New Year New Divorce - Santa Clara County Family Law

There is a informative article about the basics of starting a new divorce process for the new year. According to the article, January is a busy time of the year for divorce filings. Whether it is from a bad holiday season, or those looking for a fresh new start to their life, it is a busy time for filings.

After you have secured the assistance of a trustworthy family lawyer you need to start your filings. To start a new divorce case in California, the article states you must be a resident of California for one year prior to filing for divorce in California. The article states that, the attorney will assist in preparing the divorce petition, citing the reasons for the divorce. The most common cited reason is irreconcilable differences.

If there are children, the article recommends that the parties attempt to work out a custody schedule. If that is not possible, the courts will often decide on joint legal custody and primary physical custody to one parent with the other the visiting parent.

The next issue is the property division. The article states that in determining spousal support the courts will look at the length of the marriage, the standard of living, and the earning potential of the parties. The courts often divide property 50/50.

If you have any further santa clara county family lawyer questions please contact a san jose divorce lawyer. Santa clara child custody, Sunnyvale spousal support attorney.

Virtual Visitation for Non Custodial Parents in Family Law

I read a great new article about a new law in Illinois that allows for non custodial parents to have and enforce virtual visitation with their children. The virtual visit can take the place of video conference links with the child, texting, or instant messaging. According to the article, the more frequent visits have helped to keep the children connected to their non custodial parent and furthermore it helps with the stress of living in two households. While it should not take the place of real legitimate visitation with a parent, it can certainly help with keeping the daily connection to the child.

If you have any San Jose Divorce Lawyer questions please contact my Campbell Child Custody Attorney office.

Immigrants, Domestic Violence, and Restraining Orders

I just read a great article concerning the plight of new immigrants to the US and the problem of domestic violence at home. Often times the abuser is the husband and the wife who in many traditional cultures relies on the husband for support, is left with few resources. The women suffer in silence, and there are threats that keep the women in the abusive relationship. For many of the women, the abuser threatens them with deportation. For others, the abuser threatens to take the children away from the victim. Then for many others, the stigma of being divorced or being a victim of abuse, prevents them from seeking help.

According to the story, there is a clear lack of education concerning the domestic violence process as it relates to family law. Many victims are not aware of the resources out there who can assist them in leaving their abusive spouse and filing to obtain a restraining order to protect themselves. A restraining order can be a powerful tool for the victim of domestic violence to protect against future attacks and to prevent the victim from being intimidated by the abuser. In my office, I represent victims of domestic violence in restraining order hearings in Santa Clara County and San Jose Restraining Order. I also represent accused in restraining order hearings in Sunnyvale, and Bay Area.