Affordable San Jose Divorce Family Lawyer. Uncontested Divorce / Limited Scope

Tips for Reducing Costs During Divorce

2018-01-16T14:13:00.000-08:00

I read an article today about cutting the costs of divorce. Divorces can result in costs running out of control with emotions high. Keep these points in mind to reduce yours costs:

1. Price Shop your Attorney. For a number of reasons, attorneys will have different costs. Like any major financial decision, be sure to shop around when making a choice about attorney in you area.

2. Have Knowledge About Fee Structures.Some attorneys will work with you in terms of making payment plans to fit your budget. Some attorneys may even be willing to work part of your case limited scope. In a limited scope arrangement, you get a pay-as-you go hourly situation where your attorney can coach you (for example filling out forms), or represent you..

3. Filing Fees and Economic Hardship. Sometimes a barrier to divorce beyond the attorney fees can be the filing fees. In California, the filing fees for divorce are $435. Many people, however, do not know that if suffering economic hardship, they can petition for a filing fee to be waived!

These points from the article are relevant tips to help reduce divorce costs gone wild. At the Law office of James Chau we specialize in affordable low cost, limited scope consulting, summary dissolution, attorney and divorce for San Jose, Santa Clara, Sunnyvale, Cupertino, and the greater Santa Clara County.

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. San Jose unbundled limited scope family lawyer. 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.

2018 Tax Reform and Alimony Spousal Support

2018-01-16T14:10:00.000-08:00

With the New Year comes new tax law that will have a future impact on the deductibility of alimony payments for tax purposes, and personal tax exemption of custodial parent. I read an article about the subject I think highlights the most important concerns well.

The final tax bill approved by Congress makes relevant changes effective Jan. 1 of next year (2019), so the new rules won’t affect anyone who divorces or signs a separation agreement before then.

After Jan. 1, 2019, not only is alimony paid not tax deductible, but the spouse receiving the alimony no longer has to pay taxes on it. The person who pays alimony, usually the higher wage earner in a divorcing couple, deducts the full amount and the recipient pays taxes on that alimony at their tax rate. Additionally, the tax bill eliminates the personal exemption a custodial parent could claim for each child. These new changes will have an effect on how child support payments are calculated and assets are divided in divorce proceedings going forward.

The new law is relevant and important to anyone seeking divorce. Be sure to take into consideration your attorney’s knowledge of these changes when choosing the right attorney for you!

At the Law office of James Chau we specialize in affordable low cost, limited scope consulting, summary dissolution, attorney and divorce for San Jose, Santa Clara, Sunnyvale, Cupertino, and the greater Santa Clara County.

Tips to Selecting a Santa Clara Divorce Lawyer

2018-01-16T14:07:00.001-08:00

I read an interesting article today that I think my clients could find useful in avoiding mistakes when picking the right attorney for divorce. There are three major areas the article touches on. I’ve broken them down below:

1. Cost: Choosing an attorney for divorce proceedings is a major, important decision. As the article discusses, though budget is important, this should not override reasonableness in choosing an attorney. The art lice points out that many people choose low cost over quality. This, as you probably imagine, can lead to unsatisfactory results. This is not to say that the most expensive attorneys out there are going to provide you ultimately better results (something the article neglects to mention), but the spirit of the point being made here is that cost limiting, corner cutting is one of the major mistakes people can make in finding the correct attorney.

2. Research: Like any major choice in life, research should inform decision making. The article mentions that “boutique law firms” are experts in their field. It goes on to state that such firms specializing in a particular area – in this case family law for divorce - tend to be the most experienced in the field, and have extensive working knowledge of local rules.

3. Red Flags: The article discuses some of the things that should make you run when considering an attorney. Flat Fee is one of the things the article discusses, stating though this seems like a savvy way to limit costs, domestic relations cases vary in circumstances and complexity. The article goes on at some length about the disadvantages of flat fee arrangements, saying at great length what can be put simply: Any attorney who promises you an outcome is a red flag. Divorces are complicated matters, and as the case proceeds, there may be many situations, including but not limited to separations of assets, and custody arrangements, which can result in needs for additional attention, time, and resource input from your attorney. These are unpredictable situations; nobody, including your attorney, can assure outcomes entirely.

Giving attention to these three major areas when selecting your attorney will benefit you in achieving an outcome with which you can be at peace with and confident was achieved by the best means.

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7 Common Mistakes During Divorce

2018-01-16T14:00:00.000-08:00

I found a great article about the issue of 7 common mistakes that parties make during a divorce.

Divorce is a life transition whose impact can be filled with negativity and uncertainty. I read this interesting article recently that discusses some of the issues to consider when preparing for divorce.

Of course, finding an attorney is a major part of the divorce process. In the article, it is pointed out that Google search results are often optimized and paid for placement. “Divorce factories” are a potential trap for many searching for an attorney. The implication made is these high-ranking search results can be predatory – a sort of turn and burn approach to family law. This is certainly excellent guidance to take into consideration in your own searches for the right family law attorney.

Advice is as good as its actual result. The internet is full of resources and opinions. This is no truer that for matters of law, family law included. The article points out that your divorce is very specific to your situation. Personalized, well-informed advice is something you should seek. Though the internet can be a great place to gain some views for questions for your attorney, the advice of strangers – anonymous ones at that – is something to be taken with a grain of salt.

The article goes on to discuss realistic expectations. Divorce can be an extremely and surprisingly emotional process. When these emotions become entangled with expectations of an outcome, there is often much room for struggle, disappointment, and anger. In the divorce process it is vital to keep emotions in perspective. As the writer of the article put so well “Emotions can easily take over and guide decisions which can lead to making significant mistakes.” Partly linked to the emotional component is the idea of honesty. Divorces bring up personal details that are often uncomfortable. Remember, your attorney is a professional, not there to judge you. Being open and honest with your attorney, and providing details, is how your attorney will be best able to manage your case for you. Your attorney is on your side. Withholding information, even if it is unsavory or uncomfortable, could be damaging to your outcome.

Further the idea of being open with your attorney is the notion of a full support team. It may be that your divorce, and you personally need expertise outside the specialization of a family law attorney. Example of such areas may be therapists, financial planners, CPAs, and a support network of friends and/or family. A full circle of support will include your attorney, but will not be limited to him/her. It is great to have a point person advocating for your cause; however, avoid the hazard of placing all of your focus on your attorney to meet all needs.

The last two points discussed in the article dovetail together quite well: knowing the facts, and listening to the right people. The facts are the most important component supporting the positive outcome of your situation. Beyond matters of honesty discussed previously, knowledge and awareness of financial situation are important. The article mentions that some people enter the divorce process uninformed or under-informed about the family’s financial situation. This can lead to expensive mistakes that render any outcome unsatisfactory. The final point made, listening to the right people, is self-explanatory, but includes an excellent point: “Just because you want a particular outcome doesn’t mean that the law will agree with you.”

All of this is great information to keep in mind when choosing an attorney and approaching your divorce with a level of confidence that will assure closure and peace with the outcome.

--> 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. San Jose unbundled limited scope family lawyer. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos

California Vietnamese and Chinese Divorce

2017-10-25T13:03:00.001-07:00

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I read a very interesting article regarding the changing cultural taboos of divorce in Vietnamese communities. This article may be interesting to my Vietnamese or Chinese Vietnamese readers.

According to the article, there are presently 16 divorces per 1000 marriages among Vietnamese families. The national average is 19 divorces per 1000 marriages. The article points that the divorce rates are climbing closer to the national average.

The article points that for many Vietnamese immigrants who came to the US, they often stuck together due to family pressure, or cultural necessity due to being recent immigrants in a new land. The article also points to religious factors keeping the couples together as Vietnam has a large Catholic population.

The story points to the second generation children as the ones who facilitate the process of divorcing their parents because they are adopting more Western values of personal happiness and contentment. The parents are also seeing that the unhappiness between the parents lead to unhappiness with their children.

In the assimilation of values of the traditional Vietnamese communities, there are also older men who still seek traditional wives and marriages. The article points to some Vietnamese men who travel back to Vietnam to meet and marry traditional wives.

Careers that Lead to Divorce

2017-10-25T13:01:00.000-07:00

An interesting article regarding the differing divorce rates among different professions. The article mentions that while the high divorce rate in the US at around 50 percent is actually a myth.

The article points out that it is very difficult to actually calculate the divorce rate and many factors come into play in determining the rate such as race and employment status.

The article found out that bartenders, and casino gaming managers had the highest rates of divorce. The atmosphere appeared to not be conducive to stable marriages.

Unsurprisingly they also found that highly paid professionals seemed to have much lower rates of divorce. People who choose certain professions seem to be from certain demographics which impacts on how certain individuals live their lives.

The authors noted that just switching careers wouldn’t make an unstable marriage a stable one as the rates more likely have to do with the types of people who choose certain professions.

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When Divorce is the Better Choice

2017-10-25T12:58:00.002-07:00

I read a good article regarding when to evaluate your marriage and determine if divorce may be the best option for you.

The author points out that it is healthy to view a separation as a transformation of love that grew into a different type of relationship. This view of the relationship can be a healthy way to view the marriage so that the couple can move on with the bitterness and anger. Some of the important tips that the writer mentions when evaluating ones marriage:

1. Abuse. When there is outright abuse it is much better to leave. It can be hard to leave, but the act of leaving allows the victim to learn to love themselves and begin the process of healing.

2. Counseling failed. When the parties have tried counseling and it has failed. When a couple has tried a few counselors and it is still not helping to bring the couple back together it is usually a sign that the couple has grown too far apart.

3. You’ve grown apart. The author notes that if after deep reflection you have grown too far apart and can not come together. It is a sign that the large gap may not be closed. The married couple needs to find a way to form a unit, and if the gap is too large the marriage is headed for failure.

4. You can’t find happiness together. The author notes that if you’ve put in the work and your relationship is still feeling empty then it may be a sign that the relationship is over.

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California No Fault Divorce and Divorce Filings

2017-07-25T16:33:00.000-07:00

California became a no fault divorce state since the 1960s. At that time there was debate as to what that might mean culturally if Husbands are easier able to leave a marriage. 50 years later and its overwhelmingly the case that women are the ones who initiate divorce filings. An interesting article discusses the reasons that is the case.

The article cites that according to major studies 70 to 80 percent of all divorce filings are initiated by women. The article further states the issues of modern marriage and how that may affect the one sidedness to divorce filings.

Cited by the article as some reasons for the initiated filings are: women tend to be more expressive with their dissatisfaction with the marriage, the division of household labor, and the basic household responsibilities of child rearing and household management.

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Child Custody and Psychological Issues

2017-07-25T13:39:00.000-07:00

I came across a great article regarding the perils of child custody litigation when it becomes apparent that the other person has a psychological issue. The writer discusses specifically narcissistic personality disorder, where the person is a real life Dr. Jekyll and Mr. Hyde. Some of the things to look out for that may indicate a narcissistic personality order in contested custody litigation:

1. When the person’s words never live up to their actions.

2. When the person is constantly lying to the Court and you.

3. When despite having a Court order, the person with the disorder still finds ways to escape the order or have it not apply.

The author goes on to interview a well known children’s rights attorney in California to discuss the issue of psychological disorders in family court. The attorney mentions that in high conflict cases, there sometimes there is sometimes a presumption that equal parenting or 50/ t0 is the right thing to do. But that presumption is acceptable for two healthy parents, but when one may have a personality disorder that arrangement does not work. The other parent will lie, manipulate and abuse the children in the name of winning at all costs.

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Contested Custody and Children's Health

2017-07-23T15:51:00.003-07:00

Here’s another reason to try your best to have a good relationship with your ex partner. I read an intriguing article about acrimonious divorce and the effect on adult children’s immune health. A recent study showed that children whose parents were undergoing an acrimonious contested divorce were more likely to suffer colds and illnesses during childhood and beyond.

The children whose parents lived apart and never spoke to one another were 3 times more likely to develop colds than those children whose parents stayed together.

The article cites that its possible the explanation is due to the divorce related stress that children undergo when there is a contested divorce. It is well established that stress has a multitude of effects on the body and overall diminished health.

Lesbian Couple and Custody Disputes

2017-07-23T14:23:00.000-07:00

I read an interesting article taking place in Arizona about the new frontier of family law now that same sex marriage is a reality across the nation. In an interesting article a lesbian couple became pregnant via a sperm donor and where only one parent was the biological parent of the child. The non biological parent stayed home to raise the child thus forming an emotional bond with the child.

The relationship deteriorated and at the filing for divorce the biological parent sought to prevent the other parent from exercising any parental rights due to a lack of legal or biological connection to the child. The biological parent cited Arizona’s old law on paternity and successfully argued that the non biological parent had no legal connection to the child because she could not establish paternity. Presently the appeals Court in Arizona has sided with the biological parent.

Once parentage is established then the Court can examine other factors such as "best interest" for the child and the bonding that has happened with the non biological parent and child.

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Questions to ask Prior to Filing for Divorce

2017-07-23T13:42:00.000-07:00

A great new article poses some wise advice to consider prior to filing for divorce. The article goes on to list questions to ask yourself before pulling the trigger on your divorce. The list includes:

1) Being Clear About Relationship Problems. The article mentions being clear with your relationship issues. They cite to most people only hearing 30 to 35 percent of what they hear. So be clear and concise with your thoughts.

2) Is there a way to save the relationship and what would that look like? The article goes on to list making a sheet with what you could do to save the relationship and another sheet with what your partner could do to save the relationship.

3) Ask yourself would you really be happier with someone else? The article mentions that this is an important question to pose. The article asks you to prioritize what are things that are truly important and whether the trade offs are worth it in the end.

4) Is there still love for your partner? The article asks probably one of the most important questions, which is if there is still love between the two of you. If the answer is yes, then divorce might not be right yet. Unfortunately once a party undergoes divorce, our emotions are not on and off.

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Tips for Supporting Friends and Family

2017-04-06T17:35:00.000-07:00

Often times when you have a friend going through a major life decision such as a divorce or separation they turn to you for comfort or advice. I read a interesting article on some tips and advice when you are approached by a friend for comfort. According to the article here are some tips:

1) Don’t name call or bad mouth the ex spouse. It doesn’t help, and often your friend may still have feelings for their ex. This confusion will bring about multitudes of mixed emotions. It helps to focus on your friend and their needs.

2) Don’t offer unsolicited advice. We all have stories of family or friends who gone through a divorce and what they received or what they did. Some of that advice might be relevant, but it doesn’t help your friend because their situation may be different and specific. It is more helpful to your friend to point them to the direction of a professional who can help them. You can offer to come with them.

3) Don’t insist on silver linings. Your friend may not be ready yet for sunshine and rainbows. It’s best to meet your friend where they are emotionally at the moment. If they are feeling down and need to experience that, meet them there. If they are happy then it can be welcoming to support their positive attitude.

At the Law office of James Chau we specialize in affordable low cost, limited scope consulting, summary dissolution, attorney and divorce for San Jose, Santa Clara, Sunnyvale, Cupertino, and the greater Santa Clara County. 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. San Jose unbundled limited scope family lawyer. 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.

Low Cost Summary Dissolution San Jose California

2017-04-04T20:43:00.001-07:00

Many people will contact my office regarding what is a fast way to get divorced. California law has provided the method of San Jose Santa Clara Low Cost SummaryDissolution as a method to get divorced in the fastest way. In order to qualify for a Santa ClaraMilpitas Affordable Summary Dissolution

1. Married or registered as domestic partners for 5 years or less.

2. There are no children born before or during the relationship.

3. Neither party owns any land or property.

4. The community property minus the debts is worth $41,000 or less. (This number occasional changes due to cost of living adjustments)

5. The separate property minus the debts is worth $41,000 or less. (This number occasional changes due to cost of living adjustments)

6. The total of the community debts is $6,000 or less. (This number occasional changes due to cost of living adjustments)

7. You both intend to waive spousal support to each other.

8. You both agree and will prepare a joint agreement on how to dispose of your assets and debts.

While the method is a good choice for some parties, it does have its negatives. The negatives can steer people away from the summary dissolution procedure into a regular dissolution or a San Jose low cost and affordable uncontested divorce. The parties do give up the right to a trial and to an appeal. Please contact our office to see if summary dissolution is appropriate for you.

At the Law office of James Chau we specialize in affordable low cost limited scope consulting attorney divorce for San Jose, Santa Clara, Sunnyvale, Cupertino, and the greater Santa Clara County.
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. San Jose unbundled limited scope family lawyer. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View,

Affordable Low Cost Limited Scope Consulting Family Lawyer San Jose

2016-04-09T15:13:00.000-07:00

I read an interesting article regarding tips and tricks on finding an affordable divorce lawyer in San Jose, Santa Clara County or another county. It’s no secret that when going through a divorce the costs can get out of hand very quickly. With the cost of no two separate households, and two separate attorney’s the money between the parties can quickly deplete the couples available resources.

The article cites to being prepared and organized so that when you get homework from your lawyer it is quickly and efficiently done. The article next cite to asking your lawyer for legal questions sparingly.

The article suggests writing down all of your questions and calling your lawyer with your questions prepared and to write the answers down so you are not asking the same question again.

A very important tip from the article is that if you are struggling emotionally you should call your therapist, clergy or best friend for emotional support. Your lawyer is not properly utilized for emotional support.

The article recommends not listening to the legal advice from your friends and acquaintances. If you are concerned about the legal advice given to you by your lawyer then get a second opinion instead of consulting with your friends.

Lastly, the article recommends you create a divorce mission statement where you can set your goals for the divorce and as a reminder that the divorce will not ruin your life unless you allow it.

At the Law office of James Chau we specialize in affordable low cost limited scope consulting attorney divorce for San Jose, Santa Clara, Sunnyvale, Cupertino, and the greater Santa Clara County.
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. San Jose unbundled limited scope family lawyer. 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.

5 Reasons Older Couples Divorce

2016-04-07T15:51:00.002-07:00

I read an interesting article regarding 5 big reasons for older couples to divorce after decades of marriage:

The article cites to several factors but the first thing that is cited is the failure to put the relationship first. The couple needs to protect one another and the relationship in public and private.

The article cites to taking care of oneself whether it be physical or emotional health as a reason for why long term couples may choose to divorce.

The article further cites to looking inward to the problems, and assessing ones own role in the relationship. The article suggests that if boredom is a problem one should plan an exciting trip or learn a new language together. The relationships may be reignited.

Its never wrong to identify communication as a prime problem in dissolving marriages. Sex and sexual compatibility is something that long term couples need to examine to cultivate intimacy.

Lastly the article cites to open dialogue on everything else in the marriage. Communication is key to working out all the other problems in a marriage.

How to Divorce like an Adult and Successfully Co-Parent

2016-03-18T16:10:00.000-07:00

A very helpful article I read regarding how you the litigant has more power than you think during your divorce. In fact the article mentions that you can control the outcome of your divorce if you put into action some helpful tips. I have highlighted the important tips from the article. The article is here.

1. Number one in any Santa Clara County, San Jose Divorce situation is to always tell your spouse face to face that you are contemplating a divorce. The article states that you should hopefully sooner than later tell your spouse the internal dialogue in your head regarding your thoughts on actualizing a divorce. The article recommends dealing with the difficult conversations in multiple steps rather than finalizing everything at once with divorce papers.

2. If your spouse wants to attempt therapy, you should go according to the article. The article mentions that couples therapy or marital counseling should always be contemplated before any divorce filing. Assuming there is no abuse mental or physical, it is a good idea to investigate whether the marriage can be saved. In fact in California before the granting of the no fault divorce, California courts will ask a litigant whether there is anything that can be done to save the marriage that might include marital counseling before the granting of the dissolution of marriage.

3. Never bad mouth your ex around your kids. The article states that it doesn't matter who is the cheater or who decided to end the marriage. Taking your frustrations out by way of the kids is always the wrong decision. The article states that kids are hurt and feel guilty when the parent that they love is being hurt by the other parent that they love. It puts the children in a tug of war spot that can have lasting negative affects on children. Put downs are never part of a successful co-parenting.

4. Remember the children are the ones who ultimately suffer. The article states that during high conflict divorces the children are the ones who will ultimately suffer. The children tend to mimic the behavior of their parents and will take on histrionic behaviors when the parents have normalized fighting and arguments.

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 Men Going Through Santa Clara County Family Law Divorce

2016-03-18T14:52:00.000-07:00

I read a very interesting article about some tips for men as they go through a San Jose / Santa Clara County Family Law Divorce. The link to the article is here.

The article mentions 12 tips, but the tips that I find the most helpful when going through a San Jose /Santa Clara County Child Custody Matter are as follows.

1. Don't jump into a new relationship until the old one is sufficiently cleared. That may seem like an obvious tip, but the article mentions that too often the old relationship hasn't gotten cold yet and new relationships are cemented. The article states that the damaged you is not going to be the same person as the healed you months later.

2. Keeping the focus on the children at all times. It is very difficult when going through contested litigation for a Child Custody / Visitation matter to lose sight of that and personalize attacks on your ex spouse. The article advises parents to first and foremost recognize that the other parent is and always will be a very important part of your children's lives. The article states that you should treat your relationship with them as a business relationship, professional, and cordial at all times.

3. Give yourself one hour a day to think about your divorce. It can be hard to focus on all of the present things that need attention during a divorce. But if you don't have to, the article advises you to give yourself 1 hour tops to dwell on your divorce. If you catch yourself wandering off about your divorce the article mentions pushing that 1 hour allotment to the evening times. Often times you may forget to use that allotment of time and you will go longer and longer periods without over thinking about your divorce.

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.

Writing Can Help with Current Divorce

2016-03-18T14:17:00.000-07:00

I read a very interesting article about how writing can assist those who are undergoing a divorce with the emotions of a traumatic experience. The divorce article is linked here.

An important caveat is that you do not want to write publicly when you are in the middle of any litigation. The writings could be used against you. It would be best if writing for personal healing to do so in private in a personal and private journal for your own reflection.

The article mentions that first and foremost the simple act of writing can assist you with organizing your emotions and thoughts. When going through a santa clara county divorce you need to express your emotions to release them.

Secondly, the article mentions that people can better cope and regulate their emotions by putting them into context and then next to deal with them. A very important function in any divorce matter.

Thirdly, the article mentions that the act of opening up about your experiences can make people relate to others and offer solace and friendship without fear of judgment.

The article does mention a very big caveat however which is that you don't want your ex spouse to get a hold of any of your writings. They could potentially use your writings against you in Court. Therefore It would be very wise to write privately until your litigation is complete and well behind you.

The article mentions the aforementioned warning," BIG Legal Caveat If you are writing about an ongoing divorce, what you write CAN be used as an admission in court. If fact, electronic evidence in the form of text messages, emails, and social media posts are used in almost every modern divorce case—and a public blog will make finding evidence all the more easy for investigators. You have to assume that everything you write will be printed and presented to the judge in divorce court—so refrain from spouse bashing or any other writing that may adversely impact your divorce. The same goes for active child custody or family support cases."

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.

More and More Women are the Payors of Child Support

2014-08-27T10:59:00.001-07:00

Times are changing and women have traditionally been the receivers of child support. Now that more women are working and pay scales are equalizing, they are playing a larger role in society more than ever. With that societal change is also causing a change in who typically pays child support.

According to a recent article, there is no longer any assumption that father is the primary income earner, that the mother will have primary physical custody and receive child support.
If the mother is primary wage earner there is a legal expectation that she would child support. Every state has its own guidelines for determining support and you should seek an attorney if you have any questions regarding the manner in which Californiacalculates support.

According to the article in 2011, one out of six fathers had primary or full custody of their children. The article goes on to mention that this is nine times greater than it was when examined in 1960. They point to 36% of the fathers receiving child support payments; compared to 50% of mothers who receive court ordered child support.

As the article mentions it is important to remember that the laws regarding custody and child support are gender neutral.

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.

Legal Separation Discussion

2014-08-27T10:52:00.002-07:00

Have you ever wondered what the difference is between legal separation and divorce? Well, I've found an articlethat might answer some of your questions regarding these two options.

The author, D. A. Wolf, states that a legal separation is a binding agreement in the form of a court order that defines the handling of assets, liabilities and other financial matters if you choose to live separately from your spouse. It is important to note that a legal separation does not return your marital status to single, however, like a divorce it clearly outline financial obligations and any arrangements regarding children of the marriage. If you decide to get a divorce in the future, many of the terms specified in your legal separation will be considered by the court and it is a minor formality to finalize the marital status termination.

There are a number of reasons why some choose legal separation over divorce. A few examples to consider are religion, health benefits, finances, and etc. There are a large number of factors to consider when determining whether a legal separation or divorce is best and you should seek the counsel of an attorney for assistance.

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.

New Law In the State Senate for Child Support Enforcement

2014-08-27T10:49:00.003-07:00

According to an news article I recently found the Senate has passed a bill to crack down on deadbeat parents. The main idea of the bill is to prevent parent's from skirting child support payments by avoiding employment.

This new bill that is proposed, would find a person duty-bound to pay child support by the courts is guilty of non-support in the first degree if they quit their job, reduce their earnings, avoid employment, or have been previously convicted in the preceding five years of the misdemeanor offense of non-support of a child. The non payment of child support is usually given the most preferential treatment in family court for enforcement and other remedies that are allowed.

It is always advisable to pay off your child support first and to the best of your ability to avoid criminal and civil penalties that can come down. It will be interesting to see what comes of this bill in the future.

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.

Parental Alienation. How to Recognize it during Family Law and Child Custody Matters

2014-04-03T20:27:00.002-07:00

What is the impact of parental alienation during divorces and family law cases? The author of this article discusses what children of divorce want and need to maintain a relationship with their parents and the matter of parental alienation.

Some parents force children to take sides or cause a child to snub the other parent. The article describes parental alienation as, “...the “programming” of a child by one parent to denigrate the other “targeted” parent, in an effort to undermine and interfere with the child's relationship with that parent…”

The article goes on to discuss what is parental alienation defined. Parental alienation often involves several things: bad-mouthing the other parent, limiting contact, erasing the other parent from the child’s life, making the child feel unsafe with the other parent, forcing the child to choose between you, etc. When this occurs, the result is the loss of a loving parent from the child’s life (despite what you may think of the other parent).

According to the article, the concept of "parental alienation syndrome" was developed by Psychiatrist Richard Gardner and defined it as a disorder that arose primarily from child custody disputes. The article further describes parental alienation as a form of brainwashing. How frightening is it to think that a parent is brainwashing their own child(ren) into hating the other parent!?! Yet this happens everyday. A child will often have a solely negative view of the other parent to point that the parent is demonized in that child’s eyes.

The author notes that it has been reported by adult children of divorce that they felt the tactics of alienation are on the same level as extreme psychological maltreatment of children (such as: terrorizing, isolating, exploiting, and denying emotional responsiveness), and the effects of parental alienation on children have been documented: self esteem issues, depression, substance abuse, etc.

Every child has the right to a loving relationship with both parent. The denial of that relationship by one parent is not reasonable.

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 Matter of Cohabitation and Spousal Support and Alimony

2014-04-03T20:20:00.003-07:00

Many divorced couples today in an effort to move on with their lives, end up in situations where they live with their new significant other, but if the party living with their new boyfriend/girlfriend is receiving spousal support, cohabitation could jeopardize the support. An article describes cohabitation as a couple living together in a marriage-like manner, with interwoven financial interdependencies among other things.

According to the article, in the area of family law, cohabitation often forces the reevaluation of whether the spouse receiving support is already in a "supportive" relationship to the point that the need for financial assistance from the spouse paying support is reduced. Sometimes cohabitation is a matter covered in a Marital Settlement Agreement, however, it’s not language that is typically part of the document. This can leave the matter difficult for attorneys to piece together.

If an allegation comes up and the matter ends up in Court, cohabitation and spousal support can be expensive in terms of legal fees and the likelihood of a successful outcome is dependent upon what is learned.

The article outlines some helpful questions the article asks you to consider before taking on the task of modifying spousal support when cohabitation is an issue:

1. Does the couple spend more than three or more consecutive overnights together in a given week?
2. Does the couple share household chores such as laundry, dishes, cooking, or mowing the lawn?
3. Does the couple have a shared bank account? Family plan for cell phone bills? Both names on a lease or car?

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 College Tips for Divorced and Separated Familes

2014-04-03T20:13:00.001-07:00

Getting a divorce and want to set-up a college account for your children? I’ve found an article that offers helpful tips towards doing just that. Now that there are two households, the decisions regarding how to plan for a child's college costs can be daunting.

1. Negotiate now the set-up of the account(s) now- Per the article, it’s best to set-up a base now and revisit the issue if needed in the future. At least something will be there when college rolls around. The decision making regarding the college costs can possibly prolong the divorce, but it may prove to be money well spent in legal fees, rather than going forward without a plan or order in place for the college bound child.

2. Secure the college fund- If you have already saves money for college, make sure it can’t be used for anything other than your child's education. The article encourages readers to place any available funds into college funds as soon as possible to ear mark them for the child's education.

3. Strategize about who fills out aid form- Forms are usually required for financial aid. Figure out who and how the forms can be completed.
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.