Affordable San Jose Divorce Law Lawyer. San Jose Family Lawyer in Santa Clara County

Spousal Support Reform Coming Under Criticism

2011-12-02T10:25:00.000-08:00

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.

According to the article, due to changing times there are more wives and mothers who work. As a result many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage. There are negative consequences to a one size fits all apporach to spousal support.

An article I found online outlines some interesting points regarding spousal support in Virginia.

1. Negative Impact on Stay-at-Home Moms
Each case is different and while guidelines provide much needed consistency, the needs of a parent and children are not the same for all cases. Mothers who have not had college education or careers in order to raise a family are highly affected by this. They may receive spousal support for a certain period of time and be forced to work with little to no experience.

2. Virginia Spousal Support
In Virginia, if spouses do not agree on specific support amounts and time lengths, the courts are empowered to determine the amount and duration of support based on a family’s circumstances. The following factors are considered: the financial needs, resources and assets of the spouses, the standard of living during the marriage, the length of the marriage, the spouses' earning capacity.

The thing to note is that spousal support in California has not fallen to a formula. Spousal support is a multi factor analysis that provides the court with discretion to analyze and hopefully determine based upon the specific needs of the individuals.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

California Courts Open to Out of State Same Sex Divorces ?

2011-12-02T10:19:00.000-08:00

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. Most of the couples were not asking a judge to grant them any property or support based upon their marriage, but just wanted to receive an order of dissolution.

The legal origin of these problems stems from what is referred to as the "domicile" rule, which means couples can only get divorced in the state in which they reside at the time of their break-up, regardless of where they lived when they got married. While this makes sense for heterosexual couples because they can receive a divorce in whatever state they live in, it doesn’t make sense for homosexual couples who can’t get divorced if they live in a state that won’t allow it.

California legislature has very recently passed a bill that can help couples who came to California in 2008 to get married, as well as those who marry in California in the future if Prop. 8 is repealed.

According to the article, starting on January 2012. If a couple got married in California but lives in a state that won't grant them a divorce, basically then California court will have jurisdiction to grant a dissolution. The divorce can proceed in the county where they got married.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Grandparents Visitation Rights

2011-12-02T10:11:00.000-08:00

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.

The body of lawmakers and professionals met to hash out legislation to address the issue of grandparents and their rights to visit with grandchildren. The article states that when there is a stable marriage, often the grandparents have their time with their grandchildren. However due to modern strains of divorce and separation, grandparents are often left out after this family law event.

The article states that the members of the task force had difficulty determining whether the third party rights would be specifially attached to grandparents or would it cover relatives such as aunts and uncles or siblings. Currently, it is undecided at this time as to whether or not the task force will draft one piece of proposed legislation that covers all third party visitation or one that specifically addresses grandparents.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Oklahoma Fatherhood Programs

2011-12-02T10:04:00.000-08:00

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.

The article stated that many men don't have the community support to learn to be good fathers (married or unmarried) and the state should have a fatherhood network to help men prepare for the emotional and financial stress of being a father. The article was quoted as stating that policy should be changed so fathers should be at poverty level before child support payments are determined.

Fatherhood does bring a lot of challenges when going through a family law event. However, that does not mean that Father's have no rights during a family law event. Father's under the laws have equal rights to the courts and equal rights to their children.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Thoughts on Divorce Discovery Process and Trial Preparation

2011-10-31T10:45:00.000-07:00

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. Always seek legal advice prior to taking any legal actions.

In a contested case, after one spouse files for divorce, the process of discovery begins. Each side sends the other lists of questions called interrogatories, which have been drafted by attorneys and must be answered under oath. Interrogatories are composed of questions about finances, assets, pensions, and similar financial issues. Through their attorneys, the spouses can also ask each other to produce documents such as bank statements, credit-card bills, receipts, tax returns, paycheck stubs, etc. The attorneys will sort through the interrogatories and documents- and then if necessary, may further question the spouses in person under oath at what is called a deposition. A deposition takes place in the presence of a court reporter, who later transcribes what was said into a typewritten booklet.

Often the attorneys may be looking for hidden assets in order to determine how much money, earning power, and other assets each spouse has so that they can be divided.

Trial preparation efforts are important because the information that comes out at a trial depends very much on how well the lawyers understand and present the facts-both favorable and unfavorable-to the judge. Even the best case can be lost if the lawyer is unprepared, careless, incompetent, or otherwise ineffectual. Moreover, the best-prepared lawyer with the best case can also lose if the other lawyer is more effective or the judge is biased. Lastly, no matter how strong you believe your case is, there is often an element of surprise. There are no guarantees when it comes to litigation. Judges often see things very unpredictably.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Spousal Support / Alimony when Sharing a Residence

2011-10-31T10:41:00.000-07:00

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. Supporting two households is presently impossible for millions of Americans. This decision comes at a time when many couples in the process of divorce are choosing to live together due to their financial situation or lack of employment.

The article sites a case in which a woman was seeking support from her husband of thirty years while still living in the same home. Her request was denied because she was still living with her ex-husband. Many people simply do not have the funds to just set up their own household and for some; this is why they seek support.

In South Carolina couples seeking a no-fault divorce with neither party citing infidelity nor abuse must live apart for a year to seek support. In South Carolina it is believed that if the two people can live together, then there must be a relationship that to be salvaged. If one party moves out immediately, it is believed that they must really not be able to stand each other. Because of this, a physical separation for monetary support is now required. In a state such as this, it is very beneficial not to be financially dependent on the other person.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Perils of Social Networking and Divorce

2011-10-31T10:37:00.000-07:00

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. It’s all too common that users of social media sites tend to share too much information. It’s extremely important to be conscious of photos and blurbs you post on the web. You may want to think twice before clicking the “share” button because you may be posting something incriminating or that you don’t want to be public information in the long-run. Ultimately it can not only embarrass you, but truly harm your pending legal matter. So please think twice before you publicly share.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Don't Make Divorce More Nasty

2011-10-31T10:28:00.000-07:00

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. It's just an ever mounting nuclear arms race waiting to happen.

We’ve all been known to play tricks on people; sometimes even dirty tricks, but pulling a dirty trick on your ex-spouse or soon-to-be-ex-spouse will rarely be of advantage to yourself.

I wanted to share some tips from an article about tricks you shouldn’t to pull during a divorce:

1. Leave Him/ Her with Nothing
2. Cut Off the Credit Cards
3. Get Him Fired
4. Cut Off the Utilities
5. Tell the Other woman's/ Other man’s Spouse
6. Move out of State with the Kids
7. Clean out the Bank Accounts
8. Call Child Protective Services
9. Embarrass your Spouse

Many states even have laws to protect parties to a divorce matter against many of the issues mentioned above. One of the best tips in the article is to make sure that each move you make in the divorce is toward a positive solution.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Permanent Spousal Support and Self Employed Business

2011-07-24T15:43:00.000-07:00

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. However, it is difficult to estimate if the party is self-employed and the monthly rate of income fluctuates.

The article cites a case where during the marriage, the husband and the wife owned a real estate and development business. Several years before the divorce, the wife estimated that the parties earned income of about $30,000 per month. The husband claimed because of the uncertain real estate climate, he wanted to retire and live off the income of a farm the parties owned in Alabama (net income for the farm was approximately $25,000 per year).

In the end, the court awarded $4,000 per month in spousal support to the wife. The trial court based its award on income that the husband stated was from a one-time sale of real property property.

The husband later appealed the trial court's decision. The Court of Appeals agreed with the wife that an award of spousal support was appropriate because of her health and because of the husband's greater earning capacity, but the court agreed with the husband that $4,000 a month was too approximate an amount. The court stated that, "in order for the court to make an award of support, there must be evidence of the obligor spouse's future earning potential and ability to pay."

Speculation was an important issue that the appeals court raised. They determined that it was speculative to find that the husband could earn that much income in the future and there was no evidence to support that finding. According to the article, it cites that it's very important to provide the court with enough information so that there is evidence to base any decision of spousal support upon.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Wyoming and Same Sex Marriage

2011-07-24T15:40:00.000-07:00

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.

The state Supreme Court, however, did not see it the same way as the trial court. In their ruling in the case of Christiansen v. Christiansen (S-10-0252, issued June 6, 2011), the court found that the ordinary rule that requires their state courts to honor out-of-state marriages should apply.
The wording of the court’s opinion does not give a clear answer on the issue of property division or spousal support, but according the article, the general wording makes it appear that the court would do so.

Many states do not recognize the legal partnerships or marriages of same-sex couples even though a good chunk of these couples will likely want to dissolve the relationship in the coming years. There is hope that other states will follow in Wyoming’s footsteps when this does happen.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Grandparents and Visitation Rights

2011-07-24T15:32:00.000-07:00

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.

According to the article, grandparent visitation is governed under California Family Code Section 3100 et seq. The law supports what is considered "the best interest" of the child. That is an ever evolving societal concept, now that family units are no longer traditional nuclear families. One argument is that it is in the best interests of the child to spend with their grandparents.

According to the article, California law supports the best interest of the child, and that often means spending time with grandparents. Grandparents play a significant role in the daily operation of a healthy family, and can have a tremendous impact on the lives of their grandchildren.

To have legal rights, grandparents must file a petition with the court to join the action. The grandparents can file a petition for visitation rights if the legal parents are currently involved in a marital dissolution proceeding, or if either legal parent have passed. According to the article, they cannot file for visitation if the legal parents are married and are living together on a permanent basis, have not been absent for more than a month without the other spouse knowing the whereabouts of the absent spouse, or are currently residing with the child and the child has not been adopted by a stepparent.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Helpful Divorce Settement Negotiation Tips

2011-06-19T15:01:00.000-07:00

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. Going to court and having a judge decide your case should be a last resort for couples who are divorcing. It is exhausting and can become quite expensive not to mention the uncertainty of having a 3rd party decide your fate is a gamble. Not just that, but your soon to be ex-spouse is more likely to be cooperative with something that was agreed to rather then an order imposed by the court that they didn’t agree to.

Negotiating a settlement is a great way to go. It is much better if a settlement can be reached out of court. Let your attorney negotiate for you; don’t try to do it yourself. A professional in family law practice has the experience in these matters that can help you achieve your goals. Be prepared that you may not get everything you want.

Here are some tips the article gives on how to get the best outcome from negotiations:

• Set your priorities.
• Know what you are willing to be flexible on and what you are not willing to be flexible on.
• Be realistic.
• Ignore any ugliness from your spouse.
• If your spouse makes an offer to settle, talk about your options in private with your attorney.
• If you negotiate your own settlement, get legal advice before you sign anything.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Child Custody Rising Support for Joint Custody

2011-06-19T14:55:00.000-07:00

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. Also, the majority of those who responded to surveys said they believe equally divided time was appropriate even when there were high levels of parental conflict for which both parents were equally to blame. Survey participants were asked to imagine they were a judge deciding on several hypothetical cases. In one case, the mother provided 75 percent of the couple’s pre-divorce child care-giving duties. In another, the father provided 75 percent of the couple’s pre-divorce child care-giving duties. And, in the third, the parental couple was described as having divided the pre-divorce child care 50-50.

The article goes on to say that the American family law system may be flawed in it's over representation of custody awards going to motherse and father's not being awarded a fair share of custodial time. The article seems to advocate for the state legislators across the country to change the family laws in different states to reflect the public preference for joint and equal custodial time with the children.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Navigating Summer Timeshare and Divorce

2011-06-19T14:49:00.000-07:00

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. It’s hard to coordinate! Here are some tips and an article I recently found offers some advice:

1. Start communicating early. Talk with your ex about things you feel you may want to plan. Find out what they want to do to. Get a sense of how you best accomodate everyone early on without power struggles.

2. Ask everyone what their priorities are (the kids, the ex, etc.). What do they just have to do this summer? What’s not so important on their list? This helps everyone understand that they probably won't get everything they want, but also let’s them know what they want is important and was heard.

3. Get your information together. After you've thought about compromises to accomodate everyone start to gather the logisitics on how to make it work. Call the places up and gather more information to see if the plan might work.

4. Don't let your kids make plans without talking to your ex first, and don’t make your ex look like the “bad guy” if the activity doesn’t work out. Be sympathetic, but not apologetic.

5. Put yourself in the other family's shoes. Compromise. If the ex wants to take your kids to the ex-in-laws then let them. It’s just as important as letting the children visit your own family.

6. Propose a plan. This one goes without saying, make a plan and see give an offer. If your ex sense that their desires are taken into consideration they may just accept your offer. So good luck and happy summer.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Why is Divorce Terrifying for Women

2011-06-19T14:44:00.000-07:00

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. When a woman’s marriage breaks up, they tend to judge themselves harshly basically because of primal instinct.

The author of the author relates that when she was going through her divorce, she says she felt as if she might die when her husband left. Fear of being left alone was too much. Back in man’s early days, if you weren’t part of a tribe, you were on your own and very likely to die at the hands of nature (i.e. predators, weather, etc.). For the author, being cast out of her comfortable place resonated with her. The strange thing is that according to the article oddly enough, even abusive marriages, can feel like a safe place to some women. According to the author, women feel this way no matter how successful or accomplished they are or how much they recognize that a divorce is necessary.

Women often take responsibility for marriage, for keeping the family together. If the family is separated, they often feel they are failures and that it’s their fault, but that’s just not so.

The reality is that divorce is hard and it’s hard for almost everyone. At times it may seem like you might not make it through to see the light at the end of the tunnel, but you will get there. If it's something that you've thought about or have further questions, you can contact my office to speak with a qualified attorney to assist you with your legal needs.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Tips on Saving Money During a Divorce

2011-05-19T18:18:00.000-07:00

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.

1. Follow the money. If you don’t know much about your spouse’s finances, look into it. Any financial documents will be of help. Examine and make copies of any of the financial documents you can get a hold of, so that you won't have to fight tooth and nail to get a copy of them later on.

2. Look into your spouse’s business. When a spouse is self employed it can be very challenging to determine the actual income that the business is making. If your spouse owns a business with much money at stake, think about hiring an accountant to go over the company financials (an attorney may know of a good one). The accountant will ask for documents that show the businesses assets and debts.

3. Protect your flanks. You’ll need personal money during the time it takes to settle the divorce. It may be wise to keep some money in a separate account of your own, instead of jointly as a couple and have a separate credit account.

4. Figure out of you brought any separate property into the marriage. You can normally take inheritances and any pre-marital personal savings away with you as long as it stayed in your separate name.

5. Go after the pension and retirement accounts. Individual Retirement Accounts, 401(k)s, and pensions all have to be divided.

6. Fight for health benefits, when you don’t have your own group plan. If your spouse carried the family coverage, you can usually stay in that plan, at your expense (or your ex’s expense, depending on the agreement), for up to three years.

7. Get financial planning advice from the beginning.

8. Don’t battle with your spouse. The more you fight, the more you spend on legal fees. If there are no children and few assets, you can usually complete the divorce without too much argument.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Risks of Do It Yourself Divorce

2011-05-19T18:10:00.000-07:00

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. Unfortunately when a problem arises or something did not go as planned the paralegal or document preparer can not offer by law any legal advice. The do it yourselfer is now left to wonder what to do.

Another common scenario arises when the do it yourselfer has completed their divorce and believes since it was accepted and processed that everything is fine. While it may be fine and done correctly, there are countless other times that the problems only arise years later when legal rights are affected by the mistake in some paperwork that was submitted or not submitted to the court.

Divorces that are completed without attorneys can be a problem. If a spouse does not complete the paperwork correctly, it can leave you liable for expenses held jointly with their ex-spouse. And sometimes after a divorce, one or both of the parties will remarry, move, etc. This is where the problem regarding the divorce paperwork will appear.

Sometimes paying an attorney can save you money in the long run (even with an uncontested divorce). This is because you learn your rights, receive guidance, and learn what to expect. For couples who can’t agree on anything, legal representation is crucial. Websites that show you how to complete the paperwork yourself make it look easy, but the reality is that the forms for dissolving marriage can become overwhelming. Also, many of these websites are not staffed by divorce lawyers, but by legal assistants.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Tips to Think About Before Meeting with a Divorce Lawyer

2011-05-19T18:00:00.000-07:00

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.

One of the big concerns during divorce is housing. Many couples own their homes jointly and the recent decline in property values makes the typical home much harder to sell. Not too long ago, buying a spouses share of the home was an option, but can now be problematic because of the banks have tightened up their lending requirements.

Healthcare has been a problem in recent years. With more of the cost of healthcare falling on the employee many people can no longer afford to buy into their company plans.

Whether considering divorce or not, you should pull your credit reports. This may let you know if your spouse has a credit account that you don’t know about. Something like this or identity theft could holdup refinancing a property as part of the divorce settlement.
A helpful tip is to be prepared for the worst by keeping up-to-date on the financials.

The article has a great list of data you should have on hand before your attorney asks for it:

1. Financial statements for both parties
2. 3 or more years of income tax returns for both parties
3. Details regarding investments
4. Employee benefit/retirement information
5. Information regarding your mortgage(s)
6. Most recent paycheck stubs
7. List of assets
8. List of debts
9. Bank account statements (joint and separate)
10. Credit card statements (joint and separate)

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

The Rise of Facebook and Divorces / Dissolution of Marriage

2011-04-18T17:07:00.000-07:00

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. But there is a downside to all of this connectivity. It could be that the ability to reconnect or flirt with other people causes the breakup, or that it is a sign of the trouble already in the relationship. Because divorce can be costly and emotional, there is a lot of interest in finding ways to reduce the divorce rate. According to the article, not too long ago, the American Academy of Matrimonial Lawyers issued a press release saying that two thirds of America's divorce lawyers reported that Facebook was the country's top source of online divorce evidence. This doesn’t mean that Facebook is the cause of divorce; instead it means that it’s a good source of evidence. According to the article, it cited that Loyola researchers have found that Facebook can make it much easier for people to reconnect with old flames and find potential new ones. It's easy to find ex-boyfriends or ex-girlfriends on and reconnect with an old flame. If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Helpful Steps When Considering a Divorce / Dissolution

2011-04-18T17:02:00.000-07:00

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. 2. Become a financial sleuth. The article reccomends, obtaining statements and balances for bank accounts. Make duplicate copies of computer files with financial data. Collect as many of your spouse’s pay stubs as possible. 3. Safeguard heirlooms and liquid assets. Make sure your name is recorded on the house deed or apartment lease. Do not stash cash in a safe deposit box. Make sure you revoke any powers of attorney your spouse may have. 4. Open a bank account in your name. Open up a new bank account in your name only with which you can deposit your separate earnings into. 5. Establish credit in your own name. As soon as separation takes place, cancel or report missing jointly held credit cards. Then, set up new accounts in your name only. 6. Pay as many bills as possible. This step is helpful according to the article, so that the couple is not stuck with a large debt burden going into the divorce. 7. Take care of household or car repairs. 8. Attend to your health-care needs. Visit your doctor for a routine checkup and other annual exams while you still have health care coverage through your spouse. 9. Invest in a better work wardrobe. Buy some basics to for job interviews. 10. Stock the pantry. This might sound silly, but if you’re short on money you won't need to spend as much on groceries if you’ve already stocked up. If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

US Military Personell and Divorce Rates

2011-02-25T21:33:00.000-08:00

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. The divorce rate was originally 3.3 percent, but has risen to 3.5 percent in the last year.

The information shows 3.7 percent of more than 84,000 married Marines divorced in fiscal year 2008, increased from 3.3 percent in 2007. Some veteran and family groups believe the Pentagon figures are too low because they do not take include those who divorced after leaving the service.

Repeated deployments have been blamed for stresses on military couples. Spouses at home left to care for their family without their spouse.

According to the article, women in the military usually experience higher rates of failed marriages than men. Army women divorced at a rate of 8.5 percent and for men it was only 2.9 percent.

Mental health surveys taken in Iraq, showed 15 percent of troops said they intended to divorce when they got home. And all the services have started programs to help couples make it through this difficult time.

The Army has a couples course, and a family course that helps couples with children to stay close and parent well. The Marines have offer workshops to teach couples to manage conflict, solve problems and communicate better.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

Other States Initiating Alimony Spousal Support Reform

2011-02-25T21:29:00.000-08:00

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.

• For marriages five years or less, alimony would be no longer than half the number of months in the marriage; for marriages 10 years or less, alimony would be up to 60 percent of months in the marriage; for marriages 15 years or less, alimony would be up to 70 percent of months in the marriage; for marriages 20 years or less, alimony would be up to 80 percent of months in the marriage. And the court would have discretion to set alimony for an “indefinite length of time” for marriages more than 20 years.

• Alimony could be reduced or stopped if the spouse receiving alimony maintains a “common household” with another person for at least three months.

• “Reimbursement alimony” would be created for a periodic or one-time payment of support to an ex-spouse in marriages that lasted five years or less. The money would recompense one spouse for their “economic or noneconomic contribution to the financial resources” of the other spouse.

• If an ex-spouse remarries, the income of his or her partner could not be used to reassess alimony for the recipient spouse.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

US Divorce Rates at Their Lowest

2011-02-25T21:25:00.000-08:00

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. Other researchers contend that divorce rates are falling largely among college-educated couples, but not among less- educated couples.

The article cites several other interesting facts. The number of couples who live together without marrying has grown since 1960 and the marriage rate has dropped almost 30 percent in the last 25 years. Another interesting fact is that people are waiting almost 5 years longer to get married than people did in 1970. Some experts see this as a negative change because when unmarried couples who lived together and had children split, it can be much harder on the children to deal with the instability.

Other experts believe that the change in the rate of divorce means people are trying to make their marriage work. Some states have publicly funded marriage education campaigns.

One researcher who compared marriages from the early 1970s to those of the early ’90s, found that the rate of breakups within 10 years of marriage dropped by one-third among college-educated women.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

California Community Property Comparisons

2011-02-25T21:13:00.000-08:00

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. In community property states, all income and debts accumulated during the marriage are considered community property. Community property is owned by both spouses. At the time of divorce, community property is divided equally between the parties and includes the portion of retirement accounts that accrued during marriage, and all property acquired during the marriage. Another type of property, separate property or premarital property and gifts to a spouse are considered to be separate property and stays with the spouse who received the gift if the couple divorce.

In non community property states, the court is empowered to divide the property up as it deems equitably. Divorce in the other states generally falls under equitable property, where all property is divided on equitable principles, such as length of the marriage, opportunity for future acquisition, earnings potential, etc. For equitable property states, the Court have the discretion to do what it decides is fair.

The interesting thing is that when comparing the divorce rates among equitably property and community property states. States with the lowest divorce rates seem to all be equitable distribution states. Why community property states have higher divorce rates, and why do equitable distribution states tend to have lower divorce rates? One reason given by the article is "transaction costs". If divorces are easy, then they become more frequent.

Community property laws and the no fault divorce was meant to make Californians not have to prove the reasons for the divorce or the fault of the marriage falling apart. Supposedy the article states, the higher the difficulty of getting out of a divorce may make people less likely to want to seek a divorce.

Some people choose to have a prenuptial agreement made, but the author of this article believes that this can put people on the path to divorce because it weakens the marriage from the very beginning.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

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

2011-02-16T22:07:00.000-08:00

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. These are the main points that the article points out to remember when talking to your spouse for the first time about wanting a divorce:

1. Choose a time when you and your spouse will not be interrupted, make sure your children are somewhere else. Let your spouse know you have something difficult you want to tell them.

2. Be prepared for a long talk. If you’re spouse is not ready for the divorce, they may try to talk you out of it or become angry. This is normal.

3. If your spouse becomes angry and begins to name deficiencies to the relationship that they believe are caused by you, you may be tempted to respond back in the same manner. This will only cause the situation to become messy. Listen to what your spouse has to say. The article also says it may be helpful to summarize your understanding of your spouse’s feelings so they feel understood.

4. You must acknowledge that the two of you contributed to the end of the marriage. There is no point in trying to figure out who is to blame. Attempting to find or locate blame will never help the situation.

5. If your spouse tries to draw you into a discussion regarding fault you should refuse to have that discussion. You can repeat that you will not change your mind. Remind your spouse that it is not helpful to engage in a discussion about fault. You should agree that you are willing to talk about how to organize the divorce.

6. Your spouse may be anxious- reassure them that you will be fair and that you are want the two of to work out a reasonable agreement. But tonight is not the time to do it. Reiterate what you have already said and end the discussion. Don't continue to talk at length in one evening and resolve everything. That is not practical.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.