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Modesto Legal BLog

Overview of spousal support in California

Like other states, California has laws that allow a spouse to ask for spousal or partner support, also often referred to as alimony, during a divorce. Alimony usually involves the court ordering one spouse to make some sort of regular payment to the other spouse for the other spouse's financial support.

Under California law, alimony is also available following the annulment of a marriage and after a permanent legal separation. Those who have obtained a domestic violence restraining order may also obtain alimony.

The validity of your marriage may affect your immigration plans

Many people in California have unique ways of defining their relationships. For some, it is important to have a formal ceremony to officially united them. Others may reject the idea of needing a piece of paper to confirm their relationship. Still, others may push the boundaries of conventional marriage in other ways.

However, for those wishing to enter the United States through the immigration system, especially by obtaining a green card through marriage, having a validly recognized marriage is essential. If you are seeking lawful permanent residence through marriage to a U.S. citizen or green card holder, you will want to be certain your union is legal to avoid any complications during the process.

Proving a Social Security case requires medical evidence

Many people in Modesto and the greater Bay Area may unexpectedly find themselves unable to work because of an illness or an injury. When this happens, it will be very important for these Californians to find other sources of income and support. One source of support is Social Security Disability benefits.

Our law office helps California residents in our area file for Social Security Disability benefits when they are eligible to do so.

Grounds for deportation due to criminal acts

One of the most common reasons immigrants get deported is because they are convicted of a crime. A criminal conviction can lead to the deportation even of someone who holds a green card and thus has permission to stay in the United States indefinitely.

Fortunately, not every criminal conviction can lead to deportation proceedings. For instance, most misdemeanor convictions will not cause deportation.

The warning signs that someone is hiding assets

The process of divorce or legal separation is designed to be as fair to both sides as possible. In California, this means that each person should receive one half of their community property, that is, property acquired during the marriage. However, the rules only work so long as both spouses are fair, which means that they are honest and open about what they own and owe.

Sadly, whether out of fear of financial insecurity or because of anger, many people choose instead to try to hide some of their assets that they would otherwise need to share with their spouses. A spouse who is not aware of the family finances or is not familiar with the legal and financial system is particularly prone to falling victim to these tricks. The best thing Modesto residents can do to protect themselves is to familiarize themselves with the family's property, debts and income. Even well before a divorce or separation, they should also be closely involved in all significant financial decisions.

Suing the government requires special legal handling

As this blog has discussed on previous occasions, residents of Modesto who suffer an injury because of someone else's negligence have the right to recover compensation. Victims will usually apply compensation from a personal injury lawsuit to their medical bills, lost wages and the like.

Sometimes, however, a Californian is injured on public property or is injured due to the negligence of a public employee. In such cases, residents can still sue for negligence and recover compensation from the government. However, special rules apply.

How will divorce impact your real estate?

Your divorce will change your life in many ways. It's a stressful, emotionally complex process, and the choices you make during this time will impact your life for years to come. It is in your interests to think clearly about things and to keep your focus on what will be best long-term. This will keep you from making emotional or irrational decisions that will not be good for your future. 

One of the most important concerns you may have is what will happen to your family home. You may not want to move, but can you afford to keep the house? Can you maintain the house and pay for upkeep expenses on your income alone? These are important questions that can help you determine the best way forward during your divorce.

Parental relocation and family law

California parents who want to travel out of state or, especially, move to another state or country will need to first look over their child custody and parenting time orders.

A parent contemplating a move or even travel to another jurisdiction, especially a foreign country, should speak to an attorney with experience handling family law matters.

California sees an increase in drunk driving deaths

According to recent statistics, the number of drunk driving accidents in California has increased despite stepped up law enforcement efforts and many public awareness campaigns. The study determined that in 2000, 987 people died at the hands of drunk drivers on California's roads. By 2017, the number had increased to 1,120.

Overall, the fatality rate rose about 13.5% in California, making it the fourth largest increase across the country. Perhaps more disturbingly, California was only one of six states to see an increase in fatality rates over the last two decades. Across the country, the fatality rate, on average, decreased 18%.

Helping accident victims through the legal system

The aftermath of a serious car accident can be devastating for just about anyone. In addition to recovering from significant or even debilitating physical injuries, a victim may also have to try to figure out how to support herself financially, as she may no longer be able to work. Moreover, an accident also takes an emotional toll both on the victim and his family. To add to these issues, California's legal system can be hard to understand, particularly for those who are immigrants to this country and thus may not be as familiar with the way the law works.

Making matters worse, getting compensation after a car accident will likely mean dealing with insurance companies. Doing so can prove to be difficult, especially if the company is unwilling to pay for all of the expenses and losses to which the victim is entitled. It can be easy to get lost in the large bureaucracy of an insurance company that, ultimately, has the one goal of turning a profit.

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John Nguyen, Attorney at Law
1315 Tenth Street
Suite 200
Modesto, CA 95354

Phone: 209-409-3094
Fax: 209-622-0663
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2701 East Hammer Lane
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Stockton, CA 95210

Phone: 209-409-3094
Fax: 209-622-0663
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1816 Tully Rd #280
San Jose, CA 95122

Phone: 209-409-3094
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