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Family Law

California Family Law Blog

By Scott Sagaria

Post Frequency: 0.8/day

Last Entry: August 05, 2010 at 12:53:24

San Jose Divorce Lawyer Discusses Military Divorces

Posted on May 09, 2008
San Jose Divorce Lawyer Discusses Military Divorces Sharon Soonhoo has recently written an interesting article addressing Military divorces. There are many people who are in the military who are contemplating divorce. Many of these people also have military financial assets that they are concerned about when contemplating divorce...

San Jose Divorce Attorney Discusses Testimony in Divorce Proceedings

Posted on May 07, 2008
San Jose Divorce Attorney Discusses Testimony in Divorce Proceedings Last year the California Supreme Court held that the Contra Costa County Superior Court violated state law with a rule that prohibited people in divorce trials from presenting oral testimony...

San Jose Divorce Attorney Discusses the Virtue of Settlement

Posted on May 05, 2008
San Jose Divorce Attorney Discusses the Virtue of Settlement Many times in a dissolution, people plan for a contested trial on all the issues, and ultimately, they end up settling the issues, sometimes with and sometimes without the Court?s involvement...

Salinas Divorce Attorney Discusses Hiring a Private Judge

Posted on May 01, 2008
Salinas Divorce Attorney Discusses Hiring a Private Judge Due to the high divorce rate and lack of state and county resources the family court system in California is severely overcrowded. If a motion needs to be filed in a divorce case on any routine issue, such as child custody and visitation, child support, spousal support or property division it is routine to have to wait approximately six to eight weeks before you will have your day in court...

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San Jose Divorce Attorney Discusses Automatic Temporary Restraining Orders

Posted on April 28, 2008
San Jose Divorce Attorney Discusses Automatic Temporary Restraining Orders Upon the filing of the initial petition, the court automatically makes four orders which bind the Petitioner. These same four orders are binding on the Respondent when served with the summons and petition...

San Jose Divorce Attorney Comments on Former New Jersey Governor?s Divorce

Posted on April 24, 2008
San Jose Divorce Attorney Comments on Former New Jersey Governor?s Divorce Former New Jersey Governor James McGreevey?s divorce is final, after a sordid trial involving sex scandals, disputes about employment, and support. This case was litigated in New Jersey, but the issues are common to many if not all divorces, so it is instructive for us here in California...

San Jose Divorce Attorney Discusses Child Custody

Posted on April 22, 2008
San Jose Divorce Attorney discusses Child Custody Recently in the news, Britney spears has been making waves regarding her child custody battle with her ex-husband Kevin Federline. On July 17, 2008, Spears agreed to give her ex-husband Federline sole legal and physical custody of their two sons, Sean Preston and Jayden James, while she retains visitation rights...

San Jose Divorce Attorney Discusses No Fault Divorce

Posted on April 19, 2008
San Jose Divorce Attorney Discusses No Fault Divorce Every time a celebrity gets divorced we all hear the headlines that a divorce was filed citing irreconcilable differences. What the press does not get into is that in California there are actually only two grounds for divorce, irreconcilable differences or incurable insanity...

San Jose Divorce Attorney comments on Recent Article Regarding Divorce

Posted on April 14, 2008
San Jose Divorce Attorney comments on Recent Article Regarding Divorce This week Newsweek Magazine reports on how divorce changed the lives of children who lived through what Senior Editor David Jefferson coins as the ?divorce generation.? Jefferson recounts how the myth of the nuclear family exploded in the 60s, and the woman?s rights movement opened the workplace doors to mothers which in turn made divorce a viable option for many women...

San Jose Family Attorney Discusses Division of Personal Injury Damages in Divorce

Posted on April 08, 2008
San Jose Family Attorney Discusses Division of Personal Injury Damages in Divorce Personal injury awards are subject to special characterization and division rules in a divorce. Unlike most property, characterization of money or property received or to be received as personal injury damages depends on when the cause of action arose; it is not affected by when the actual proceeds are received...

San Jose Divorce Attorney comments on new study by American Academy of Matrimonial Lawyers

Posted on April 05, 2008
San Jose Divorce Attorney comments on new study by American Academy of Matrimonial Lawyers With e-mail and text messaging becoming the preferred method of communication, couples going through a divorce should be warned about the ramifications of what they communicate via such methods...

San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support

Posted on April 03, 2008
San Jose Divorce Attorney Discusses Calculation of Temporary versus Long Term Spousal Support Under the Family Code, temporary support may be ordered in any amount based upon the party?s need and the payor?s ability to pay while a divorce is pending...

San Jose Divorce Attorney Discusses Imputation of Income for Child Support

Posted on March 31, 2008
San Jose Divorce Attorney Discusses Imputation of Income for Child Support Family Code states that the court may, in its discretion and consistent with the child?s best interests, consider a parent?s earning capacity instead of his or her actual income when making a guideline support order...

San Jose Divorce Attorney Discusses Need-Based Attorney Fee and Cost Award

Posted on March 27, 2008
San Jose Divorce Attorney Discusses Need-Based Attorney Fee and Cost Award Under the Family Code, any award of attorney fees or costs in a marital action must be based on a determination of ability to pay and consideration of the parties? respective incomes and needs in order to ensure each party?s access to legal representation...

San Jose Family Law Attorney Comments on Recent California appellate opinion Estate of McDaniel

Posted on March 24, 2008
San Jose Family Law Attorney Comments on recent California appellate opinion Estate of McDaniel On March 27, 2008, a California court for the third appellate district issued an opinion which held that a wife was not entitled to inherit from her husband?s estate because she was not a surviving spouse within the meaning of section 78 of the Probate Code...

San Jose Family Law Attorney comments on Fiduciary Duties

Posted on March 21, 2008
San Jose Family Law Attorney comments on Fiduciary Duties Ronald Miserendino, once a multi-millionaire, may live the rest of his life in poverty. According to an article on Trading Markets.com, the ex-millionaire?s plan to hide assets from his ex wife has been in a Milwaukee County jail since 2005 facing ten counts of bank fraud, mail fraud, wire fraud, tax evasion, and money laundering...

San Jose Divorce Lawyer Discusses the Service Members Civil Relief Act

Posted on March 17, 2008
San Jose Divorce Attorney Discusses the Service Members Civil Relief Act Unfortunately many soldiers and sailors are facing family court while preparing for a deployment or after they have been deployed for duty. The Service Members Civil Relief Act has shielded service members by staying civil court actions and administrative proceedings during military activation...

Monterey County Attorney Discusses Child Custody Investigations

Posted on March 13, 2008
Monterey County Attorney Discusses Child Custody Investigations In the event that separated parents cannot agree on a custody and visitation schedule with their children, even after going through court assisted mediation, the parties will likely participate in a child custody investigation...

San Jose Family Law Attorney Discusses Family Law Restraining Orders

Posted on March 10, 2008
San Jose Family Law Attorney Discusses Family Law Restraining Orders For obvious reasons claims of domestic violence are taken very seriously in the family court. Unfortunately some people choose not to fight a restraining order without understanding that doing so will prejudice their custody rights and potentially have a negative impact on their immigration status or job prospects...

Fremont Family Lawyer Discusses Tax and Divorce

Posted on March 07, 2008
Fremont Family Law Attorney Discusses Taxes and Divorce With tax season upon us if you are currently going through a divorce or separation it is very important to consider tax implications. The first question to consider is how to file your taxes. There are generally three options available...

San Jose Divorce Attorney Discusses Internet Posting and Custody Battles

Posted on March 05, 2008
San Jose Divorce Attorney Discusses Internet Postings and Custody Battles It is understandable that people going through a divorce will want to vent their frustrations about their soon to be ex spouse to friends and family. However, in the electronic age it may also be too easy to voice that frustration to the world through the Internet...

Monterey County Divorce Attorney Discuses John Cleese?s Divorce

Posted on March 03, 2008
Monterey County Divorce Attorney Discuses John Cleese?s Divorce John Cleese is famous for his acting roles in movies like a Fish Called Wanda and for his roles in the British series Monty Python and Faulty Towers. According to friends Mr. Cleese is said to be livid that his soon to ex-wife, Alyce Faye, has turned what should have been an amicable divorce into a litigation battle that could reach the same level of notoriety as the Paul McCartney and Heather Mills divorce...

San Jose Child Support Attorney Discusses Democratic Presidential Candidate, Hillary Clinton?s, Youth Opportunity Agenda Regarding Child Support Problems Faced by Low-Income African-American Fathers

Posted on February 24, 2008
San Jose Child Support Attorney Discusses Democratic Presidential Candidate, Hillary Clinton?s, Youth Opportunity Agenda Regarding Child Support Problems Faced by Low-Income African-American Fathers The Urban League?s 2006 report on the situation of African-Americans in the United States concluded that the child support system and its abuses were a major problem, functioning as a large, hidden ?tax? on the already skimpy earnings of many African-American males...

San Jose Family Attorney Discusses Grounds for Termination of Spousal Support

Posted on February 22, 2008
San Jose Family Attorney Discusses Grounds for Termination of Spousal Support Unless the parties have otherwise agreed in writing, a court-ordered spousal support obligation terminates upon either party?s death or the supported party?s remarriage. Said spousal support termination is self-executing, meaning no motion to terminate is required and therefore no court action is required...

San Jose Divorce Lawyer Comments on Eddie Murphy's Divorce and Almost Second Marriage

Posted on February 20, 2008
San Jose Divorce Lawyer Comments on Eddie Murphy?s Divorce and Almost Second Marriage Eddie Murphy?s divorce from his first wife of 12 years, Nicole Mitchell Murphy, with whom he shares five children, was finalized in 2006. However, the division of property is still continuing to the present...

San Jose Family Law Attorney Discusses Adultery as a Grounds for Divorce

Posted on February 18, 2008
San Jose Family Lawyer Discusses Adultery as a Grounds for Divorce A survey recently identified extramarital affairs as the most common reason for divorce in the United Kingdom. Undoubtedly, adultery is the leading cause of divorce in the United States as well...

San Jose Family Law Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order

Posted on February 15, 2008
San Jose Divorce Attorney Discusses the Change of Circumstances Requirement Necessary to Obtain a Modification of a Spousal Support Order The change of circumstances necessary to obtain a modification of a spousal support order are the same as those the Court considers in making the initial long-term spousal support order at the time of the judgment under California Family Code Section 4320...

San Jose Family Law Attorney Discusses Pamela Anderson?s Request for an Annulment Against Rick Salomon

Posted on February 13, 2008
San Jose Family Law Attorney Discusses Pamela Anderson?s Request for an Annulment Against Rick Salomon. Former ?Baywatch? star, Pamela Anderson, has filed court documents seeking to have her third marriage to Rick Salomon annulled on the grounds of fraud...

San Jose Child Support Attorney Discusses the Duration of the Statutory Child Support Duty

Posted on February 11, 2008
San Jose Child Support Attorney Discusses the Duration of the Statutory Child Support Duty Typically, the statutory duty to support a minor child terminates when the child reaches age 18. However, parents can agree to pay for the support of an adult child or for the continuation of child support after a child reaches age 18, subject to approval by the court...

San Jose Family Law Attorney Discusses Child Support

Posted on February 06, 2008
San Jose Family Law Attorney Discusses Child Support Until recently, the state of Minnesota did not consider the incomes of both parents when it came to determining child support. Instead, the courts simply looked at the time the non-custodial parent spent with the child and that parent?s income...

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