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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 Family Lawyer Talk about Reasonable Visitation

Posted on February 04, 2008
San Jose Family Lawyer Talk about Reasonable Visitation When parties divorce with children involved, one of the biggest problems is the visitation schedule of the children. Ideally, the court wants both parents to spend equal time with the children...

San Jose Divorce Attorney Discusses Fiduciary Duty Between Spouses

Posted on January 28, 2008
San Jose Divorce Attorney Discusses Fiduciary Duty Between Spouses In California, spouses owe each other a fiduciary duty, which is defined in California Family Code 壯 721 and 1100. In a nutshell, California Family Code requires each spouse to act in the highest good faith and not take unfair advantage of the other when doing things involving property division that involve the other...

San Jose Family Attorney Discusses Mediation

Posted on January 25, 2008
San Jose Family Attorney Discusses Mediation In California parents are required to attend child custody and visitation mediation if they cannot agree on a timeshare schedule for their children after they separate. It is important to know the procedures for mediation in the county where you case is being litigated...

Fremont Divorce Attorney Comments on Default Dissolution

Posted on January 23, 2008
Fremont Divorce Attorney Comments on Default Dissolution Many people are familiar with the following situation: couple breaks up, decides to get divorced. If you are considering divorce please contact one of our San Jose Divorce Lawyers. One party files the petition for dissolution and, after being properly served, the other party does not file a response...

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San Jose Divorce Attorney Comments on Same Sex Divorc

Posted on January 21, 2008
San Jose Divorce Attorney Comments on Same Sex Divorc As states begin to allow same sex couples to marry or register as domestic partners, they must simultaneously begin to address what happens when these couples split up. If a couple is divorcing or terminating a domestic partnership in the same state where they married, then the process is somewhat simpler...

San Jose Family Law Attorney Discusses Epstein Credits

Posted on January 18, 2008
San Jose Family Law Attorney Discusses Epstein Credits Given that it takes a minimum of six months and one day to obtain a divorce in California, it is common for one spouse to continue paying community debts while the divorce is pending. When a party uses his or her separate property for community purposes after separation, that party, as a general matter is entitled to reimbursement...

San Jose Family Law Attorney Discusses Division of Stock Options in Divorce

Posted on January 16, 2008
San Jose Family Law Attorney Discusses Division of Stock Options in Divorce Generally, community property, or property that is not specified by statute to be separate property, will be divided equally between the parties in a dissolution action in California...

San Jose Family Law Attorney Comments on the Current Housing Market and Divorce

Posted on January 14, 2008
San Jose Family Law Attorney Comments on the Current Housing Market and Divorce All across the nation and particularly throughout the Bay Area, the housing market has seen a slump in sales and an increase in foreclosures. Although a decline in real estate sales creates a difficult situation for people would-be sellers, throwing a divorce into the mix makes a difficult situation, even more complicated...

San Jose Family Attorney Discusses Visitation after Seperation

Posted on January 11, 2008
San Jose Family Attorney Discuses Visitation Issues after Separation If you have recently separated from your spouse, or if you are considering it, one of the issues that will be of concern to you is how much you will be seeing your children. First, you should seek the cousnel of a San Jose Divorce Attorney...

San Jose Divorce Attorney Discusses Real Property Issues

Posted on January 09, 2008
San Jose Divorce Attorney Discusses Real Property Issues If you are thinking about a divorce or are already going through divorce proceedings then the current housing market issue is of concern to you if you own real property. It is imperitive that you seek the aid of a San Jose Family Law Attorney...

Santa Clara County Child Custody Lawyer Discusses the ?Significant Connection? and ?Substantial Evidence? Test Under the Uniform Child Custody Jurisdiction and Enforcement Act

Posted on January 07, 2008
San Jose Family Attorney One of the jurisdictional tests under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in order for a California court to hear and make an initial child custody determination is the ?significant connection? and ?substantial evidence? test...

San Jose Family Attorney discusses Hilary Clinton's Brother is a Deadbeat Dad

Posted on January 04, 2008
San Jose Family Attorney Discusses Hilary Clinton?s Brother the Deadbeat Dad Hilary Rodham Clinton?s younger brother Anthony Rodham is a deadbeat dad who owes tens of thousands of dollars in child support to his former wife, Nicole Boxer. Unfortunately from Mrs...

Santa Clara Divorce Lawyer comments on Sean Penn's Divorce Proceeding

Posted on January 03, 2008
Santa Clara County Divorce Lawyer Comments on Sean Penn?s Divorce Proceedings On December 21, 2007, Robin Wright Penn filed for divorce from husband, Sean Penn, with the Marin County Superior Court, citing irreconcilable differences. The couple was married in 1996 and have two minor children together: Dylan Frances, 16, and Hopper Jack, 14...

San Jose Family Atttorney speaks about Totten Trusts

Posted on January 02, 2008
San Jose Divorce Attorney There many ways for a person to pass their estate to their children at their death. The most commonly known way is through a Will. A Will is usually a formal document outlining how a person wants to distribute all their assets after passing away...

Monterey Family lawyer comments on TV star's child support case

Posted on December 14, 2007
San Jose Family Lawyer Goran Visnjic had agreed to pay $1,800.00 per month in child support to a Croatian woman who filed a suit against him in Croatian court. Visnjic originally contested her claim that he was the father of the child, who was conceived in 2006...

San Jose Divorce Attorney Comments on Jessica Alba's Pregnancy

Posted on December 13, 2007
San Jose Family Attorney With divorce rates what they are today its not surprising that so many couples are choosing to start a family together without taking the traditional walk down the aisle first. That is the case with actress Jessica Alba and her boyfriend Cash Warren who just announced they are expecting a child in the spring of next year...

San Jose Divorce Lawyer comments on Gambling during the marriage

Posted on December 12, 2007
Under the California Family Code, debt incurred during a marriage is considered community property or each party owes half of it. While community debt common for auto loans, mortgages, or credit card debt, does it also apply to gambling debt? For example, if a husband went to Reno and bet $10,000...

San Jose Divorce Attorney Discusses Child Support for the Rich

Posted on December 10, 2007
Almost everyday in the news we hear about some celebrity divorcing which means there is child support to be paid. Unfortunately for Tracy McGrady he will be spending his time this season in both the basketball family courts. As a Houston Rockets guard and Adidas spokesman McGrady earns a $20 million dollar annual salary...

San Jose Family Attorney Move-Away Contests in Child Custody Cases

Posted on December 07, 2007
ursuant to the California Family Code, the parent with physical custody of a minor child has the presumptive right to change the child?s residence. That is to say, the parent with physical custody can move away with the child and the courts will not interfere with that decision unless the move is detrimental to the child...

San Jose Family Lawyer

Posted on December 05, 2007
Actor Timothy Busfield?s wife has filed for divorce after nineteen years of marriage, according to the Associated Press. The parties have a sixteen year old son, and Busfield?s wife is seeking joint legal and physical custody. News reports are citing irreconcilable differences as the grounds for the dissolution...

San Jose Divorce attorney discusses new online legal resource for woman

Posted on December 03, 2007
Woman who are separated, divorced, or facing divorce can now turn to a online resource which provides practical tips, advice, and a support network all for free. The Modern Woman?s Guide to Divorce, is a site created by Helene Taylor, a former family law attorney based in the Bay Area...

San Jose Family Law Attorney Discusses Visitation Rights for Parents and Nonparents

Posted on December 02, 2007
Generally, in making a child custody order between parents, the court must grant the noncustodial parent reasonable visitation rights unless it is shown that visitation would be detrimental to the best interest of the child. This is because it is considered of utmost important for the minor child to have frequent and continuing contact with both parents...

San Jose Divorce Lawyer Comments on Britney Spears Holiday Visitation Fight

Posted on November 30, 2007
On November 26, 2007, Britney Spears was granted visitation with her two sons with Kevin Federline on Christmas morning. Currently Federline has full custody of both Sean and Jayden and Spears has only two weekly supervised visits, one of which is overnight...

San Jose Divorce Lawyer Talks About ?Possible Reconciliation?

Posted on November 29, 2007
In the eyes of the law, it takes two to agree to a marriage but only one to force a divorce. Or does it? Under the California Family Code, the spouse asking for the divorce need only cite ?irreconcilable differences? as the reason for divorce for it to be granted by the court...

San Jose divorce attorney comments on division the Moore-Marsden formula

Posted on November 28, 2007
The general rule when it comes to dividing marital property at dissolution, also referred to as community property, is equal division. For example, if a married couple purchases a home together, each party is entitled to a one-half interest in the equity of that home they purchased together...

Fremont Divorce Attorney Talks About An Alternative to Spousal Support

Posted on November 26, 2007
When two people get divorced, the best advice they could ever receive is ?move on.? The marriage is over and the parties need to move on and rebuild their lives. However, the California Family Code does not always give people the option to move on. The law allows for a spouse to ask for spousal support (also called alimony) from the other spouse who makes significantly more...

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