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Posts Tagged ‘divorce’

Hoover Krepelka, LLP Ranked Among Top Three Divorce Law Firms in San Jose

Posted on: May 21st, 2018 by Hoover Krepelka No Comments

We are proud to announce that Three Best Rated ranked Hoover Krepelka, LLP as one of the top three divorce law firms in San Jose. Three Best Rated is an organization that uses a 50-point inspection for ranking the top three restaurants, professionals, health care providers and other businesses in cities across the US. The organization checks a business’s reputation, reviews and other multiple other factors before designating it among the top three for a specific area.

Founded in 1960 by Robert L. Hoover, our law firm has decades of experience providing compassionate and dedicated legal assistance for our clients. Partners James Hoover and Travis Krepelka have carried on this tradition by providing residents in the Bay Area and surrounding counties with legal assistance on various family law matters. Both partners are Certified Family Law Specialists, a prestigious distinction that is bestowed by the California State Bar. Only 10 percent of practicing family law attorneys in California have obtained this honor. Our family law attorneys are also ranked by Expertise as among the best child support lawyers in San Jose.

Questions About California Family Law Issues? Contact Our Bay Area Family Law Attorneys

Our attorneys can help with divorce, separation, support modifications, domestic violence restraining orders, prenuptial agreements, property division and other family law issues. We provide assistance to clients in the San Francisco Bay Area and Silicon Valley, as well as Santa Clara, Alameda, San Mateo and Santa Cruz counties.

If you have a family law issue that you want to discuss with one of our attorneys, you can call (408) 389-7099 or use our online case review form to schedule a free one-hour consultation.

Could Social Media Posts Hurt My Divorce?

Posted on: May 7th, 2018 by Hoover Krepelka No Comments

Social media mistakes can lead to embarrassing consequences for your social or professional life. At worst, you could lose friends or your job. However, you could also make mistakes on social media during your divorce. Depending on the nature of the mistake, you could seriously harm the outcome of your divorce case. Common social media mistakes during divorce include:

  1. Harassing or bashing your ex-spouse. You should never use social media to bash your ex-spouse, even if you are using the maximum privacy settings. Your ex-spouse may have mutual friends who can see the posts. Depending on the post, you may even face legal consequences.
  2. Revealing too much information about your finances. Certain posts may increase the financial costs of your divorce. Posting photographs of new purchases or information about a raise could effect alimony or child support payments.
  3. Making irresponsible posts. Do you frequently check in at clubs or bars on Facebook or other apps? Certain posts could be used to establish a narrative that you are irresponsible. These posts may negatively affect a child custody hearing.
  4. Allowing friends to share your activity. Many social media sites allow you to tag or share posts about your friends. There are cases where these features could harm your divorce case. For instance, being frequently tagged at bars if you are in the middle of a child custody dispute.
  5. Sharing too much information in general. You could face legal consequences if your posts contain information that is at odds with what you have said in court or conveyed on legal documents. A good rule of thumb is to assume that anything you post can be seen by the judge.

There are other social media mistakes we did not list. If you are going through a divorce, it is imperative to practice extra caution on social media. Always listen to your attorney’s recommendations on how to handle social media during your divorce.

Questions About Divorce in California? Contact Our San Jose Family Law Attorneys

Hoover♦Krepelka, LLP is a San Jose-based family law firm. If you have questions about family law issues in California, call our law office for a free one-hour consultation. You can reach our San Jose family law attorneys by calling (408) 389-7099 or by filling out our case review form.

3 Resources You Can Use to Serve Divorce Papers to a Missing Spouse

Posted on: January 30th, 2018 by Hoover Krepelka

Photo of a judge signing papers.3 Resources You Can Use to Serve Divorce Papers to a Missing Spouse

You’ve filled out the paperwork and are ready to serve your spouse their divorce papers. In most cases, the papers can be delivered personally or sent through the mail. Easy, right? However, to your absolute shock, your spouse suddenly disappears. Now, you’re left wondering how in the world you’re going to serve those divorce papers without your partner’s latest contact information. Fortunately, there are several resources in place that assist individuals in serving their spouses. Check out the list below to find out which of these options fit your needs.

Service of Process: If you can’t serve divorce papers to your spouse via delivery in person or through the mail, it is possible to ask another individual to serve the paperwork for you. The individual must be an adult and can be a friend, paid process server, or a county sheriff. Your spouse can attempt to refuse the papers by not answering their door, but the process server can hand the paperwork over when they leave for work or even go to your spouse’s place of employment to deliver the paperwork.

Substitute Service: If the process server attempts three times to deliver the divorce paperwork at your spouse’s home or place of employment and your spouse is not there, the process server can leave the documents with an adult that lives in the spouse’s house or an adult in charge of his place of employment. In this case of substitute service, the process server must inform the alternative party that they are delivering important legal documents for the spouse. Afterwards, the process server will be responsible for filling out a Declaration of Due Diligence form listing the attempts made to serve your spouse. They must also fill out a Proof of Service form and provide a physical description of the person whom they gave the paperwork to.

Service of Publication: As a last resort and after you have exhausted the resources above, you can choose to move on and attempt to serve your spouse’s paperwork through service of publication. For this service, individuals must publish their summons and complaint in a newspaper that is distributed in the region your spouse may reside in. However, before you can use this service you must present your evidence to the court that you attempted to serve your spouse before reaching this last resort. If the court is convinced you did everything possible to contact your spouse, they will allow you to proceed with this service.

Divorce can be stressful and having a missing spouse may seem like you’ll never be able to proceed with your new life. However, there are resources out there to help you divorce your spouse, including attorneys with years of experience in divorce proceedings. If you’re not sure which resource to use to serve your missing spouse, reach out to us at Hoover ♦ Krepelka, LLC for a free consultation. We’ll do our best to get your case moving forward.

Is There a Difference in Divorce Procedures for Same-Sex Couples in California?

Posted on: January 15th, 2018 by Hoover Krepelka

We can explain California divorce laws.Is There a Difference in Divorce Procedures for Same-Sex Couples in California?

For same-sex couples seeking to end their partnership, there may be some confusion as to whether a same-sex divorce follows the same steps as a different sex divorce. Fortunately, divorce proceedings are the same for same and different sex partnerships. In the case of divorce, the court does not care who you chose to marry and focuses more on how to help both parties separate in a peaceful manner. Furthermore, California is a no-fault state, which means that there is no guilty party to blame in the divorce. As such, couples can divorce due to irreconcilable differences and do not need to provide any more reasons to the court to explain their decision.

If you are in a same-sex partnership and wish to divorce, the court will want to consider any:

  • Custody and visitation
  • Child support
  • Partner support
  • Division of property
  • Responsibility of debts

It will take at least 6 months for same-sex partners to divorce one another. Divorce proceedings can take longer dependent on how quickly both parties reach a compromise regarding custody or division of property. However, while divorce can take longer, it cannot occur before 6 months after starting the case.

California Residency Requirement for Different Sex and Same-Sex Marriages

For married couples to get divorced, same sex or otherwise, couples must meet California’s residency requirements. Either you or your partner must have lived in:

  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.

If you do not meet the residency requirement, you can still file for a legal separation. There is a residency exception, according to the California Courts Judicial Branch of California, regarding residency requirements for same-sex couples. Same-sex married couples who got married in California but live in a state that will not dissolve a same-sex marriage, can file for divorce in California, regardless of these residency requirements. Couples are still required to file in whichever county they were married. Note that as of the 2015 Supreme Court decision legalizing same-sex marriage, there are no longer any states that will not dissolve a same-sex marriage.

If you’re not sure whether you can divorce your same-sex partner or need assistance in reaching a compromise regarding custody, child support, or division of property, reach out to the family law attorneys at Hoover ♦ Krepelka, LLP. We’ve been assisting couples for decades answering any questions regarding divorce for all types of partnerships.

What Can Divorce Lawyers Do to Help Domestic Violence Victims?

Posted on: October 24th, 2017 by Hoover Krepelka

We can explain family law matters in California.

What Can Divorce Lawyers Do to Help Domestic Violence Victims?

Recently, People magazine featured a story on celebrity Audrina Patridge who joined the ranks of many other domestic violence victims who have been forced to file for divorce from their abuser. In the case of Patridge, she claims that she has had to deal with multiple instances of violent outbursts and emotional abuse from her husband of 10 months, Corey Bohan.

One instance Patridge described in the article involved Corey following around their home, being aggressive and cursing at her repeatedly because she would not reveal who had told her that he was allegedly cheating on her with another woman. As this was all going on, she had the couple’s 1-year-old daughter in her arms. When she attempted to leave with the little girl, Corey reportedly locked the door and pushed her back into the room. At that point, Audrina pleaded with Corey to let her take their daughter to stay with relatives, so that she did not have to be around while they had this argument. She alleges Corey grabbed her purse and backpack and threw them on the floor, punched himself in the head and then punched a hole in the wall. After that, he let her pass, but then raced down the stairs in front of her and threatened to do harm to himself if they left. Audrina called her father to come over after that. Before her dad arrived Corey left.

According to the article in People, Audrina feared for the safety of her daughter and herself if she filed for divorce without first getting a restraining order against Corey, which she was able to do in mid-September.

Why Should Domestic Violence Victims Talk to a Divorce Lawyer?

Domestic violence victims need to get away from their abusers as soon as possible. Speaking to a divorce lawyer about their situation can help accelerate the process of getting abused spouses and their children to safety. Divorce attorneys are experienced in dealing with these types of situations, and have often helped many others file restraining orders and file for divorce from abusive spouses.

The experienced divorce attorneys at Hoover Krepelka, LLP have been ensuring that domestic violence victims are protected and get the help they need to separate from abusive spouses for decades, including assisting with filing temporary and permanent restraining orders as well as helping them file for divorce.

Fiduciary Duty of Spouses in a Dissolution of Marriage in California

Posted on: September 5th, 2017 by Hoover Krepelka

Fiduciary Duty of Spouses in a Dissolution of Marriage in California

Traditionally associated with relationships between business partners, a fiduciary duty is the highest duty of fair dealing and good faith. It’s important to know that a fiduciary relationship also exists between spouses under California law. A fiduciary relationship between two people is created when they enter into a marriage. These duties apply to each spouse equally. The duty continues throughout the marriage until the marriage is dissolved and all property is distributed. This means the duty can last in situations where the division of property is not completed before the dissolution of the marriage.

What Does the Fiduciary Relationship Require?

The fiduciary duty between spouses is more than just a general requirement to deal fairly and to prevent one party from taking unfair advantage of the other. California law also requires wide ranging disclosure regarding marital assets. These laws include:

  • Access to any property or financial records related to marital property
  • Prevent a spouse for selling any household items before dissolution of the marriage
  • Inform the spouse of any interest or thing of value accrued from marital property
  • Keep all records related to marital property clear and legible

What Happens if the Fiduciary Duty is Breached?

Any breach of these duties can lead to serious consequences from a court of law. This is the case whether the breach was intentional or inadvertent. Failure to disclose information required by the court can lead to monetary sanctions in the amount of 50% – 100% of the value of the asset that wasn’t disclosed or handled appropriately. A spouse can be liable for attorney’s fees and court costs on top of these steep sanctions. In the most extreme cases, a failure to disclose a marital asset can lead to a divorce decree to be set aside to allow for redistribution of the community property.

Is it Worthwhile Discussing This With a California Divorce Attorney?

Yes. The rules regarding fiduciary duties between spouses during separation and divorce in California are complicated. If you have questions Hoover Krepelka, LLP is ready to help.

Why do I Need a Divorce Attorney?

Posted on: August 1st, 2017 by Hoover Krepelka

Why do I Need a Divorce Attorney?

In our experience representing clients through one of the most difficult times in their lives, we’ve come to realize the importance of a good divorce attorney during the end of any marriage. Whether you’re a business owner looking to protect your assets, a stay-at-home parent who hasn’t worked or provided financially for the family in a decade, or a parent who simply wants the best for your children, hiring a divorce attorney only benefits you as you navigate this particularly difficult time.

Hiring an Attorney is Optional

It’s certainly not required you hire a divorce attorney to represent you during this difficult time in your life, but it’s helpful. Couples in mutual agreement to divorce often consider their amicable split cause for forgoing an attorney, but many fail to realize how beneficial an attorney is during this process.

It’s our job to be here to help you understand legal terms and the legal facets of your divorce. Our knowledge helps guide you through this journey with ease, and we can help minimize a bit of the stress you face as your life changes completely. If your spouse is looking to drag out the divorce by contesting everything, you cannot agree on child custody, or you’re fighting over the division of assets and debts, our office can help.

Your Attorney is on Your Side

It’s our job as your divorce attorney to help you make sense of the most senseless situations. Sometimes our clients face anger and rejection during pivotal moments in their divorce, and beneficial decisions become more difficult. Hiring our firm to represent you allows us to remind you what’s at stake, make suggestions, and fight for what you want during this time.

You don’t have to stand alone in the time you feel most alone. We appreciate when our clients are amicable enough to sort things out on their own, but we still want to make sure your agreement is beneficial to you and not one that benefits the other party more.

California divorce laws are strict, and there is no telling what might occur during your divorce process. Even if you think you can do this yourself, you don’t need to do this yourself. The team of knowledgeable divorce attorneys at Hoover Krepelka is here to protect you from making poor decisions, from giving up on what you want, and from being taken advantage of. The law is fickle, and our team is here to fight the battle so you can heal.

Will I receive spousal support?

Posted on: April 5th, 2017 by Hoover Krepelka

Will I receive spousal support?

The purpose of spousal support is to maintain a standard of living that is near that which was established during the marriage. Temporary orders are often put in place during the separation and divorce process, while ongoing orders would accompany the final divorce decree.

Many people believe California law creates an absolute right to spousal support. However, far from being an entitlement or simple calculation, spousal support is based on a set of 14 factors with the court having wide discretion over their interpretation of these factors. These factors include:

  • The extent to which each of the parties themselves is capable of contributing to the established standard of living.
  • The extent to which the lesser earning spouse supported the higher earner while they were establishing themselves and their earning capacities.
  • The supporting spouse’s ability to pay, as determined by the current situation, not past or future earnings or potential earnings.
  • The needs of each of the parties with respect to the established standard of living.
  • The parties assets and debts, including those that are not mingled within the marriage.
  • How long the marriage lasted. Generally speaking, the longer a spouse may have been out of the workforce the more likely the need for spousal support.  
  • Impact on dependent children for the supported to attain worthwhile employment.  
  • Age and health of each of the parties. This factor may also come into play as to the duration of the support order.
  • History of domestic violence between the parties.
  • Tax implications.
  • The balance of hardships between the parties, their needs and obligations, and the impact of the support order itself.
  • The goal that the supporting spouse will become self-sufficient within a reasonable amount of time.
  • The criminal conviction of an abusive spouse.
  • Any other factor the court determines to be relevant.

In addition to the above factors, it should be noted that it is a stated goal of California that each of the parties makes a good faith effort to become self-sufficient.

If you would like to learn more about your individual situation, or to schedule a free consultation contact the offices of Hoover Krepelka Family Law Attorneys at (408) 389-7099 to speak to one of our skilled professionals today.

Travis Krepelka Talk – Divorce: Who Gets The House?

Posted on: March 28th, 2017 by Hoover Krepelka

Travis Krepelka Talk – Divorce: Who Gets The House?

Watch as Travis Krepelka of Hoover ♦ Krepelka, LLP speaks on divorce, and one of the most common questions, “Who gets the house?”

Am I Entitled to Spousal Support?

Posted on: February 28th, 2017 by Hoover Krepelka

Am I Entitled to Spousal Support?

Spousal support, the term used nowadays for what was once called alimony, is fairly simple as a concept. The idea is that if you get divorced, and you do not have the skills or abilities to take care of yourself and live at the same standard you were accustomed to, your spouse must make regular payments to help if they can afford to do so.

If you’re getting divorced in California, you may be wondering if you’re entitled to this kind of support. The answer is that it depends on the court. (more…)

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