Santa Clara County Family Lawyer. San Jose Child Custody Lawyer

Santa Clara County Family Lawyer. San Jose Child Custody Lawyer

Santa Clara County Courthouse

Author's Notes

I am a San Jose Divorce Lawyer in Santa Clara County Family Lawyer working in the Bay Area. I handle a variety of family law matters in the greater Bay Area. Limited Scope Santa Clara County / Low Cost / Affordable Divorce / Uncontested Divorce San Jose

I provide general information on various aspects of the divorce and family law.






This blog is for general legal information. It is not intended as a substitute for proper legal advice or to establish any Attorney Client relationship. Please contact a licensed Attorney if you have a legal problem.

Only with a written fee agreement is a Attorney Client relationship established with the Law Offices of James Chau
.

This blog is published by,
San Jose Divorce Lawyer:


Law Offices James Chau
181 Devine Street
San Jose, CA. 95110
(408) 913-5626

Tuesday, January 16, 2018

Tips for Reducing Costs During Divorce

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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

2018 Tax Reform and Alimony Spousal Support

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. 



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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

Tips to Selecting a Santa Clara Divorce Lawyer

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.
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.  

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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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

7 Common Mistakes During Divorce

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.
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, FremontMilpitasLos Gatos

Wednesday, October 25, 2017

California Vietnamese and Chinese Divorce


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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.

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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

Careers that Lead to Divorce

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.

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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

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When Divorce is the Better Choice

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.

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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

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Tuesday, July 25, 2017

California No Fault Divorce and Divorce Filings

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. 

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. 


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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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

Child Custody and Psychological Issues

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.

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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

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Sunday, July 23, 2017

Contested Custody and Children's Health

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.


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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.