Divorce can be contentious and oftentimes needs to be handled with sensitivity and compassion. Our San Jose divorce lawyers recognize the importance of providing hands-on legal representation for all aspects of divorce and family law matters.
Our divorce attorneys seek to reach the best possible outcome for your case. We are seasoned trial lawyers, and offer clients a wealth of trial experience and knowledge of the family courts. Additionally, we have experience in divorce mediation including in-depth knowledge of successful negotiation techniques and a broad range of family law resources.
Based in San Jose, our San Jose family law attorneys serve all around the Bay Area. Give us a call today at (408) 244-4570 to arrange a confidential consultation.
We work with clients facing divorce-related issues such as:
Our San Jose divorce lawyers have the skills to handle all forms of divorce, including high-asset divorce, divorce involving businesses and their valuations, same-sex divorce, contested and uncontested divorce proceedings.
We put a strong emphasis on building a strong relationship with clients. Having a firm understanding of our clients’ concerns, goals and hopes for their future allows us to be direct in the legal approach that we take to resolving the issues they face. Our services are personally tailored to meet our clients’ needs and individual circumstances.
Filing for divorce in California involves a series of different steps and a few legal requirements. In order to file for divorce in the state, you or your former spouse must be a resident of California for at least six months. In addition, you must be a resident of the county where you are filing for divorce for at least three months.
Next, you will enter into the divorce process. Depending on the circumstances of your case, your divorce proceedings can take place in negotiating rooms, trials, or both.
Divorce and legal separation may look similar, but they are actually two separate legal processes with very different guidelines and restrictions. With a divorce, you and your former spouse dissolve your marriage and have no outstanding marital obligations to each other – meaning you are free to file your taxes as an unmarried person, remarry, and so on.
However, you and your spouse are still legally married under legal separation. You and your former spouse may live apart and divide your assets during this time. Your marriage is still valid, and the state of California still views you as a married person. As a result, you cannot marry someone else until you file and finalize your divorce.
Whether you should choose legal separation or divorce depends on the circumstances of your marriage. If you are not sure about the finality of divorce and believe that there may be a chance at reconciliation in the future, legal separation is likely your best option.
However, if you want to remarry or are certain that reconciliation is not an option, a divorce may be the best pathway for you. Contact an attorney at our firm as soon as possible to discuss your separation and divorce options.
It can be tempting to enter into divorce proceedings without a divorce lawyer on your side. However, getting a divorce is a highly emotional, complicated process that you should not have to handle alone – and hiring an attorney can provide a number of benefits for your case.
Pending a divorce in California, it is wise to learn more about how different aspects of the divorce process work. By educating yourself on the details of divorce, you prevent yourself from being blindsided down the road.
You can file your petition “in pro per”, which means you act as your own attorney. However, if you don’t personally know much about the divorce process, or even how to properly fill out your forms, then it is extremely wise to hire an attorney. A divorce is like a settlement. Both parties must negotiate and provide written agreements to address different aspects of the divorce process. An attorney provides general education and consult when deciding what is fair to ask for in the divorce.
California is not a 50/50 state. This means that both parties must create a written agreement dividing all community property. If both parties cannot come to an agreement, financial mediation is a viable option to explore.
One aspect of California’s divorce process that could complicate matters is the definition of community property. Community property includes any assets either party acquired during the marriage. Even a car that one spouse bought with their own money is community property if purchased during the marriage.
California does not require alimony if the couple was married for less than 10 years. In this case, either spouse can request to initiate or terminate alimony payments on behalf of either party. For example, one spouse can request that the other pay alimony, or request that they pay alimony themselves. The court ultimately decides who pays which amount if disagreements arise.
Couples who were married for more than 10 years must address alimony. If neither party wishes to request alimony, they can request a hearing to address this.
The court requires couples who were married for less than 10 years to pay alimony for half of the length of the marriage. So, an 8-year marriage would result in four years of alimony payments. The court does not set a definite termination date for couples that were married for longer than 10 years. However, either party can request to modify this.
You can void your marriage under certain circumstances in California. Some marriages are automatically void, such as those involving incest, bigamy, or sham marriages for immigration purposes.
Other marriages are voidable, which means that they are not automatically void and can qualify for annulment under a judge. Your marriage must satisfy one of the following conditions to be voidable.
Under some circumstances, your marriage may not qualify for annulment if you or your former spouse decided to freely cohabitate after the fact, even if you satisfy one of the above conditions. Contact your lawyer to determine whether or not your marriage could be voidable.
Both the petitioner (divorcer) and the respondent (divorcee) have similar rights during the divorce process.
The one aspect of California divorce law in which one party does not have full rights is in terminating the divorce. The respondent cannot refuse to cooperate or accept the divorce. In cases where the respondent does not agree in this regard, the divorce will push through the court system anyway. In all other circumstances that end in disagreement, the court decides what happens.
Gaining knowledge about what to expect in the divorce process can be emotional at first, but it is crucial to know what details will come up during the case. Put your best foot forward and prepare for court proceedings by researching more about what to expect.
Initial consultations can be scheduled to meet your convenience. Please call our office or complete a short online contact form to book your meeting.