California Family Law Blog

San Jose Family Law Attorney Discusses Children and Divorce

Children have it hardest in a divorce. The kids think it's their fault or they are confused as to why their parents are angry and leaving each other. Therefore it is important to keep them isolated from the negativity that inevitably surrounds a divorce. Dr. Allan Schwartz gives us 5 mistakes that parents should avoid when dealing with their divorce below:

1. Do not use your child as a messenger between you and your ex spouse.

2. Do not use your children as your therapist.

3. Do not criticize your ex spouse to the children.

4. Avoid the "third degree" when the child returns from a visit with their father or mother.

5. Repair the damage you've already done.

Depending on the age of the children, violating these rules could have damaging results for the children. They can become angry at both parents for using them as pawns in their parents' divorce. Especially if the children are older and in their teens. Younger children may feel confused by their parents' interrogations. Many divorced parents reading these tips may recognize mistakes they've unintentionally made with their own kids. Is it ever too late to undo emotional fall-out from a nasty split? Dr Schwartz says no and advises parents to apologize to them because "saying you're sorry" goes a long way with your kids. Explain in detail exactly what you did wrong, and then commit to changing your behavior from that moment on." No two divorce situations are identical and many divorced people experience frustrated and angry feelings of hurt and betrayal. It is common for people to demonize their former spouse and attempt to propagandize the children into their way of thinking. However, this is a short sighted way of thinking that does not take into consideration the emotional well being of the child and future adult.

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

San Francisco Divorce Lawyer Discusses Divorce

There was a time when divorces were not common and many people will hold on to their marriage no matter what happened. However, through the years, when married couples started to encounter problems in their marriage, they would turn to divorce more and more to solve their problems. The divorce statistic is getting higher each year. What is the reason and why do marriages fail? Andrew Kristen in his article "Why do Marriages Fail?" gives us some insight into some of the top reasons as outlined below:

1. Lack of care and concern. When one party is spending too much time outside such as work, friends or hobbies, this can fade the love slowly in the relationship leading to no communication and understanding in each other.

2. Nagging. too much nagging can be bothersome causing adverse impact on the marriage.

3. Possessive and Jealousy. Being possessive is not showing out your love to the person. When a person is too possessive, he or she will get jealous and controlling over small issues as well. Reacting like this is as good as taking away the freedom and space in the marriage.

4. No Respect Respecting each other is one way to make a marriage strong and happy. Criticizing and not showing respects can kill a marriage slowly.

5. Arguments. Arguments are one top reason why marriages fail. It all begins when one party does not know how to fight fairly. Disagreements occur when both react negatively.

6. Overboard Habits. Each person has different habits. However, when it is hurting the family or relationship, quarrels become more frequent. Bad habits such as gambling, drugs, violence are very difficult for most people to accept.

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

San Jose Family Law Attorney Discusses California Surrogacy and Adoption Laws

Lately, Sagaria Law has received several calls about surrogacy and adoption. Surrogacy comes in two main forms: gestational or traditional. Gestational surrogacy is where the embryo and resulting child is genetically related to both parents. Traditional surrogacy involves the use of donor eggs and sperm, or artificial insemination.

Surrogacy law in California is governed by 2 Supreme Court cases: Johnson v. Calvert and Marriage of Buzzanca. Johnson is a case of a gestational surrogate (genetic material from both parents, surrogate to carry the child), and the Supreme Court ruled that when two women have valid claims to motherhood, the tiebreaker is the intent at the time of conception. Therefore, the natural mother of a child is the person who intended to bring about the birth of a child and raise it as her own. In Marriage of Buzzanca, the Court dealt with a case of two infertile parties who used donor sperm and donor eggs to implant in a paid surrogate. In that case, the court held that where a married couple, unable to procreate on their own, intends to bring about the birth of a child through the use of medical technology, those individuals will be held to be the legal parents, regardless of genetics. This holding should apply to surrogacy cases where the surrogate has been artificially inseminated with the intended father’s sperm, but since there is no clear ruling on this particular issue, it is possible the court would decide differently under that set of circumstances.

In California, the intended parents can only be listed on the birth certificate if there is a court judgment naming them as the parents. If no such judgment is to be had before birth, the parents will need to adopt the child(ren) to become the legal parents. It is advisable to seek a legal judgment in advance of the birth to ensure there is no delay in obtaining the status of legal parents.

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

Sacramento Family Law Attorney Discusses Child Support for 21 Children

Tennessee man has 21 children to support, and not from the same woman. The children ranger in age from 11 years to 11 months. How you ask, can a man possibly pay child support for 21 children? Apparently in, Tennessee, he can’t. Some of the mothers only receive about $2 in child support from him every month. $2! Clearly these mothers end up requiring state assistance in many cases with such a miniscule amount of child support being paid.

Most states calculate child support on the basis of income and timeshare. It no longer depends exclusively on income or requires one parent to pay a certain percentage regardless of timeshare. And, most states, Tennessee included, adjust child support based on the number of children to support. And all states require child support where the custodial parent is receiving public assistance.

This man does not live in California, but it seems as though there is a lot of similarity between the states. California law requires both parents to support their children. Child support is calculated using a formula that considers the incomes of both parties, as well as the timeshare. Typically, this formula results in a number which becomes the child support amount. Sometimes, courts will adjust the number either up or down to reflect additional expenses, or for some other reason.

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

San Jose Divorce Lawyer Discusses Divorce and Social Security Beneifits

Many people who are getting divorced are concerned with collecting Social Security benefits from their former spouse, and want to know if language to that effect needs to be included in any final judgment. In fact, Social Security benefits are controlled by federal law, so no specific language is needed.

The basic rule is that any time a marriage lasts 10 years or more, the divorced spouse with the lower earnings record can collect retirement benefits based upon the record of the higher-earning spouse. In addition to the required 10 years of marriage, there are four key qualifications to collect divorced spouse benefits:

• The person seeking to collect must not have remarried.
• This person must be 62 or older.
• The benefit this person would collect based on his or her own earnings record must be smaller than what they would collect on their former spouse's earnings history.
• The ex-spouse must be entitled to Social Security retirement or disability benefits on their own.

The benefits collected by a divorced spouse does not reduce the benefits received by the other spouse. Nor does it reduce benefits paid to a subsequent spouse of the former spouse. If you remarry, you generally cannot collect on your former spouse's record unless the later marriage ends by death, divorce or annulment.

If the ex-spouse has not yet applied for retirement benefits but does qualify, you must have been divorced from him or her for at least two years before you can begin collecting against his earnings record
Another common concern is what if the former spouse dies before you can collect Social Security benefits from him. You will qualify for survivor benefits as a divorced spouse, just as if you had been married to him at the time. And you always retain the right to the benefits you earned based on your own work history. You don't give those up even if you collect against your ex-spouse’s record. This could be an issue if you ever remarry yourself. You also can begin by collecting Social Security through a divorced spouse benefit first and delay receiving your own retirement benefits until a later date.

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

Fremont Divorce Attorney Discusses Getting Divorced While Living Abroad

Divorce is stressful under even the best of circumstances, and it can be particularly difficult for those living abroad. Whether you reside in a foreign country due to military service, other business or simply to be in a place you prefer to live, it won't be easy to manage a divorce across international borders. One problem international couples face when seeking a divorce involves jurisdiction. It can be difficult for those living abroad to meet residency requirements courts demand for divorce proceedings. You may not be able to dissolve your marriage in court within the country where you reside. You also might not qualify to divorce in your spouse's country of residence.

Another issue faced by those living abroad involves the time and expense involved in travel. How many times will you need to appear in a court thousands of miles away? How will you manage the costs associated with airfare, time off from work and accommodations? Issues regarding time off can be particularly challenging for those in the military.The length of time it can take to dissolve a marriage is another source of stress international couples must face. It could take a year or more to legally divorce in many countries, including the United States. If you're eager to start your own business or remarry, this delay can be devastating. In all cases, it's inconvenient and stressful to have the process dragged out for months on end.

The ultimate reason international divorces are so difficult is because they rely on government legal systems to dictate how and when couples can legally end their marriages. Even if both spouses are in agreement about the divorce and even agree on child custody and economic issues, their ability to divorce is in the hands of courts and their governments' legal systems. The only ones truly working on their behalf are family law attorneys, and divorce lawyers are ultimately in the business of making money, not making things easier.

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