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Understanding the Difference Between Physical and Legal Custody

Like most parents, you're probably worried about how your child or children will fare following a divorce. It's natural to want as much control as possible over your child's future, especially if you're not comfortable making joint decisions with your ex-spouse. Child custody is a sensitive subject and shouldn't be approached lightly. Before you take any legal action, make sure you can differentiate between physical Read More

5 Key Benefits of Alternative Dispute Resolution for Divorce

If you're going through a divorce, you may dread the idea of going to court. Television and movies often make divorce look like a heated battle where only one party emerges victorious. Lot of times it is exactly like that. Thankfully, that doesn't have to be the case. Many respectable and sincere lawyers will suggest Alternative Dispute Resolution (ADR) as a better way to resolve your divorce issues. Two common forms Read More

Everything You Need to Know About California Palimony

You are probably familiar with many of the key issues that must be determined when a married couple elects to end their marriage, such as dividing property, establishing child custody and support, and potentially even paying spousal support (alimony). But those who live together for years without marrying also intertwine their lives and finances in many ways. What happens when they decide to break up and end their Read More

Child Support Order deliquency. What to do?

You have a child support order in your hand and you think the matter is settled. But now those payments are not being made, what can you do? More importantly when do you need to do it? In the State of California, you need to wait until the payment is 30 days late before taking any action. After this benchmark you or an attorney can file and serve something called a Notice of Delinquency. This notice is sent to the Read More

Nonmarital Couples & Partners Have Rights too !

Are you a nonmarital couple or partner- living with a partner but are not married? Do you pool resources, have you bought property, own a business together?  If you answered yes to these questions your rights upon termination of the relationship may be affected. The State of California no longer has common law marriage, one created by living together and holding yourself out as a married couple among other things, Read More

Summary Dissolution

California law allows the parties to end their marriage in a simpler way through a process called Summary Dissolution. However, the situation of the parties must be such that a simpler way to end the relationship is allowed. To qualify for a summary dissolution of your marriage, here are the requirements for Summary Dissolution in California: You and your spouse: Have been married for less than 5 years (from the Read More

Is the property Mine or Ours?

Most of the times, a party would own a certain property (typically, a house) and upon marriage, continue to own it and pay the liabilities (mortgage payment, taxes and insurance, etc.) subsequent to the marriage. The property is also refinanced several times and the spouse’s name is not added (because of bad credit, insufficient income, etc.). The question becomes whether, after all the long years of marriage, Read More

“Permanent” Spousal Support in California

Hiring experienced Family Law Attorney to help you go through a divorce safeguards your rights during the process. This is especially important when it comes to spousal support issues. Spousal support, also referred to as alimony or maintenance, is the money paid by one spouse to the other to help him/her maintain similar standards of living enjoyed during the life of the marriage. The duration of spousal support Read More

Issues in Divorce for Older Couples

With people living longer than ever, more people are finding themselves unable to remain in their marriage. They are not alone – divorces for older couples are on the rise. While these divorces typically do not involve some of the difficult aspects as people getting divorced at a younger age usually face, such as custody, there are still some very complicated factors. If you are considering a divorce and you are of Read More

What is San Jose No Fault Divorce?

In the state of California, there are several divorce options. Unlike most states, California allows for no-fault divorce, which means that the dissolution of the marriage does not need to have a cause. Some other states require that the couple declare the cause of divorce, such as adultery or abuse. When couples in San Jose file for divorce, they do not need to state the grounds for divorce. Every divorce in Read More