California Family Law Blog

Fremont Family Law Attorney explains the benefits of divorce mediation.

Many couples going through a divorce have discovered that divorce mediation is the more preferable option to fighting in the court with your spouse using attorneys. Instead of a contentious process, the spouses work with a divorce mediator to negotiate issues surrounding child support and custody, division of property and spousal support. While the decisions of the mediator are not legally binding, many clients find an amicable resolution through this process.

Divorce mediation has several benefits over a litigated settlement. Couples going through mediation typically have a more amicable relationship, which benefits the children. They also have an ownership stake in the decision since they helped create it rather than having a judge impose a decision. Mediation costs much less than litigation, often on-third of the cost of a litigated divorce. It also allows the couple to learn how to work together on contentious issues, which will benefit them down the road.

Sagaria Law attorneys encourage our clients to use divorce mediation for these reasons. While it doesn’t work in every case, we have the best interests of our clients at heart, and want to do what is best for them and their children.

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 explains the California adoption process.

If you are considering adopting a child in the State of California, there is a well-defined process that your adoption attorney can guide you through. Generally speaking the adult wishing to adopt must be at least 10 years older than the child he or she wishes to adopt. The child must be unmarried and under 18 years of age in order to be eligible to be adopted; unless, of course, the person is an adult who has consented to be legally adopted by another adult. And only an underage child's biological parent or parents, a licensed adoption agency, and the California Department of Social Services are allowed to legally authorize an adoption.

A California court must approve all adoptions in this state. That means that the parents must file for adoption with the family law court in their county of residence. That court will oversee the adoption process and render a decision on whether the adoption will be finalized.

The adoptive parents are required to file a petition for the adoption and then participate in a hearing. Before the hearing can take place, anyone who must give their consent in order for the adoption to take place—such as the biological parents, the adoption agency, a legal representative of the child, or the child (if he or she is 12 years of age or older)—has to be notified that the process is taking place. This can include a child's biological parents, the adoption agency, the child (if he or she is 12 years of age or older), or the child's legal representative. At the hearing, the court will decide whether to issue an order known as a final decree of adoption that legalizes the adoptive parent-child relationship.

Your family law attorney can guide you through the wonderful and joyous process of adopting a child. Because of the legal issues and potential complications, this is not something that should be attempted without an attorney. The financial risks to you and the emotional risks to the child are too high.

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 Family Law attorney explains the juvenile dependency court process.

Juvenile dependency is the process by which a child is removed from his or her parent’s custody and care, and is declared a “dependent of the court”. These cases often involve children who have been abandoned, neglected or injured by their parents, foster parents or legal guardians. Juvenile dependency cases may also be brought when parents or caretakers are unable to meet the needs of a special needs child.

A juvenile dependency case typically begins with someone filing a report with a law enforcement or child protective services agency, which will investigate to determine if abuse or neglect is occurring. If the agency determines that abuse or neglect is happening, the child can be removed to the care of a foster home. It is at this time that the agency can petition the court for “dependent of the court” status for the child.

If you have a child that has been removed unfairly from your home, you need a family law attorney to protect your rights. Your attorney can protect your right to a trial and work on your behalf to ensure that your rights, and your child’s rights, are protected during the process, which may take months to reach completion. The court may require an action plan on your part complete with visitation by a child protective agency, to ensure that you are complying with the court and acting on behalf of your child.

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 the Effect of the Economic Crisis on Couples Seeking Divorce

Conventional wisdom is that divorce rises during times of economic distress as financial issues add to the weight of already strained relationships. But this recession is proving to be a little different than previous recessions, and is causing many people to rethink the timing of a divorce.

In this economy, the person with the larger income will want to delay the divorce into next year so that he or she can show that their income is lower, thus potentially reducing spousal support and child support obligations. The spouse with the lower income has the opposite desire, to file while the income is higher, in order to gain better support in the settlement.

Housing is another issue altogether. With the precipitous drop in home values, many couples owe more than their home is worth, and do not want to force a sale during a down market. Some have even gone as far as to divorce but both remain in the home until they can sell it in a better market.

If you are considering divorce, we encourage you to consult with a family law attorney to discuss which options are best for you. Your lawyer can help you sort through the emotional, legal and financial issues that are contained within a difficult decision.

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 how so many people want to get divorced and they want to do it immediately

Many people want to get divorced and they want to do it immediately. It's difficult to stay married to a person when you despise them and cannot stand the sight of them. In movies and television, the main characters seek and divorce and in the next scene they're on a tropical island with their new significant others commenting n how they are "newly divorced. However, in real life, a divorce takes a lot longer than one scene to the next. California law requires at least six months to pass from the date the divorce petition is served for the divorce to become final. The rationale historically has been that this provides a period of time during which the parties might "cool off" and possibly reconcile their differences. You can make a formal request to the court to bifurcate your case, such that after six months you are deemed divorced, that is, no longer married, but the other issues in your case (if not resolved) will continue to be dealt with by the court. For example, property division; if both of you have not decided on how to divide your property before the six month mark, then you're technically still married. Spousal if not also child support and, if applicable, parenting issues. If these issues take longer than one year, well guess what? You're still married until those issues are resolved. That is until you seek a bifurcation of status. Divorce in California can and will go forward even if just one party to the marriage wants it. We have a no-fault divorce system where "irreconcilable differences" is the key phrase, even if one side disagrees. So whether you like it or not, in six months, a divorce will be finalized. But it won't happen before that time period.

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 Divorce Lawyer Discusses How Even Celebrities Gets the Blues

Even celebrities with very unusual behavior gets the blues. Jackass star wife of Johnny Knoxville filed for divorce two years ago. They were officially divorced in March, 2008 in a bifurcated proceeding, reserving all financial matters for resolution at a later date. Just last week, Knoxville (real name: Philip John Clapp) settled with his ex-wife Melanie Clapp, agreeing to pay $6,000 monthly in child support for their 13-year-old daughter, Madison.The former couple split in July 2006 after 11 years of marriage. According to reports, the financial statement appears to be a fairly even split of marital property. Melanie was awarded half of their bank accounts and half of Knoxville’s residuals from the Jackass franchise and Dukes of Hazzard film, pursuant to the terms of their agreement. Knoxville retained his share of several production companies. The parties will share joint custody of Madison, their daughter.

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