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

Monday, March 30, 2009

The Luxury of a Divorce

According to a post in the Guardian.co.ukThe Observer, a marital collapse in a Connecticut courtroom has been dubbed by some as the "divorce of the century." George David, 66-year old chairman of United Technologies, is attempting to divorce 36-year old Countess Marie Douglas-David. The ex-wife-to-be has already received a settlement offer for $43 million, but she claims that it is not enough to support her lifestyle and is, thus, suing for $100 million.

Douglas-David filed papers in court professing she needs at least $53k per week off of which to live, including $4.5k for clothes, $8k for travel, and $1.5k for dining out. The Countess claims that the current settlement would not last her more than 15 years. She is also laying claim to David's entitlement to the diamond engagement ring, worth almost $200,000.

David is not without accusation, however, as Douglas-David accuses her ex-husband of multiple divorce threats to break up, only to make up. David, in response, blames the Countess of serving him divorce papers in a marriage counseling session and of having an extra-marital affair abroad with a Swedish athlete in Stockholm.

Both David and David-Douglas tied the knot in 2002, but despite an extravagant lifestyle together they experienced a rocky marriage, filing for divorce over 5 times in a four year period.

Do you know what how much you are entitled to if you are considering a divorce? My San Jose divorce lawyer and San Jose property division lawyer offices can help you determine to what assets you are entitled, while my San Jose prenuptial agreement lawyer offices can help you to protect your assets ahead of an unfortunate event like a divorce.

Tuesday, March 17, 2009

Divorce Bankrupts a Heart but Shouldn't Bankrupt your Means

It appears that even the affluent are not immune from the effects of a global recession. According to a news article in the U.K.'s Telegraph, a millionaire tycoon going through a divorce is attempting to renegotiate the terms of his settlement to avoid having no money left to sustain himself.

Jim Moore (a.k.a. the "Buy-to-let King") is down to his last £3 million after owning a property investment company worth £135 million. Moore claims that as the court has ordered him to pay his ex-wife £4.7 mil pounds over the next 3 years, he would run out of money with which to live. A former sunbed and perfume salesperson, Moore spent a combined £1.5 mil pounds with his ex-wife in legal fees to decide just where to hold the court case -- England or Spain. A cash- strapped Moore is currently representing himself in court.

Moore follows in the footsteps of fund manager Brian Myerson, who last week told the Court of Appeals that his £14 mil pound fortune was all but gone and that he could not afford the £9.5 mil settlement to his wife Ingrid in their divorce settlement. The cases of Moore and Myerson reflect growing examples of once rich men who can no longer afford to pay out generous divorce settlements once affordable during past good economic times.

With the recession hitting families hard, divorcing couples may not be able to afford the terms of settlement made before the global recession which consumed many jobs and, with that, the means of payment in divorce settlements. Don't let these tough times force you to live beyond your means or contemplate bankruptcy. My San Jose divorce lawyer offices can help you assess your divorce situation and solutions. My San Jose property division lawyer offices can help answer questions about division of assets as well.

Divorce automatically bankrupts hearts with stress, guilt or misgivings. Don't let it bankrupt your wallet as well.

Thursday, March 5, 2009

The Outcome of Same Sex Marriage in California

Today marked what many Californians may have considered a day of "reckoning", as the California Supreme Court took up oral arguments to decide the fate of Proposition 8 -- the same-sex marriage ban. Proposition 8, which prohibits same-sex marriage in California, was approved by voters last November in a narrow 52% to 48% margin. Subsequently, the highly controversial proposition was added to the California constitution to limit marriage to a man and a woman.

In May of 2008, the California Supreme Court justices had ruled a previous gay marriage ban as unconstitutional and thus legalized gay marriage in May 2008. While same-sex couples rushed clerks offices across the State to marry, same-sex marriage opponents wasted no time in gathering enough voter signatures to put a same-sex marriage ban on the November ballot. When approached by attorneys to prevent Proposition 8 from going to the ballot, the high court refused to hear the case, a case that would ultimately boomerang back to the same court and justices.

Today the California Supreme Court spent over 3 hours listening to and drilling into lawyers from both sides regarding the legality of how Proposition 8 was passed, whether the proposition violated separation of powers, and the ultimate fate of 18,000 same-sex marriages already performed last year. The California Supreme Court seemed visibly reluctant to invalidate the voter-approved proposition and, thus, trump the will of the people.

Regardless of the outcome, perhaps what lay more dubious is the fate of those 18,000 same-sex marriages performed during the brief 5-month period last year. Will the State of California recognize and validate those 18,000 same-sex marriage licenses, whether or not the Supreme Court upholds Prop 8?

And if California doesn't divorce its recognition of same-sex married couples, what impact would same-sex marriage have on areas of family law? How would same-sex marriage affect property rights, child support and custody, should a gay or lesbian couple decide to divorce?

My San Jose LGBT lawyer offices can help answer the confusing myriad of questions resulting from this relatively uncharted territory in family law. Our San Jose property division lawyer offices, San Jose divorce, separation and nullity lawyer offices, and San Jose child custody lawyer offices can help provide guidance and insight.

Whatever the result of the Supreme Court's ruling within the next 90 days, issues surrounding family and divorce law where same-sex couples are involved will most definitely be the subject of scrutiny and debate for years to come.