${site.data.firmName}${SEMFirmNameAlt}
  • Best Of the Best 2014 - By the Readers of The Placer Herald
  • Best Of the Best 2015 - By the Readers of The Placer Herald
  • Placer Herald | Best Of the Best 2016 - Rocklin
  • By the readers of the Placer Herald | 2017 Best Of the Best

FAMILY LAW ATTORNEYS

ROCKLIN: 916-780-0848 FOLSOM: 916-365-4941
Free ½ Hour Consultations

Main Navigation

Focused on reducing the emotional and financial toll to your family.

Offering divorce and family law options to fit
your needs, and focused on reducing the emotional
and financial toll to your family.

May 2013 Archives

One Day Divorce In Sacramento, Part 2

To continue in the Sacramento One Day Divorce program, the parties must each prepare their Preliminary Declaration of Disclosure and list every asset and debt they acquired during marriage.  All assets and debts, whether they are community property or separate property have to be listed.  All income and income producing opportunities (i.e. business and investment opportunities) must be listed.  This is an important part of the Sacramento divorce process and each party has a legal responsibility under penalty of perjury to list all assets and debts.  It is already a major temptation for angry spouses to avoid disclosing every asset and debt in their PDD.  If an asset or debt goes undisclosed (intentionally or accidentally) in the Sacramento One Day Divorce program, it could allow a future Sacramento judge to throw out the entire property division portion of the judgment!  It could also allow the spouse who did not receive full disclosure to sue for their share of the omitted asset(s) and reopen major portions of the Sacramento divorce case.

One Day Divorce in Sacramento County Part 1

Can a couple really be divorced in one day?  In Sacramento County, there is a new wave sweeping the Sacramento divorce law community known as the "One Day Divorce" program.  (See the following link for more information  http://www.kcra.com/news/local-news/news-sacramento/One-Day-Divorce-Program-helps-divorcees-Sacramento-court/-/12969376/19515182/-/item/1/-/12jnny1z/-/index.html.)  This program was conceived by Superior Court judge and it is intended to speed up the sometimes long and frustrating divorce process.  Also, the Sacramento divorce courts are clogged with many cases where parties are unrepresented.  The linked article estimates that 72% of parties are unrepresented in their Sacramento divorce case.  Due to the state budget cuts, the court judges and staff are overworked and lacking court budget resources to help expedite the divorce process.

Divorce and Debt Division in Sacramento

A critical part of almost any Sacramento divorce case is determining how to divide up responsibility for repayment of the debts incurred during the marriage.  Under California’s community property laws, debts incurred during the marriage and before separation are presumed to be debts owed by the community, not just the individual who contracted them.  (This presumption can be overcome, but it is a good rule of thumb that the debts incurred during marriage belong to both parties.)

How is Family Law Different from Civil Law?

Family Law is a broad term that describes a variety of laws that affect the legal status and interactions of families.  Family Law covers marital divorce and legal separation, child custody and visitation rights, child support, temporary spousal support, long-term spousal support, and community property valuation and division.  Family law also includes parentage cases involving unmarried parents, and parties who cohabitated and have a contract regarding the same (see Marvin v. Marvin).  Another area of family law involves private and agency adoptions, and child dependency actions (usually involving Child Protective Services).  Family law cases can also include domestic violence claims spouses and partners have against each other.

Can I Refuse a Family Court Commissioner or Family Law Judge?

In some Placer County family law cases, parties feel as though the assigned family law judge or family law commissioner is not listening to their side or is actively biased against them.  Placer county judges and court commissioners are supposed to be fair and neutral to all parties and to apply the law equitably.

After Mediation Will the Sacramento Family Court Judge Sign the Recommendation?

In Sacramento child custody cases, the parties are automatically referred to child custody mediation with Family Court Services to address the custody issues.  At the parties’ request, mediation can be handled by a private mediator (a trained private marriage and family therapist) at the parties’ cost.

Why Is Divorce Mediation Underused?

Obtaining a divorce in Sacramento County can be financially and emotionally expensive for both parties.  It seems you cannot meet anyone these days that has not heard of someone experiencing a bitter and nasty divorce.  In a bitter divorce, there are usually many court hearings and trials over nearly every issue, angry emotions, upset children, and seriously depleted assets.  In contested divorce cases, everyone loses.

Medical Marijuana and Custody in Placer County

A prominent question in Placer County custody cases is the impact of medical marijuana use by one or both parties. The short answer is " no one is certain of the impact, but it is still very risky. Medical Marijuana is legal in California provided all state laws are followed.  Marijuana is still illegal under federal law and the Drug Enforcement Agency can still enforce federal laws outlawing growth, possession and distribution of marijuana.

Child Support Arrears and Collections in Sacramento

One of the more painful issues in Sacramento Family Law is the payment of child support and the financial consequences for failure to pay child support.  California child support law clearly states that both parents have a duty to support their child to the best of their financial abilities.  In setting child support payment responsibility, the court uses a guideline computer calculator that considers both parents’ gross monthly income from all sources, a few expenses such as health insurance costs, union dues and unreimbursed work expenses, and the visitation timeshare each parent has with the children.

Do Placer Family Courts Use Case Law From Around The Country?

If you are currently undergoing a Placer county divorce, you may be wondering if the Placer County courts use case law from around the country in making decisions.  In general, Placer County judges use and apply California law.  The primary authority for Placer County judges is the California Family Code.  The family code details how the court should rule in divorce, child custody, support, and property division cases.

Are The Parties Kept Separate In A Custody Mediation?

In Sacramento child custody cases, the parties are automatically referred to child custody mediation to address their custody concerns and requests.  Sacramento County Family Court Services is generally responsible for handling the parties’ custody mediation.  In other circumstances, if the parties request it, mediation will be handled by a private mediator (private marriage and family therapist) at the parties’ cost.

Child Support Calculation in Placer County

In Placer County child support cases, people commonly ask if overtime will be counted as a part of the total salary in the child support calculator (DissoMaster or X-Spouse)?  The simple answer is: Yes, it will be counted.  When Placer County courts are calculating child support, they are required to consider income from each and every source.  Income is broadly defined and includes gross wages, salaries, tips, social security benefits, unemployment, self-employed income, etc.  It can also include unusual sources such as regular gifts from a person, disability payments, payments received in the form of living expenses paid, royalties etc.

How to Prove a Parent is Poorly Parenting their Child in Placer County Court

In some Placer County divorce and child custody cases (this concept also applies to other counties throughout the greater Sacramento region), parents firmly believe their ex-spouse or ex-partner is a bad parent and is either passively neglecting their child or actively making bad decisions to the child’s detriment.  Unfortunately, in Placer County family law cases, it is difficult to prove the other parent is a poor parent merely by the complaining parent’s unproven allegations.  Placer County family law judges and mediators are naturally skeptical of unproven claims and there is a risk they will marginalize such claims in the court order due to lack of proof.

Contra Costa County | Bar Association The State Bar of California Placer County Bar Association Collaborative practice california IACP
Miller & Associates, Attorneys LLP

Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787

Miller & Associates, Attorneys LLP
850 Iron Point Road, Suite 113A
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787


Follow Us On

Facebook Twitter
Yelp

Our Office Directions

Rocklin Law Office Map Folsom Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.