Sacramento Divorce Lawyer

The law office of Robert N. Kitay of Sacramento, California, concentrates its practice on Sacramento Family Law and Sacramento Divorce matters, including: Divorce, Legal Separation, Custody and Visitation, Child Support (Setting, Modification, and Collection), Spousal Support (Setting, Modification and Collection), Property/Debt Division, Retirement/Pension Plan Division, Guardianships & Adoptions, and Judgment Enforcement. We proudly serve clients in Sacramento County, Placer County and Yolo County.

If you are ready to schedule a confidential consultation regarding your Sacramento Family Law or Sacramento Divorce matters in Northern California, give us a call today or click here to fill out our online contact form.

Sacramento Office
1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198

Email: reception@rnkitaylaw.com

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Sacramento Divorce Lawyer

ROBERT N. KITAY
Law Office of Robert N. Kitay
Bar Number(s): 229966 (Cal.) and 7406 (Nev.)

Education:

• University of the Pacific, McGeorge School of Law - Juris Doctor 1999; Traynor Honor Society; Dean's List Scholarship; Alumni Foundations Scholarship; Dean's List 3 times; top 25 % of class.
  
• University of San Diego (1993); post-graduate paralegal studies; American Bar Association Certified; graduation with high honors.
  
• University of California; Davis (1993); B.A. (major Political Science; minor Comparative Literature).
  

Bar Association and Professional Organizational Memberships:

• State Bar of California (SBN 229966);
  
• State Bar of Nevada (SBN 7406);
  
• United States District Court, Eastern District of California;
  
• United Stated District Court, Northern District of California;
  
• United States District Court, District Court of Northern Nevada;
  
• Sacramento County Bar Association; Yolo County Bar Association;
  
• Trial Lawyers of America;
  
• California Consumer Attorneys Association
  

Court admissions:

• All State Courts in California;
  
• All State Courts in Nevada;
  
• U.S. District Courts located in San Francisco, Sacramento, Fresno, and Reno.
  

Firm Emphasis and Work Experience

The primary focus of this firm is to help people work through difficult times by providing honest and accurate legal advice, and zealous and effective advocacy. Sacramento family law attorney Robert N. Kitay's primary areas of practice is Family Law (divorce, custody, support, guardianships, etc.). I am open to new areas of practice if the right case presents itself. If you inquire about an area of practice that I cannot help you with, I will refer you to a professional that I know can help you.

I started out in the legal business as a paralegal in 1993, and worked in that capacity until 1997. As a paralegal, I worked mainly in complex asbestos litigation and personal injury defense (product liability, motor vehicle accidents, construction site accidents).

Starting in late 1997 I worked as a law clerk for the California State Public Defender assisting in the presentation of death penalty appeals.

Starting in late 1998 I worked as a law clerk for the Sacramento County Public Defender, Major Crimes Division. I assisted the trial attorneys with the preparation and completion trials dealing with serious crimes (murder, bank robbery, etc.).

After graduating from McGeorge School of Law in 1999, I worked for the Nevada Supreme Court as a Criminal Staff Attorney for about a year. In this capacity, I counseled the Supreme Court Justices and wrote opinions and orders for them that primarily dealt with post-conviction appeals from serious felony convictions.

After leaving the Nevada Supreme Court in 2000, I went to work for a small private firm in the San Francisco/Bay Area. I handled all types of cases in the areas of criminal defense and personal injury (plaintiff's work).

In 2004 I began working for about a year with a Sacramento firm as an associate insurance defense attorney dealing with elder abuse cases, product liability, and personal injury.

In 2005 I went to work for another small Sacramento firm and worked mostly as a Sacramento family law attorney.

After leaving this employment, I opened my own firm.

As you can see from my experience, I have a varied background and have gained valuable experience in a wide variety of practice areas. The common thread among all this experience is litigation and trial work. Over the course of time, I have gained the skills and experience necessary to be an extremely effective litigation attorney. I am good at it, and it brings me a deep sense of satisfaction when I win for my client, which is most of the time.

I also have an extensive background in providing pro bono legal services. I have worked with such organizations as Voluntary Legal Services of Northern California and the Tri-Valley Haven (Bay Area service similar to WEAVE). For the last 3 years I have worked as an Pro Bono attorney with the Family Court in Sacramento County by helping, at the request of our Judges, self-represented litigants in custody and support cases.

Family law, sometimes called the law of domestic relations - deals with all aspects of you legal rights and obligation as they apply to the family unit. It covers a vast field: marriages, annulments, divorces, separations, domestic violence, premarital agreements, child support and custody, visitation rights, property division and alimony, adoption, name changes, child discipline, establishing paternity, living together, responsibility for damages done by other members of the family, and more. Just by reading this list you begin to see how broad and complex this are really is.

Family disputes involve strong emotions - emotions that can get in the way of rational thinking and reasonable settlements. When feelings of anger and revenge take over, we lose sight of reality, so it is important to keep our emotions in check as much as possible. If you find your emotions getting out of control, particularly where a divorce or children are concerned, do yourself a favor and see an experience Sacramento family law attorney at the Law Offices of Robert N. Kitay immediately. The advice of a good Sacramento family law lawyer is also recommended for most domestic problems.

The Law Office of Robert N. Kitay
1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198

All states have limitations on how old you must be before you can marry. In most states, both the man and the women must be at least 18 years old to marry without parental consent. The exceptions: in Arkansas, the man must be at least 17, the woman 16; in Georgia, each must be at least 16; in Louisiana the man must be at least 18, the woman at least 16, in Mississippi, the man must be at least 17 and the woman at least 15; and in Nebraska, each must be at least 17. If you are under the prescribed are, you will need the consent of your parents or court approval to get married. Parental consent is not required if you can prove that you are emancipated; that is, that you are living apart from your parents and are self-supporting. You may first have to obtain a court order declaring you emancipated, however.

There is no upper age limitations on marriage. Persons over 90, even 100 years old have entered into legally binding marriages, some to mates their own are, other to mates decades younger. Specific information concerning age and other requirements for a valid marriage usually can be obtained simply by calling your local county clerk's office.

Sacramento family law attorney helps people with all aspects of family law. For more information call Sacramento family law lawyer at (916) 266-0188 for immediate consultation.

The Law Office of Robert N. Kitay
1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198

You may want to separate from you spouse for several reasons. Maybe you can't go on living with him or her, yet aren't emotionally ready to get a divorce. Or you may want to use the separation as a "trial divorce" to see whether you really do want a divorce. It is a sad fact that over eighty percent of couples who separate eventually gets divorced.

You can (but generally don't need to) obtain a court order granting a separation. A court usually can grant a separation only for the same grounds as those upon which a divorce is granted. You can, however, separate from your spouse by mutual agreement for any reason, or no reason at all. A written agreement regarding spousal support (alimony), child support, custody, and visitation rights is always advisable and may even be required by state law to make the separation a "legal" one.

Sacramento divorce attorney helps people with all aspects of divorce law. For more information call Sacramento divorce lawyer at (916) 266-0188 for immediate consultation.

The Law Office of Robert N. Kitay
1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198

Suppose that you spouse sues you for divorce, but you don't want one. Is there anything you can legally do to "defend," or prevent, the divorce? Defenses to divorce actions aren't nearly as important today as they were forty or more years ago, when divorce were harder to obtain. Defenses are only relevant in divorces based on fault. No-fault divorces are essentially un-defendable: If one spouse wants a divorce, there isn't much the other can do to stop it.

In a fault divorce proceeding, if an innocent spouse forgives the adulterous spouse, the defense of "condonation" stops the divorce. Another defense is the assertion that the other spouse provoked the conduct complained of. The provocation must be sufficient to justify the wrongful act, however. For instance, a husband cannot justify an adulterous relationship because his wife refused to have intercourse with him one night.

At one time, a frequent defense was recrimination: The spouse who filed for the divorce was accused of being equally guilty of immoral or other wrongful conduct. If the wife asked for a divorce on the ground that, say, her husband committed adultery, the husband could defend the divorce on the basis that the wife herself had also committed adultery. Even if the husband agreed to get a divorce, some court would not give the couple a divorce, since they were equally culpable. Holy wedlock became unholy deadlock. This made absolutely no sense, as the two people obviously no longer wanted to be married, and the marriage was beyond salvage. Today most court simply would grant the divorce, end the couple's suffering, and let them get on with their separate lives.

When divorces were permitted only because of one spouse's fault, a couple who could no longer live together occasionally would agree that one of them should commit adultery so they could get the divorce. Unfortunately, if the judge found out about it, he or she would deny the divorce because of the parties' collusion.

Sacramento divorce attorney helps people with all aspects of divorce law. For more information call Sacramento divorce lawyer at (916) 266-0188 for immediate consultation.

The Law Office of Robert N. Kitay
1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198

The distribution of property acquired during the course of the marriage is another issue that a domestic relationships court is called upon to resolve as part of a divorce action. The distribution of property can become very complicated when you are dealing with pieces of real estate, stocks and bonds that have appreciated in value, or pensions and retirement plans. These frequently require an analysis by a CPA or an economist to determine their total value. Recommendations then must be made to the court as to how each party has contributed to the increase in value of those assets and what the total value of the assets are.

For instance, if the parties have been married for twenty years and if during the course of that marriage the husband was employed at all times by the same company and is due to retire a year from now, does the wife have some interest in his pension? The general answer to that question is yes. Does that mean that she gets one half of all his pension payments? That again is governed strictly by state law, but the general factors that will be looked at are how much of the pension eligibility years coincided with the years of the marriage, the actual contribution of each party to that marital asset, and to what extent were premarital assets utilized to acquire what now is deemed to be a marital asset.

For more information or to schedule an appointment with an experienced Sacramento family law lawyer call us today at (916) 266-0188. Initial 45 minute consultation with a Sacramento family law attorney is FREE. Don't delay, protect your rights.

CALL NOW: (916) 266-0188

1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198
http://www.kitayfamilylaw.com

Sacramento Family Law Attorney

Child Support
In awarding child support, either in a divorce action or in a paternity action, the court looks at several factors to determine what the amount of that support will be - the respective income of the parties, the financial needs of the parties, and whether the parties are fully employed or are underemployed. Many states now have statutory guidelines for child support amounts. Those guidelines are published in the state code and they are based upon the gross income of the parties. A formula is then applied in order to determine exactly what amount of child support is due from the parent who does not have primary custody.

Spousal Support
Either party to a divorce action may also make a request for spousal support or what has traditionally been known as alimony. This is something that may be claimed by either the husband or the wife. The general rule of thumb is that the principal bread winner in the family is obliged to maintain the other party in the style of life to which they have become accustomed during the course of the marriage. As a practical matter, that often is not possible. If a couple was living on $45,000 a year the divorce and the husband is the sole breadwinner in the family, then once they divorce, there obviously will be a reduction in lifestyle.

CALL NOW: (916) 266-0188

1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198
http://www.kitayfamilylaw.com

Sacramento Family Law Lawyer

In a no-fault divorce, you don't have to prove that your spouse has committed some sin or physically or mentally abused you. You need only to show that such disharmony has developed that the two of you are no longer able to live together, and the marriage is beyond repair. The buzzwords usually found in no-fault divorces are that "irreconcilable differences leading to the irremediable breakdown of the marriage" have developed. (Some states refer to it as an "irretrievable breakdown" of the marriage.)

The concept of no-fault divorces evolved for two primary reasons. The first was realization that the courts should not force two people to live together if they could no longer get along. The second was the recognition of the emotional effect that "fault" divorces have on children. Children would, for example, be subjected to the trauma of being put on the witness stand to testify that they saw Mommy in the company of several men while Daddy was at work, or that Daddy started drinking the moment he got home and soon began slapping Mommy all over the house. A no-fault divorce is difficult enough for children to go through.

Does the development of no-fault divorces mean that fault is completely obsolete in states where no-fault laws are in effect? Not at all. Fault can still play an important part in determining the rights and obligations of the parties after the divorce. If, for example, the breakup resulted from one spouse's frequent belligerent conduct after drinking, that would be considered in deciding which spouse should get custody of the children.

For more information or to schedule an appointment with an experienced Sacramento divorce lawyer call us today at (916) 266-0188. Initial 45 minute consultation with a Sacramento divorce attorney is FREE. Don't delay, protect your rights.

CALL NOW: (916) 266-0188

1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198
http://www.kitayfamilylaw.com

Sacramento Fivorce Lawyer

The types of fault most commonly recognized as grounds for divorce are adultery, mental or physical cruelty, desertion or abandonment (usually for at least one year), nonsupport, gross neglect, alcoholism or drug addiction, impotence, insanity, and conviction of a felony (a prison sentence of at least one to three years may be required). One important ground rule: To obtain a divorce based on fault, the innocent spouse must be the one who initiates the legal proceedings; a person cannot go out and commit adultery, then file for divorce on the ground that he or she has been unfaithful. In some states, a divorce is available if the parties have been separated under court order or written agreement for a specified length of time, ordinarily six months to two years, depending on the state.

Before no-fault divorces, adultery and extreme mental cruelty were the most common types of fault alleged in divorce actions. The adultery often was staged or committed with the other spouse's approval. The "guilty" spouse usually would be caught in the act by the "innocent" spouse's private investigator, who always had enough time to take several incriminating pictures for evidence.

Divorces based on mental cruelty frequently included testimony from friends, neighbors, and relatives, stating that they had heard one spouse verbally abuse or humiliate the other incessantly. The children might even be called to testify about general living conditions-the house was unsanitary, a parent was drunk every night-or about constant and heated arguments they overheard between their parents. Not infrequently, except for the children's testimony, much of the testimony was exaggerated, even completely fabricated, to ensure that the divorce would be granted.

CALL NOW: (916) 266-0188

1006 "4th" Street, Suite 225
Sacramento, CA 95814
Tel: (916) 266-0188
Fax: (916) 266-0198
http://www.kitayfamilylaw.com

Sacramento Divorce Attorney