New Texas Law may Make Child Custody Easier

A new child custody law in Texas may result in less acrimonious divorce proceedings. All family lawyers know that child custody disputes are the messiest and often the most expensive. According to the journal article, the Texas law previously required that a child’s best interest comes when both parents are jointly involved in the raising of the children. As joint managing conservators, parents share the responsibility for decision making with respect to their children's education, religious study, medical treatment and other major life decisions. Under the joint managing plan, one parent must be designated the primary residence of the child. The other parent was then designated the non custodial parent. This often created much conflict in divorces because parents had a joint custody plan, but they could not designate one parent to be a primary residence for the child.

Recently in 2009 the Texas legislature changed the laws and now allows for the holder of exclusive right to designate the child’s primary residence to be jointly held. The parents plan must now only state a specific geographical residence area for the child.

If you have any Santa Clara County Family law questions, please contact a San Jose Divorce Lawyer.

Financial Counseling Pre Marriage

A great article regarding financial questions that couples should ask prior to getting married. Everybody knows that divorce is a unfortunate reality when one enters the union of marriage. According to the news story the average rate of divorce in this country is 45%. Divorce can be one of the most ruinous financial actions a couple can take. The financial consequences can be severe with a hotly contested divorce. The rate drops for people on their first marriage and then for college educated folks with similar religions.

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

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

Co-Parenting for Divorced Families

I have written before about the benefits of co-parenting classes. I found another great article touting the benefits of co-parenting class for saving the family relationship during a divorce. The family in the article were too busy being angry at each other to notice that their children were acting out and becoming depressed by the constant battling. They went from a period of restraining order against one another to now having family movie nights or going to soccer games together. The change has been dramatic.

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

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

Parenting Courses and Divorce, Family Law

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

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

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

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

Alienation of Affection Lawsuits In Conservative States

I read a really great article about North Carolina changing their law books to deny the filing of a lawsuit called Alienation of affection against a third party during a married couples formal separation. Some critics argue that this will make the one year separation period required in North Carolina moot, which originally was intended to allow married couples a chance to reconcile. If during the formal separation the party is allowed to essentially “cheat” without consequence then that makes the requirement of a one year separation unnecessary some argue. The alienation of affection lawsuit allowed the aggrieved party to sue a third party for causing the breakdown of their marriage. Often the victor was able to get six figure damages. Other people argue that the cheating on the spouse is a symptom of the breakdown of the relationship not the cause of the breakdown.

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

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

Mens Divorce in California for Fathers

If anyone recalls, Alec Baldwin speaking horrible things into a answering phone during his custody battle with actress Kim Basinger, one can see that a divorce litigation really brings out the worst in people. In an interesting story, there is a real need it appears for men going through divorce to band together and change the family law statutes in place today. Many fathers complain that the typical visitation schedule of only 4 days is simply not enough. While I don’t agree that there is anything as a typical visitation schedule, an alternating weekend schedule is common. But that is where creative lawyering and parents working together come into play to find the best schedule for their children.

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

Christian Divorce

I came across a good article about practicing law with a spiritual basis. According to the story, a family lawyer in North Carolina started out practicing lawyering the traditional way which we are all taught to do. The client comes to you and asks you to achieve their objectives as much as possible. With this method the lawyer in the story was able to build a thriving law practice. Unfortunately, for the lawyer he felt unfulfilled practicing law the traditional way. The lawyer decided to go to seminary school and upon graduation started practicing law in a way that coincided with his world view. That meant for him trying to keep marriages together, counseling couples to work it out for the sake of the children.

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

Fear of Commitment and Fear of Divorce

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

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

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

Immigration and Divorce

I came across an good article reading the immigration aspects of divorce. While I don’t claim to be an immigration attorney, I often come across clients who have immigration issues with their divorce.

For that reason it is important to consult with an immigration attorney when you are facing immigration issues in your divorce process. The couple will be scrutinized by immigration officials if the divorce is of short duration and the divorce occurs quickly after marriage. Please take a look at the interesting article to gain some education.

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

Affordable and Cheap Divorce in California

I read a recent article in the Examiner regarding “obtaining a cheap divorce in California.” While I often tell potential clients that you usually get what you pay for, and a large part of my job is fixing the mistakes that clients make when they do it themselves. I understand that not every person is in a financial position to be able to afford an attorney. While I consider myself an affordable San Jose Divorce Lawyer, I am by no means cheap.

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

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