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.

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
1625 The Alameda Suite 204
San Jose, CA. 95126
(408) 649 - 3952

Friday, December 2, 2011

Spousal Support Reform Coming Under Criticism

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 ?

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

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

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.

Monday, October 31, 2011

Thoughts on Divorce Discovery Process and Trial Preparation

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

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

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

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.

Sunday, July 24, 2011

Permanent Spousal Support and Self Employed Business

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

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.