Articles Posted in Santa Clara County Family Law Issues

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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

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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.

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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:

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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.

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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.

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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.

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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.

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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.

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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.

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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.