California Family Law Blog

San Jose Family Law Attorney explains how divorce and bankruptcy are often intertwined for couples.

Financial stress is a leading cause of divorce, and during this very difficult economic period, many individuals and couples are contemplating filing for Chapter 7 or Chapter 13 bankruptcy protection.  Depending on your situation, one of both members filing for bankruptcy before you file for divorce may alleviate some of the financial stress on the family.

A married person filing individually for bankruptcy may make sense in certain situations.  If a majority of the debts are in one person’s name, there may be enough debt relief in the individual bankruptcy filing to remove the financial stress from the relationship.  Examples might include a self-employed individual or business owner who has personally guaranteed debts for the business.  Even if the business files for a Chapter 7 liquidation or a Chapter 11 reorganization, the business owner may be personally liable for the business debts, depending on the loan agreement that was signed.    If the couple is living together, the court will want to know the spouses income and assets, but relieving one person’s debts may be enough to give the couple breathing room.

If the couple is firmly on the road to divorce, then filing jointly before filing for divorce will save them the expense of two filing fees and can make the property settlement process much smoother.  Removal of debts before filing for divorce can remove some of the contentiousness after the divorce, especially if one spouse later files for divorce and the creditor later attempts to collect the debt from the other spouse.  A good bankruptcy attorney can work closely with a family law attorney and the couple to ensure a good outcome for each party.

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 California locations including San Jose, San Francisco, Redwood City, Fremont, San Diego, 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 how a Chapter 13 bankruptcy can help you catch up on child support that is in arrears.

In many divorce cases, the non-custodial parent often falls behind in child support payments.  The reasons for this are many, but the effect on the child and custodial parent is very real.  Some parents in this scenario mistakenly believe that filing for bankruptcy can erase the child support payments that are in arrears.  While that is not the case, there is a significant benefit to a bankruptcy filing if you are behind in child support payments

Child support and spousal support are not dischargeable in bankruptcy.  If you are behind in your child support you are at risk of wage garnishment, having the IRS withhold your income tax refunds and possibly even serving time in jail.  But a Chapter 13 bankruptcy filing can stop all of those things.

A Chapter 13 filing is a reorganization of your finances, and typically sets up a 5-year payment plan to satisfy your creditors.  Child support is at the front of the creditor’s line, and as long as you can pay back the amount in arrears within the 5-year window of the Chapter 13 reorganization and stay current with your other child support payments, you can avoid the wrath of the family court on your bank accounts and remove the possibility of serving jail time for non-payment.

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 California locations including San Jose, San Francisco, Redwood City, Fremont, San Diego, 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 Family Law Attorney comments on changes to adoption laws regarding Native American children.

Governor Arnold Schwarzenegger recently signed into law a bill that changes the way California family law courts handle the adoption process of Native American children.  The law allows the courts to honor tribal adoption traditions, even when they do not necessarily conform to California civil law.

The changes to the adoption process should reduce the number of children in the foster care system and shift some of the social services costs to the tribes, who will be taking on a larger role in the adoption process.

Under California law, parents must relinquish their parental rights before a child can be placed for adoption.  Under the new law, Native American tribes often have adoption procedures that do not require the relinquishment of parental rights, and the practices vary from tribe to tribe.  The new law gives the family law court flexibility to accommodate the local tribal customs when handling adoptions of Native American children.

In the past, Native American children had been sent to boarding schools after their parents relinquished their rights.  The boarding schools were not operated by the various tribes, and consequently many Native American children were separated from their culture, religion and dress as they waited to be adopted.  This law will shorten the adoption process since the sometimes lengthy and acrimonious process of relinquishing parental rights will not have to be used in many cases.

Courts to honor tribal traditions in adoptions, The Valley Chronicle, October 16, 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 California locations including San Jose, San Francisco, Redwood City, Fremont, San Diego, 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 offers commentary on the divorce that threatens control of the Los Angeles Dodgers

The Philadelphia Phillies may not be the only thing on the minds of the Los Angeles Dodgers front office this week. The divorce filing of Frank and Jamie McCourt, the owner and chief executive officer respectively of the Los Angeles Dodgers has created some interesting division of property issues during the National League Championship Series.  In 2004 the McCourt’s purchased control of the Dodgers, and their divorce may create a struggle for control since Ms. McCourt is arguing that the ownership of the team should be divided up as community property, leaving each person with a 50% interest in the team.

This is not the first time that a California sports team has had a divorce settlement affect its ownership.  The San Diego Padres were considered community property and were sold during the divorce of the team’s owners John and Becky Moores.  In that case Mr. Moores wished to buy out his wife’s interest in the team, but the only way he could raise the cash necessary to do so was to sell the team.

California community property law states that if you are married or are in a registered domestic partner relationship, that assets earned by either partner are considered to be community property and thus divided equally in the event of a dissolution of marriage or ending of a domestic partner agreement.

This case highlights how a non-amicable divorce can affect not just the couple and their children.  In this case, it affects a baseball team playing for a chance to go to the World Series.  It also affects a city and the team’s legions of fans who wonder what direction the team will take if the ownership changes.

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 California locations including San Jose, San Francisco, Redwood City, Fremont, San Diego, 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 offers some advice to pregnant women who have been left by the baby’s father.

It’s a sad fact of life that many unmarried women, after they find out they are pregnant, find themselves alone when the father of their child leaves. There are a number of legal issues that need to be sorted through in this situation including confirming paternity of the child, securing child support from the baby’s father and working out a child custody arrangement that is in the best interests of the child.

A family law attorney can assist you in each of these areas. The first thing is to determine the paternity of the child. When the baby is born, both parents can sign the Declaration of Paternity. If the father contests the paternity, a paternity test can be performed to establish paternity. Once paternity is established, your family law attorney can help you get an order of child support from the father, and the California Department of Child Support Services can assist you with child support collection and enforcement.

Child custody arrangements between unmarried couples can be tricky, and an experienced family law attorney can help you craft the best possible child custody arrangement for the child. The courts take many factors under consideration when establishing custody including:

• Child’s health, safety and welfare
• History of physical abuse
• Certain violent crimes that may restrict custody or visitation orders
• Stability of the home environment
• Avoiding separation of siblings
• Wishes of the child, if the child is old enough to voice them.

Your family law attorney will assist you in working through these issues to help you through a difficult period of your life. Just because you were not married when you became pregnant doesn’t mean you, and your child, do not have rights. Contact a family law attorney to review your rights and help you protect them.

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 offers some tips on reducing the possibility of divorce before you are married.

Statistics show that nearly half of all marriages in the United States end in divorce proceedings, and there are some common themes that run through many tales of broken marriages. Here are some basic questions you should answer before you tie the knot:

1. What are my beliefs about money? Am I a saver or a spender? Is my spouse a saver or a spender? If we do not share the same viewpoint on money usage, how can we arrange our household to avoid conflict over money, which is the leading contributor to divorce? A prenuptial agreement can help protect your assets if you believe your future spouse may squander them.
   
   
2. Can I live with the quirks that my future spouse has? Changing someone after marriage is usually an unsuccessful venture that leads to a great deal of anger and resentment and often ends up in family law court.
   
   
3. What are my “hills to die on?” What are the major issues in a family relationship that I am willing to draw a line in the sand over? Everything can’t be a hill to die on, or you will be in divorce court very quickly. Learn to let the small stuff pass you by and work to change the things that really bother you.
   
   
4. Communication is a key to avoiding divorce court. Sharing the good and the bad, the frustrating as well as the pleasurable, is a healthy way to maintain open lines of communication which leads to more productive relationships.
   

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 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.

San Jose Family Law Attorney explains the need to protect marital assets before the divorce is final.

The Jon and Kate Gosselin divorce saga has captivated fans of their show “Jon and Kate Plus 8” that featured their lives with 8 small children. It has also become a national news story and is a staple of the tabloids and cable news programming. They have been very public in airing their disagreements and divorce proceedings. Recently there was a news story about the status of their joint checking account, and there is a valuable lesson to be learned in their divorce.

Kate Gosselin said that Jon removed nearly $230,000 from their account, despite a separation agreement that prohibits either of them from withdrawing from the account without the other’s consent. Kate has hired a divorce attorney who is threatening to sue Jon if the money is not returned to the account immediately.

When you are filing for divorce, consult with your family law attorney to ensure that your financial assets, especially those that are titled jointly such as homes, cars, bank and investment accounts, are protected from one party emptying the account and absconding with the funds. Your family law attorney can help you garner legal protection for all of your assets until they can be divided up in the divorce settlement.

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 Family Law Attorney comments on the rise in spousal support for men cases in family law courts.

With the recent prolonged recession tearing at many middle-class jobs, the family law courts are seeing a rise in men requesting spousal support from their wives, whose jobs may not be as severely affected by this recession.

For many men, they would have never entertained the thought of spousal support for themselves. For years, the spousal support system has favored women, who are often the lower-paid individual in a two-income household. The rise in the number of women entering the higher-paying fields has started to change this. Spousal support laws are gender-neutral, and women with high-paying jobs may be in for a surprise if they end up in divorce proceedings.

While many men would not seek or accept spousal support out of pride, there are a growing number of men who either cannot find work, or do not want to find work, and are opting to receive spousal support. The courts often view the “deadbeats” differently from those caught in severe economic circumstances, but there is no guarantee that a judge will not grant spousal support to a man who has grown accustomed to a certain lifestyle afforded by his wife’s employment.

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 Family Law Attorney comments on how the rise in male suicide in family law cases can be reduced through less contentious divorce proceedings.

A recent article on the rise in male suicides that are part of family law cases is worth looking into. This is not a uniquely American issue – the researchers looked at data from Canada, Australia and Europe – before coming to the conclusion that divorce and custody fights play a role in the rise in suicides among men, who may believe the scales of justice are tilted against them.

One way to address this is to have less contentious divorce and custody proceedings. Divorce mediation is one approach that has shown an ability to reduce the stress and contentiousness of divorce and child custody proceedings. Divorce mediation has several benefits over a litigated settlement. First, the couple using divorce mediation typically has a better relationship, which benefits their children. Second, they also have an ownership stake in the decision since they helped create it rather than having a judge impose a decision. Third, divorce mediation costs much less than litigation, often one-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.

Family court proceedings should not drive anyone to end their lives. We at Sagaria Law try to find the most amicable divorce settlement possible for our clients and their children; it is in everyone’s best interest.

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 offers tips on the international adoption process.

Recent celebrity adoptions have focused attention on the growing international adoption business. Many Americans choose to adopt internationally for many reasons, including the ready availability of infants. There are essentially two ways to adopt internationally.

You can adopt a foreign child through an American agency that specializes in international adoptions -- or you can adopt directly. Most people use an agency, because direct adoption can be difficult. If you prefer a direct adoption, you will have to adhere not only to the adoption laws of your state, but also to U.S. immigration laws and the laws of the country of the child. It will be a complex process, so be prepared for some tangles. Do as much research as you can before you fly off to find a child; the more you know about the chosen country's adoption system ahead of time, the better off you'll be when you get there. For example, you may be required to stay in that country for several weeks or months before bringing the child to the United States.

U.S. immigration laws require that prospective adoptive parents be married or, if single, at least 25 years old. The adoptive parents must file an Orphan Petition (Form I-600) with the agency now known as U.S. Citizenship and Immigration Services (USCIS, formerly called the INS), to show that the child's parents have died, disappeared, or abandoned the child, or that one remaining parent is not able to care for the child and consents to the child's adoption and immigration to the U.S. If there are two known parents, the child will not qualify as an orphan under any circumstances.

Along with the Orphan Petition, you will need to submit a number of other documents, including a favorable home study report. If USCIS approves the petition, and there are no disqualifying factors such as a communicable disease, the child can be issued an immigrant visa.

Much of the paperwork for an international adoption can be completed even before you have identified a specific child to adopt. Advance preparation is a valuable option because the paperwork often takes a long time to process, and may hold up the child's arrival in the U.S. even after all foreign requirements have been met.

Finally, be sure you check your own state laws for any preadoption requirements. Some states, for instance, require you to submit the written consent of the birthmother before they approve the entry of the child into the state. Some experts recommend that parents who adopt overseas readopt the child in their own state in order to make sure that the adoption fully conforms to state law, and in order to get a birth certificate that is in English. Sometimes, readoption is a legal necessity -- required either by the state in which you live, or by the country in which you adopted.

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 offers suggestions on making wise elder care decisions.

When families are faced with the decision of providing elder care at home, in a nursing home or assisted living facility for a relative, there are a number of factors to consider before rendering a decision. Here are some good questions to answer that will provide guidance as you navigate the difficult and emotion-laden elder care process.

1. Does your loved one currently reside in his or her own home? If your loved one does but doesn’t seem able to manage the home, don’t be too hasty in selecting an independent living or assisted living facility or nursing home. Once your love one no longer has a home, he or she may no longer be eligible for in-home care, often a less expensive but just as effective option in providing the care your loved one needs.
   
   
2. Does your loved one have long-term care insurance? If so, be sure you fully understand its limits, since it may become useless when your elderly loved one enters an assisted living facility or not yours to spend as you choose when the loved one is in a nursing home.
   
   
3. Does your loved one depend and need 24-hour professional care? Even every day tasks like bathing, dressing and eating can be overwhelming for the dependent elderly. If you suspect this is the case, then your loved one may need 24-hour professional care, in his or her own home; a well-equipped assisted living facility, or nursing home.
   
   
4. Does your loved one see a geriatric specialist for medical care? This specialist physician understands the unique physical and psychological needs of your elderly loved one. So a geriatric doctor can help you and your loved one make the best decisions for medical care, helping to enhance the quality of life and not just prolong it.
   
   
5. Do your loved one have a trusted attorney with experience in elder law? If the answer to this question is “Yes” then all your and your loved one’s decisions about living arrangements, estate planning and wishes upon death will be the best ones.

The area of elder law is a very specialized area. Because there are so many special needs for this group and their loved ones and because there are many ways to address those needs without bankrupting either the elderly person or his or her caregivers, it’s vital to consult an elder law specialist who can review your options, which will include any long-term care insurance policies and a review of the elderly loved one’s financial situation. All of these are factors to be considered as you move toward a decision that is in the best interest of your loved one.

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.