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.

July 2013 Archives

How do I Get My Spouse to Disclose their Income in a Sacramento Divorce?

An always sticky issue in any Sacramento divorce case is disclosure of income of both spouses.  Often times one or both spouses feel the other spouse is not disclosing all of their income in order to affect the child support or spousal support calculations.

Completion of the Preliminary Declaration of Disclosure in Sacramento

In every Sacramento divorce case, the parties must complete and serve a Preliminary Declaration of Disclosure (or PDD).  The Sacramento court will not set a case for trial or enter the parties’ settlement agreement unless they have each served the PDD on each other and each party has filed a copy of the proof of service with the court.

What is the Difference Between Legal Separation and Divorce in Sacramento?

Parties to a Sacramento divorce often misunderstand the difference between legal separation and divorce.  In Sacramento divorce cases, a judgment of legal separation is different that a judgment of divorce.  A judgment of legal separation divides up property, results in custody orders and support orders, but otherwise leaves the parties in the formal status of still being married.  This means that even though everything is divided up, the parties are still legally married and cannot re-marry.  A judgment of divorce is different from a judgment of legal separation because a judgment of divorce actually restores the status of both spouses to single persons.  They can legally remarry.

How Long Will it Take my Sacramento Divorce to become Final?

This is not an easy question to answer because everyone’s case is different.  The general rule is that parties cannot obtain a judgment of divorce until at least 6 months plus 1 day have passed from the start of the legal process.  In practice, many divorce cases take longer than 6 months to resolve.  There are child custody and visitation issues to resolve.  There are disagreements over child support and spousal support to handle.  And the marital debts and assets have be categorized, valued and disclosed so that they can ultimately be divided.  In particularly contested cases, disagreements over these areas of law can result in over a year of litigation.

Domestic Violence Impact Upon Spousal Support in Placer County

Unfortunately within Placer county family law cases, there are instances of one spouse or partner committing domestic violence against the other spouse/partner.  Domestic violence is broadly defined under California law.  It can include harassing, stalking, physical abuse, smashing objects in anger, blocking movements, among other things.

Discovering an Underemployed Spouse’s True Income Potential - Vocational Evaluations In Sacramento

A big part of calculation of child support and spousal support in Sacramento is the matter of each spouse’s income.  In many Sacramento divorces, one or both spouses may be unemployed or underemployed.  If one spouse is unemployed or underemployed, the other spouse may be stuck with a higher child support or spousal support payment than they should be.  This is extremely frustrating to the paying spouse given that both parents have an obligation to work to the best of their ability to support their children and to improve their own financial station in life.

Child Support in Sacramento, Part 2

A question every parent wants to know is how child support is actually calculated in Sacramento child custody cases.  The answer to this question is both simple and complex.  In almost all Sacramento child support cases, child support is calculated by inputting the gross monthly income (before tax withholding) into the support calculator.  All sources of income must be considered, such as wages, tips, salaries, social security benefits, disability, self-employment income, interest income, investment/dividend income, etc.  Also, California law broadly defines “income.”  In some cases, income can include regular recurring gifts received from family members or friends or regular expenses others are paying on your behalf.

Child Support in Sacramento, Part 1

A common part of any Sacramento divorce and custody process is figuring out the child support issue and calculation who owes child support.  Child support is commonly misunderstood by both parties to a Sacramento child support case and it is a source of conflict between divorcing or separating couples.  Thus it is important for both the parent paying child support and the parent receiving child support to understand the important legal reasons behind child support.

Placer County Father’s Rights Attorneys

As Father’s Rights Attorneys, we find that many men come into our office assuming the Placer County child custody courts are biased against them and show favoritism to women.  They assume that the Placer County child custody mediators will favor their ex-wife or ex-girlfriend and will assume the children must spend most of their time with their mother.

How do I Prepare a Preliminary Declaration of Disclosure in Sacramento County?

A mandatory part of completing any Sacramento divorce is preparing the Preliminary Declaration of Disclosure (PDD).  Every court will require these documents be properly prepared and served upon the other party to the Sacramento divorce case.  Also, each parent must complete a one-page proof of service form and file it with the Sacramento County family court.  If either parent fails to complete their PDD, or file and serve their one-page proof of service, they have failed in their fiduciary disclosure obligations to each other and the court will not enter a judgment of divorce or set the case for trial.  If in the unlikely event the court does mistakenly enter a judgment, a party can later file a motion to set aside the judgment on the basis of failing to disclose all assets, debts, income, and expenses.  

Sacramento Substance Abuse Evaluations, Part 2

Sacramento substance abuse evaluations can be very complicated and frustrating in a Sacramento Family Law case.  The report is one expert witness’ description of his observations about the parent’s use of alcohol.  Many parties feel that the counselor takes a “guilty before proven innocent” approach.  In our experience, this impression is often correct because the substance abuse counselor and the court have an obligation to uphold the best interest of the children.  Also, there are a significant number of alcohol abuse cases present in the court system.

Sacramento Substance Abuse Evaluations, Part 1

In some conflicted Sacramento Custody cases, parties will raise issues concerning the other parent’s misuse/abuse of alcohol.  If the Sacramento Family Court Services mediators and the court are concerned, they may order a substance abuse evaluation with a licensed substance abuse counselor.  The Sacramento Family Court must consider the habitual illegal use of controlled substances and habitual use of alcohol in determining which custody arrangement would be in the best interest of the child.

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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
2280 E. Bidwell Street, Suite 204
Folsom, CA 95630

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

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