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

November 2013 Archives

Using a Vocational Evaluation in Sacramento to Discover Your Spouse/Former Partner’s True Income Potential

Determining each spouse or partner’s gross monthly income earnings from all sources is a significant factor in calculating child support and spousal support in Sacramento.  Unfortunately, in the uncertain economic times, not every spouse or partner is fully employed to the best of their ability.  Some are unemployed, and some are under-employed.  If one party is unemployed or underemployed, the other party could be ordered to pay a higher child support or spousal support payment than they otherwise would if both parties were fully employed.  Predictably, the higher earning party will find this situation frustrating and unfair and wonder what can be done to force the unemployed/underemployed spouse to work according to their abilities.

Bank account subpoena in Sacramento family law case?

Both parties to a Sacramento family law case have duties to disclose their financial records when there are financial issues involved (e.g. divorce, paternity and child support action, spousal support modification, etc).  One form of financial discovery in Sacramento family law cases is subpoenaing a party’s bank records.  The purpose of a subpoena is to order a third party, such as a financial institution, to surrender copies of records from a specified date range.  Unless there is an objection, the financial institution must tender copies of the requested records within a certain timeframe.  The subpoenaing party will typically do this when there is a lack of trust over the financial records already disclosed and/or when there have been no financial records disclosed. 

Obtaining Attorney Fees in Sacramento Family Law Cases

A hotly contested issue in Sacramento family law cases is the pursuit and award of attorney fees.  No party enjoys being involved in contested family law cases, and sometimes they feel it is appropriate for the other party to pay for their attorney fees for dragging them through court.  Other times, one party feels that they have much less income and ability to pay for their legal costs and they need attorney fees to continue paying for their representation.  Regardless of the reason, parties often request need based attorney fees from the Sacramento family court.

What is an Income and Expense Declaration in Placer County?

Parties to a Placer County divorce will more likely than not have to prepare and file an income and expense declaration and many times they will have to do it more than once.  An income and expense declaration in Placer County contains a full disclosure of each party’s gross monthly income from all sources including wages, salaries, tips, overtime pay, bonus pay, commissions, social security, pensions, unemployment, self employment income and the like.  It also contains full disclosure of all expenses, a summary of available assets, and the members who live in the party’s household. Finally it is supposed to contain copies of income verification for each income source listed on the income and expense declaration.

What is an Marital Settlement Agreement in Sacramento County

Completing a divorce in Sacramento County can be a long and tasking process.  Getting through all of the negative emotions and legal issues can be painful, costly, and time consuming.  However, once the Sacramento divorce case has reached the proper point and the parties have exchanged their preliminary declarations of disclosure and filed their proofs of service of the same with the Sacramento Family court, the case can proceed to settlement or trial.

What is Family Law in Sacramento County?

Sacramento County Family Law is a broad term that refers to a variety of laws that affect the legal status and interactions of families.  Sacramento family law usually includes laws addressing divorce, child custody, child support, spousal support, property division, debt division, tax issues, changing the wife’s name back to her unmarried name, and a few other issues.  Family law also includes parentage actions (when the parents are unmarried and have children of their relationship), adoption cases, and child welfare and dependency actions involving Child Protective Services.  Family law can also, unfortunately, include domestic violence issues.

Should I do a Deposition of my Spouse in Sacramento Divorce?

In some particularly contested Sacramento divorce cases, it is sometimes necessary to engage in intrusive evidentiary discovery methods.  One such method is utilizing a deposition of the other party.  A deposition is called by noticing the other party within legal guidelines and arranging and paying for a court reporter to be present.  On the date of the deposition, the spouse is sworn in and then asked questions under oath just as if they were in a courtroom in front of a judge.  This process can be very intimidating for the party being deposed, but it is very effective for obtaining testimony in advance of trial.

I Just Moved to Placer County â€" How do I Qualify for Divorce in Placer County?

We live in a very mobile society, and the job market is increasingly likely to force parties to relocate.  Thus in divorce cases, it can be hard to decide on the state jurisdiction to use in seeking a divorce.  If you just moved to Placer County, and you need to pursue a divorce, you should consider a few things.  First, it could be less advantageous to file your Placer county divorce in California.  If you were previously a resident of a different state, you should consult with an attorney in that state as well as with an attorney in Placer County California in order to compare the advantages and disadvantages of each jurisdiction’s laws on your particular case.

What is the Difference Between Legal Separation and Divorce in Placer County?

Parties to a Placer County divorce often confuse a judgment of legal separation and a judgment of divorce.  In Placer County divorce cases, a judgment of legal separation is different that a judgment of divorce.  A judgment of legal separation allows the court to divide property, debts, set custody orders and support orders, but otherwise leaves the parties’ formal marital status intact.  This means that even though everything is divided up, the parties are still legally married and cannot re-marry without violating criminal law.  A judgment of divorce is different from a judgment of legal separation because a judgment of divorce actually severs the marital status and restores the status of both spouses to single persons.  Thus they can legally remarry after the judgment of divorce is done.

Medical Marijuana and Custody in Sacramento County

Medical marijuana is a popular and growing subject in the law, and also in family law cases.  Parties to Sacramento child custody cases worry about the impact of their medical marijuana use on their case.  Because the issue is unsettled in the law, no one is certain of the impact it will have on your case.  However, it is our experience that usage of medical marijuana is likely still very risky.  While we are not criminal law attorneys, it is our understanding that medical marijuana is legal in California provided all state laws are followed.  Yet, we also understand that marijuana possession is still illegal under federal law.  This means that the Drug Enforcement Agency can still enforce federal laws outlawing growth, possession and distribution of marijuana. 

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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


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