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

Saturday, April 9, 2016

Affordable Low Cost Limited Scope Consulting Family Lawyer San Jose

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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

Thursday, April 7, 2016

5 Reasons Older Couples Divorce

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.

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.

Friday, March 18, 2016

How to Divorce like an Adult and Successfully Co-Parent

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

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

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.

Wednesday, August 27, 2014

More and More Women are the Payors of Child Support

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 California calculates 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

Have you ever wondered what the difference is between legal separation and divorce? Well, I've found an article that 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

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.

Thursday, April 3, 2014

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

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

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.