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Amiel Wade
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Wade Law Group
84 W Santa Clara St Ste 750 San Jose, CA 95113Â» view map
Divorce & Family
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Our goal is to have our core areas of practice rank among the top in the legal community.

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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Samuel S. Tenenbaum

Divorce, Child Support, Child Custody, Divorce & Family Law

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800 W 20th St Ste C2, Merced, CA 95340

Susan Hall-Martinez

Adoption, Child Support, Farms, Divorce

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1826 K. St., Merced, CA 95340

800-814-6700

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LEGAL TERMS

PHYSICAL CUSTODY

The right and obligation of a parent to have his child live with him. Compare legal custody.

CONFINEMENT IN PRISON

In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of ... (more...)

In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of years.

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

NEXT OF KIN

The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.

GROUNDS FOR DIVORCE

Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court and whether requesting a fault divorce or ... (more...)

Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court and whether requesting a fault divorce or a no-fault divorce.

FITNESS

The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives i... (more...)

The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives in evaluating their fitness to adopt a child, including financial stability, marital stability, career obligations, other children, physical and mental health and criminal history.

IRRECONCILABLE DIFFERENCES

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.

QMSCO

See Qualified Medical Child Support Order.

CRUELTY

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)

Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.

SAMPLE LEGAL CASES

SAN MATEO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES v. Clark

An order setting aside or vacating a paternity judgment pursuant to Family Code [1] section 7645 et seq. must rest on proof of exclusion of biological paternity as evidenced by genetic test results. The trial court granted the motion of respondent Dennis Henry Clark II (Clark) to ...

PLUMAS COUNTY CHILD SUPPORT v. Rodriquez

The Plumas County Department of Child Support Services (county) appeals from an order dismissing its complaint against Ame R. Rodriquez, by which it sought to compel Rodriquez to pay support for her 18-year-old son Joshua who, after living with Rodriquez nearly all of his life, began ...

Adoption of Allison C.

... Specifically, stepfather and mother sought to have father's parental rights terminated under section 7822, alleging father had left Allison in mother's custody for at least four years, had "never paid or offered to pay child support since Allison's 1009 birth," and had "not had any ...

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