California Family Law Blog

A San Jose Family Law Attorney defines common law mariage

A common law marriage os one that is created via cohabitation for a certain period of time (as oppsed to a marriage created by a ceremony). The period of time for a common law marriage is significant, and cohabitation alone does not define a common law marriage. The common law marriage couple also represents themselves as joined and living together as if they were married.

Common Law marriage is sometimes referred to as facto marriage. The inferrence here is that it is a marriage which exists under less formal circumstances than one entered into with a wedding and marriage license, however it encompasses the features and attributes of a legal marriage. While there is no contract between the common living in a common law marriage, some common law jurisdictions recognize it as a legal union. Still others do not.

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.

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.

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.

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.

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.

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.

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.

San Jose Bankruptcy Attorney  comments on the divorce, debt, and possible bankruptcy of Jon Gosselin

Jon Gosselin, former star of “Jon & Kate Plus 8” has had a very memorable year.  First, the couple was allegedly facing severe financial difficulties with an unsold home and mounting debts.  Despite the more than $2 million the couple has earned from TLC from their TV show, they were under financial stress from their mounting debts.

Then, when their impending divorce became public, Kate kept the TV show and Jon has been largely shut out of the television market. Between the divorce, the $13,000 per month in child support that he owes Kate, and the $90,000 he owes his family law attorneys, Jon is looking at the possibility of a Chapter 13 bankruptcy filing to clean up his balance sheet.

While a Chapter 13 will not remove the child support or alimony payments, it will allow him to discharge other debts including the unsold home and some other debts he has accumulated prior to and after the divorce. If Jon does file for bankruptcy protection, it may force Kate into an uncomfortable position if the mortgage lenders ask her to cover the remaining balance on both mortgages.  It is unclear if her earnings from the television show would allow her to manage those payments, or if she would also be forced into bankruptcy.

The Jon and Kate saga is far from over as the financial repercussions of their divorce continue to be felt.

Jon Gosselin: On Suicide Watch ?!?, www.thehollywoodgossip.com, December 24, 2009

Does Jon and Kate Plus 8 Equal Bankruptcy?, www.allmandandlee.com, November 3, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on the bankruptcy and alleged divorce plans of Josh and Susan Powell.

Susan Powell, a Utah mother who has been missing since December 7, reportedly had made financial plans in the event her marriage to Josh Powell ended in divorce, or he attempted to kidnap her two sons and empty her bank accounts.  She even went as far as opening up a separate bank account and shared the information with her friends in the event that something happened to her.

Josh Powell filed for bankruptcy protection citing more than $200,000 in credit card, student loan, furniture and other debts.  The couple had entered into marriage counseling where they had set definite milestone goals for Josh to meet or Susan would leave him and file for child custody of their sons. The milestone goals had an end-of-the year deadline for Josh to meet or the divorce proceedings would commence.

Josh Powell has been named as a person of interest in Susan’s disappearance.  Police are suspicious of his story of suddenly leaving to take his 4 year-old and 2 year-old sons camping in the winter in a snowstorm and leaving Susan at home.  During the 24 hours he was gone, his rental vehicle was driven several hundred miles but the GPS system was deactivated, giving investigators little information on Josh or Susan Powell’s whereabouts.

Friends say Susan Powell was preparing for possible divorce, www.abc4.com, December 22, 2009

Susan Powell Reportedly Made Plans to Leave Husband 1 Year Ago, Feared Kidnapping, www.foxnews.com, December 23, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments the alleged prenuptial agreement between Tiger Woods and his wife Elin that will cost the golfer $300 million if they divorce.

Tiger Woods’ peccadilloes are well documented.  Rumors of impending divorce and his wife Elin contacting family law attorneys have set the stage for a 2010 celebrity divorce which will be part of a media feeding frenzy. Reputable estimates of the size of the prenuptial agreement that Woods and his wife signed will give her $300 million, making it easily the largest celebrity divorce case on record.  The previous record was held by Michael Jordan’s divorce which gave his wife Juanita $150 million.

While the $300 million will not put Woods in danger of bankruptcy, it will be a significant dent into his estimated net worth of nearly $1 billion.  Woods earned nearly $100 million per year, mostly from endorsement contracts.  Given his indefinite break from the PGA Tour, and subsequent loss of endorsement contracts, his future earnings may be curtailed if he is unable to reconcile with his wife and children.

Woods’ prenuptial agreement will remove much of the traditional wrangling over spousal support and child support that can often drag out divorce proceedings.  Legal experts are questioning whether Elin Nordegren is renegotiating her prenuptial agreement with Woods while the couple is rumored to be in intense marriage counseling.  But little is known for sure in the life of the intensely private Woods.  He has guarded his privacy for years, and has successfully kept his family out of the media spotlight until the traffic accident at his home that broke this story.

Ouch: If Elin Bolts, Tiger Gives Up $300 Mil, www.wcbstv.com, December 3, 2009.

Woods’ wife reportedly revising prenup, www.msnbc.com, December 2, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on a recent study that shows that middle-class divorced women and single mothers are most vulnerable to bankruptcy.

A recent study by Harvard Professor Elizabeth Warren demonstrates that educated, middle-class women are most vulnerable to bankruptcy.  According to the study:

“Bankruptcy exposes the economic vulnerability and insecurity of middle class women. The women in bankruptcy, like the men who file for bankruptcy, are a fairly representative cross-section of the American middle class. Their education levels are slightly higher than the population generally, with women in bankruptcy more likely to have attended college than their counterparts. Most are employed when they file.”

The study also notes that not only are the women vulnerable to bankruptcy, they are also close to poverty.  The majority of the women who are on their way to bankruptcy are either single mothers or are divorced and not receiving large amounts of spousal support or child support.  Regardless, in the majority of cases they are the sole means of support for their children.

Given some of the recent family law cases in the public view where large settlements went to women who were divorced, it is easy to see that the public may have a somewhat stilted view of the process.   Not every woman has a prenuptial agreement that delivers a fortune to them when the marriage is dissolved.  The sad reality is that many women do not have adequate resources to provide for them and their children after a divorce and, in many instances, their husbands cannot or will not provide domestic support that will allow this to happen.

Middle-Class Mothers Most Likely To Be Bankrupt, US News & World Report, December 21, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney   comments on the continuing divorce and bankruptcy travails of Denny Hecker.

The collapse of Denny Hecker’s automotive empire and marriage have been well-documented in the bankruptcy and divorce proceedings that have been underway for months.  Hecker has been accused of withholding information from the bankruptcy court and pledging personal financial assets as collateral to the business  in spite of an October, 2008 agreement that staved off a divorce filing by his wife Tamitha.

Hecker has not been as forthcoming with information for the creditors and bankruptcy court, and there are allegations that Hecker has submitted forged documents to the court.  It is now possible that Hecker could be headed to the nightmare scenario where the bankruptcy trustee recommends that his debts not be discharged but also leaves the court in possession of his assets.  This type of recommendation is rare and usually follows a pattern of not disclosing assets or bankruptcy fraud. If the bankruptcy trustee does issue that recommendation, Hecker will still be saddled with $700 million in debt, and will not have control of his assets.

Hecker has been embroiled in an bitter public divorce and child custody battle with his wife Tamitha.  The couple recently reached a divorce agreement that does not include spousal support, child support or child custody arrangements.  Mrs. Hecker is seeking to have the October, 2008 agreement nullified and is trying to renew her request for $15 million of Hecker’s assets, which was her claim prior to the agreement.  Her claim is complicated by her husband’s pledging of personal assets to guarantee business debts.

Stay tuned for a very complicated and bitter legal battle.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney   comments on the unfolding bankruptcy and divorce drama surrounding the person who is rumored to have inspired “The Case Runner.”

Willie Garcia, the person many in South Texas believe to be the inspiration for the novel “The Case Runner”  is embroiled in a legal saga of his own that is nearly as compelling as “The Case Runner.”  Garcia is a case runner, a South Texas term for an attorney who solicits clients for personal injury attorneys.  Garcia’s wife has filed for divorce, and is asking for $10,000 per month in child support, as well as making division of property claims on his reported wealth of $33 million.

Garcia has been at the center of some of the most famous personal injury claims in South Texas history.  He was the state’s star witness in the controversy surrounding the Alton bus case, where 21 children died when their bus drove into a water-filled caliche pit.  The state charged three attorneys with barratry – bringing legal actions solely to harass – and Garcia provided testimony that secured felony convictions for the attorneys.

Garcia created a Mexican firm, SLM, that he used to operate in the U.S, Mexico and across the world in airline crashes and other disasters. One firm that has filed suit against Garcia is LawFunder, which advanced millions to Garcia and is trying to collect more than $8 million in court after finding out he is not an attorney.  Two prominent law firms have filed suit and were trying to collect more than $6 million before one of the firms filed for bankruptcy protection.  The suit has been stayed pending the bankruptcy filing.

Meanwhile Garcia’s wife and her attorneys are trying to reach a suitable division of property in their divorce case while outside firms in addition to the ones mentioned above try to recover they claim they are owed by Mr. Garcia.  This case will not be going away anytime soon, and will just add to the murky legend of South Texas legal wrangling and personal injury law.

Firms gave millions to South Texas case runner, mysanantonio.com, December 6, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on the ongoing Denny Hecker divorce and bankruptcy saga.

As Denny Hecker’s empire continues to crumble around him, his attempts to avoid paying spousal support to his wife Tamitha were rebuffed by a Minnesota divorce court judge.  Hecker was ordered to pay $7,500 per month to Mrs. Hecker in alimony and child support.

Hecker, who filed for Chapter 7 bankruptcy protection in June as his auto dealership empire collapsed, said he was unable to afford the support payments for Mrs. Hecker.  But the judge, after examining Mr. Hecker’s financial records, discovered that he had given his live-in girlfriend more than $72,000 and spent $27,000 on vacations since his June bankruptcy filing. That discovery led the judge to order the $7,500 per month in spousal support, since Mr. Hecker was spending nearly $30,000 per month on his girlfriend.  The judge also ordered Mr. Hecker to pay for his children’s health insurance.

Mr. Hecker’s spending habits since he filed for Chapter 7 bankruptcy have come under great scrutiny.  Mr. Hecker is due in court in December to explain where the more than $125,000 he withdrew from a 401k plan is, and why he withdrew the money without the court’s permission.  The bankruptcy judge is considering holding Mr. Hecker in contempt of court for liquidating the couple’s retirement assets.

Mr. Hecker’s divorce has been contentious, given his level of spending on his girlfriend while asking the court to order his wife to sell her furs and jewelry to fund the lifestyle to which she had become accustomed.  The judge refused to order that since Mr. Hecker is spending $24,000 per month on his lifestyle while contesting the $7,500 per month that the mother of his children is requesting to maintain their lifestyle.

The Hecker saga is far from over.  Mr. Hecker has already been held in contempt by the bankruptcy court judge for improperly disclosing his assets and spending, and the divorce court judge may follow suit.

Hecker must pay estranged wife $7,500 per month: judge, Minneapolis/St. Paul Business Journal, November 25, 2009

At issue: Two women, money and Hecker, Minneapolis Star Tribune, November 25, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on one of Britain’s most expensive divorce battles.

One of Great Britain’s most expensive, and most public, divorce battles took an unusual turn last week when Michelle Young was evicted from her £8,666 per month Regent’s Park Townhouse for failure to pay the rent.  Mrs. Young is in a heated divorce battle over her husband Scot Young’s estimated £400 million fortune.  Mr. Young claims he is on the verge of bankruptcy and owes creditors £27 million.

Mrs. Young is asking for half of Mr. Young’s fortune, and she is alleging that he has hidden many of the assets.  Mr. Young counters that his empire has been hit hard by the current recession and decline in property values and that he has nowhere near the wealth that his wife alleges in her divorce filing.

As their divorce case has dragged on, Mr. Young has not paid any spousal support for nearly a year and their children’s private school tuition has gone unpaid since spring.  More than £24,000 in rent has been  unpaid on the townhouse, which led to the recent eviction. Mr. Young is contending that Mrs. Young has not adapted to the new economic reality and continues to live in a manner that exceeds his and her means.

Mr. Young’s financial empire is mostly in real estate, and he recently sold the family’s £19 million home on the Wentworth Park Estate in Egham, Surrey, to Boris Berezovsky, the Russian oligarch

Wife in £400m divorce battle with 'broke' tycoon downsizes after eviction from townhouse, Mail Online, November 26, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Bankruptcy Attorney  comments on Estelle Walgreen’s rise from the ashes of bankruptcy, losing her home, and a divorce, to launching a Hispanic new media company.

Estelle Walgreen has made headlines for much of her life.  Once married to and now divorced from Charles Walgreen, an heir to the company fortune, Ms. Walgreen made headlines in 2006 when her three pet pigs she was raising on her Lake Forest estate became the center of a public policy controversy.   She lost her multi-million dollar home when a fast-growing industrial firm she co-owned filed for bankruptcy. Now the mother of two has returned to her Hispanic roots, where she was crowned Miss Mexico of Chicago's Mexican Independence Day festivities in 1981.

The former Estella Gonzales , a former investment analyst, is launching Hispanically Speaking News, a website targeting coverage of Chicago’s Latino community.  The bilingual site will summarize news and sports, dispense financial advice, offer links to leading Mexican newspapers and track anti-immigration bills in U.S. legislatures.  It will employ three barrio reporters in the city’s Hispanic neighborhoods, and she hopes the site is profitable within 18 months.

Ms. Walgreen’s descent into bankruptcy began with a company that supplied Harley Davidson and Motorola Inc.  The company grew a hundredfold, but in 2006, it became one of the early victims of the crushing credit crunch that has crippled the U.S. economy.  When the company filed for bankruptcy, it owed Lasalle Bank more than $6 million, all of which Ms. Walgreen had personally guaranteed. The ensuing bankruptcy negotiations cost Ms. Walgreen her beloved home.

But it is a new day in the Windy City.  And Estelle Walgreen is hoping that her brand of ethnically-targeted news will allow her to put some of the past behind her.

News after swine, Crain’s Chicago Business, November 16, 2009

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you are have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram down,  stopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

San Jose Family Law Attorney explains how to protect your financial interests in a divorce if you think your spouse may later file for bankruptcy protection.

If you are going through a divorce, you may be better served by seeking more spousal support and child support, and less physical property, in the property settlement if you suspect your spouse may be considering filing for bankruptcy.  The advantage to you is that domestic support obligations are no longer dischargeable in bankruptcy.  So even if your spouse files for bankruptcy, the spousal support and child support obligations do not go away.

Property settlements, however, can be discharged in bankruptcy.  Even worse, they can come back to bite you if your name is on the loan document when your former spouse files for bankruptcy.  In that event, the lender may come after you for the entire amount owed, instead of just the part that was awarded to you in the property settlement.

Bankruptcy courts have the task of determining what is considered support and what is a property settlement.  Some of the criteria they use include asking:

Does the obligation terminate or reduce with the occurrence of certain events, like remarriage or a child turning 18?

• Is the obligation in installments or a lump sum?
• Are there minor children?
• What is the relative health and education of the parties?
• Was there a need for support at the time of the divorce?

So if you think your spouse is contemplating bankruptcy after your divorce is final, you'll want to word your property settlement in such a way that your soon-to-be-ex's obligation looks and acts as much as possible like a support obligation instead of a property settlement. That is so simply because support obligations are more difficult to have discharged in bankruptcy court.

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 comments on the bankruptcy and divorce saga of the Advantage Rent-A-Car owner.

When Denny Hecker’s auto empire of 26 automotive dealerships, the Advantage Rent-A-Car chain and other businesses filed for Chapter 7 bankruptcy protection, he never envisioned that it would become a personal issue embroiled in a bitter divorce with his wife Tamitha.  But the bankruptcy liquidation of his assets is now tied up in family law court as well as Ms. Hecker.

As the bankruptcy trustee prepares for a public auction of Mr. Hecker’s assets including Rolex watches, a Cartier travel clock and numerous personal jewelry items, Ms. Hecker is questioning how her husband is spending $25,000 per month while unemployed, bankrupt, and contesting her request for $7,500 per month in alimony and child support for her and the couple’s two children.

The December 2008 business bankruptcy filing was prompted by Chrysler Americas LLC and other creditors demanding payment on several hundred million dollars debt.  Mr. Hecker filed for personal bankruptcy in June to deal address his more than $760 million in debt.  He is the subject of a federal grand jury investigation and state investigations into allegations of forgery, conspiracy, money laundering, and mail, wire and bankruptcy fraud. Some of the allegations state that Mr. Hecker sought to defraud lenders by seeking loans for more than he was entitled to as he desperately sought to keep his business empire from crumbling.

Federal grand jury considering charges against Denny Hecker, Star-Tribune.com, September 18, 2009

Fallen Auto Magnate Faces Grand Jury Probe, Wall Street Journal, September 21, 2009

Bankruptcy Plus Divorce Equals Major Drama, Wall Street Journal, October 13, 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.sagariaw.com.

San Jose Family Law Attorney explains the spouse receiving support should try to maximize the amount of domestic  support vs. a property settlement in a divorce decree.

Persons going through, or contemplating, divorce should do some planning with their family law attorney if they believe they will be receiving child support or spousal support as a result of the divorce.  Recent changes to the bankruptcy laws make domestic support a much more attractive option than a property settlement.

If the divorce decree has a significant property settlement within it, the property may be at risk if the former spouse files for Chapter 7 bankruptcy protection.  While you may each own half of the property, if your spouse files for a bankruptcy liquidation, the bankruptcy trustee can liquidate their ownership interest in the property, which may force you to raise cash in a hurry or sell the property to satisfy the creditor who will now be pursuing the entire debt from you. To decide what is best for you, please consult an attorney.

By contrast, domestic support is not dischargeable in bankruptcy.  So if your spouse files for bankruptcy, it does not remove the child support or alimony payments.  The 2005 bankruptcy reform law moved domestic support to the front of the creditor line to ensure that bankruptcy laws were not used to shirk responsibility for domestic support obligations.

Your family law attorney can guide you through the property settlement process to ensure that you receive the best possible settlement for you and any children that you may have.  If necessary, your attorney can consult with a bankruptcy attorney to ensure that your settlement will stand up to a bankruptcy filing by your spouse.

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 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.

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.

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.