California Family Law Blog

San Jose Divorce Attorney Discusses Internet Postings and Custody Battles

It is understandable that people going through a divorce will want to vent their frustrations about their soon to be ex spouse to friends and family. However, in the electronic age it may also be too easy to voice that frustration to the world through the Internet. It is important to remember that anything you say that is disparaging about your ex can come back to hurt you in court, especially in a custody battle.

Tricia Walsh Smith has garnered national attention after she uploaded a video on YouTube where she aired the dirty laundry of her husband in the middle of their divorce proceedings. An Internet search will also find blogs where people are venting their frustrations about their separated spouses. Some of these Internet postings have led to civil suits alleging defamation by the spouse who is being written about. You can also guarantee that these types of postings will be brought into the family court as evidence in the event of a custody dispute.

In California the Court will consider which parent is more likely to facilitate contact with the non-custodial parent when deciding which parent should have primary custody. If one parent is more likely to disparage the other parent or try to alienate the child from the other parent that person could lose custody of the child. Therefore these public Internet postings could be used as evidence that the person public attacking the other parent would not facilitate a close relationship between the child and the other parent. That may in fact not be true, because the poster may never say the things that are posted in front of the child but the evidence could be very damaging because if it comes down to credibility the poster will have seriously damaged their credibility in the eyes of a Judge.

Our team of experienced family law attorneys are very knowledgeable about custody and visitation disputes and would be happy to speak with you for a free consultation in this area or in any other family law matter. We have offices in Monterey, San Jose, and Fremont where we would be happy to meet with you at your convenience.

Woman who are separated, divorced, or facing divorce can now turn to a online resource which provides practical tips, advice, and a support network all for free. The Modern Woman’s Guide to Divorce, is a site created by Helene Taylor, a former family law attorney based in the Bay Area. Check out the www.themodernwomansdivorceguide.com Having represented several women going through acrimonious divorces, and also having gone through the process herself, Taylor’s aim in creating the website was to empower woman going through divorce. The website differs from other divorce websites which already exist in that it is neither a general legal resource, nor network of strangers. Instead, it has state specific resources and links, as well as, articles and tips that show women how to tackle problems which are common to every divorce such as support, custody, division of community property, regardless of where the divorce is filed. The website also has an interactive toolbox filled with worksheets and checklists designed to help woman accomplish difficult tasks such as preparing for divorce, interviewing lawyers, appearing in court, settling their cases and enforcing judgments. Furthermore, the website offers a Member’s Forum that allows women to connect directly with other women in similar situations to gain knowledge through personal experience. Although the website is not a replacement for a family law attorney, it is a good starting place and designed to help women navigate both practical and emotional aspects of divorce.

Whether you are just starting the divorce process or still experiencing legal problems though your divorce has been finalized, Sagaria Law has a team of family law attorneys who can assist you. We represent clients from Santa Clara County, Alameda County, Monterey County, San Mateo County, and surrounding areas. Contact our office today to schedule your free consultation to speak with one of our attorneys.

Previously when filing for divorce in Santa Clara County the only residency requirements that were relevant to a divorce were those involving jurisdiction. A party must have been a resident of California for six months and a resident of Santa Clara County for three months before filing a petition for divorce. If neither spouse had met that requirement the only option was to file for a legal separation which could then be amended to a divorce after the residency requirements were met. However effective November 1, 2007, there is a new jurisdictional issue in Santa Clara County Family Law Division of the Superior Court which now requires that upon filing for divorce, or initiating a paternity action, that a Declaration of Residence form be completed.

The Declaration of Residence form divides Santa Clara County into three separate locations and the Petitioner must state in which location they live. Central County covers San Jose, Milpitas, Los Gatos, and Campbell. North County covers Sunnyvale, Saratoga, Cupertino, Los Altos, Palo Alto, Alviso, Santa Clara, and Mountain View. South County covers Morgan Hill, Gilroy, San Martin, and Coyote. This form is now required because currently there is only one Family Law courthouse which is located in San Jose, but they will be opening additional branches in Sunnyvale and San Martin. Eventually this form will be used to send Central County cases to the current division in San Jose; the North County cases will be heard in Sunnyvale; and the South County cases will be heard in San Martin.

One of the questions that people often ask is whether or not there is a benefit to file for a divorce first and with this new system the answer is definitely yes. If you have separated from your spouse and live in different areas of the county you may not want the inconvenience of travelling from Gilroy to Sunnyvale for court hearings. Therefore it would be beneficial to file for divorce first to have a location closer to home. Our team of San Jose divorce attorneys are very experienced in addressing all of the issues that come up during a divorce, such as community property division, spousal and child support, and custody and visitation. We also have offices in Fremont and Monterey for any issues that arise during a divorce in Alameda County or Monterey County.