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Frequently Asked Questions about Family Law

Q: What is the legal definition of marriage?

A: Most states define marriage as a civil contract between a man and a woman to become husband and wife. The standard way to marry is to get a marriage license from a state-authorized official and participate in a formal civil or religious wedding ceremony. While most states will not issue marriage licenses to same-sex couples, the laws regarding same-sex marriage continue to evolve. Contact an attorney at our firm to learn more about the marriage laws in our state.

Q: What are the legal effects of marriage?

A: There are several federal and state laws that benefit married couples. Some examples include the right to file joint income tax returns, create a family limited partnership (FLP) under federal tax laws, create a marital life estate trust, receive survivor benefits, receive a share of your deceased spouse's estate under intestate succession laws, and claim the estate tax marital deduction.

More than 67% of newlyweds believe the most serious conflict in their first year of marriage is over money.

Law Offices of Peter R. Hubert

The dissolution of a marriage can be emotionally draining to all involved. If children are involved, they can face severe emotional challenges. At my practice, I help my clients deal with these issues, while protecting their rights and interests and those of their children.

As a family law and divorce lawyer, all too often I find that people going through the divorce process tend to dwell on the past - even to the point of magnifying trivial incidents into major ones.

In crafting legal solutions to issues such as child custody, child support, and spousal maintenance, I try to focus my clients' attention on the most important issues. In every family law matter, I try to develop a solution that enables my client to look to the future with hope and anticipation.

The following information is intended to provide you with a general overview of family law issues and solutions. For further information, stop by my San Jose law offices or contact me directly today.

San Jose Family Law Lawyer

Family Law - An Overview

Family law is the term applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other. When you are faced with an important life decision regarding a key family relationship, the advice and assistance of a family law attorney often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of your family law matter.

Typically, family law attorneys assist people in making and breaking family relationships. Specific areas of representation include marriage and relationship planning, divorce, paternity, child custody, and child support. Some family law attorneys also provide assistance in the area of adoption.

Child Support

There are millions of divorced parents who have sole custody of their minor children. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier for America's single parents. Because every state uses its own guidelines for establishing child support and each has various methods to set support amounts and recover support when it is overdue, it is often important to consult with a family law attorney who is familiar with the child support guidelines and child support enforcement laws in your state. If you have questions about the child support laws in your state, the rules for child support collection and enforcement that apply to your particular situation, or the process to establish paternity, contact a family law attorney at our firm to schedule a consultation.

Divorce

Deciding to pursue divorce is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce also involves financial matters that must be resolved and legal issues that must be addressed. A family law attorney at our firm can help you to understand the basic issues involved in divorce and to use a rational approach to the divorce process.

Custody and Visitation

When parents divorce, it is important to learn about the child custody and visitation options that are available and the legal standards that apply. In many cases, divorcing couples can ultimately agree on custody and visitation issues without the need for a court order. When an agreement cannot be reached, knowledgeable advice and representation from a family law attorney can often make the difference.

Marriage

Marriage is a voluntary, private contract between two adults. While it is a personal and emotional commitment, it is also a legal relationship that changes the legal status of both parties. A family law attorney at our firm can help you to understand the legal technicalities of marriage.

Family Law Resource Links

American Bar Association - Family Law Section
The ABA's Section of Family Law's Web site is designed for general use by the public. The Web site contains tables and summaries addressing differences in state laws and requirements for divorce, child support, and other important family law issues.

The Legal Information Institute - Family Law
The Legal Information Institute (LII) is known internationally as a leading provider of public legal information. The LII's Family Law section contains statutes, case law, and articles covering a variety of family law topics.

Office of Child Support Enforcement
The Office of Child Support Enforcement (OCSE) is the division of the Administration for Children and Families (ACF) responsible for administering the Child Support Enforcement Program (CSE). The CSE is a federal/state/local partnership to help families by promoting family self-sufficiency and child well-being. The CSE offers services to related to locating non-custodial parents, establishing paternity, establishing support orders, and collecting support payments. The CSE also offers services for non-custodial parents.

Child Welfare Information Gateway
Formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse (NAIC), the Child Welfare Information Gateway provides access to information and resources to help protect children and strengthen families.

Children's Rights Council
A nonprofit devoted to helping kids experience the frequent, meaningful, and continuing contact with two parents and extended family that a child would normally have during a marriage.

Free Initial Consultations

The Law Offices of Peter R. Hubert
San Jose Family Law Attorney
1641 Martin Avenue
San Jose, CA 95128
http://www.peterhubertlaw.com

Telephone: (408) 279-7525 Fax: (408) 293-2107 Cell: (408) 690-2412

The San Jose Family Law Attorney, Peter R. Hubert provides legal service throughout the Bay Area and Silicon Valley and represents clients in the counties of Contra Costa, Alameda, Santa Clara, Santa Cruz, San Mateo, San Benito, Monterey, and Stanislaus, and in the cities of San Jose, Sunnyvale, Campbell, Milpitas, Cupertino, Saratoga, Los Gatos, Palo Alto, Santa Clara, and Mountain View.