TomStutzman.com Family Law Topics:
1. What Do I Do If My Spouse Is Hiding Assets?
During divorce proceedings, a primary object of the Court is to make sure all assets and all debts purchased or acquired during the marriage are divided equally and fairly between the two individuals. When dividing assets, the goal is for each spouse to receive a roughly equal “net” share of assets and debts, finalized by the Judge at the end of the San Jose family court proceeding.
2. How to Deal with an Ex who Witholds Child Visitation
When you can't afford child support, it puts you in more than a financial and legal bind. It can also cause problems with your ex. Often ex-spouses do not or choose not to understand that the non-custodial parent's financial situation may change. They often will deny you visitation because you are unable to pay child support. It is important to understand your rights in this matter.
3. Different Approaches to Getting a Santa Clara County Divorce
Some marriages can become like a forgotten jug of milk left out of the fridge overnight, they have gone bad, and will just get worse as time goes by. Instead of wading through a sea of recriminations and thinking about how if you had just put the milk back in the fridge everything would be fine now, you just throw away the sour milk. With bad marriages it can be much the same. When you realize that it is beyond repair then it is time for both parties to end their relationship and move on.
4. Can Social Media Communication Be Used in a Divorce?
When you are going through a divorce, it's natural to turn to friends and family for support. If you're looking for support online, however, be careful; anything you say online can be used against you in court.
5. Changing a Child Support Order
If you are having trouble paying the child support the court has ordered, there may be help out there for you. In order to change the amount you pay in child support, it is usually best discuss your options with a Family Law Attorney or Divorce Lawyer before filing a Motion with the Court.
6. Benefits Provided by a California Certified Family Law Specialist
With so much at stake in a divorce, clients seeking a San Jose divorce attorney should consider choosing a California certified family law specialist to handle their case.
7. When Can Courts Deny Child Visitation?
The power to grant and take the rights to child custody and visitation during or after a divorce rests with the Family Court system in California. The standard applied, the best interests of the minor child, is generally the same in all 50 states, with some nuances from state to state.
8. Bay Area Family Law Attorney Discusses Relocating After a Divorce
Relocating after a divorce might seem like a simple process. However, if you want to move with the children, and there is any custody and/or visitation Order in effect, then your basic right to move about freely will be limited by the Court's jurisdiction over where your children will move.
9. San Jose Family Law Attorney Discusses How Divorce Affects Retirement
There are few things that can negatively affect your retirement plans more than a divorce in a community property state like California. If you face a divorce, there are many aspects of your short-term and long-term finances that must be worked our between you and your ex, either in the courts or by settlement.
10. San Jose Family Law Attorney Discusses Community Property Laws
California is a community property state. California law generally defines community property as any asset or income (or debt) that a couple earns while married and living with their spouse.
11. Options for Enforcing a Child Support Order
In California child support orders are given high priority in comparison to other types of judgments in civil cases. Bay Area divorce attorneys at the Law Offices of Thomas Chase Stutzman are familiar with these orders and the options available to enforce them.
12. San Jose Divorce Attorney Comments on Restraining Orders
A Court will sometimes grant a restraining order to protect an individual or individuals from alleged and/or threatened harm or harassment caused by another person. In such an action, the person benefitting from the order is the protected person and the person who must comply with the order is the restrained person. The restraining order is regularly used to prevent the restrained person from having physical contact with the protected person.
13. Will I Have to Pay Spousal Support in a Divorce?
Paying alimony is not a foregone conclusion in any divorce proceeding. In fact, the American Bar Association recently estimated that alimony is awarded in only about 15 percent of all divorce cases in the U.S., however the court will utilize several factors in order to come to a conclusion on alimony that is just and equitable for both parties.
14. San Jose Family Law Attorney Comments on Child Custody Arrangements
Child custody disputes are almost always the most emotionally charged part of any divorce. You need a San Jose Family Lawyer to help you deal with your legal issues and make clear decisions regarding the best interest of your children.
15. San Jose Divorce Lawyer Advises on Delinquent Support Payments
Every child in the state of California has a right to share in the earning capacity of both parents. The parents may divorce, but in doing so they do not divorce themselves from their children.
16. San Jose Divorce Lawyers Advise on Pre and Postnuptial Agreements
In a divorce, finances are discussed and divided according to the state laws or according to any written Pre or Postnuptial agreement made between the two parties. In these cases, divorce lawyers may be called to litigate property and any other finances in the divorce proceedings.
17. Division of Property in Santa Clara County Divorce Cases
When you and your spouse pursue a divorce you should retain a good and experienced divorce attorney who will guide you through the entire process of division of property and other issues from beginning to end.
18. Useful Steps in Finding a Good Divorce Lawyer
Finding a good divorce attorney is much more than just finding someone online or in the phone book, because they need to have certain types of experiences and skills to provide you with the best results. Here are some useful things to look for if you need a good San Jose divorce lawyer.
19. Keep Your Records
Keeping the actual documents that show how much money you have and/or where the money came from and went to can be critical in a Divorce Case - it is often the difference between keeping it all for yourself or being forced to split it up 50/50.
20. Understanding Basic California Child and Spousal Support
Issues of child and spousal support frequently arise in California divorce proceedings.Whether or not the court will award an Order of Child or Spousal Support is determined by a variety of factors.
21. Child and Spousal Support
Divorce can never be easy on a man or woman, but it is even harder for children to deal with. Many people have children, and child support arrangements must be made based on the father's and mother's income. Child custody and any spousal support are also determined during the divorce proceedings.
22. How to Choose a Divorce Lawyer
Like the gloves that Orenthal James Simpson tried on, but couldn't get to fit, or the glass slipper that just fit Cinderella (but none of her stepsisters), it is good to know yourself well enough to know what you need, and more pointedly, what fits. This principle applies to many things in life, including your selection of a good divorce attorney.
23. Child and Custody Visitation Rights
Child custody and visitation cases in San Jose, California can be very trying for both parents, as well as the children who are involved. Child custody can be broken down into two basic parts: child custody and child visitation. The custody orders are also in two parts: legal and physical custody. There are a variety of considerations the court will examine, when determining visitation rights in California child custody cases.
If you have ever told your children that you did not want to hear who was at fault every time they got into a fight, but that you wanted them to behave and play fair, then you would understand a large portion of how Family Law works in California.
25. Domestic Violence
Your divorce attorney can only help you with the issues that he/she actually knows about. That is why you should tell your attorney what has been going on that led up to your decision to file for a divorce. Some things might not matter as much as you think, like the name of your spouse's new mistress/boy toy, but other things could be relevant to all kinds of legal issues in your case.
26. Presumtions Matter
There are a lot of presumptions in the law, and litigating the property in your divorce can be like a game of Rock, Paper, Scissors. Scissors do not cut Rock and Paper will not smother Scissors. You need to apply the right presumptions in your divorce if you want to get a fair result. Raising the proper presumptions is why you should get the help of a good divorce attorney.
27. Age 14
The California Legislature has made edits to the Family Code that might actually answer a child custody question California divorce attorney's get asked repeatedly: will the Court hear that my son/daughter/children want to be with me and not the other parent?
28. Whose Fault is It?
One of the most common topics for discussion is why you and your soon to be ex are splitting. Like the irresistible urge you felt long ago to worry a loose tooth when losing your baby teeth, the urge to explain that it is your ex, and not you, who really caused the divorce, is common.
29. Child Custody and Termination of Parental Rights
In a recent case, the court of appeal held that a trial court properly terminated a father's parental rights so that his children could be adopted by their stepfather. When sufficient evidence is established, under Family Code Section 7822, the father had left his children for one year with the intent to abandon them during that time.
30. Advance Planning Can Reduce Your Costs
Potential divorce litigants can sometimes realize that they will benefit from talking to a good divorce attorney before filing a Petition for Dissolution or Legal Separation. Advance planning is regularly beneficial to numerous endeavors, and divorce is no exception.
31. Excessive Tactics That Did Not Work In A Child Custody Case
Loving parents faced with a dispute over child custody have occasionally used tactics that the Courts did not favor. While it is impossible to describe all the things that should be avoided when seeking to secure time with your child(ren), a few examples of what not to do may be helpful. A good divorce attorney will counsel their clients that they should focus every argument and tactic on the best interest of the child(ren).
32. Three Common Mistakes Made By Loving Parents
Probably the most contentious aspect of Family Law and Divorce is when the parties just do not agree on how to split up their children. You cannot replace a day with your son or daughter with a check. There is no yardstick, scale, or accounting chart to quantify or qualify the value of time with someone you love. Unfortunately, these immeasurable issues often lead to absolute positions taken by the parties.
33. San Jose Divorce Lawyer Advises Clients to Get it in Writing
In two recent California Family Law cases, that old cliché that "you better get it in writing" (perhaps one of the most repeated pieces of legal advice ever tendered) were borne out, yet again.