dispute over custody the parties first step is to go to parenting orientation prior to mediation. More extensive parenting courses will come into place upon request or more of a court finding for a need for them. If you have any San Jose Family Lawyer questions, I am an attorney that practices in Santa Clara County. I am a Milpitas Divorce Lawyer.

Alienation of Affection Lawsuits In Conservative States

2009-10-05T10:53:00.000-07:00

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. If during the formal separation the party is allowed to essentially “cheat” without consequence then that makes the requirement of a one year separation unnecessary some argue. The alienation of affection lawsuit allowed the aggrieved party to sue a third party for causing the breakdown of their marriage. Often the victor was able to get six figure damages. Other people argue that the cheating on the spouse is a symptom of the breakdown of the relationship not the cause of the breakdown.

Alienation of affection is an antiquated lawsuit that still exists in the more conservative states. In California fortunately we have a no fault divorce here. Which is a more modern concept. In California it is considered a no fault divorce state. What no fault means is that whatever the reason for the breakdown of the relationship, be it cheating or loss of love, there is no fault assigned to the party for the breakdown of the relationship. The no fault means there are no repercussions in spousal support or other areas of law to the “faulty” person.

I am a San Jose Divorce Lawyer practicing in Santa Clara County. If you have any Sunnyvale Family Lawyer needs please contact my office.

Mens Divorce in California for Fathers

2009-09-28T13:09:00.000-07:00

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. Many fathers complain that the typical visitation schedule of only 4 days is simply not enough. While I don’t agree that there is anything as a typical visitation schedule, an alternating weekend schedule is common. But that is where creative lawyering and parents working together come into play to find the best schedule for their children.

I always inform my clients that the while I can not change the statutes, if they do not like the family laws then their job is to write to congress and write to their senators to change the laws. I can only do what is in my power and under the law allows. When a party litigates a case, often what happens is one person gets the short end of the stick, an unfortunate reality in divorce litigation. I have not seen the film yet, but I do think that any review of the law is a good thing, if not for the purpose of ensuring it is the best out there for the modern family. . I am a San Jose Divorce Lawyer, practicing Family Law in the Santa Clara County.

Christian Divorce

2009-09-28T12:43:00.000-07:00

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. With this method the lawyer in the story was able to build a thriving law practice. Unfortunately, for the lawyer he felt unfulfilled practicing law the traditional way. The lawyer decided to go to seminary school and upon graduation started practicing law in a way that coincided with his world view. That meant for him trying to keep marriages together, counseling couples to work it out for the sake of the children.

I believe the law practice requires a personal touch. Whenever possible a lawyer should distinguish himself from his peers by practicing the way they feel best. While I do not share that lawyers views of practicing with a Christian perspective, I respect his desire to do so, and what appears to be a genuine need for that type of lawyer. I try to practice by avoiding conflict when allowed, and attempting reconciliation of issues as quickly as possible. It is true that a highly contested case is more likely to bring in the revenue, it does not make for a truly satisfied client. A client who is able to save money and accomplish their goals, reasonably is a truly satisfied client. I am a San Jose Divorce Lawyer, practicing Family Law in the Santa Clara County.

Fear of Commitment and Fear of Divorce

2009-09-22T17:36:00.001-07:00

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.

The Dr. stated that, the real issues to be concerned with are, does the boyfriend take commitment seriously. It is not realistic to expect every day of a marriage to be blissful, however is the partner ready to commit and hold on during the bad times. For a woman, there is added pressure because she biologically can not conceive naturally after a certain age. In the question, the reader states she has been dating her boyfriend for five years. Five years in the Dr’s opinion is plenty of time to determine if a couple is compatible or not. The Dr, states that there may be deeper issues at hand, namely the boyfriends inability to commit, she asks the woman to look at the boyfriends history. Does he lack commitment and follow through, does he give up on large purchases, does he not complete goals. All these should help the woman determine whether the boyfriend is a commitment type.

If you are in the unlucky situation with a divorce or family law question, please contact my santa clara county divorce attorney law office to get answers.

Immigration and Divorce

2009-09-22T17:33:00.000-07:00

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. The couple will be scrutinized by immigration officials if the divorce is of short duration and the divorce occurs quickly after marriage. Please take a look at the interesting article to gain some education.

If you are seeking a lawyer for your family law divorce, please contact my san jose family lawyer office.

Affordable and Cheap Divorce in California

2009-09-09T19:41:00.000-07:00

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. I understand that not every person is in a financial position to be able to afford an attorney. While I consider myself an affordable San Jose Divorce Lawyer, I am by no means cheap.

When clients inform me of their financial situation, I often tell them that there are many resources out there for those who can not afford to hire an attorney. I personally offer, Limited Scope Representation. There is the Pro Bono Project of Silicon Valley, and the self help center in the local court house. There are also many self help books in your local library. Good publishers are the Nolo line of books.

There are also things that one can do to make the divorce cheaper. The more that you can agree on, the cheaper the divorce will be. The article is interesting in that it gives common sense advice. Namely, that you will first need to agree on the essentials of the divorce, 1) property division, 2) child custody, and 3) child and spousal support. If you can get those agreements made that is the majority of the divorce there. If you need help on Affordable San Jose Divorce Lawyer, or from a San Jose Family Lawyer please contact my office today. I offer many affordable options, including Limited Scope Representation.

Divorce Survival Tips

2009-08-31T13:50:00.000-07:00

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. These tips can help you get through it as comfortable as possible:

--Talk about your problems with someone outside of work.
--Compartmentalize.
--Try to schedule your court dates convenient to your work schedule.
--Give your employer adequate notice when you have to miss work. .
--Don't communicate with your attorney during work, except in the event of an emergency.
--Don't communicate with your soon-to-be former spouse during work, except in the event of an emergency.
--Don't use the copier at work to copy litigation papers.
--Don't inadvertently involve your employer in your litigation.
--Don't use your office computer for personal use. .
--Don't ask your employer to reduce your pay during a divorce for any reason.
--Focus on work and your work priorities, but with a twist: Keep your focus short and intense.
--Conserve your energy.
--Make note of abuse.

Should you have any San Jose Divorce Lawyer questions, please contact my office. I am an experienced Family Lawyer who will fight for best interests. Whether the case is a Santa Clara County Child Support, or San Jose Child Custody.

Long Term Marriages ending in Divorce

2009-08-31T13:43:00.000-07:00

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. This is good news for society as a whole because marriage often acts as a stabilizing force for societies.

I handle divorce, marriage, and dissolution in my San Jose family law practice every day. Should you have any questions regarding family law, please do not hesitate to contact my office.

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

2009-06-05T09:51:00.000-07:00

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.

A new study co-authored by Melbourne Institute economics professor Mark Wooden finds that men in Australia are less likely to divorce when working between 40 and 50 hours a week. Beyond this number of hours, the risk of divorce increases but not as much as for men working 35 to 40 hours per week, notes the study. The optimal range, according to Professor Wooden, seems to be between 41 and 49 hours per week.

An article "Families, Income and Jobs" by Wooden was published in yesterday's Household, Income and Labour Dynamics in Australia survey, focusing on families between 2002 and 2006. Interestingly, the Australian-government commissioned HILDA report also indicated Australians to be heavy credit-card users but as a form of payment in responsibly managing their credit. According to the report, the majority of Australians pay off their credit card balance in full each month while only 16% say they seldom or never pay off the full balance monthly, and the mean net worth of the Australian family in 2006 was $665,000.

Overall, researchers noted that the number of work hours was merely just one of many possible factors that could contribute to any divorce. Professor Wooden noted that recent studies in the U.S. and The Netherlands suggest the divorce probability decreases with the number of hours worked by the male.

With both the continuing recession still hitting families hard and often both partners in couples working longer hours, some couples are choosing to compromise on or put off divorce. However, bringing home the 'bacon' doesn't have to mean bringing on divorce. Don't let these tough times force you to live beyond your means or contemplate even bankruptcy. My San Jose divorce lawyer offices can help you assess your divorce situation and solutions. My San Jose property division lawyer offices can help answer questions about division of assets as well.

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

2009-05-12T00:09:00.001-07:00

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. The couple had married in May 1999 and had attempted to have sexual relations shortly thereafter but failed and, since then, have maintained a physically platonic relationship.

In 2007, the then 35-year old husband filed for divorce accusing his wife of refusing to have sex with him for no justifiable reason. However, the Seoul Family Court denied the claim, citing no direct evidence that the wife did not want to have intimacy. "Despite the sexless life, the husband did not complain until January 2007, and since then, has not provided any physical or periodical opportunity for his wife to normalize their relations. Also, she has shown a strong desire to restore relations.''

Divorce is often a complicated item and when it comes to what constitutes a legal basis for divorce, my San Jose divorce, separation and nullity lawyer offices can enlighten you with "down-to-Earth" guidelines. My San Jose prenuptial agreement lawyer offices can even help you iron out a prenuptial agreement upon marriage that sets out expectations in the event of a future divorce.

More Couples Ambivalent about Divorce

2009-04-28T15:20:00.000-07:00

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.

Perhaps partly reflecting the study, divorce and ambivalence during these tough economic times is now leading to compromise and "sticking it out". According to the Sacramento Bee, divorce filings in Sacramento County slipped in 2008 from the previous year.

"I'm not surprised," said Sacramento attorney Hal Bartholomew, president-elect of the American Academy of Matrimonial Lawyers' Northern California chapter. "Most divorce lawyers across the country are seeing a drop in new-client calls...people are postponing the decision to divorce."

And it makes sense. Divorce can be costly, there is no beating around that. But only as costly as much as the parties are willing to cooperate. Instead of hiring attorneys, many couples are revisiting the decision to divorce using compromise and some ultimately reconcile.

If you just can not post pone your divorce and wish to go forward, please contact my office. I may be able determine your rights so in the long run you actually save money. My San Jose Divorce Lawyer offices can help you address the ambivalence surrounding the legal results of your decision. My San Jose Property Division offices can help you determine what financial assets would be potentially split.

If compromise cannot bring you and your loved one back together, my San Jose Divorce, Nullity and Separation offices can help make your divorce something more understandable to address and less ambivalent to accept.

The Luxury of a Divorce

2009-03-30T22:59:00.000-07:00

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. The ex-wife-to-be has already received a settlement offer for $43 million, but she claims that it is not enough to support her lifestyle and is, thus, suing for $100 million.

Douglas-David filed papers in court professing she needs at least $53k per week off of which to live, including $4.5k for clothes, $8k for travel, and $1.5k for dining out. The Countess claims that the current settlement would not last her more than 15 years. She is also laying claim to David's entitlement to the diamond engagement ring, worth almost $200,000.

David is not without accusation, however, as Douglas-David accuses her ex-husband of multiple divorce threats to break up, only to make up. David, in response, blames the Countess of serving him divorce papers in a marriage counseling session and of having an extra-marital affair abroad with a Swedish athlete in Stockholm.

Both David and David-Douglas tied the knot in 2002, but despite an extravagant lifestyle together they experienced a rocky marriage, filing for divorce over 5 times in a four year period.

Do you know what how much you are entitled to if you are considering a divorce? My San Jose divorce lawyer and San Jose property division lawyer offices can help you determine to what assets you are entitled, while my San Jose prenuptial agreement lawyer offices can help you to protect your assets ahead of an unfortunate event like a divorce.

Divorce Bankrupts a Heart but Shouldn't Bankrupt your Means

2009-03-17T16:12:00.000-07:00

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.

Jim Moore (a.k.a. the "Buy-to-let King") is down to his last £3 million after owning a property investment company worth £135 million. Moore claims that as the court has ordered him to pay his ex-wife £4.7 mil pounds over the next 3 years, he would run out of money with which to live. A former sunbed and perfume salesperson, Moore spent a combined £1.5 mil pounds with his ex-wife in legal fees to decide just where to hold the court case -- England or Spain. A cash- strapped Moore is currently representing himself in court.

Moore follows in the footsteps of fund manager Brian Myerson, who last week told the Court of Appeals that his £14 mil pound fortune was all but gone and that he could not afford the £9.5 mil settlement to his wife Ingrid in their divorce settlement. The cases of Moore and Myerson reflect growing examples of once rich men who can no longer afford to pay out generous divorce settlements once affordable during past good economic times.

With the recession hitting families hard, divorcing couples may not be able to afford the terms of settlement made before the global recession which consumed many jobs and, with that, the means of payment in divorce settlements. Don't let these tough times force you to live beyond your means or contemplate bankruptcy. My San Jose divorce lawyer offices can help you assess your divorce situation and solutions. My San Jose property division lawyer offices can help answer questions about division of assets as well.

Divorce automatically bankrupts hearts with stress, guilt or misgivings. Don't let it bankrupt your wallet as well.

The Outcome of Same Sex Marriage in California

2009-03-05T23:07:00.000-08:00

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. Subsequently, the highly controversial proposition was added to the California constitution to limit marriage to a man and a woman.

In May of 2008, the California Supreme Court justices had ruled a previous gay marriage ban as unconstitutional and thus legalized gay marriage in May 2008. While same-sex couples rushed clerks offices across the State to marry, same-sex marriage opponents wasted no time in gathering enough voter signatures to put a same-sex marriage ban on the November ballot. When approached by attorneys to prevent Proposition 8 from going to the ballot, the high court refused to hear the case, a case that would ultimately boomerang back to the same court and justices.

Today the California Supreme Court spent over 3 hours listening to and drilling into lawyers from both sides regarding the legality of how Proposition 8 was passed, whether the proposition violated separation of powers, and the ultimate fate of 18,000 same-sex marriages already performed last year. The California Supreme Court seemed visibly reluctant to invalidate the voter-approved proposition and, thus, trump the will of the people.

Regardless of the outcome, perhaps what lay more dubious is the fate of those 18,000 same-sex marriages performed during the brief 5-month period last year. Will the State of California recognize and validate those 18,000 same-sex marriage licenses, whether or not the Supreme Court upholds Prop 8?

And if California doesn't divorce its recognition of same-sex married couples, what impact would same-sex marriage have on areas of family law? How would same-sex marriage affect property rights, child support and custody, should a gay or lesbian couple decide to divorce?

My San Jose LGBT lawyer offices can help answer the confusing myriad of questions resulting from this relatively uncharted territory in family law. Our San Jose property division lawyer offices, San Jose divorce, separation and nullity lawyer offices, and San Jose child custody lawyer offices can help provide guidance and insight.

Whatever the result of the Supreme Court's ruling within the next 90 days, issues surrounding family and divorce law where same-sex couples are involved will most definitely be the subject of scrutiny and debate for years to come.

Court Says No Kidney and No Money in NY Divorce Case

2009-02-26T01:30:00.000-08:00

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. Richard Batista insisted last month on the return of a kidney he had donated to his wife Dawnell Batista before accusing her of extra marital affairs and subsequently divorcing her. If Dawnell refused to return the kidney, Richard Batista mandated $1.5 million as compensation.

State Supreme Court marital referee Jeffrey Grob stated that it is illegal to place a monetary value on an organ. Dawnell Batista's attorney agreed with Grob in that human organs "are not commodities that can be divided as property in a divorce." However, to the satisfaction of Richard Batista's lawyer, Grob's ruling does allow for "sacrifices, magnamity, and devotion" to be taken into account in settling the divorce case.

Most property division in my Santa Clara Family Law office is not as complex as this case. Property division is usually a cut and dry, numbers process. Most people are aware that California is a Community Property State.

Not sure about what property you are entitled to in a divorce? My San Jose property division law offices can transplant our knowledge to you and help you with an equitable division of property, saving one from a divorce costing an arm or a leg. (or kidney?)

Dr. Phil Says No on Divorce Guest

2009-02-20T23:53:00.000-08:00

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. In court, Mazzella argued that White appearing on the show to discuss their divorce would do irreparable harm to her 2 sons (one 10 years old and the other 15) - and to herself. But State Supreme Court Judge Bruce Tolbert ruled that White could talk about his divorce on the show provided he didn't "disparage" Mazzella. However, in the end a spokeswoman for Dr. Phil responded, saying the show had never booked White as a guest.

White and Mazzella split 3 years ago but have since been locked in a arduous child custody battle. White lives with his two children while Mazzella lives separately and is accused by Mazzella of being behind on child support.

The epilogue of this story: divorce and custody battles can become unbelievable real-life dramas if not handled properly by both parties throughout the divorce process. My San Jose divorce law office can help provide guidelines on how to conduct your divorce, not just in process but also in approach. Our San Jose Child Custody office and San Jose Child Support office can also assist if your story involves child custody and support.

A divorce itself can generate sizable regrets. Don't allow room for further regrets (on or off camera) by contacting my San Jose divorce law firm today to learn how to handle your divorce properly.

Valetine's Day Divorcees Find a Nice Way to Play

2009-02-12T17:45:00.000-08:00

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. Less contentious than traditional divorce court, such an avenue can prove beneficial to family relationships, especially where a divorce involves children or a couple-owned business.

On the flip side, an article in Texas Lawyer also talks about "reconciliation law" (RL). Through RL, a divorcing couple attempts to save the marriage however possible via a legally binding agreement to work on their relationship.

So what's the major difference between CL and RL? In CL, if the case cannot be settled, the attorneys must withdraw and let different attorneys take the case into court. With RL, the same attorneys can complete the case if the divorcing parties decide not to reconcile.

Are you thinking twice about your decision to divorce? Are you thinking about how to end your marriage peacefully? Let my San Jose divorce law offices help you determine what's involved and the best approach for you. My San Jose child custody and San Jose child support offices can also help if your divorce involves children.

For Valentine's Day or any day of the year for that matter, here's wishing every couple to "make nice," whether they stay together or not.

Massachusetts Same Sex Marriage Couple Files for Divorce

2009-02-04T14:00:00.000-08:00

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.

According to a source close to the two lesbian women, the two realized they had less in common after they got married in 2004 and filed for divorce last week. After 20 years of being together and 4 years of marriage, they simply grew apart like all straight and gay couples.

Here in California, same-sex marriage and LGBT domestic partnership issues continue to be in the public forefront with the California Supreme Court's upcoming review of Proposition 8 regarding legalizing same-sex marriage. A ruling is expected between March and June of this year.

In my San Jose Family Law offices I work with LGBT clients to ensure that their legal needs are served with compassion and dignity. If you are thinking of starting a domestic partnership or wish to end one, proper legal planning is key. Our San Jose domestic partnership and San Jose LGBT lawyer services will effectively represent your concerns and ensure that your valuable legal rights are preserved and enforced. Call me today to schedule an appointment.

Sources: AP News: Mass. Couple who led Gay Marriage Fight to Divorce, Landmark Gay Couple Files for Divorce

Divorce State and Divorces in Marriage

2009-01-29T11:36:00.000-08:00

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.
"How long does it take to get a divorce," "How can I find a divorce lawyer attorney," and other questions arise.

If you're facing a divorce state in your relationship, please don't go through it alone. An experienced San Jose divorce attorney can help you. I handle divorces in my San Jose Family Lawyer office, offering top divorce lawyers experience and affordable divorce lawyer services for clients. And I treat all clients with the utmost dignity, respect, and care for their particular situation. I never forget that I am working and fighting for YOU!

Can Divorce Lead to Asthma in your Kids?

2009-01-20T16:02:00.000-08:00

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. According to Dr. Kate M. Scott and colleagues, such childhood adversities include physical abuse, sexual abuse, parent divorce or loss, parental criminal behavior, and family violence.

Whether or not they agree with the study, parents can help their children through stressful times at my San Jose family law offices. Ultimately, if you cannot avoid a divorce where children are involved, pleasecontact our San Jose Child Custody and San Jose Child Support offices. We can help ensure your divorce addresses the "best interests of the child".

New York Divorcee Gets Heart Broken and Demands Kidney in Return

2009-01-14T02:15:00.000-08:00

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. After having his heart ripped out, Batista is now demanding the return of a kidney organ he donated to her -- or $1.5 million in compensation. How do you value the price of a human organ?

Most property division in my Santa Clara Family Law office is not as complex as this case. Property division is usually a cut and dry, numbers process. Most people are aware that California is a Community Property State.

Not sure about what property you are entitled to in a divorce? My San Jose property division law offices can transplant our knowledge to you and help you with an equitable division of property, saving one from a divorce costing an arm or a leg. (or kidney?)

Divorce in a Recession

2008-12-29T21:43:00.000-08:00

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.

The article states that a multitude of factors play into the decision. One important aspect is valuation of the property. Some parties prefer the property value to be valued low so as to get away with paying less to the other party for the property.

The hardships that couples face in economic downturns is that it becomes even more difficult to maintain two separate households in the tough times. Unfortunately the benefits of being free from your ex may be worth it.

It has been my suggestion to these parties that the decision must be carefully weighed against all of the factors in their individual case. Unfortunately nobody can predict when the economy will get better. I do encourage my clients to not be fearful of the divorce and family law process as it can be liberating to be finally free from your spouse. If the parties can agree to most of the terms the process can be painless and easy.

If you have any questions about uncontested divorce, please contact my San Jose Uncontested Divorce office. I also offer affordable divorce lawyer services for limited scope service clients.