Miller & Associates, Attorneys LLP
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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.

June 2013 Archives

Setting Aside Sacramento Family Law Orders

In practice, Sacramento Family Law courts are supposed to make accurate and reasonably timely orders so that the parties can receive just results and receive finality to their case.  Unfortunately, our judicial system is not perfect and courts do make mistakes.  Sometimes the mistakes are made by the judge, or the clerk, or the attorneys, or the parties themselves.

I Just Moved to Sacramento County " How do I Qualify for Divorce in Sacramento?

In an increasingly mobile society, it can be hard to decide in which jurisdiction to pursue a divorce.  If you just moved to Sacramento, and you need to pursue a divorce, you should consider a few things. First, it may not be to your advantage to file for divorce in California. 

What is the Advantage of Seeking a Judgment of Legal Separation versus a Judgment of Divorce in Sacramento?

Sometimes parties to a divorce in Sacramento wish to know if it makes sense to obtain a judgment of legal separation instead of obtaining a judgment of divorce.  Assuming that the parties are unable to reconcile and save their marriage, we have found there are a few reasons to choose a judgment of legal separation. 

Proving My Spouse’s Income in Sacramento Court

A major issue that arises in many Sacramento child support cases and Sacramento spousal support cases is determining each party’s true income.  In some cases, one spouse appears to have artificially low income and the other spouse knows this income is misleading based upon their recollection of the earning history during marriage.  This can happen in a couple of ways. 

Sacramento Agreements Not to Collect Child Support

In cases where the parties are trying to resolve Sacramento Divorce and Sacramento Child Custody issues, a related issue is how to handle child support.  Child support is a legal right owed to the child to allow them to share in the standard of living of both parents.  Thus, both parents have a legal obligation to support their child and to work to the best of their financial ability to support their child. 

Will the Placer County Family Court Order Me to Work?

The short answer to this question is almost certainly yes.  One of the life-change aspects of a divorce or relationship break-up is figuring out child custody and child support responsibilities. Often times one spouse was largely responsible for the income earning and the other spouse took more day-to-day responsibility for the children.  It is important to realize that California law calculates child support based upon current day-to-day responsibility (parenting time) for the children and each parent’s income.  Thus, the parent that is paying support will want the recipient parent to boost their income to full-time earning potential.  This income boost should help lower child support obligations for the paying parent.

What is the Preliminary Declaration of Disclosure and How does a Party Complete It?

As we have discussed in prior blog posts regarding the Sacramento One Day Divorce program, a major requirement of the Sacramento divorce process is the completion of the Preliminary Declaration of Disclosure.  Under California law, both parties are required to complete a preliminary declaration of disclosure and a final declaration of disclosure. Once each spouse completes this document, they must serve their spouse with the whole document and file a 1 page proof of service with the court.

A Comparison of Sacramento "One Day Divorce" Program to Divorce Mediation with a Licensed Attorney

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  This program is intended to help parties obtain faster service from the court and expedite the process of decongesting the overworked and underfunded court system from cases that should be settled.

Contra Costa County | Bar Association The State Bar of California Placer County Bar Association Collaborative practice california IACP Certified Family Law Mediator
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
2280 E. Bidwell Street, Suite 204
Folsom, CA 95630

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

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