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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.

September 2013 Archives

Can I Make My Spouse Disclose their Income in our Sacramento Divorce?

In Sacramento divorces cases a contentious issue is getting each party to disclose their income.  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.  Sometimes one spouse is simply vindictive and believes the other spouse is not entitled to information about their income.

Completion of the Preliminary Declaration of Disclosure In Placer County

In every Placer County divorce case, the parties must complete and serve a Preliminary Declaration of Disclosure (or PDD).  The Placer County family court will not set a case for trial or enter any written settlement agreement unless each party to the Placer County divorce case has served their PDD on each other and each party has filed a copy of the proof of service with the court.

What is a Bifurcation of the Status of Marriage in Placer County?

In particularly contested or complex Placer County divorce cases, parties sometimes become very frustrated at the slow nature of the case resolution.  In these cases, months and even years may have passed and due to the impasse between the parties, the end seems to be far in the distance.  Often times in these situations, one or both of the parties want the issue of the dissolution of the status of marriage to be severed from the rest of the case and quickly resolved.  This is referred to as a bifurcation of the status of marriage.

Requesting a Sacramento County Family Law Trial

In a typical Sacramento County family law case, the parties will reach a settlement of all of the issues of the divorce, custody dispute, support dispute, or property dispute.  In Sacramento County, family law cases rarely go to trial for various reasons including expense, emotional exhaustion of the parties, or commitment on the part of the litigants to settle the case out of court.

Should You Pursue Child Support in Sacramento?

Some parents are concerned about rocking the boat in their divorce or custody case and do not file for Sacramento child support. It is important for these parents to consider the financial impact of requesting Sacramento child support.  These orders ensure that the children financial day-to-day needs.  It also helps ensure that both parents are contributing to their children care and that one parent is not unfairly shouldering the responsibility without receiving appropriate financial help from the non-custodial parent. The state has a vested interest in ensuring that proper child support is paid so that the children do not end up costing money through the California public assistance programs. Thus you can be sure that the Sacramento courts and other law enforcement agencies vigorously seek the collection of child support.

Father’s Rights and Child Custody in Sacramento

Fathers who want custody of the children, but fear that the Sacramento child custody court will be biased against them and in favor of the child’s mother should take heart.  The attitudes toward single fatherhood are shifting.  According to a recent study by the Pew Research Center, the number of single father households has skyrocketed.  (See the linked article below).  It stands to reason that the Sacramento court system and Sacramento court mediators are understanding of fathers who are single and who desire to provide strong parenting for their child.

What is a Marital Settlement Agreement?

In Sacramento family law cases, the divorce case is traditionally completed after the parties set the case for trial on the issues or participate in drafting and signing a martial settlement agreement (or MSA).

What is Hearsay in a Placer County Family Law Matter?

In Placer County family law cases, sometimes the matter of hearsay is raised by the judge or opposing attorney.  Perhaps you have been told by an attorney that evidence you wish to offer is inadmissible because it is hearsay.  This issue is complicated and can be very frustrating to parties who wish to simply prove their case in court and move on with their lives.

Avoiding Court Action in Sacramento Custody Cases Through Written Stipulations

In Sacramento child custody cases, sometimes the parties want to have the certainty of a written court order, but they wish to avoid the expense, frustration, and vitriol that often times accompanies litigation.  In cases like these, we recommend the parties work with attorneys in an amicable setting to draft up a custody stipulation.

What is a 3110/3111 Custody Evaluation?

In particularly contested or complex Sacramento child custody actions, standard family court services custody mediation may be insufficient to resolve the contested issues.  In these special circumstances, the court can order a 3110/3111 custody evaluation.  In Sacramento county family law cases, a 3110/3111 custody evaluation will cost anywhere from $1,500 to $3,000 and possibly even more.  The cost comes from having to pay the private mediator handling the evaluation.  The court typically requires the requesting party to advance the cost, subject to the court’s right to later reallocate the cost reimbursement.  The court may or may not do this.

Placer County Father’s Rights Attorneys

A current hot button issue among men is successfully advocating for their child custody rights.  As we are Father’s Rights Attorneys, we find that many men come into our office assuming the Placer county child custody system is slanted against them and slanted toward the children’s mother.  These men also assume that when they appear before the Placer county mediators and the courts that their concerns will be ignored.

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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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