The Law Offices of

B J Fadem & Associates, APC

Certified Family Law Specialist

San Jose Divorce lawyer

Cohabitating without marriage is very common in our contemporary age. However, the ending of this relationship and a person’s legal rights to Property, Custody and Visitation, Paternity, and Child Support, among others, are not commonly known.

The first Palimony case was Marvin vs Marvin whereas: Michelle Triola spent several years living with actor Lee Marvin. After their breakup, she legally adopted the surname “Marvin” despite never having been married to him, and claimed he had promised to support her for the rest of her life. In the end, the California Supreme Court ruled that Triola had not proven the existence of a contract between herself and Mr. Marvin that gave her an interest in his property. Thus, the common law rule applied to the situation without alteration, and she took away from the relationship and the household what she brought to it.

The Court went on to explain that while the state abolished Common Law Marriage in 1896, California law, however, does, in fact, recognize non-marital relationship contracts or agreements between people. These contracts may be express or implied, oral or written—but they must be provable in any case. The contract may also provide for a sexual relationship as long as it is not a contract for sexual services. Eventually, the California Court of Appeal ruled that since Michelle Triola and Lee Marvin never had a contract, she was not entitled to any money.

In addition, even though you may not be married; you may not be on the “deed” to real property – there may be a “community” interest in real property if, in fact, it can be proven that there was an “agreement” or “promise” that the home was both of yours.

Having to “prove” that your partner had agreed to take care of you for the rest of your life, or prove that you and your partner were “pooling” your assets jointly, can be a very daunting and stressful situation. You may never have thought that all those valentines’ cards, special love notes, emails, texts, and birthday cards would either be useful or haunt you. Who would think that not getting married would become such a nightmare? In this day and age, not getting married is very common. Having a girl-friend, boy-friend, or who you called your partner in life, now becomes an issue in a Court of Law? You may have thought just packing up your belongings and starting over was all you had to do, right? Or you ask him/her to move out. Until, he/she reaches out to a Palimony Attorney. Then suddenly your whole world is turned upside down. Our Law Firm has dealt with this very delicate situation for over 32 years – from both the prosecution and defense side.

Common questions regarding Palimony are:

Is there such a thing as Palimony?

Yes. However, Courts decide each matter case by case.

Is it easy to get Palimony in California?

No.

What do you need to prove for Palimony?

Among several factors, the parties had an ‘agreement’ to pull their assets and live essentially as Domestic Partners or significant others and one party agreed to support the other party.

Matters of Palimony can become more complicated when other legal issues are of concern also. Such as:

*Support
*Property Division & Characterization

Can your Law Firm file our Legal documents and/or represent me in any County?

Yes. We can file in all California Counties and cities, including but not limited to: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humbolt County, Inyo County, King County, Lake County, Lassen County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Placer County, Plumas County, Sacramento County, San Benito County, San Francisco County, San Joaquin County, San Mateo County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Yolo County, and Yuba County. In addition, B J Fadem has represented hundreds of clients throughout California, the United States and foreign countries [with regard to Hague matters].

Seeking sound legal counsel with regard to Divorce is a very important decision. Making the wrong or uninformed decision could cost you your family. Helping families is what Attorney B J Fademdoes.

Our Divorce Attorneys are skilled at helping clients with regards to Divorce legal issues and making the process as civil and polite as possible. We hope that your case will go to Mediation first or to a Settlement Conference. This will save you both time and money. However, if the Opposing Side does not hold these ideals in high regard, we will be prepared to litigate at trial.

Your issue may be time sensitive.

Please contact our office to set-up your Initial Consultation.

Please read the FAQs prior to your Initial Consultation.

Se habla Espanola

‘It just takes a call’

Regarding Domestic Violence here are some links for immediate help:
www.thehotline.org
www.domesticviolence.org

Client Testimonials
  • BJ Fadem was my lawyer in a child custody case. He was incredible. He knew my fears and took the time to ease everyone of them. BJ was helpful with everything. He is about fair and what is best. I would not have made it through the process without him. BJ is a compassionate, knowledgeable, and straight forward. I would recommend him for anyone that is in need of a Family Law lawyer. Hated going through it, but he made it incredibly painless!Posted by Scot
  • I hired BJ Fadem and Associates to enforced my divorce settlement. BJ Fadem and Associates read through the entire divorce settlement and wrote a letter to my ex-husband pointing out what was not being enforced. BJ is very kind and makes you feel comfortable talking about the situation. BJ and his staff followed through on getting the tasks done and my ex husband complied with his responsiblities. The best possible outcome I could have expected and I couldn't have reached that result without BJ Fadem and his team!Anonymous
  • I have had several opportunities to consult with this law firm over the past few years. I have always received timely and courteous responses to my inquiries. The reason I return time and time again is knowledgeable employees and the respect I am treated with. I also think that the noncondensending matter in which I was treated was a prime factor. It was hard enough to go through what I did, I appreciated not being talked down to by some old stuffy lawyer. Though I have only consulted with Fadem Law, I have referred a few family members who were totally happy with the outcome of their cases.Posted by Claude
  • Mr Fadem is extremely knowledgeable of the laws. Felt he was very in tuned to my needs and fought those. Would definitely would use again. HIGHLY RECOMMENDPosted by Sharon
  • I endorse Mr FADEM Loved The Way He Went To Bat For Me Very Skilled!!! Mostly He Listened When I Thought I Had No Hope!!! Thanks For CaringPosted by Darrell Fears
  • I had a previous attorney who so screwed up my divorce that I almost lost my home, custody and my business!!! When I did my initial consultation with Mr. Fadem, him and and his staff immediately started working on my case to get things saved! The professionalism, customer service and legal knowledge this firm has is incredible!! I can't say enough!! My case is still going on. However, I am so grateful for all they have done and are doing on my behalf!Posted by anonymous
  • I have worked with Mr. Fadem on many occasions and he is as intelligent, professional, and dedicated as they come. His knowledge of family law is outstanding and I refer him to anyone who needs a specialized and highly skilled family law attorney.Posted by Emily
  • As a father with an extremely challenging custody situation, I went through several attorneys before retaining BJ Fadem. Without a doubt BJ has helped my case and my family reach favorable results more quickly and effectively than the collective effort of my first three attorneys combined. Based on years of favorable results and such a positive experience there is no way I would use any other law firm for custody or family law matters. BJ Fadem is absolutely one of the finest custody attorneys in the bay area.Posted by Gary
  • Professional and Skilled. Great Law Office! Mr. BJ Fadem is a knowledgeable and skilled attorney with great experience. Thank you!Larry
    California Jan 27, 2014