Back in May I blogged about no-fault divorce in New York and how it was make divorce simpler. A recent article talks about legal authorities concerns regarding no-fault divorce now that bill is to take effect.
One of the big concerns is how judges will calculate alimony. Under New York’s current system, judges can consider the needs of a family and its budget to determine what is necessary to maintain that marital lifestyle. With the new system, up to $500,000 of a spouse’s income will be counted when determining alimony. If a spouse earns millions a year, only $500,000 of that will be counted toward the formula.
There are two criteria that are to be considered and the lesser amount of the two is the alimony that is to be awarded. The first is 30 % of the higher-earning spouse’s income, minus 20% of the lower-earning spouse’s income. The second formula is 40% of the parties combined income, minus the lower-earning spouse’s income.
Another worry is a provision that will make the higher-earning spouse responsible for all legal fees for both sides, and a provision with a 3 year expiration date on child support orders. This would mean spouses would need to return to court to have child support orders renewed.
While California law is much different than New York. The spousal support laws are complex and require the assistance of a professional. California's spousal support laws are based on Family Code 4320 factors. The factors are a myriad and complex. They require careful consideration of each factor and how it applies to each case.
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.
Author's Notes
Tuesday, October 12, 2010
Dating Tips After a Divorce
I recently read an article with helpful tips for dating after divorce. After a divorce, dating can seem complicated. You’ve got money, property, loans or mortgages, children, and overall you’re cautious about getting into a new relationship. Here are some of the tips this article offers for the adventurous individual taking a chance again on love after Divorce:
Tip #1- Know what you want
According the article, there are two types of people who date after divorce: those who want to marry and those who want nothing to do with marriage. This rule should be obvious. If you want to get married again, then make sure you are dating someone who wants to as well. Know who you are. If you don’t want to marry, don’t date someone who does. If you do want to marry, don’t date someone who doesn’t. If you don’t know what you want, learn through the dating process. Figure out what you do and don’t want in a new mate.
Tip #2- Talk about religion, politics, and money on the first date
This rule used to be for those who don't want to offend someone they hardly know. The article goes on to explain that, an older person who has already gone through a divorce is not likely to change their beliefs on life. Therefore it's best to get those things out in the open. It may feel uncomfortable to talk about these things on a first date, but you’re probably at a point in your life where you don’t want to waste time avoiding important topics.
Tip #3- Ask the big questions
The article recommends to start asking important questions on the second date. Don't be afraid to get at the core of the other person to know if you are wasting your time or not. (Some examples: Do you want to marry again? Do you want more children?) Don’t be afraid to ask. It’s better you know answers to important questions before becoming too involved with someone. If you don’t have the same hopes and aspirations, then you may need to move on.
Tip #4- Test your date and protect your children
This one is the big one and often fraught with danger. Make sure you are careful about introducing a new lover to your children. Only do so if you are serious about this one. Once you start getting more serious with someone have your date observe your children in a public place where they won't notice your date. The goal is to see how they will react to your children without introducing them and getting them emotionally involved. You don’t want to invest time and emotions in someone who says they want kids, but is clearly scared when they actually see them.
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.
Tip #1- Know what you want
According the article, there are two types of people who date after divorce: those who want to marry and those who want nothing to do with marriage. This rule should be obvious. If you want to get married again, then make sure you are dating someone who wants to as well. Know who you are. If you don’t want to marry, don’t date someone who does. If you do want to marry, don’t date someone who doesn’t. If you don’t know what you want, learn through the dating process. Figure out what you do and don’t want in a new mate.
Tip #2- Talk about religion, politics, and money on the first date
This rule used to be for those who don't want to offend someone they hardly know. The article goes on to explain that, an older person who has already gone through a divorce is not likely to change their beliefs on life. Therefore it's best to get those things out in the open. It may feel uncomfortable to talk about these things on a first date, but you’re probably at a point in your life where you don’t want to waste time avoiding important topics.
Tip #3- Ask the big questions
The article recommends to start asking important questions on the second date. Don't be afraid to get at the core of the other person to know if you are wasting your time or not. (Some examples: Do you want to marry again? Do you want more children?) Don’t be afraid to ask. It’s better you know answers to important questions before becoming too involved with someone. If you don’t have the same hopes and aspirations, then you may need to move on.
Tip #4- Test your date and protect your children
This one is the big one and often fraught with danger. Make sure you are careful about introducing a new lover to your children. Only do so if you are serious about this one. Once you start getting more serious with someone have your date observe your children in a public place where they won't notice your date. The goal is to see how they will react to your children without introducing them and getting them emotionally involved. You don’t want to invest time and emotions in someone who says they want kids, but is clearly scared when they actually see them.
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 11, 2010
Child Custody Litigation Tips
I recently found some interesting tips regarding child custody when reading an article online.
This particular article was regarding child custody in Texas, but many of the tips can be applied and are useful for everyone in other states, even in San Jose and California. In Texas, it’s required for divorcing parents to try to reach a custody agreement through mediation before to going to trial. Remember the standard for any child custody litigation is what is the best interests of the child. This allows the parties to find a solution that puts their children first. According to the article, here are the recommended tips:
1. Look for the guidance of a qualified attorney – an attorney will understand your states laws and can help interpret them for you. Oftentimes, when one attempts to interpret the laws themselves, there are so many exceptions and misunderstandings that they can do more damage to their case.
2. Do research on your own- the best solution is to seek counsel from an attorney, but you should also take the initiative to do research. The local county law library is a good place to start. Additionally, there are many publishers of self help books on the market to assist you in self representation.
3. Use the Internet – the web has tons of information. Try using a social network or forum to talk about custody topics with your peers. They could offer useful, non-legal advice that can help you with your custody case.
4. Be open to working with your ex- You need to work together to make important decisions in raising your children. Until the child turns 18, you two are going to have to cooperate to raise your child. It's best to understand that, you can never detach yourself from your ex if you have a child together.
5. Put your children's interests before yours- This shows the court and your ex that you want to be an important part of your children's lives. Remember, the standard by most courts is that what is the best interest of the child. Please remember that if nothing else.
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.
This particular article was regarding child custody in Texas, but many of the tips can be applied and are useful for everyone in other states, even in San Jose and California. In Texas, it’s required for divorcing parents to try to reach a custody agreement through mediation before to going to trial. Remember the standard for any child custody litigation is what is the best interests of the child. This allows the parties to find a solution that puts their children first. According to the article, here are the recommended tips:
1. Look for the guidance of a qualified attorney – an attorney will understand your states laws and can help interpret them for you. Oftentimes, when one attempts to interpret the laws themselves, there are so many exceptions and misunderstandings that they can do more damage to their case.
2. Do research on your own- the best solution is to seek counsel from an attorney, but you should also take the initiative to do research. The local county law library is a good place to start. Additionally, there are many publishers of self help books on the market to assist you in self representation.
3. Use the Internet – the web has tons of information. Try using a social network or forum to talk about custody topics with your peers. They could offer useful, non-legal advice that can help you with your custody case.
4. Be open to working with your ex- You need to work together to make important decisions in raising your children. Until the child turns 18, you two are going to have to cooperate to raise your child. It's best to understand that, you can never detach yourself from your ex if you have a child together.
5. Put your children's interests before yours- This shows the court and your ex that you want to be an important part of your children's lives. Remember, the standard by most courts is that what is the best interest of the child. Please remember that if nothing else.
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.
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