California Family Law Blog

What is Putitive Marriage?

2010-08-05T15:53:24Z

A San Jose Family Law Attorney blogs on the definition of a putitive marriage

A putative marriage is a egally invalid marriage, although entered into with good faith by one or both parites. Reasons that a putitive marriage is not legally binding would be because of a technical barrier (called an impediment), for example if one party in the putitive marriage has a preexistent marriage.

A putitve spouse is different than a statutory spouse, a common-law spouse or a ceremonial marriage spouse, in that a putative spouse is not legally married. Rather, they believe themself to be married in "good faith." Therefore, the putitive spouse typically has legal rights because of their dependance on their good faith union with the other partner.

Under civil law, if the impediment is removed, the marriage becomes valid. However, with regard to divorce proceedings, if the impediment has not been removed, commonly the partner that as not made the infraction is often entitled to the protections of a divorce for division of property and child custody.

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

Surcharges on Unpaid Child Support

2010-07-29T14:55:24Z

San Jose Family Law Attorney comments on the interest and surcharges on unpaid child support driving some parents to bankruptcy and facing jail time.

To cut down on the amount of unpaid child support, many states have enacted provisions that allow for interest and surcharges to be added to delinquent child support accounts. But given the state of the economy and the inability of many to find work, some have lost hope that they will ever be able to get caught up on their child support payments. The threat of jail time is almost like adding insult to injury for those who are facing that prospect.

In 1996 Michigan, like many other states including California, added a provision to charge interest on delinquent child support accounts. But the law did not give judges discretion in applying the penalty to accounts. The law made no distinction between someone who was a deadbeat and refusing to pay their child support and someone who was unable to pay because of job loss or injury.

While child support payments, like other domestic support obligations are not dischargeable in bankruptcy, many parents delinquent in their payments have filed for bankruptcy protection to remove all of their other debts so they can avoid the specter of a felony charge and jail time for not paying child support. With unemployment in the double-digits, there are a growing number of people who have exhausted their unemployment benefits and cannot find work. They fall farther and farther behind in their payments and the interest added on to their account leads them to believe them they will be paying child support for the rest of their lives, once they find a job.

Michigan rules derail child support payments, The Detroit News, December 7, 2009

What is Mediation?

2010-07-21T13:50:04Z

A San Jose family law attorney defines mediation with regard to spouses.

Mediation is defined as a negotiation between two people which is conducted by an impartial party. Often, couples that are seeking separation and/or divorce seek this out as an avenue to reach a mutual decision anywhere from whether they will actually divorce or separate, to child custody issues, alimoney issues and any other solvable matters that they do not wish to address in costly court battles.

Child Custody Statistics

2010-07-20T13:49:55Z

A San Jose family law attorney sites child custody statistics according to various resources.

Today's child custody statistic:

According to this website, when parents first separate, 67% of the time the children remain in the marital home with the mother.

What is a Domestic Partnership?

2010-07-16T14:36:39Z

A San Jose family law attorney explains domestic partnership

A domestic partnership is a legally recognized relationship between a cohabitating (living together) couple who are not legally married via marriage certificate or contract or via a civil ceremony. Those in a domestic partnership, dumpcarts, are sometimes not entitled to be recognized as a common law marriage couple, although one feature of the domestic partnership is that it is often entered into in order to execute contractual agreements between the couple with regard to property. This is so that obligations, contributions and are acknowledge by the parties in the domestic partnership in the same way as if they were legally married.

Another way in which domestic partnership is utilized is between same sex unions.

What is Alimony?

2010-07-15T13:48:39Z

A San Jose family law attorney defines Alimony...

Alimony is also known as spousal support. Alimony, or the amount (in dollars, property, etc.) of spousal support that one spouse will provide to another during divorce or separation is determined by many factors that can include the length of the marriage, the support during the marriage, and is considered a contunuation of that support to be provided after the marriage (or in some cases common law marriage) has ended.

Alimony exists under divorce law, but there are many factors involved. To accurately assess your current marital circumstances and/or pending divorce, you should seek the advice of a family law attorney.

The Famous Five: Celebrity Divorce and Destruction

2010-07-14T14:50:13Z

A San Jose family law attorney comments on celebrity splits

Time again for another edition of The Famous Five: celebrity divorces, custoday battles and all around "really...???" moments of the rich and (in)famous....

Paul McArtney and Heather Mills settled their divorce amidst much media mayhem and controversey over Mills request for a $125 million settlement. The outcome was $50 million to support her, their daughter, Beatrice and a "little" something to buy a London residence. THe former model turned charity worker said during the ordeal she was treated worse than a pedophile in the media, according to www.cnn.com.

The late Gary Coleman's divorce from Sharon price was an episode of Divorce Court!

Russell Simmons and Kimora Lee Simmons, hip-hop and fashion celebrities ended their marital bliss while remaining under the same roof for "professional" reasons...their join clothing line, Baby Phat, is achieving record success. The couple's marriage lasted 8 years and they have two daughters together.

Ted Danson's divorce to first wife Casey Coates, a designer, ended in a $30 milliion settlement for her. They couple have 2 children together and it is rumoured that the divorced was precipiated by Danson's public affair with Whoopi Goldberg.

According to various online sources the price tag of $80 million was attached to Kevin Costner's settlemend to his wife of 15 years, Cindy.

How is Child Custody Decided?

2010-07-13T13:49:17Z

A San Jose family law attorney comments on ways in which child custody is decided:

What are some ways in which child custody and visitation decided?

Child custody can be agreed by the parents, on their own.

Child custody matters can be settled with third party involvement.

Child custody matters can be decided during mediation.

Child custody differemces can be resolved after a custody evaluation.

Child custody matters can go to trial where the outcome is determined by a judge.

Child custody outcomes can either be sole custody to the mother, sole custody to the father or joint custody. Extenuating circumstances can result in a custody outcome not listed here, which would fall under the child custody category of "Other."

If you have a question regarding Family Law in San Jose please contact us at 408.279.2288 or visit the Family Law section on our website at www.sagarialaw.com. Call today and we will connect you with an experienced San Jose Family Law Attorney. After you have spoken with one of our San Jose Family Law attorneys, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody & Visitation, Spousal Support & Alimony, etc. we can help! Call us now at 1800.941.6730. We look forward to hearing from you and assisting you with any and all family law needs.

Divorce Du Jour: Tiger Woods

2010-07-12T15:33:10Z

A San Jose Family Law attorney observes the downward spiral of celebrity divorce in the media...

Aside from the 750 mil rumour surrounding the Tiger Woods/Elan divorce settlement, TMZ now reports that one of Tiger Wood's lovers, Rachel Uchitel (touted as his #1 mistress) will check into "Celebrity Rehab" with Dr. Drew for an estimated $500,000.

TMZ on the web reports that she will join Janice Dickinson, among others and that Rachel is looking to get off a pill popping habit.

The TMZ article also said she is also considering 'Celebrity Apprentice" with Donald Trump.

What is an Annulment?

2010-07-09T14:49:35Z

A San Jose family law attorney comments on the term annulment...

An annulment is a legal proceeding that renders a marriage as "null and void" and differs from divorce in that by its very definition, the annulment essentially means the marriage never existed.

Famous annulments include those of Britney Spears (extracting herself from the Vegas marriage to her high school "sweetheart"), Janet Jackson (claiming family pressure) and Rennee Zellweger's marriage to country crooner and notable groopie spooner, Kenny Chesney (she sited "fraud").

Reasons for annulment can include insantiy, consanguinity (the marital couple are related by blood), if murder was invloved to free up one or both of the parties, and adultery.

Estate Planning when Filing for Divorce

2010-07-08T13:49:10Z

A San Jose family law attorney comments on estate planning as a factor when filing for divorce.

Forbes.com recently published some estate planning factors to consider if you are about to file for divorce or considering filing for divorce. To gain clarity on all aspects of divorce, you must seek the advice of a family law attorney but to summarize, the estate planning topics included choosing a new executor of your will if you care to, choosing a new medical power of attorney other than your spouse (especially if your divorce or situation is contentious), update your estate planning documents before the divorce is final, and updating your will and life insurance policies.

The Famous Five: Celebrity Divorce and Destruction

2010-07-07T17:50:19Z

A San Jose family law attorney comments on celebrity splits

Time again for another edition of The Famous Five: celebrity divorces, custoday battles and all around "really...???" moments of the rich and (in)famous....

Gloria Vanderbilt the 11-year-old daughter of Reginald Vanderbilt was eventually awarded to her paternal aunt over her mother in the media-soaked custody battle after the death of her father. At the time her fortune was $4 million.

The tabloids caught the Marlon Brando slap-down from his former wife after he was awarded temporary custody of their 3-year old during their embattled divorce hearing.

Mia Farrow left Woody Allen in 1992 after finding nude pics of her daughter, Soon-Yi in the famously quirky director’s apartment. Farrow was awarded sole custody of their other daughter, Dylan.

Alec Baldwin is popular for turning the now popular divorce court phrase “parental alienation syndrome,” as yet unrecognized by the American Psychological Association. His much publicized split from actress Kim Basinger included the now infamous voicemail recording in which he referred to their daughter as a “thoughtless little pig.”

O.J. Simpson won custody of his two children by his deceased wife, Nicole Brown Simpson, but was forced to move closer to her family so that regular visitation could be had by her parents and extended family.

Lindsay in the Clink

2010-07-07T01:33:02Z

A San Jose family law attorney comments on Lindsay's status with the law.

So, 90 days in jail for Ms. Lohan at the gavel of Judge Marsha Revel in Beverly Hills Court today, according to TMZ.com and other sources.

Lindsey’s genuine-seeming shock was only outshined by her plea that she had been good in “the past couple of weeks” with regard to her missing mandatory alcohol education classes as part of her 2007 probation. The probation was the result of a plea bargain in her DUI case.
While Lohan had a myriad of reasons for missing the classes, the Judge maintained her opinion that it looked more like Lohan was trying to cheat the system. Among her excuses were work , travel, mourning the recent passing of her uncle and the launch of a new clothing line. One might wonder if brightly colored jumpsuits were part of the fall line on the catwalk…

Lilo must surrender herself on July 20, 2010.

Divorce du Jour: Sandy n Jesse

2010-07-05T14:33:17Z

A San Jose family law attorney comments on Sandra Bullock and Jesse James' divorce.

According to an article in Us Magazine, uber celebrity Sandra Bullock has reportedly finalized the deets of her split from Jesse James.

The 45-year-old actress filed for divorce on April 23rd of this year in Travis County Court in Austin, TX where she lives. It has been rumoured that James has plans to make that his primary residence as well. No word as to whether that will curb the cheatin ways that got him into this mess, as sited in the divorce by Bullock (per the Us Magazine article) as causing the marriage to be "insupportable."

The couple were married almost five years. Bullock has custody of the less than 5-month old baby they were in the processing of adopting together before the divorce. According to the article, Bullock plans to raise the child as a single parent.

What is Child Custody?

2010-07-02T13:11:33Z

A San Jose family law attorney gives a general definition of child custody...

Custody is a legal term that most commonly pertains to child custody with regard to divorce and terms of a divorce settlement. Two key factors of child custody, meaning the legal relationship between a parent and child, are the parental duties to care for the child and the parental right to make decisions on behalf of the child.

Child custody can become a bone of contention during divorce proceedings and it is therefore advised that you seek the advice of a family law attorney when you are making the important, life-changing decision of either separation or divorce from your spouse. Another component of child custody is the visitation rights of the parent that does not have full custody.