A divorce, child custody case or other family law case does not always have to be a traumatic, combative experience. Even when the issues are complex, your future is at stake and emotions are running high, San Jose Family Law Attorney Daniel Halpern protects your legal rights while avoiding unnecessary conflict and stress as much as possible.

A Parent's Advocate:
San Jose Family Law Attorney Daniel B. Halpern guides his clients through the most difficult and emotional legal problems that a parent can experience. Parental rights are important and sacred, and Daniel has the know-how and experience to defend them. He has been cited as one of the best lawyers in the Silicon Valley by San Jose Magazine since 1999.

Contact Halpern Law Offices when you need help with:

• Premarital Agreements
• Legal Separation
• Divorce
• Restraining Orders
• Defense against Restraining Orders
• Child Custody
• Child Support
• Visitation Arrangements and Modifications
• Spousal Support
• Division of Property

Attorney Daniel Halpern pays personal attention to each case.  He also works collaboratively with his legal staff, thinking through approaches and strategies together.  This gives his clients the advantage of having different perspectives and experiences applied to solving their legal problems.

"The people you want on your side when it comes to the courtroom.  Case closed."
                                                                                                                   --San Jose Magazine

Parents Need to Protect Their Rights in Custody Cases:
No area of family law brings to the courtroom the tension, anxiety and raw emotion as child custody and visitation litigation. Many factors influence an award of custody, and the way a case is presented in court can have a large impact on the result for you and your children.  San Jose Family Law Attorney Daniel Halpern provides excellent, conscientious service to parents with child custody, child support and family-related issues in San Jose and the surrounding cities and counties of California. 

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced San Jose Family Law Attorney, call Halpern Law Offices today at 866-646-0577, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. 

San Jose Family Law Attorney Daniel Halpern can help you sort out the details of your divorce and protect your legal rights so that you can get on with your life.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court. 

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death. 

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation. 

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development. 

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent. 

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation. 

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines. 

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced San Jose Family Law Attorney, call Halpern Law Offices today at 866-646-0577, or complete the contact form provided on this site to schedule your initial consultation.

Professional Profile

Attorney Daniel Halpern has been cited as one of the best lawyers in the Silicon Valley by San Jose Magazine.  San Jose Magazine annually polls Silicon Valley area judges and attorneys as to whom they would choose to represent them if they or someone in their family needed an attorney.  Daniel has been among those attorneys selected in the category of Family Law.

If you or someone you know needs the representation or legal advice of an experienced San Jose Family Law Attorney, please contact Halpern Law Offices today at 866-646-0577, or complete the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
Halpern Law Offices
111 North Market Street, Suite 1010
San Jose, CA 95113
Phone: 866-646-0577
Hours: M-F, 8:00AM-5:00PM

PRACTICE AREAS:

• Premarital Agreements
• Legal Separation
• Divorce
• Restraining Orders
• Defense against Restraining Orders
• Child Custody
• Child  Support
• Visitation Arrangements and Modifications
• Spousal Support
• Division of Property