California Family Law Blog

Sacramento Divorce Lawyer Discusses How Even Celebrities Gets the Blues

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

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Attorney Discusses Divorce and Separation

Even though people are very emotionally taken under during a divorce, separation can also lead to a great deal of physical harm as well. It makes sense since when your psychology and emotions are affected, it will show in you physically as well. CTV news has an article regarding the effects of divorce on a person’s health. Researchers found that women in unhappy marriages are more likely to experience injurious effects to their health than men. Although both genders are likely to suffer from general depression resulting from a strained marriage, women more frequently suffer from signs of “metabolic syndrome”: including high blood pressure, obesity and other risk factors of heart disease, stroke and diabetes. In fact, men for the most part did not face an increased risk of metabolic syndrome at all. Involving 276 couples aged 40 to 70, the study entailed couples filling out several questionnaires, including three to examine positive aspects of marriage quality; three to measure negative aspects of marital quality involving arguments and feelings of hostility; and four to determine symptoms of mild depression.

It’s best to keep a cool head and realize that divorce happens to many people, but it’s all in the way you deal with it. The way you deal with things can mean health and happiness in looking forward to a new life, or stress that can hur you physically down the line.

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

Redwood City Divorce Attorney Discusses Social Networking and Divorce: Yays and Nays

Now that everyone and their dog (or their spouse) is on Facebook, MySpace and the various other social networking sites, individuals can easily keep track of friends, family and even ex-spouses. Its either the best thing to happen for divorcing families or the worst.

Couple of things to watch for on these sites if you are getting divorced:
1. Don’t brag about fancy new purchases, extravagant vacations or other indulgent luxuries. You don’t want your ex-spouse to find out about it and use it to claim you have more money than you say you do when it comes to child support or spousal support. Courts can and do use expenses as a guide in support calculations.
2. Delete all your crazy party girl or boy photos. This is especially true for people with children. First of all, your kids don’t need to know how much partying you are doing. Second, you don’t want that one fun time used to portray you as an alcoholic partier who cannot be trusted with the kids.
3. Don’t let your friends through you under the bus. Your ex may troll your friends pages for similarly disparaging photos.
4. Keep it calm: it’s ok to be stressed during a divorce, but keep the sh** talk to your self. Especially about the judge and your ex. You don’t want to show up in Family Law Court one day and have the opposing side hand the judge a copy of your Facebook wall wherein you describe the judge in negative terms. And if you have kids, definitely avoid the negative talk about the ex. Family courts are serious about the no disparagement clauses in custody agreements. That includes no disparagement on Facebook.

Everyone understands the value these sites provide. But as always, it’s a good idea to mind your ps and qs while using them, especially when you are under a microscope, which you frequently are in divorce or other family law action.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer Discusses West Wing Actor is Divorcing Malcolm in the Middle Wife
Bradley Whitford, known primarily for his role on The West Wing, is divorcing his wife of sixteen years, Jane Kaczmarek. The parties have three children together, and have professed to the media a desire for privacy so they can focus on their children.

The longtime couple lives in Los Angeles, and filed for dissolution in Los Angeles County. This means their dissolution will be controlled by California community property law. Possible issues include custody and visitation, support (child and spousal support) and property division.

Child support is likely going to be granted to the primary custodial parent, using California’s guideline support calculator. This calculator focuses on income and respective timeshare between the parents. Because the parties are both fairly high earners, the court may decide to deviate from guideline if that calculation results in an extraordinary amount of support.

Spousal support is less likely. Both parties are successful actors, with Ms. Kaczmarek currently starring in Raising the Bar, and Mr. Whitford engaging in theatrical and film pursuits of late.

There is no information as yet about the extent of the parties’ assets, or how they have been acquired. After a marriage of 16 years, it seems likely there will be substantial amounts of community property to divide up, unless the parties entered into a prenuptial agreement.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Francisco Divorce Attorney Discusses Different Visitation Schedules for Different Families

With all the discussion of Jon and Kate Gosselin’s separation and divorce, its property got a lot of people wondering, how on earth will they share those kids? From the news reports it appears the plan is for the parents to take turns in the house with the kids, which is an uncommon but not unheard of custody arrangement.

Many families with divorced, separated or never married parents have found a way to successfully share visitation time with the children. For some families, a traditional alternating weekend schedule works. Others include a weeknight or weekday visit, which sometimes is also an overnight. Still others try for an equal vistitation split of the children, alternating weeks – a schedule which works well when parents live nearby and can successfully co-parent the children. For younger children whose parents want an equal timeshare, a popular schedule is the 2-2-3. In that schedule, the parents each take two weekdays, and then alternate the weekends. So Mom may have Mondays and Tuesdays, Dad has Wednesdays and Thursdays, and then they alternate the weekends, so each parent has five consecutive days at a time.

For families where the parents don’t live nearby, parents typically have to be more creative and more flexible with visitation schedules. While some families can afford a monthly or twice monthly airplane ticket for one or more members of the family, many cannot. So some give all the school holidays and most of summer to the non-custodial parent. Others include visits in the children’s residence at any other times, to allow the non-custodial parent to visit as often as possible.

Parenting apart as a result of a divorce or separation is a challenge, but with cooperation, patience and flexibility, many parents are able to find a schedule that works for not only themselves, but their children. The goal of any visitation arrangement is for it to serve the best interests of the children. This may require concessions and cooperation from parents, but its ultimately results in the best outcome.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Family Law Attorney Discusses Affect of Filing a Family Law Case on Travel with Children

Now that we are in the midst of summer and vacation plans are being made – visits to grandma’s house, trips to Disneyland, etc., many people who are in the early stages of a family law case should be aware of what their limitations may be and plan their vacations accordingly.
Often times when someone opens a family case – either a dissolution, custody and visitation or paternity case, they are usually unaware of what exactly the repercussions are of filing. In California, when a family law case is opened, a Summons is issued and a standard family law restraining order is issued. This is also referred to as the Automatic Temporary Restraining Order (ATRO). The Petitioner, party who filed the case, is automatically subject to the ATRO upon filing the case, and the Respondent is subject to the ATRO upon being personally served with the Summons.
The ATRO specifically prohibits both parties from “removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of the court.” This means that if you are a party to a family law case, you should not be planning on traveling outside of California without first getting permission from the other party or first requesting permission from the Court. For example, if Mom filed for divorce and was planning on taking the children to Washington to visit grandma, she better first ask Dad if its okay, or request permission from the Court.
Parents who are further into the court process should also take further caution. Generally when a court makes orders regarding custody and visitation, they may also make orders preventing both parties from traveling outside that particular county without the permission from the other party or the Court. This practice is common in most counties.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Francisco Divorce Lawyer Discusses Divorce

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

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

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

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

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

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

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

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Family Law Attorney Discusses California Surrogacy and Adoption Laws

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

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

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

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Fremont Divorce Attorney Discusses Getting Divorced While Living Abroad

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

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

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

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Divorce Attorney Discusses Child Custody and Visitation

An article appeared in the Mercury News last week about a child custody case involving our office. The specifics of that case are not the subject of this blog, but some of the concepts involved in any custody and visitation dispute were at issue there, and are the subject of this post.

Custody and visitation cases always turn on what is in the best interests of the child or children. Best interests takes into consideration the health, safety and welfare of the children. Many times parents bring laundry lists of concerns to court that they claim affect the health, safety and welfare of the children. Many of these concerns are personality driven or involve different styles of parenting (playing indoor games versus outdoor activities, or feeding no junk food versus occasional junk food). However, there are hard cases where a parent is abusing a child, or abusing drugs or alcohol in the presence of the child, and it is those cases that test the family court system the most.

Courts and judges have only limited information in front of them. The attorneys only have the information from their clients and from the other side, not all of which is disinterested. Some of it may be misleading or untruthful. The family court system is imperfect, and tries to resolve disputes between parents on the basis of what little information it has. Ideally, parents would agree on the best custody and visitation arrangement for their children. When parents agree, it typically results in a better outcome for the children.

Sometimes a case is so bad that it ends up not in family court, but in juvenile dependency court. This happens when CPS becomes involved and removes the child or children from the home. These children then become wards of the state. Parents in dependency cases are closely monitored, and given reunification plans. These plans typically include counseling, parenting classes, visitation (supervised and unsupervised), and drug testing as needed. There are regular meetings with social workers and frequent court dates regarding the status of the case. This is very different from family court where parents are often ordered to take similar classes and other provisions, but there are fewer instances of monitoring. Its places the burden on parents to ensure compliance or to enforce non-compliance.

Custody cases are often emotionally charged and the most difficult cases to handle. There rarely is one right answer, a fact that frustrates many parents. Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

Sacramento Divorce Attorney Discusses Guardianships

Lately, our office has fielded a bunch of calls from people interested in setting up guardianships for minor children either who are friends or family. One of the first questions is usually, what is a guardianship and why would a child need one?

A guardianship is established by a court order when the court appoints an adult, who is not the parent, to be responsible for a minor. This may occur if a parent is deceased, incarcerated or otherwise unable to care for a minor child. Guardianships are specific to children – where an adult is unable to care for themselves, the appropriate procedure is a conservatorship.

There are two types of guardianships: of the minor’s person, and of the minor’s estate. A guardianship of the minor’s person means the guardian has legal custody of the minor and is responsible for the minor’s well being. The guardian provides food, shelter, health care, and assumes responsibility over education and religious development, and can obtain medical treatment for the minor. A guardianship of the minor’s estate is not typical, unless the minor has substantial assets, usually from an inheritance.

Certain circumstances do not require a guardianship. These circumstances include short-term caregiving (up to 3 months), or a minor whose parents are living, or a stepparent caregiver. For situations such as these, it is useful to consider a Caregiver Authorization Affidavit, which allows the informal guardian to obtain medical care and enroll the child in school. A Guardianship Authorization form gives a nonparent caregiver a broader range of responsibility including applying for health insurance and obtaining benefits for a child.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Francisco Family Law Attorney Discusses Property Distribution

Both divorce and the death of a loved one are difficult life events for people to cope with. Both of these situations also deal with property distribution. It becomes a more complicated situation when someone dies whom you are in a divorce with because there are competing laws regarding property distribution: estate law, and community property law. Community property law states that everything that is acquired during marriage is the couple’s community property to be split in half on divorce. However, estate law allows for a person to distribute their assets in the event of their death to any person that they choose. So what happens when the decedent dies and wants to give away community property to another person? First, the ex-spouse or current spouse of the decendent has two options when someone dies. 1. The can elect to take from the will of the decedent or 2. they can elect to take their community property share. But the surviving spouse is not allowed to elect to take both. Therefore, in this event the surviving ex-spouse or current spouse should consider which distribution gives them the most assets and elect to take the more advantageous approach.

Either way death and divorce are times of difficulty and it will be hard to discuss property and distribution in the event that these things happen. However, these events are inevitabilities that need to be considered so that one can be protected when they are faced with these difficult situations.

Here at Sagaria Law, we offer a full range of family law and legal services including divorce, paternity, adoption, child custody and visitation matters, child support, spousal support, alimony, juvenile dependency, domestic violence, division of property, grandparent visitation and custody, etc. We have seven Northern California locations including San Jose, San Francisco, Redwood City, Fremont, Salinas, Roseville and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today and we can connect you with an attorney immediately or we can schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com

San Jose Divorce Lawyer discusses Chris Brown and Rihanna: When to File for a Restraining Order

By now we all know that Rihanna and her boyfriend Chris Brown were in a physical altercation last week. Perhaps the question on everyone’s mind (besides why did he do it), is should Rihanna be seeking a restraining order against him? Or did she get one from the police?

In California, there are two main types of restraining orders available to victims of domestic violence: domestic violence restraining orders, and criminal protective orders. Criminal protective orders are issued in cases where criminal charges are pressed. A domestic violence restraining order is issued by the family law courts, and requires no pending criminal charges. These domestic violence restraining orders are issued on an ex parte basis, and set for a hearing in a short period of time. At the hearing, courts can issue longer restraining orders, anywhere from 1 to 5 years.

Domestic violence protective orders are appropriate in cases where the parties are divorcing, were never married, have children together, or are related by blood or marriage to each other. The party applying for such an order must show a danger of some imminent harm. To get a long term order, Under California Family Code section 6300, restraining orders may be issued “to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, if an affidavit . . . shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.” Abuse can mean stalking, physical abuse, harassment, making telephone calls, or otherwise threatening a person’s safety.

Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas 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 to 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 Lawyer Discusses Adoption

November 15, 2008 is National Adoption Day!

National Adoption Day is a collective national effort to promote awareness of the 129,000 children in foster care waiting to find permanent, loving families, as well as those families that have been happily created through the adoption process. National Adoption Day helps make the dreams of thousands of children come true by working with courts, judges, attorneys, adoption professionals, child welfare agencies and advocates to finalize adoptions and find permanent, loving homes for children in foster care. National Adoption Day is normally celebrated the Saturday before Thanksgiving, but was moved in 2008 for one year only.

Adoption is an important and often overlooked component of the family law system. Many children are either in homes with step-parents who wish to adopt them and don’t know how, or in foster homes with loving foster parents who wish to make their bond permanent. Adoption provides a means for abandoned, neglected and abused children to become a part of loving, caring families. Whether those bonds are formed through foster care, international adoption, private or open adoption, an attorney is an essential part of the process, which can be complicated and confusing, but ultimately, successful.

There are many steps to obtaining an adoption, including a social services review and home visit, termination of natural (birth) parent(s)’s rights, medical history and filing those all important court documents. An attorney can help you every step of the way.

What are the grounds for terminating a parent’s parental rights? You may be considering adopting a child, whether it’s a step parent adoption or an adoption through foster care and the juvenile system. California law provides specific circumstances under which a natural parent’s rights may be terminated. A proceeding may be brought to have a child under the age of 18 declared free from the custody and control of either or both parents where: (1) the child has been left without provision for the child’s identification, support, or communication from the abandoning parent; and (2) with the intent to abandon the child. Token efforts to support or communicate with a child or children is not enough to prevent a court from finding abandonment. Furthermore, the California courts have found that the code should be construed liberally to best protect the health safety and welfare of a child. Adoption provides safety and security to a child who is desperately in need of those very things.

Other grounds for termination of parental rights include conviction of a felony where the circumstances or nature of that felony prove the unfitness of a parent There is no requirement that the children be present when the felony occurs or that they be in current danger, but rather the purpose is to prevent future harm. The court considers the circumstances of the felony to determine whether it is likely that future harm may result to the child if the parental rights are not terminated.

If you are interested in learning more about adoption, whether it’s a child from the juvenile dependency system, a minor child who is a relative, a step-child, or any other child who has been abandoned by a parent, the attorneys in our office can help you. Our attorneys have experience handling multiple types of adoptions, and believe in making the process as painless as possible. Adoption is intended to be a happy event, and we strive to keep it that way. In addition, we specialize in divorce, child support, alimony, child custody and visitation, etc. Sagaria Law offers a free consultation, either in person or over the phone, at any of our six Northern California locations: Sacramento, Fremont, San Jose, Monterey, Salinas, and Redwood City. Call today to schedule your free consultation 1-800-941-6730 or visit www.sagarialaw.com!

Fremont Divorce Attorney Discusses Division of Assets

Besides matters relating to children, the division of assets is often the most hotly contested issue that arises during divorce proceedings. Over the course of a marriage, a couple’s finances become intimately intertwined and separating finances can prove time consuming and frustrating. Divorcing spouses must split all of their finances, property and assets and this can be a long and arduous process that must be mediated by an outside entity such as the courts and a judge.

Each state has its own laws about how people are to divide their property. In California, we are a community property state and determining who owns what can be a very complicated process. The first step in dividing property is determining what community property is and what constitutes separate property. Separate property usually includes gifts, inheritance, and personal injury settlements, pensions acquired before marriage and a separate property or business. Sometimes separate property can become mixed with community property, which complicates an already complex situation.

The most common types of community property that become issues during divorce include family homes, pensions acquired during the course of the marriage, family businesses, and any jointly owned property that cannot be clearly identified as separate. These properties often take quite a bit of time to process and if they are not distributed equally, the court can sometimes mandate that they be sold in order to compensate for the inequity of asset distribution.

If you have a question regarding asset division please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.

San Jose Family Attorney Discusses Post-Nuptial and Pre-Marital Agreements:

A Post-Nuptial Agreement, sometimes referred to as an After Marriage Agreement, is a written document signed by parties to a marriage that sets out how they agree to have property divided, spousal support determined and attorneys fees paid in the future if the marriage ends in divorce. These agreements are usually entered into by parties not already in the divorce process, while a Marital Settlement Agreement is usually entered into by parties going through a divorce.

A Pre-Marital Agreement is entered into before marriage. Before marriage, the parties are entering into an agreement much like two business persons entering into a contract. In a Pre-Marital Agreement, both parties do not necessarily need to have an attorney. However, if both parties have an attorney, it makes it much more difficult for either party to later seek to challenge the agreement based upon a claim that they did not understand the document, or that they were forced into signing the agreement.

If you have a question regarding Post-Nuptial or Pre-Nuptial agreements please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.

San Jose Divorce Attorney Discusses Santa Clara County Court Locations

Santa Clara County opened up a north county location for family law cases in January of 2008 in Sunnyvale. This new location meant that parties living in North County would not have to travel to downtown San Jose to have their family law matters heard in court. The county also planned on having a south county location added as well, originally that was planned to open in September of 2007. Due to construction delays the south county location in Morgan Hill is now expected to open in early 2009. This new location will serve parties who reside in South County. New family law cases are required to complete a Declaration of Residence in order to determine which of the three court locations is appropriate for a new case to be heard. Existing cases have already been transferred to Sunnyvale.

Originally Judge Susan R. Bernardini of Department 73 in the San Jose courthouse was going to transfer to the new location in Morgan Hill but now it will be Judge Kevin McKenney of Department 71 in the San Jose courthouse who will be transferring in early 2009. New south county cases will automatically be assigned to Judge McKenney in Department 71 and therefore transfer with him when the court house opens. However Judge McKenney will also transfer with his current cases assigned to Department 71 regardless of where the parties reside unless the parties complete a request to transfer their cases to the North County location in Sunnyvale. This stipulation must be completed and filed by January 30, 2009 or the case will be transferred to Morgan Hill.

If you have an existing family law case and have questions about how to proceed or if you are thinking about filing for divorce or have questions regarding custody or support issues we would be happy to meet with you for a free consultation to answer any questions that you may have. Please contact us at 408-279-2288 to schedule a free consultation at the office location nearest you. Sagaria Law has offices in Salinas, Monterey, San Jose, Fremont, Sacramento and Redwood City.

Sacramento Divorce Attorney Discusses Paternity Establishment:

Establishing paternity is the process of determining the legal father of a child. When parents are married, paternity is automatically established in most cases as the husband of the mother is automatically presumed to be the child’s father. If parents are unmarried, paternity establishment is not automatic and the process should be started by both parents as soon as possible for the benefit of the child. Unmarried parents can establish paternity (legal fatherhood) by signing a voluntary "Declaration of Paternity” form. This can be done in the hospital after the child is born. A Declaration of Paternity may also be signed by parents after they leave the hospital.

Unmarried parents who sign the Declaration of Paternity form help their child(ren) gain the same rights and privileges of a child born within a marriage. Some of those rights include: financial support from both parents, access to important family medical records, access to the non-custodial parent’s medical benefits, and the emotional benefit of knowing who both parents are.

In an effort to create a legal link between unmarried fathers and their children, the California Department of Child Support Services joined other states in a partnership with licensed hospitals and clinics with birthing facilities to establish the Paternity Opportunity Program (POP). This voluntary in-hospital paternity acknowledgement program, implemented in January 1995, involves about 330 of California’s licensed hospitals and clinics with birthing facilities. The program has since been expanded to prenatal clinics, county welfare offices, local vital records offices, and courts.

If you have a question regarding paternity establishment please contact Sagaria Law at 1-800-941-6730 for a free consultation or visit us at www.sagarialaw.com. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose.

San Jose Divorce Attorney Discusses Community Debts

Debts incurred during marriage are sometimes very sensitive topics. Sometimes, one spouse is unaware of the debts that the other spouse incurred, and yet they are still made to pay for it. Therefore, it is good to know about how debts are divided on divorce.

In Tracy Achen’s article regarding credit debt on divorce, she cautions that if both of the parties applied for credit together, then each party is responsible for repaying the debt. Since creditors are not bound by a divorce decree, if the account goes into default because of non-payment, both parties are held liable for the debt. Therefore, if you think that charging up the credit card and not paying is going to stick it to the other person, you are wrong. It only makes matters worse because you will be also be charged with that debt. Your credit score will also go down based on the default and non-payment.

As long as there's an outstanding balance on a joint account, both of you are responsible for it. So keep making the payments so that your credit score won’t go down. A divorce is already financially costly, try not to make the costs worse.

If you have questions regarding your divorce and community debt issues, please contact our office for a free consultation. Our team of Family Law Attorneys can assist you with all aspects of your case. We have attorneys in San Mateo, Monterey, Fremont, Salinas, Sacramento and San Jose. Please call us at 408.279.2288 for a free consultation or visit us a www.sagarialaw.com.

San Jose Divorce Attorney Discusses Retirement Plans and Settlement

Many people who are in a divorce are faced with many issues regarding division of assets and settlements. One of those problems is the division of a retirement account. If some of the portion of your settlement consists of retirement assets, you should be aware of the tax ramifications and potential penalties involved. William Donaldson and Adam Westphalen in their article state the penalties involved when parties are subject to divorce and must divide their retirement assets.

West phalen and Donaldson advised that most of the time, distributions from a retirement plan prior to age 591/2 are considered "early distributions" and are subject to a 10% penalty tax as well as ordinary income tax. There is an exception to this rule. It is a transfer to an ex-spouse as part of a divorce settlement. A Qualified Domestic Relations Order (QDRO) is used to affect this transfer. Income taxes still apply, so any assets you receive from a "qualified plan", such as a 401(k), will be subject to a mandatory 20% tax withholding. This means that, if you are awarded a $100,000 distribution from an ex-spouse’s 401(k) you will actually receive only $80,000.

To avoid this mandatory withholding, the transfer must be made directly to another retirement account, such as your own IRA. Once the assets are in your retirement account, you are now subject to the early distribution rules. If you need some of the assets to live on, or pay bills, make sure you take them out prior to transferring them to an IRA to avoid the 10% penalty.

If you have questions regarding your divorce and retirement asset issues, please contact our office for a free consultation. Our team of Family Law Attorneys can assist you with all aspects of your case. We have Family Law Attorneys in San Mateo, Monterey, Fremont, Salinas, and San Jose. Please call Sagaria Law at 408.279.2288 for a free consultation or visit us a www.sagarialaw.com.