Published on:

A San Jose family law attorney defines mediation with regard to spouses.

Mediation is defined as a negotiation between two people which is conducted by an impartial party. Often, couples that are seeking separation and/or divorce seek this out as an avenue to reach a mutual decision anywhere from whether they will actually divorce or separate, to child custody issues, alimoney issues and any other solvable matters that they do not wish to address in costly court battles.

Continue reading

Published on:

San Jose Family Law Attorney comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time.

To cut down on the amount of unpaid child support, many states have enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts. But given the state of the economy and the inability of many to find work, some have lost hope that they will ever be able to get caught up on their child support payments. The threat of jail time is almost like adding insult to injury for those who are facing that prospect.

Continue reading

Published on:

A San Jose Family Law Attorney blogs on the definition of a putitive marriage

A putative marriage is a egally invalid marriage, although entered into with good faith by one or both parites. Reasons that a putitive marriage is not legally binding would be because of a technical barrier (called an impediment), for example if one party in the putitive marriage has a preexistent marriage.

Continue reading

Published on:

A San Jose Family Law Attorney defines common law mariage
A common law marriage os one that is created via cohabitation for a certain period of time (as oppsed to a marriage created by a ceremony). The period of time for a common law marriage is significant, and cohabitation alone does not define a common law marriage. The common law marriage couple also represents themselves as joined and living together as if they were married.

Continue reading

Published on:

Fremont Family Law Attorney advises California residents to keep an eye on the Elkins Family Law Task Force.

In 2008 the Elkins Family Law Task Force was commissioned to improve efficiency and fairness in family law proceedings , conduct a comprehensive review of family law proceedings and recommend changes to increase access to justice, ensure due process, and provide for more effective and consistent rules, policies, and procedures in family law courts across California.

Continue reading