Vidal Family Law Lawyer, California

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Amiel Wade
About | Practice Areas
Wade Law Group
84 W Santa Clara St Ste 750 San Jose, CA 95113Â» view map
Divorce & Family
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888-909-9430
1. Amiel Wade San Jose, CA
  Attorney at Law - CA, 1986
  Rutgers-Camden, J.D. 1996
2. AboutWade Law Group
  Litigation and Business Law Specialists
3. Practice AreasExpertise
  Divorce & Family
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2. Email
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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

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800-923-0641

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LEGAL TERMS

HEAD OF HOUSEHOLD

A person who supports and maintains, in one household, one or more people who are closely related to him by blood, marriage or adoption. Under federal income ta... (more...)

A person who supports and maintains, in one household, one or more people who are closely related to him by blood, marriage or adoption. Under federal income tax law, you are eligible for favorable tax treatment as the head of household only if you are unmarried and you manage a household which is the principal residence (for more than half of the year) of dependent children or other dependent relatives. Under bankruptcy homestead and exemption laws, the terms householder and 'head of household' mean the same thing. Examples include a single woman supporting her disabled sister and her own children or a bachelor supporting his parents. Many states consider a single person supporting only himself to be a head of household as well.

BRIEF

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'

SEPARATION

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.

ARREARAGES

Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged i... (more...)

Overdue alimony or child support payments. In recent years, state laws have made it difficult to impossible to get rid of arrearages; they can't be discharged in bankruptcy, and courts usually will not retroactively cancel them. A spouse or parent who falls on tough times and is unable to make payments should request a temporary modification of the payments before the arrearages build up.

ADULTERY

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are ra... (more...)

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the 'cheating' spouse.

FOREIGN DIVORCE

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.

PETITION (IMMIGRATION)

A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, su... (more...)

A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, such as a family member or employer. After the petition is approved, the immigrant may submit the actual visa or green card application.

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

LEGAL RISK PLACEMENT

A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the bir... (more...)

A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the birthmother has legally given up her rights to raise the child. If she then decides not to relinquish her rights, the adopting parents must give the child back. This is a risk for the adopting parents, who may lose a child to whom they've become attached.

SAMPLE LEGAL CASES

In re Marriage cases

... Herma Hill Kay and Michael S. Wald for Professors of Family Law Scott Altman, R. Richard Banks, Grace Ganz Blumberg, Janet Bowermaster, Carol S. Bruch, Jan C. Costello, Barbara J. Cox, Jay Folberg, Deborah L. Forman, Joan H. Hollinger, Lisa Ikemoto, Courtney G. Joslin ...

Strauss v. Horton

... Courtney G. Joslin and Michael S. Wald for Professors of Family Law Scott Altmann, R. Richard Banks, Sarah Rigdon Bensinger, Grace Ganz Blumberg, 380 Janet Bowermaster, Carol S. Bruch, Patricia A. Cain, Jan C. Costello, Barbara J. Cox, Jay Folberg, Deborah L. Forman ...

In re CC

... & Inst. Code, Â§ 361) [1] denying her visitation and conjoint therapy with her 12-year-old son, CC Since this appeal was filed, the juvenile court has restored monthly monitored visitation through a family law "exit order" and terminated its jurisdiction. ...

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Vidal Family Law Lawyer, California

Sponsored Law Firm

Wade Law Group

SPONSORED LAWYERS

James Allen Rankin

Robert Lincoln Hultzen

Janet Murphy Heim

Felicia K. Woods-Yates

Barbara Lee Beard

Henry C Hopkins

TIPS

LEGAL TERMS

HEAD OF HOUSEHOLD

BRIEF

SEPARATION

ARREARAGES

ADULTERY

FOREIGN DIVORCE

PETITION (IMMIGRATION)

SEPARATE PROPERTY

LEGAL RISK PLACEMENT

SAMPLE LEGAL CASES

In re Marriage cases

Strauss v. Horton

In re CC

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