- DivorceThere are no longer Family Law courthouses in either Morgan Hill or Sunnyvale, now all cases in Santa Clara County, including Campbell, Cupertino, Gilroy, Los Altos, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, are heard at the FJCC. Some of the common areas of family law cases include, adoption, annulment, child custody and visitation, child custody modification, child support, contested divorce, domestic partnership, emancipation of minors, family court orders of protection, grandparent child custody and visitation, guardianship law, paternity, property settlement, restraining orders, spousal support, and termination of parental rights.
- Child SupportSimilarly, child support orders are frequently modified based on a number of changes that can occur throughout a case. For example, if either party receives an increase or decrease in income, that is a change in circumstance justifying a modification of the support orders. If the parties change their visitation schedule, thereby altering the timeshare percentage, then that also qualifies as a change of circumstances. If a party becomes disabled or retires, again, that would amount to a change of circumstance sufficient to meet the threshold requirement of proving a change of circumstance exists so as to allow the Court to modify the existing support orders.
- Child Custody and VisitationGrandparents have the capacity to request visitation with their grandchildren through a court. They can ask for visitation if there is already custody litigation pending, such as when the parents are divorcing. Moreover, they can ask for visitation when there is no other family law matter pending. As with child custody, the court will look at the best interests of the child. Visitation can only be ordered if there is a preexisting bond between a child and a grandparent, such that visitation is in the child’s best interests, and the court will balance the child’s interest in visitation against the parents’ right to exercise their parental authority. Consult an Experienced Family Lawyer in the San Jose Area
- AdoptionIf your stepchild’s other parent will not give their consent to the adoption, and you still wish to go through with the stepparent adoption, you can take steps to petition a court to terminate the rights of that parent.
- PaternityEstablishing paternity is the legal process that identifies a man as a child’s father. If a child’s parents were not married when their child was born, paternity must be established through the courts.
- Premarital AgreementEven though you are working on your agreement as a couple, it is important that each of you have your own family law attorney who will represent you and your interests while protecting your rights. You will also want to make sure that your agreement with your fiancé or spouse is drafted correctly in the event that you do get divorced or become legally separated. Premarital and postnuptial agreements are legal contracts that are enforceable by law and can prove challenging to contest later. Terms of a Prenuptial Agreement
- Guardianship
- Spousal SupportSpousal support is also known as alimony in California. The court may order one spouse to pay another spouse alimony when they are divorcing or separating. The spousal support is meant to make sure that the divorce does not unfairly reduce the economic condition of the spouse earning less money. The judge may issue a temporary spousal support order while the divorce terms are being determined. The length of the marriage may determine the length of the court's jurisdiction to award spousal support. Domestic Violence
- Legal SeparationAs you prepare for your divorce or legal separation, Mello & Pickering, LLP will work with you to ensure that the division of your community property is fair and equitable. We will help you assess the value of your different properties, businesses, and other assets. We will advise you on whether to sell your home or agree to a buyout with your spouse, as well as work out a plan to divide your debts between the two of you. It is important that both you and your husband or wife each have your own legal representation who will look out for your separate interests.
- AnnulmentAn annulment (also called "nullity of domestic partnership" or "nullity of marriage") is when a court decides that your marriage is null and void (meaning it can never be legally recognized as a marriage in the state of California, such as a marriage involving a spouse who is already legally married at the time of the union) or “voidable” (declared void by court decree).
- Child AbuseUpon receipt of the parties' FCS Intake Form for mediation, FCS shall schedule the first available mediation appointment and both parties shall attend the mediation. Mediation is an opportunity for the parties to work with a neutral third party in an attempt to create a custody schedule that both parties will agree to. Attorneys do not attend mediation. If the date assigned by FCS is not acceptable, either party may request one rescheduled date for mediation. If a party does not notify FCS of a request to reschedule at least 48 hours before the mediation appointment, that party will be assessed a fee to FCS. There are no fees for FCS mediation, provided that there is a pending custody or visitation motion before the Court. The parties may stipulate to private mediation for custody and visitation disputes, at their own expense. The judge will determine whether the parties must also participate in mediation with FCS. Mediation proceedings shall be private and confidential, and the mediator’s notes shall be confidential, unless the parties and the mediator agree otherwise. Absent agreement, the mediator will not be called to testify or to make recommendations to the Court. However, the mediator shall report any allegations of child abuse to the proper authorities. (
- Sex CrimesDomestic violence can seriously harm families, and it may have consequences during a divorce, as our San Jose family lawyers can explain. Domestic violence includes intentionally trying to cause bodily injuries or sexual assault, threatening others with the possibility of immediate bodily harm, and other conduct, such as stalking or harassment. Domestic Violence is abuse perpetrated among spouses, ex-spouses, people who live together, people who formerly lived together, blood relatives, relatives by marriage, co-parents or people who have kids together, and people who are dating or engaged. California courts take domestic violence into account when making determinations about child custody and visitation. Restraining Orders
- MisdemeanorsIf you are a woman or a man who has been wrongfully accused of committing domestic violence, these accusations can have serious ramifications on your life, career, your right to visit or have custody of your children, and the amount of child support (if any) you may be required to pay. California law nearly always requires that a police officer arrest any person accused of domestic violence—whether or not the charges are warranted. A misdemeanor or a felony conviction for domestic violence can result in prison time and a record for life.
- Assault
- Restraining OrderDomestic Violence is a serious problem for both men and women. In 2005, more than 45,000 people were arrested in California for domestic violence, while 155 domestic victims were murdered that year. There are Several Kinds of Domestic Violence Restraining Orders (DVRO) in California
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