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, 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.

Lesbian Couple and Custody Disputes

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. 

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.

Questions to ask Prior to Filing for Divorce

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.


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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Thursday, April 6, 2017

Tips for Supporting Friends and Family

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, FremontMilpitasLos GatosCupertinoMountain View, and Santa Clara.

Tuesday, April 4, 2017

Low Cost Summary Dissolution San Jose California

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, FremontMilpitasLos GatosCupertinoMountain View,

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.