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When Should I File for Divorce in California?

In a past article, I discussed that the process a party chooses to pursue a divorce or legal separation whether in San Jose, Sunnyvale, Cupertino, Campbell, or any other Bay Area city, severely impacts the outcome of their case. Once a party has decided on the process, the next decision might be when he or she should file for divorce. A divorce is initiated when a party files a Petition for Dissolution of Marriage and has it properly served on the other party.

When a petition for dissolution of marriage is filed and served, there are several legal outcomes of which to be aware when making decisions. First, once the petition is filed and served, certain protections are afforded to each party in the form of restraints. These are known as “Automatic Temporary Restraining Orders,” or “ATROS.” These restraints apply in California divorce cases. Specifically, both parties are legally restrained from:

1. Removing the minor child or children from the state without prior written consent of the other party. Clients should take note that Las Vegas is in Nevada as some parts of Lake Tahoe.
2. Cashing, borrowing against, canceling or changing the beneficiaries of any life, health, automobile, and disability insurance.
3. Transferring, encumbering, concealing or disposing any property, whether community or separation, without the written consent of the other party or an order of the court, except in the usual course of business or for necessities of life (i.e. food, shelter, and other daily needs).
4. Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the transfer of property without the written consent of the other party.

Unless a divorce petition is filed, there are no restraints. If a party is concerned that his […]

By |February 12th, 2015|Categories: Articles, Blog|Comments Off on When Should I File for Divorce in California?

Collaborative Divorce San Jose

Collaborative divorce or collaborative practice is one option to resolving your divorce. It is similar to mediation because it is considered an alternative dispute resolution (ADR) option. ADR options are non-adversarial options available to resolve disputes outside of court. This also applies to family law or divorce. If you are searching for a collaborative divorce in San Jose Ca, we can help. First, you should understand the benefits and cons of collaborative divorce san jose when selecting the best divorce process for you. We believe mediation it a superior approach to divorce over collaborative in most circumstances.

collaborative divorce san joseIn collaborative divorce, each spouse retains a collaborative divorce attorney, and a joint mental health professional and forensic accountant. The couple then works with this team of professionals to resolve their divorce, all who have agreed not to use the court process. This is one of the chief benefits of collaborative divorce, as well as having a concentrated group of professionals for support. However, there are potentially more shortcomings to collaborative divorce when compared to divorce mediation. Collaborative divorce runs the risk of stalemate, because there is no external force to overcome obstacles and the team may not be united on every point. If the couple cannot resolve their dispute or at any time someone breaks rank and uses the court system, both husband and wife must fire all their collaborative law professionals and start over with new divorce attorneys. This can be a very costly process. The couple has to hire four collaborative professionals, and can risk losing it all! It is not surprising that a collaborative divorce, while can be less expensive than an adversarial divorce, is […]

By |December 9th, 2014|Categories: Articles, Blog, San Jose|Tags: |Comments Off on Collaborative Divorce San Jose

How to receive temporary spousal support?

Sally is struggling in her marriage of eight years, and feels abandoned by her husband, Darrell. She’s been left alone to raise the couple’s three children, who are all under the age of seven. Although Darrell has been a wonderful financial provider, he has failed Sally and their children in providing them emotional support.

Sally is exhausted and contemplating divorce. She married right out of high school, and the only job she held was as a waiter in her senior year of high school.  Darrell had just graduated from the university and took a job in finance. In the last eight years, he did very well and climbed the corporate ladder. The couple agreed that Sally would stay home and raise their children.  Sally is very afraid. With no work experience and three young children, how will she support herself?

DivorceSally shares that everything she and Darrell have was earned during the marriage.  She assumes she should be okay financially after the divorce. She also heard that she would be entitled to permanent spousal and child support, but her real concern is how will she support herself before the divorce is completed. Can she receive some of Darrell’s income during the divorce process? If not, she is afraid she would have to stay in the same home as Darrell during the divorce. Once Darrell finds out about the divorce, she believes he will be outraged. He would make it even harder for them to live together, and if she moved out, he might prevent her from accessing any funds, including his on-going salary.

Sally’s situation is similar to many others starting the divorce process. You can find out more at […]

By |June 24th, 2014|Categories: Articles, Blog|Comments Off on How to receive temporary spousal support?

When Should I file for Divorce

SCV-CAMFT March 2014, When Should I File for Divorce?

By |March 11th, 2014|Categories: Articles|Comments Off on When Should I file for Divorce