California Family Law Blog

Sacramento Divorce Attorney Discusses Domestic Partnerships

Domestic partners are unmarried couples, of the same or opposite sex, who live together and seek economic and noneconomic benefits granted to their married counterparts. In a few states, domestic partnership status is offered and regulated by the state and grants many of the rights and responsibilities of marriage. These include health, dental and vision insurance, sick and bereavement leave, accident and bereavement leave, accident and life insurance, death benefits, parental leave, housing rights and tuition reduction, and even use of recreational facilities.

When a state, municipality, county, organization, private company, or university considers providing domestic partnership benefits, it must address several important issues: Who qualifies as a domestic partner? Should heterosexual couples be covered as well as gay and lesbian couples? How will an employer identify the employee’s domestic partner?

Today domestic partnership benefits are offered in numerous situations. However, these benefits are limited. In most cases, all that is offered is bereavement or sick leave. Ion other situations, the benefits offered are comprehensive, but also costly. Often either the employee foots the bill for his or her partner or the company pays but the employee must pay taxes on the benefits. This is because the IRS considers benefits awarded to an unmarried partner as taxable compensation. One interesting note is that even though most domestic partnership applications ask you to state that you are financially responsible for each other’s needs, these application are generally not considered binding or contracts of support.

If you have a question regarding a family law issue or domestic partnership please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.

San Jose Divorce Attorney Discusses Child Support Enforcement

California is the most populous state in the United State, which poses numerous challenges for California Child Support enforcement authorities. California Child Support is determined using guidelines established by state law. California Child Support guidelines are based on each parent’s monthly income and the amount of time the child is cared for by each parent. The court will consider income from all sources, whether or not it is reported or taxed under federal law. The income can be in the form of money, property, or even services.

The California courts may away joint or sole custody based on the best interests of the child. There is no preference or presumption for or against joint legal custody, joint physical custody or sole custody. Complete discretion is given to the court. In all cases, the court may appoint a child custody evaluator to determine the best interest of the child.

In most states, court orders providing for support and custody of children are subject to change or modification due to changes in income and circumstances.

If you have a question regarding asset child support please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.

San Jose Family Lawyer Discusses Adoption

November 15, 2008 is National Adoption Day!

National Adoption Day is a collective national effort to promote awareness of the 129,000 children in foster care waiting to find permanent, loving families, as well as those families that have been happily created through the adoption process. National Adoption Day helps make the dreams of thousands of children come true by working with courts, judges, attorneys, adoption professionals, child welfare agencies and advocates to finalize adoptions and find permanent, loving homes for children in foster care. National Adoption Day is normally celebrated the Saturday before Thanksgiving, but was moved in 2008 for one year only.

Adoption is an important and often overlooked component of the family law system. Many children are either in homes with step-parents who wish to adopt them and don’t know how, or in foster homes with loving foster parents who wish to make their bond permanent. Adoption provides a means for abandoned, neglected and abused children to become a part of loving, caring families. Whether those bonds are formed through foster care, international adoption, private or open adoption, an attorney is an essential part of the process, which can be complicated and confusing, but ultimately, successful.

There are many steps to obtaining an adoption, including a social services review and home visit, termination of natural (birth) parent(s)’s rights, medical history and filing those all important court documents. An attorney can help you every step of the way.

What are the grounds for terminating a parent’s parental rights? You may be considering adopting a child, whether it’s a step parent adoption or an adoption through foster care and the juvenile system. California law provides specific circumstances under which a natural parent’s rights may be terminated. A proceeding may be brought to have a child under the age of 18 declared free from the custody and control of either or both parents where: (1) the child has been left without provision for the child’s identification, support, or communication from the abandoning parent; and (2) with the intent to abandon the child. Token efforts to support or communicate with a child or children is not enough to prevent a court from finding abandonment. Furthermore, the California courts have found that the code should be construed liberally to best protect the health safety and welfare of a child. Adoption provides safety and security to a child who is desperately in need of those very things.

Other grounds for termination of parental rights include conviction of a felony where the circumstances or nature of that felony prove the unfitness of a parent There is no requirement that the children be present when the felony occurs or that they be in current danger, but rather the purpose is to prevent future harm. The court considers the circumstances of the felony to determine whether it is likely that future harm may result to the child if the parental rights are not terminated.

If you are interested in learning more about adoption, whether it’s a child from the juvenile dependency system, a minor child who is a relative, a step-child, or any other child who has been abandoned by a parent, the attorneys in our office can help you. Our attorneys have experience handling multiple types of adoptions, and believe in making the process as painless as possible. Adoption is intended to be a happy event, and we strive to keep it that way. In addition, we specialize in divorce, child support, alimony, child custody and visitation, etc. Sagaria Law offers a free consultation, either in person or over the phone, at any of our six Northern California locations: Sacramento, Fremont, San Jose, Monterey, Salinas, and Redwood City. Call today to schedule your free consultation 1-800-941-6730 or visit www.sagarialaw.com!

Fremont Divorce Attorney Discusses Division of Assets

Besides matters relating to children, the division of assets is often the most hotly contested issue that arises during divorce proceedings. Over the course of a marriage, a couple’s finances become intimately intertwined and separating finances can prove time consuming and frustrating. Divorcing spouses must split all of their finances, property and assets and this can be a long and arduous process that must be mediated by an outside entity such as the courts and a judge.

Each state has its own laws about how people are to divide their property. In California, we are a community property state and determining who owns what can be a very complicated process. The first step in dividing property is determining what community property is and what constitutes separate property. Separate property usually includes gifts, inheritance, and personal injury settlements, pensions acquired before marriage and a separate property or business. Sometimes separate property can become mixed with community property, which complicates an already complex situation.

The most common types of community property that become issues during divorce include family homes, pensions acquired during the course of the marriage, family businesses, and any jointly owned property that cannot be clearly identified as separate. These properties often take quite a bit of time to process and if they are not distributed equally, the court can sometimes mandate that they be sold in order to compensate for the inequity of asset distribution.

If you have a question regarding asset division please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.

Sacramento Divorce Attorney Discusses Common Misconceptions in Family Law

True or False:

Husbands can’t get alimony
False. California law provides for spousal support, as it is known, in any dissolution, regardless of the gender of the party seeking support. Women are frequently the recipients of spousal support because their husbands were the primary breadwinner in the family, but if the roles are reversed, men can collect support as well.
Spousal support comes in two forms, temporary and permanent. Temporary spousal support may be ordered in any dissolution, based on the needs and ability to pay of the parties. Temporary spousal support is usually calculated using a computer program, such as Dissomaster or XSpouse.
Permanent spousal support requires consideration of eleven distinct factors, including the age of the parties, health issues, the duration of marriage, the marital standard of living, the earning capacity of the parties, and many others. Permanent support is usually for half the length of the marriage, although in long term marriages, a termination date is not typical or appropriate.

Mothers are always preferred in child custody disputes.
False. California law actually forbids preferring a parent because of that parent’s gender.
California family law requires the court to consider the best interests of the child in making a determination about how to award custody and visitation rights. The court must consider the health, safety and welfare of the child, and, whenever it does not conflict with the health and safety considerations, frequent and continuing contact with both parents. California has no preference for joint or sole custody, where custody is contested. However, where the parents have agreed to joint custody, there is a presumption that joint custody is in the child’s best interests.

All property is divided equally (50/50) in a divorce.
Mostly false. All community property is to be divided equally. However, that can mean dividing assets down the middle, an equalization payment if one party keeps a significant asset, or offsetting various assets and debts until an equal division is achieved.
Separate property, such as property acquired before marriage, or gifted to one party during marriage, or property inherited during marriage, is not divided between the parties.

Child support and child visitation go hand in hand.
True and false. The amount of visitation affects the support calculation. However, non-payment of child support does not mean the supporting parent forfeits visitation rights. It also should not come into consideration by a court when reviewing visitation.

Do you have questions about the information listed here or elsewhere on this blog? Are you considering filing for divorce, or perhaps you have a child support matter pending in court? The attorneys here at Sagaria Law handle all types of family law cases. We offer a free consultation, either via phone, or in person at one of our six Northern California locations: Redwood City, San Jose, Monterey, Salinas, Fremont and Sacramento. Call today 1-800-941-6730 or visit us online at www.sagarialaw.com to schedule your free consultation.

San Jose Family Attorney Discusses Post-Nuptial and Pre-Marital Agreements:

A Post-Nuptial Agreement, sometimes referred to as an After Marriage Agreement, is a written document signed by parties to a marriage that sets out how they agree to have property divided, spousal support determined and attorneys fees paid in the future if the marriage ends in divorce. These agreements are usually entered into by parties not already in the divorce process, while a Marital Settlement Agreement is usually entered into by parties going through a divorce.

A Pre-Marital Agreement is entered into before marriage. Before marriage, the parties are entering into an agreement much like two business persons entering into a contract. In a Pre-Marital Agreement, both parties do not necessarily need to have an attorney. However, if both parties have an attorney, it makes it much more difficult for either party to later seek to challenge the agreement based upon a claim that they did not understand the document, or that they were forced into signing the agreement.

If you have a question regarding Post-Nuptial or Pre-Nuptial agreements please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.