San Jose Divorce Lawyer Blog

Within just a few days of being sworn in to office, the newly-elected sheriff of San Francisco found himself in the midst of a political firestorm after being arrested and charged with domestic violence. Both the sheriff and his wife, the alleged victim, have denied that any abuse occurred, and it is now up to city and court officials to determine how to proceed.

According to local media reports, the domestic violence charges against Sheriff Ross Mirkarimi stem from an incident on New Year's Eve in which Mirkarimi allegedly violently grabbed and bruised his wife's upper arm. After the wife told a neighbor of the assault, the neighbor reported the incident to police and turned over a video of the bruises that had resulted.

As Facebook and other social networking websites continue to grow in popularity, many users are finding that the sites are affecting their lives in ways they never imagined. For example, imagine if you were in a child custody hearing and the opposing attorney suddenly pulled out a photo from your Facebook, or began reading off your recent status updates or messages. That would be quite a shock, to say the least.

But according to family law attorneys in San Jose and throughout the country, the use of Facebook in family court proceedings is becoming somewhat of a norm. Unlike criminal or other civil cases in which judges are fairly strict about what they will allow in discovery, family court judges have thus far been pretty lax about allowing Facebook photos and posts as evidence in family court cases. In fact, some family law firms are even creating new departments for the sole purpose of controlling their clients' social media accounts.

Although babies lack the ability to walk, talk or really comprehend anything that is happening around them, divorcing parents may not realize that their split is affecting their baby in a lasting way. But according to Armin Brott, an author with several published books about fatherhood and parenting, babies pick up on more than we think they do. And when we are suffering the negative effects of a divorce, such as anger or depression, they are likely feeling those emotions right along with us.

While infants may not be affected by the actual events of the separation or divorce, they are very easily affected by the behavior that goes along with a split. For example, if either of the baby's parents is depressed during or following the divorce, the baby may also start exhibiting signs of depression, such as sluggish behavior, a decreased appetite, difficulty sleeping, and a general lack of interest in playing or in the people around him.

A federal agency is hoping to call attention to the most egregious child support offenders in the country with the creation of a new 'most wanted' list. The list, which is featured on a website hosted by the U.S. Department of Health and Human Services Office of Inspector General, features the name, photo, and other identifying information about parents who have fled their home state or otherwise evaded prosecution for a long-term failure to make court-ordered child support payments.

The website reportedly aims to encourage people who know or have seen the child support offenders to report them to the appropriate state or federal agency for criminal prosecution. While they are on the website, visitors can send an online fugitive tip form, or get information on how to submit an anonymous tip the agency's 24-hour hotline, which is available in both English and Spanish.

If you have decided to separate from your spouse, you may be overwhelmed at the options and decisions that are before you. Should you go through the traditional divorce process, or attempt a form of alternative dispute resolution? Should you hire a family law attorney? Should you seek full custody of your children? What should you do about the house, the car, the debt?

Certainly, some of these are difficult decisions with no clear 'right' answer. But others can be resolved with just a little information. Deciding whether to use mediation to resolve your divorce, for example, is usually done through an examination of the method and determining whether it will be right for you and your family.

Supermodel and reality television host Heidi Klum and her husband, singer Seal, have announced that they have separated after seven years of marriage. Unlike other Hollywood marriages in which a divorce seems inevitable, it seems that almost no one saw this split coming.

Klum and Seal were married in 2005. They have since had three children together, and are also raising Klum's daughter from a previous relationship. In their seven years of marriage, the couple seemed to have a rock-solid relationship. They renewed their marriage vows every year on their anniversary, threw lavish parties together and talked about one another with respect and love.

Recently, a California Court of Appeals ruled that parents have no duty to proactively disclose any changes in their income or financial situation after a final order has been entered in their divorce or other family law case. The case means that parents who wish to compel their child's other parent to inform them of any financial changes must file a child support modification petition against them.

The ruling stemmed from a child support order that was entered in California in 2005, which instructed the father of three children to pay $8,500 per month for the support of his children, reducing to $4,000 when there was only one minor child remaining. In 2007, the mother filed a petition for enforcement and modification of the order, seeking an increase in child support.

A family court judge recently ruled that the parents of a teenage boy may not reveal to the boy that his biological father is not the man he has believed to be his father all his life, but another man with whom his mother had an affair several years ago. The most recent ruling is just one of many differing conclusions that various courts have reached in the many paternity, custody and fathers rights suits filed by the parents throughout the boy's life.

According to court documents, the boy was conceived when his married mother began an affair with a married man about 20 years ago. During the affair, the boy was conceived and born. About two years after his birth, the extramarital relationship ended.