I found a great in depth article on a condition in the family law circles known as parental alienation. According to the article, some psychologists believes a parent can poison the mind of a child to fear or hate the other parent. This mental slander results in a damaged relationship or estrangement.
The article states that parental alienation is a problem and that the child can learn to fear the other parent just through the statements that are made in the daily life. Factors such as poor parenting skills or personality on the part of the mother or father and stages of normal development or reactions to divorce on the part of the child can also cause alienating behaviors. Basically, a parent’s own behavior can cause a child to become estranged.
The article also states that alienation can eventually lead to issues of domestic violence in extreme cases of parental alienation. Parental alienation can hide other issues, such as, domestic violence, child abuse and child sexual abuse.
There is debate on whether PAS is an accepted theory or one that is unproven. According to the article, The National District Attorneys Association states on their Web site, that PAS is unproven and can threaten the criminal justice system and the safety of abused children.
Once such case sited in the article is one of Katie Tagle, who sought a restraining against her ex-boyfriend Stephen Garcia to stop him from having unsupervised visitation with their nine-month-old child. She told the judge Garcia threatened to kill their child, but the judge believed Garcia over Tagle. The judge denied her the order. Garcia took their son the same day, drove into the mountains, and ten days later, they were both found dead.
According to the author of the article, 58,000 children a year go into sole or joint custody arrangements or unsupervised visitation with physically or sexually abusive parents.
One parent can accuse the other of alienating the child and thereby not report the abuse. It is a touchy subject. Many times I speak with Father's who feel that their child is being alienated from them. The subject of Fathers Right Divorce Law is an up and coming area in Family Law whereby Fathers are asserting that for many years Mothers and the courts have been concerted in alienating children from their Fathers.
The debate is ongoing, but hopefully the system will change in the future so that all sides are protected and that ultimately children benefit from having both parents in their life.
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
Friday, January 28, 2011
Different Approaches to Divorce in Santa Clara County
I recently found an article that briefly outlines a person’s choices when it comes to common approaches to divorce.
The new year brings about new changes to many people. With the idea of new changes, brings the idea that many people want to end their former marriages and start a fresh with a divorce. There are different options that different law firms may offer in terms of ending a marriage. The article presents 3 different strategies for couples to end their marriage. According to the article:
Mediation – A neutral party helps both spouses reach agreements on issues related to the divorce. The mediator doesn’t represent the Petitioner or the Respondent. A mediator’s focus is to provide you with information on the law. If the mediation proves successful the parties do not need to go to court.
Collaboration – This process is for those that are interested in a more private divorce outside of the eyes of the public. All filings in the court house become part of the public record. According to the article in collaboration, both parties agree not to go to court and to settle all issues related to their divorce outside of court. This method differs from mediation in several ways, but the most notable point is that both parties are represented by attorneys who are working for their best interests.
Litigation – This is what many people think of when they think of getting a divorce. Both parties lawyering up and fighting each other to the death in a court room. This is probably the hardest of the decisions, but sometimes there really is no other choice. In this strategy, both parties have an attorney, motions are filed, and court hearings are held to reach decisions in a case. This can be more costly than the other methods as litigation requires more time and resources. Also, the parties have less say regarding how issues in the divorce are handled because they will be settled by a judge.
Litigation however, is not a losing process. Sometimes it is the only effective way to handle a divorce, and can end up being the most cost effective as both parties realize the costs and quickly reach a settlement. The litigation process affords the parties many opportunities to reach settlement along the way, so the entire process is not completely out of the parties hands.
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 new year brings about new changes to many people. With the idea of new changes, brings the idea that many people want to end their former marriages and start a fresh with a divorce. There are different options that different law firms may offer in terms of ending a marriage. The article presents 3 different strategies for couples to end their marriage. According to the article:
Mediation – A neutral party helps both spouses reach agreements on issues related to the divorce. The mediator doesn’t represent the Petitioner or the Respondent. A mediator’s focus is to provide you with information on the law. If the mediation proves successful the parties do not need to go to court.
Collaboration – This process is for those that are interested in a more private divorce outside of the eyes of the public. All filings in the court house become part of the public record. According to the article in collaboration, both parties agree not to go to court and to settle all issues related to their divorce outside of court. This method differs from mediation in several ways, but the most notable point is that both parties are represented by attorneys who are working for their best interests.
Litigation – This is what many people think of when they think of getting a divorce. Both parties lawyering up and fighting each other to the death in a court room. This is probably the hardest of the decisions, but sometimes there really is no other choice. In this strategy, both parties have an attorney, motions are filed, and court hearings are held to reach decisions in a case. This can be more costly than the other methods as litigation requires more time and resources. Also, the parties have less say regarding how issues in the divorce are handled because they will be settled by a judge.
Litigation however, is not a losing process. Sometimes it is the only effective way to handle a divorce, and can end up being the most cost effective as both parties realize the costs and quickly reach a settlement. The litigation process affords the parties many opportunities to reach settlement along the way, so the entire process is not completely out of the parties hands.
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, January 17, 2011
Property Transfers Incident to Divorce for Same Sex Couples
Recently in Texas a group of courts refused to grant a divorce to same sex couples on the grounds that allowing a couple to get a court divorce was similar to recognition of the marriage. I recently found an article on this matter.
Approximately 50 years ago, Congress changed the tax code to state that transfers incidental to a divorce are a tax free transaction. This matter even affects same-sex couples who reside in other states such as California that recognize their marriage because it involves tax penalties on same-sex married couples.
According to the article, currently, if one spouse in a marriage of two people of the opposite sex gets the entire house or a portion of their spouse's savings account, the transfer is considered incident to a divorce and is a tax free transaction.
The article states that same sex divorces have none of these privileges. Partners may be considered married under state law and one of the partners may have to transfer properties or investment accounts or pay alimony to their ex, the spousal exemption from taxation does not apply to them. This creates a problem because the IRS hasn't clearly stated what rules should be applied in this situation. Is it a gift, which could eventually result in a gift tax being owed by the one making the gift, or is it taxable income to the recipient?
Recently the IRS issued a "Chief Counsel Advisory" that community property income would be treated as joint income for income tax reporting purposes, even if the marriage or domestic partnership was not recognized as a marriage in community property state. But the rulings have only dealt with income tax reporting for income, so it’s not known what the IRS will do when it comes to a divorce. Hopefully the rules will be changed so that the tax free exemption for transfers incident to a divorce applies to all kinds of partnerships.
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.
Approximately 50 years ago, Congress changed the tax code to state that transfers incidental to a divorce are a tax free transaction. This matter even affects same-sex couples who reside in other states such as California that recognize their marriage because it involves tax penalties on same-sex married couples.
According to the article, currently, if one spouse in a marriage of two people of the opposite sex gets the entire house or a portion of their spouse's savings account, the transfer is considered incident to a divorce and is a tax free transaction.
The article states that same sex divorces have none of these privileges. Partners may be considered married under state law and one of the partners may have to transfer properties or investment accounts or pay alimony to their ex, the spousal exemption from taxation does not apply to them. This creates a problem because the IRS hasn't clearly stated what rules should be applied in this situation. Is it a gift, which could eventually result in a gift tax being owed by the one making the gift, or is it taxable income to the recipient?
Recently the IRS issued a "Chief Counsel Advisory" that community property income would be treated as joint income for income tax reporting purposes, even if the marriage or domestic partnership was not recognized as a marriage in community property state. But the rulings have only dealt with income tax reporting for income, so it’s not known what the IRS will do when it comes to a divorce. Hopefully the rules will be changed so that the tax free exemption for transfers incident to a divorce applies to all kinds of partnerships.
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.
Ways to Handle Divorce with Young Children
It’s never easy for parents to tell their children that they’re getting divorced, but there are things parents can do to ease the transition. I found an article that covers how parent’s who are divorcing can tell children of different age groups what’s happening and how to make it easier on them. The article describes the following tips for handling divorce with young children.
Babies and Very Young Children
According to the article, one might think babies are too young to understand what’s happening, but even children as young as six weeks old know when something has changed in their routine. One idea is to keep the baby at home and have the non-custodial parent visit frequently. It hard to maintain a consistent routine if the baby is constantly being switched between homes.
Also, babies whose parents are going through a divorce tend to cry more and sleep less soundly than those whose parent’s are still together. This is a natural reaction to stress and should lessen within a few months.
Toddlers
Toddlers don’t understand the concept of marriage and divorce, so the article suggests telling them the toddler that the parents will be living in different households, but the love and affectionf or the child will remain the same. It’s also important to reassure your child that no matter where their mommy and daddy live, your former spouse will still be their mom or dad and will still love them no matter what.
Again, it’s important for a toddler to have frequent visits with the noncustodial parent, to keep the connection to both parents.
Preschool
Preschool age children are big thinkers. At this age you may need to reassure them that mommy and daddy are not getting divorced because of something they’ve done, but because mommy and daddy don’t get along anymore.
Preschoolers may also become overly fearful when you go to work or even run a quick errand, assuming that you're gone for good. Before leaving, be as specific about when you'll be back.
Kids this age may also react to a divorce by regressing because their coping skills aren't fully developed. They may use baby talk, demand a pacifier, or need their security blanket to comfort themselves during stressful times. If this occurs, help your child put words to the situation, and be sure to shower him with lots love and attention.
Grade-school
Older children have many of the same concerns that children of younger age groups do, but you can use more statements not as simple as would be used with preschool age children for example. Because older children understand the concept of time, it's easier to explain to them how the divorce will affect their routine.
Instead of expressing their anxiety at home, some children will act out at school by fighting or causing a disruption in the class room. It’s also typical for them to internalize their distress and develop chronic headaches or stomachaches. Let your child's teachers, and coaches know what's going on, and keep in close contact with them to monitor how your child is dealing with the situation.
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.
Babies and Very Young Children
According to the article, one might think babies are too young to understand what’s happening, but even children as young as six weeks old know when something has changed in their routine. One idea is to keep the baby at home and have the non-custodial parent visit frequently. It hard to maintain a consistent routine if the baby is constantly being switched between homes.
Also, babies whose parents are going through a divorce tend to cry more and sleep less soundly than those whose parent’s are still together. This is a natural reaction to stress and should lessen within a few months.
Toddlers
Toddlers don’t understand the concept of marriage and divorce, so the article suggests telling them the toddler that the parents will be living in different households, but the love and affectionf or the child will remain the same. It’s also important to reassure your child that no matter where their mommy and daddy live, your former spouse will still be their mom or dad and will still love them no matter what.
Again, it’s important for a toddler to have frequent visits with the noncustodial parent, to keep the connection to both parents.
Preschool
Preschool age children are big thinkers. At this age you may need to reassure them that mommy and daddy are not getting divorced because of something they’ve done, but because mommy and daddy don’t get along anymore.
Preschoolers may also become overly fearful when you go to work or even run a quick errand, assuming that you're gone for good. Before leaving, be as specific about when you'll be back.
Kids this age may also react to a divorce by regressing because their coping skills aren't fully developed. They may use baby talk, demand a pacifier, or need their security blanket to comfort themselves during stressful times. If this occurs, help your child put words to the situation, and be sure to shower him with lots love and attention.
Grade-school
Older children have many of the same concerns that children of younger age groups do, but you can use more statements not as simple as would be used with preschool age children for example. Because older children understand the concept of time, it's easier to explain to them how the divorce will affect their routine.
Instead of expressing their anxiety at home, some children will act out at school by fighting or causing a disruption in the class room. It’s also typical for them to internalize their distress and develop chronic headaches or stomachaches. Let your child's teachers, and coaches know what's going on, and keep in close contact with them to monitor how your child is dealing with the situation.
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.
Child Support Payments and Termination of Parental Rights
You would think that losing parental rights would mean child support payments no longer need to be made, but I found an article where the Michigan Supreme Court has issued a unanimous opinion that states a loss of parental rights doesn’t necessarily mean a person can stop paying child support. The justices wrote in an opinion that even after a parent’s rights have been terminated, the law requires financial support unless a judge modifies or terminates the obligation.
The ruling was in an Oakland County case involving a father. The father, according to the court, had argued that his obligation to pay child support ended when his parental rights were terminated, and that any continued obligation to make payments violated his constitutional right to due process of law.
The father's parental rights were terminated in May 2009 and his children were made temporary wards of the court. He was ordered to continue paying child support under the terms of the divorce judgment while the children were cared for by the grandmother.
Six justices stated that legislature has made a clear distinction between parental rights and the parental obligation to support a minor child. Nothing in the legal structure indicates that the termination of parental rights automatically results in the severance of the parental support duty.
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 ruling was in an Oakland County case involving a father. The father, according to the court, had argued that his obligation to pay child support ended when his parental rights were terminated, and that any continued obligation to make payments violated his constitutional right to due process of law.
The father's parental rights were terminated in May 2009 and his children were made temporary wards of the court. He was ordered to continue paying child support under the terms of the divorce judgment while the children were cared for by the grandmother.
Six justices stated that legislature has made a clear distinction between parental rights and the parental obligation to support a minor child. Nothing in the legal structure indicates that the termination of parental rights automatically results in the severance of the parental support duty.
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.
Child Support Agreements
In New Hampshire, parents can't change a child support order without approval by the court. I found an article regarding the story of divorced parents in New Hampshire who had agreed in writing two years ago to amend child support payments after the father, lost his job.
The state Division of Child Support Services sent Anthony Laura the bill this summer after his ex-wife, Ericka Scott, applied for food stamps and other state assistance.
The justices ruled that the state's child support guidelines are in place to help guarantee adequate support for children and require that parents meet their support responsibilities based on their income and ability to pay.
The agreement between the parents lessened the amount of money would owe. The Supreme Court of New Hampshire disagreed with this position. The agreement is is viewed as invalid because the family court did not approve it and the father is now liable for approximately $5,000 in back payments for the court-ordered support. The Supreme Court upheld a lower court ruling that the private agreement has no bearing on the court-ordered back support.
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 state Division of Child Support Services sent Anthony Laura the bill this summer after his ex-wife, Ericka Scott, applied for food stamps and other state assistance.
The justices ruled that the state's child support guidelines are in place to help guarantee adequate support for children and require that parents meet their support responsibilities based on their income and ability to pay.
The agreement between the parents lessened the amount of money would owe. The Supreme Court of New Hampshire disagreed with this position. The agreement is is viewed as invalid because the family court did not approve it and the father is now liable for approximately $5,000 in back payments for the court-ordered support. The Supreme Court upheld a lower court ruling that the private agreement has no bearing on the court-ordered back support.
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, January 5, 2011
Tips for Child Custody and Divorced Parents
I know the holidays have come and gone, but I thought I would write a little about an article I found about the holidays, children, and divorce. It’s especially interesting because some of the tips can be applied and considered throughout the year.
When parents divorce, it is highly important that the children remain children. In order to do that, parents are encouraged to set and maintain healthy boundaries for their children. The process can be difficult but will encourage everyone to eventually heal from the divorce.
The holiday season can be stressful for many of us, particularly for those who are divorced. The article offers an important piece of information- the holidays are the best present parents can give their children. Some of the tips offered by the article are:
1. Create a supportive bond with your ex-spouse. Whatever feelings you may against your ex-spouse remember the needs of your children come first.
2. Maintain the role of being a parent with your child. Never disparage your ex-spouse or ask your children to be messengers between the two feuding parents. When you say negative things about the other parent, children often feel caught in the middle sometimes may even feel resentful toward you for putting them in that spot.
3. Keep the details you give your children limited and age-appropriate when talking to them about your ex-spouse or the divorce. Children need don't need to know about all of the day to day adult problems you are experiencing from the divorce.
4. Maintain as much normalcy and consistency as possible by keeping regular routines, rules and expectations at both households.
5. Recognize when your children need extra assistance to deal with their feelings. Counseling and support from a trusted adult will allow your children to express their feelings in a safe environment and develop healthy coping skills.
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.
When parents divorce, it is highly important that the children remain children. In order to do that, parents are encouraged to set and maintain healthy boundaries for their children. The process can be difficult but will encourage everyone to eventually heal from the divorce.
The holiday season can be stressful for many of us, particularly for those who are divorced. The article offers an important piece of information- the holidays are the best present parents can give their children. Some of the tips offered by the article are:
1. Create a supportive bond with your ex-spouse. Whatever feelings you may against your ex-spouse remember the needs of your children come first.
2. Maintain the role of being a parent with your child. Never disparage your ex-spouse or ask your children to be messengers between the two feuding parents. When you say negative things about the other parent, children often feel caught in the middle sometimes may even feel resentful toward you for putting them in that spot.
3. Keep the details you give your children limited and age-appropriate when talking to them about your ex-spouse or the divorce. Children need don't need to know about all of the day to day adult problems you are experiencing from the divorce.
4. Maintain as much normalcy and consistency as possible by keeping regular routines, rules and expectations at both households.
5. Recognize when your children need extra assistance to deal with their feelings. Counseling and support from a trusted adult will allow your children to express their feelings in a safe environment and develop healthy coping skills.
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.
Married and Divorced When Young
Are you in your 20s and divorced or considering divorce? There are multiple issues to deal with when you are young such as the being a single parent to young children,and the financial hardship. I found a helpful article with some tips on how to make decisions a little easier and hopefully more bearable.
1. Let go of the thought that just because your marriage didn’t succeed that you are a failure. Many people think of themselves as being a failure when their marriage fails, but that’s just not true.
2. Don't buy into gossip. People will talk and speculate about what went wrong, but accept the fact that people (including family and friends) are going to talk about your situation. Don’t let gossip make you feel bad or stress.
3. Learn how to deal with hurtful comments and unsolicited advice. As soon as word of your divorce gets out, you will be subjected to comments and advice from everyone. Just remember not all advice is useful and not all comments are complimentary. The article gives the example of coming up with a standard response to certain situations.
4. Protect yourself legally. You have legal rights and obligations. It’s important to attain legal advice early in the process, from a Family Law attorney.
5. Get your finances in order and plan for the future. You will be dealing with life as a single person and have to be solely responsible for your own well being.
6. Stop packing emotional luggage. In an attempt to quickly reestablish a social life. Many young divorcees engage in inappropriate behavior, such as: excessive drinking, promiscuity, and overspending. Avoid temptation to engage in self destructive behavior.
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.
1. Let go of the thought that just because your marriage didn’t succeed that you are a failure. Many people think of themselves as being a failure when their marriage fails, but that’s just not true.
2. Don't buy into gossip. People will talk and speculate about what went wrong, but accept the fact that people (including family and friends) are going to talk about your situation. Don’t let gossip make you feel bad or stress.
3. Learn how to deal with hurtful comments and unsolicited advice. As soon as word of your divorce gets out, you will be subjected to comments and advice from everyone. Just remember not all advice is useful and not all comments are complimentary. The article gives the example of coming up with a standard response to certain situations.
4. Protect yourself legally. You have legal rights and obligations. It’s important to attain legal advice early in the process, from a Family Law attorney.
5. Get your finances in order and plan for the future. You will be dealing with life as a single person and have to be solely responsible for your own well being.
6. Stop packing emotional luggage. In an attempt to quickly reestablish a social life. Many young divorcees engage in inappropriate behavior, such as: excessive drinking, promiscuity, and overspending. Avoid temptation to engage in self destructive behavior.
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.
Real Estate Property and Divorce
I found an interesting article online regarding divorce and the need to make difficult real estate decisions in New Jersey, but the article very much relates to couples in any state.
In the past, there was always an option to discuss who will get to keep the family home, because the house was the largest asset the couple owned, but now with the downturn of the real estate market, many homes are worth less than the mortgage. Not to mention it’s likely the home will not sell right away. This leaves couples in the process of divorcing to consider who will take responsibility for any financial debts and how to divide the debts between each other, upon the divorce.
According to the article, divorce rates have only risen by 2% since 2006 in Jew Jersey. Real estate agents are noticing that many of their clients are divorced or in the process of divorcing and are scrambling to sell their home and find a more affordable one. For now it seems couples will have to ask themselves if they want to sell now or later, consider the value may go down even further if they wait. Should they stop paying the mortgage or take a short sale? In some circumstances maybe one party should buy out the other party. All of the decisions provide an uncertain result.
In some cases, a couple going through the process of divorce will continue to live in the home together until the divorce is finalized in order to save money. This is not an ideal situation due to the possible of domestic violence or conflict when living together during a high tension 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.
In the past, there was always an option to discuss who will get to keep the family home, because the house was the largest asset the couple owned, but now with the downturn of the real estate market, many homes are worth less than the mortgage. Not to mention it’s likely the home will not sell right away. This leaves couples in the process of divorcing to consider who will take responsibility for any financial debts and how to divide the debts between each other, upon the divorce.
According to the article, divorce rates have only risen by 2% since 2006 in Jew Jersey. Real estate agents are noticing that many of their clients are divorced or in the process of divorcing and are scrambling to sell their home and find a more affordable one. For now it seems couples will have to ask themselves if they want to sell now or later, consider the value may go down even further if they wait. Should they stop paying the mortgage or take a short sale? In some circumstances maybe one party should buy out the other party. All of the decisions provide an uncertain result.
In some cases, a couple going through the process of divorce will continue to live in the home together until the divorce is finalized in order to save money. This is not an ideal situation due to the possible of domestic violence or conflict when living together during a high tension 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.
Same Sex Marriage and Child Custody
I recently read an article about a partner of a same-sex couple fighting for custody of an adopted child. The Court ruled that a same-sex partner of an adoptive mother can’t seek child custody but may request visitation. The New Mexico State laws provide no legal right for the woman to seek custody of a child that was adopted by her partner during their 15 year relationship.
The court’s majority said the state’s child custody law applies to biological or adoptive parents. The rationale is that an unmarried partner of an adoptive parent can’t seek child custody and since New Mexico does not offer marriage to same sex couples.
The custody dispute involves Bani Chatterjee and Taya King. Taya King adopted the child because of concerns that Russian adoption agencies would object to two same-sex parents. The couple separated in 2008, and King moved to Colorado. Chatterjee filed a lawsuit in state district court asking a judge to declare her a parent and decide custody and visitation. Chatterjee states she had shared in raising the child for nine years and there was a parent-child relationship, but the judge dismissed her case.
New Mexico law does not provide for same-sex marriages, and proposals have been futile in the effort to establish domestic partnerships. Domestic partnership status would provide unmarried same-sex and opposite-sex couples the legal protections of married couples.
The appeals court did not decide whether Chatterjee should be granted visitation rights, only that she can go back to district court and ask.
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 court’s majority said the state’s child custody law applies to biological or adoptive parents. The rationale is that an unmarried partner of an adoptive parent can’t seek child custody and since New Mexico does not offer marriage to same sex couples.
The custody dispute involves Bani Chatterjee and Taya King. Taya King adopted the child because of concerns that Russian adoption agencies would object to two same-sex parents. The couple separated in 2008, and King moved to Colorado. Chatterjee filed a lawsuit in state district court asking a judge to declare her a parent and decide custody and visitation. Chatterjee states she had shared in raising the child for nine years and there was a parent-child relationship, but the judge dismissed her case.
New Mexico law does not provide for same-sex marriages, and proposals have been futile in the effort to establish domestic partnerships. Domestic partnership status would provide unmarried same-sex and opposite-sex couples the legal protections of married couples.
The appeals court did not decide whether Chatterjee should be granted visitation rights, only that she can go back to district court and ask.
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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