California Family Law Blog

San Jose Divorce Lawyer discusses Chris Brown and Rihanna: When to File for a Restraining Order

By now we all know that Rihanna and her boyfriend Chris Brown were in a physical altercation last week. Perhaps the question on everyone’s mind (besides why did he do it), is should Rihanna be seeking a restraining order against him? Or did she get one from the police?

In California, there are two main types of restraining orders available to victims of domestic violence: domestic violence restraining orders, and criminal protective orders. Criminal protective orders are issued in cases where criminal charges are pressed. A domestic violence restraining order is issued by the family law courts, and requires no pending criminal charges. These domestic violence restraining orders are issued on an ex parte basis, and set for a hearing in a short period of time. At the hearing, courts can issue longer restraining orders, anywhere from 1 to 5 years.

Domestic violence protective orders are appropriate in cases where the parties are divorcing, were never married, have children together, or are related by blood or marriage to each other. The party applying for such an order must show a danger of some imminent harm. To get a long term order, Under California Family Code section 6300, restraining orders may be issued “to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, if an affidavit . . . shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.” Abuse can mean stalking, physical abuse, harassment, making telephone calls, or otherwise threatening a person’s safety.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Divorce Lawyer discusses divorce and dividing assets

Not all divorce cases are contentious cases where the parties are fighting over every penny of their estate. Many times, there are ways where the parties are able to resolve their issues on their own and have very amicable divorces. The California judicial system promotes both parties settling matters without the stepping in to do so for them. Therefore, the judge in a divorce case will most likely refer the parties to mediation before the court will make any decisions on the pending issues to give the parties a chance to work out the details on their own.

At the mediation session, the mediator generally gives an opening introduction of the mediator's expertise, how the process works, what the mediator understands about the issues in dispute and asks for the commitment of both parties that they are at the mediation in good faith to try to resolve the issues in the case, and asks each side generally for a non-confrontational opening statement. The mediator generally separates the parties into two rooms and shuttles between the parties to help them narrow their issues and come to an agreement. The agreement that is made is reduced to writing and signed by the parties. The parties do not have to see each other during the mediation, which lessens the tensions between the parties and better promotes settlement.

It’s always better to have you be in control of your own assets and your own decisions then letting the court make those decisions for you. Thus, if you are ever referred to mediation, take advantage of the time to settle the matter amicably and in a way that is comfortable for you.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Redwood City Divorce Attorney Discusses Common Forms and Hearings You May Encounter in your Family Law Case

Anybody who is involved in a family law case has probably thought to themselves “what a lot of paperwork!” Family law cases, whether they are divorce, paternity, support or other actions, involve lots of forms, requiring personal information, and frequently, multiple court appearances. In this edition of the blog, you will learn about the common forms you may fill out and hearings you may attend.

Income and Expense Declaration

This form is probably the one most frequently filled out in any case involving money. Parties have to fill it out every time support or attorney fees are at issue. This four page form involves two pages of income information, including source of employment, salary or wages earned, other sources of income, including spousal support, interest income, and any self employment income. The next section involves total assets and net worth of a party. Page 3 is all about expenses: rent or mortgage, groceries, gasoline, insurance, education and entertainment, among other things. Page 4 is exclusively for cases where child support is involved. The last two months worth of paystubs must be attached to an Income and Expense Declaration.

Case Management Conference Statement and Hearing

Nearly all Santa Clara county cases will encounter a Case Management Conference at some point. Parties must complete, file and serve the Case Management Conference statement ten days before the hearing. A Case Management Conference is an opportunity for the court to check in with the parties to see how the case is progressing, and if there is a role for the court to play in resolving administrative problems, such as scheduling, exchange of documents, or trial setting.

Schedule of Assets and Debts

This form is typically only used in dissolutions and legal separations, where division of assets is an issue. Parentage actions do not involve property, so assets and debts are not relevant except as they relate to income. The Schedule of Assets and Debts is a 4 page form, but this form is not filed with the court. This form requires extensive supporting documents including bank statements showing the balance of accounts, car titles, credit card and 401k statements, and any other documents that show values and balances of assets or debts.

As a party to a family law action, you probably have encountered these forms, these hearings, and others. You may have questions about the forms, or about other aspects of your case. Our team of experienced, talented attorneys here at Sagaria Law can help answer these questions. You are welcome to arrange a free consultation with any of our attorneys, at any of our offices: Sacramento, Fremont, San Jose, Redwood City, Monterey and Salinas. These consultations can be either via phone or in person, and last thirty minutes. Call today to schedule your free consultation at 1-800-941-6730 or visit www.sagarialaw.com.

San Jose Divorce Lawyer Discusses Santa Clara County Issues New Local Rule on Tentative Rulings

It’s a new year, and that means new rules in many county courts. Santa Clara County has implemented a new local rule regarding tentative rulings in family law matters.

What are tentative rulings? Tentative rulings are a fancy legal term for when the judge reviews the file ahead of time, and based on the pleadings that each party has submitted, issues a memo about how the judge would rule on the issues as presented in the pleadings. This is not set in stone, but its designed to give litigants an idea of what the judge is thinking so they can decide if the judge misunderstood something, or if additional information would change the judge’s mind, or if they like the ruling. Importantly, tentative rulings are only applicable to cases where both parties are represented by attorneys. Additionally, many judges limit the topics appropriate for tentative rulings to matters of support and financial issues, rather than custody and visitation. However, potentially any matter can be subject to a tentative ruling, so it is key to remember to check these rulings pursuant to the local rule.

What is the new rule? Previously, in Santa Clara County, judges handed out these tentative rulings the day of the hearing and let litigants decide then if they liked them or wished for the court to hear further argument or facts on an issue. Now, judges will issue the tentative rulings the day before, and at 3 p.m. these rulings will be available via a phone call to the court and sometimes on the court’s website. Attorneys then have one hour to notify the court and opposing counsel of an intention to contest a tentative ruling and request argument on it the next day.

What does this mean for me? It means you may not have to go to court. Suppose at 3:05 the day before your hearing, your attorney (our office) calls the court and finds out the judge thinks we are right. We will not request argument, and if opposing counsel agrees with the proposed ruling, they won’t request argument, and the tentative ruling becomes the order of the court, no court appearances necessary.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Fremont Divorce Lawyer Discusses The Rainbow of Visitation Schedules

This morning, I had a case where the parents were on a complicated visitation schedule that involved an exchange nearly every day. Neither parent particularly loved this schedule, but neither parent wanted to lose time. The challenge to parents who are divorcing, or who never were married but have kids together is how to craft a visitation schedule that is both workable, beneficial, and enjoyable.

As an attorney, I recommend that parties work together whenever possible to create a visitation schedule everyone can live with. In California, parties are required to attend mediation over any custody or visitation dispute. The goal is to get the parties to put their personal interests aside, and consider what is in their children’s best interests. I also recommend the parties reduce everything to writing because that minimizes conflict.

A popular timeshare or visitation arrangement for many families is the alternate weekend and one overnight a week plan. This is popular for a reason: stability, consistency, and plenty of time. It’s not quite a 50-50 plan, but it provides large blocks of time less often over small blocks more frequently. For working parents, its also the most reasonable – spend the time when you are not at work with your children. This schedule also seems to work for a variety of ages of children.

For parents seeking a more even split of time, people often request a 50/50 plan. 50/50 can mean many things, depending on your situation. For some families, a 2-2-3 schedule works: 2 days to Mom, 2 days to Dad, then the weekend alternates (Fri-Sun) between parents, so Week 1 – Monday and Tuesday are Mom’s Day, Wednesday and Thursday are Dad’s days, and the weekend is Mom’s. Week 2 Monday-Thursday is the same as Week 1, but the weekend belongs to Dad. Both parents get extended weekends with the kids, with Mom getting Friday to Tuesday one week, and Dad getting Wednesday-Sunday the next. Still other families prefer an week on – week off schedule, where Week 1 is Dad’s and Week 2 is Mom’s.

The most important thing to consider in a visitation schedule is what is the best interests of the children. In fact, that is the standard the court uses. So consider the children’s ages, maturity, school schedules, health issues and the location of the parties. What works for one family may not work for another.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses Child Support

Is the father of those octuplets liable for child support?

With all the hubbub surrounding the recent birth of a set of octuplets in California, information has begun to filter out about the family situation of these children. First, their mother has six other children, and is apparently divorced. It is unknown who the father of these eight children are at this time, but it seems likely the children were conceived through some sort of assisted reproduction.

The real question is, who is the father, and is he liable for child support for these children?

Both parents are liable for the support of their children under California law. However, where a parent’s parental rights are terminated, that parent is no longer liable for support, and similarly has no rights to the child.

If the father of these octuplets was anything but an anonymous sperm donor, it seems likely he could be asked to pay child support, particularly if the mother requires public assistance to survive. Agreements to waive child support are not enforceable.

However, if the father is an anonymous donor, it is probably the case that the mother signed a waiver of support and the donor a waiver of parental rights, meaning he has no rights and no obligations to the child as a result of the donation.

How big is a child support payment for eight kids, you ask? Child support depends on two factors (primarily): income and timeshare. So, eight kids from a moderate income family may receive less support (per kid and overall) than 2 kids from a high income family. So, there’s no way to know how much support the father would potentially pay without knowing more about his financial situation, but one thing is for sure, he’ll pay more for 8 kids than he would for 2 in the same circumstances.

Here at Sagaria Law, we offer a full range of family law legal services, from child support to custody and visitation matters. We handle all types of family law actions, including parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Divorce Lawyer Disccusses the Effects of Divorce on Children

During a divorce, it is always hard for the kids to deal with their parents separation. Many kids feel abandonment or even that it is their fault that their parents are getting divorced. One of the most harming situations for a child going through this situation is the parents fighting over custody and visitation. Many times this will cause the kids anxiety and force them to decide which parent to turn to. Holidays are one of the worst times to go through a custody battle. Making a child choose between a parent during the holidays will cause the child to not only resent the parents but also ruins their holidays altogether. Susanna Schrobsdorff from Newsweek offers some helpful tips for parents when it comes to splitting holiday time with the kids.

1. Communicate and coordinate with your child's other parent.
A brief e-mail, telephone message or conversation can insure that you don't duplicate presents or plan back-to-back feasts for stuffed and confused children. Ten minutes now can save days (or weeks) of fuming later.

2. Work out the details.
Work out exactly where your children will be during what times: when, where and how exchanges will take place. Your children will feel more secure, and all of you will avoid frustration and disappointment.

3. Celebrate with your children's other parent.
Consider celebrating part of the holidays together with your children's other parent, especially if your separation is fairly recent.

4. Set up a plan for next year now.
If you went through the agony of 11th-hour negotiations this year, set up a plan for next year now. Everyone will be happier knowing what is coming, and avoiding conflict on the eve of the holidays.

5. Plan in advance with your extended family.
Work things out in advance with your own extended family, too, whether that means that you say no, spend the holidays a little differently than usual or ask for your family's understanding and help.

If you have questions about divorce, child custody, or child support, or any other family law matter, the attorneys at Sagaria Law can help. We have a team of divorce attorneys experienced in all types of family law cases, including divorce, paternity, support and property division. We offer a free thirty minute consultation, either over the phone or in person at any of our five Northern California locations: Redwood City, Fremont, San Jose, Sacramento, Salinas. Call 1-800-941-6730 today to schedule your free consultation.