Welcome to The California Family Law Blog, powered by Sagaria Law, A Professional Corporation. The California Family Law Blog is a forum of up to date legal information related to all facets of Family Law. It is our goal to provide meaningful, real time solutions and information to individuals in need of legal advice and fresh perspective. We understand that legal information and knowledge about your family law rights is critical when needing to make important decisions. Sagaria Law invites you to explore our California Family Law Blog and research various topics on divorce, child custody and support, alimony, visitation rights, etc. to better your knowledge about your legal rights. If you wish to speak with one of our experienced family law attorneys, please call us at 1-800-941-6730 or complete the “Contact Us” and we will contact you for your free consultation.

Sagaria Law is committed to providing you with the skill and expertise necessary to meet all of your family law needs. We provide expert counsel in divorce, child custody matters, visitation and support issues and pre-nuptial agreements, and also handle post-judgment matters such as modification of spousal support, child support and child custody orders. We are also experienced in working with victims of domestic violence and obtaining restraining orders when appropriate. With offices in San Jose, Fremont, Monterey, Salinas, Sacramento and Redwood City, our attorneys will expertly navigate you through your family law case. Our team of attorneys are energetic, responsible and will vigorously fight for your best interests under the law. We offer a free consultation to discuss your legal matter during which all the facets of your case will be thoroughly examined and solutions will be presented to you on how to proceed. We want to understand your matter and want you to be comfortable with the legal counsel you hire. If you choose to retain us, you will be provided with attorneys and a support staff who will be accessible to all of your needs. It is our goal to provide you with a service that you will be able to use and benefit from.

July 28, 2011

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

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.

The task force was created after a 2007 California Supreme Court decision recommended that the Judicial Council create a commission to even out the family law court system across the state. In California, more than 75 percent of family law trials have at least one party self-represented, and one of the goals is to ensure that, despite the high volume of family law cases in the courts, that all parties have equal access to justice in the family law court system. According to a California court fact sheet, “the task force has sought input from all stakeholders, including litigants, attorneys, judicial officers, and court staff and will continue to do so as it develops its recommendations.”

The task force is now seeking public comments on the more than 100 recommendations designed to increase access to justice, fairness and due process for family law litigants. The recommendations can be found here, and comments are being accepted from October 1, 2009 through December4, 2009.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys : (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com.

July 1, 2011

What is a Common Law Marriage?

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.

Common Law marriage is sometimes referred to as facto marriage. The inferrence here is that it is a marriage which exists under less formal circumstances than one entered into with a wedding and marriage license, however it encompasses the features and attributes of a legal marriage. While there is no contract between the common living in a common law marriage, some common law jurisdictions recognize it as a legal union. Still others do not.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

August 5, 2010

What is Putitive Marriage?

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.

A putitve spouse is different than a statutory spouse, a common-law spouse or a ceremonial marriage spouse, in that a putative spouse is not legally married. Rather, they believe themself to be married in "good faith." Therefore, the putitive spouse typically has legal rights because of their dependance on their good faith union with the other partner.

Under civil law, if the impediment is removed, the marriage becomes valid. However, with regard to divorce proceedings, if the impediment has not been removed, commonly the partner that as not made the infraction is often entitled to the protections of a divorce for division of property and child custody.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 29, 2010

Surcharges on Unpaid Child Support

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.

In 1996 Michigan, like many other states including California, added a provision to charge interest on delinquent child support accounts. But the law did not give judges discretion in applying the penalty to accounts. The law made no distinction between someone who was a deadbeat and refusing to pay their child support and someone who was unable to pay because of job loss or injury.

While child support payments, like other domestic support obligations are not dischargeable in bankruptcy, many parents delinquent in their payments have filed for bankruptcy protection to remove all of their other debts so they can avoid the specter of a felony charge and jail time for not paying child support. With unemployment in the double-digits, there are a growing number of people who have exhausted their unemployment benefits and cannot find work. They fall farther and farther behind in their payments and the interest added on to their account leads them to believe them they will be paying child support for the rest of their lives, once they find a job.

Michigan rules derail child support payments, The Detroit News, December 7, 2009

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 21, 2010

What is Mediation?

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.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 20, 2010

Child Custody Statistics

A San Jose family law attorney sites child custody statistics according to various resources.

Today's child custody statistic:

According to this website, when parents first separate, 67% of the time the children remain in the marital home with the mother.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 16, 2010

What is a Domestic Partnership?

A San Jose family law attorney explains domestic partnership

A domestic partnership is a legally recognized relationship between a cohabitating (living together) couple who are not legally married via marriage certificate or contract or via a civil ceremony. Those in a domestic partnership, dumpcarts, are sometimes not entitled to be recognized as a common law marriage couple, although one feature of the domestic partnership is that it is often entered into in order to execute contractual agreements between the couple with regard to property. This is so that obligations, contributions and are acknowledge by the parties in the domestic partnership in the same way as if they were legally married.

Another way in which domestic partnership is utilized is between same sex unions.

July 15, 2010

What is Alimony?

A San Jose family law attorney defines Alimony...

Alimony is also known as spousal support. Alimony, or the amount (in dollars, property, etc.) of spousal support that one spouse will provide to another during divorce or separation is determined by many factors that can include the length of the marriage, the support during the marriage, and is considered a contunuation of that support to be provided after the marriage (or in some cases common law marriage) has ended.

Alimony exists under divorce law, but there are many factors involved. To accurately assess your current marital circumstances and/or pending divorce, you should seek the advice of a family law attorney.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 14, 2010

The Famous Five: Celebrity Divorce and Destruction

A San Jose family law attorney comments on celebrity splits

Time again for another edition of The Famous Five: celebrity divorces, custoday battles and all around "really...???" moments of the rich and (in)famous....

Paul McArtney and Heather Mills settled their divorce amidst much media mayhem and controversey over Mills request for a $125 million settlement. The outcome was $50 million to support her, their daughter, Beatrice and a "little" something to buy a London residence. THe former model turned charity worker said during the ordeal she was treated worse than a pedophile in the media, according to www.cnn.com.

The late Gary Coleman's divorce from Sharon price was an episode of Divorce Court!

Russell Simmons and Kimora Lee Simmons, hip-hop and fashion celebrities ended their marital bliss while remaining under the same roof for "professional" reasons...their join clothing line, Baby Phat, is achieving record success. The couple's marriage lasted 8 years and they have two daughters together.

Ted Danson's divorce to first wife Casey Coates, a designer, ended in a $30 milliion settlement for her. They couple have 2 children together and it is rumoured that the divorced was precipiated by Danson's public affair with Whoopi Goldberg.

According to various online sources the price tag of $80 million was attached to Kevin Costner's settlemend to his wife of 15 years, Cindy.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 13, 2010

How is Child Custody Decided?

A San Jose family law attorney comments on ways in which child custody is decided:

What are some ways in which child custody and visitation decided?

Child custody can be agreed by the parents, on their own.

Child custody matters can be settled with third party involvement.

Child custody matters can be decided during mediation.

Child custody differemces can be resolved after a custody evaluation.

Child custody matters can go to trial where the outcome is determined by a judge.

Child custody outcomes can either be sole custody to the mother, sole custody to the father or joint custody. Extenuating circumstances can result in a custody outcome not listed here, which would fall under the child custody category of "Other."

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 12, 2010

Divorce Du Jour: Tiger Woods

A San Jose Family Law attorney observes the downward spiral of celebrity divorce in the media...

Aside from the 750 mil rumour surrounding the Tiger Woods/Elan divorce settlement, TMZ now reports that one of Tiger Wood's lovers, Rachel Uchitel (touted as his #1 mistress) will check into "Celebrity Rehab" with Dr. Drew for an estimated $500,000.

TMZ on the web reports that she will join Janice Dickinson, among others and that Rachel is looking to get off a pill popping habit.

The TMZ article also said she is also considering 'Celebrity Apprentice" with Donald Trump.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

July 9, 2010

What is an Annulment?

A San Jose family law attorney comments on the term annulment...

An annulment is a legal proceeding that renders a marriage as "null and void" and differs from divorce in that by its very definition, the annulment essentially means the marriage never existed.

Famous annulments include those of Britney Spears (extracting herself from the Vegas marriage to her high school "sweetheart"), Janet Jackson (claiming family pressure) and Rennee Zellweger's marriage to country crooner and notable groopie spooner, Kenny Chesney (she sited "fraud").

Reasons for annulment can include insantiy, consanguinity (the marital couple are related by blood), if murder was invloved to free up one or both of the parties, and adultery.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.