San Jose Divorce Attorney
Ending a marriage or domestic partnership in San Jose can be a difficult, emotional and complex process. Even the most amicable divorces can quickly turn contentious, putting an emotional and mental strain on both spouses and children alike.
Having a compassionate, experienced legal professional by your side is an effective way to remedy this stress and uncertainty. If you are exploring your options for divorce, please consult the Schoenberg Family Law Group, P.C. to discuss your situation. We understand that divorce can not only be complicated but also stressful to all involved. Our experienced San Jose divorce attorneys can help you devise comprehensive legal strategies to assist you through the process.
Trusted, Experienced Legal Counsel for All Aspects of Divorce
At Schoenberg Family Law Group, P.C., we maintain full transparency and open lines of communication to effectively address your concerns. Our strategies are informed by your unique needs, and we make sure to detail our intentions through every step of the dissolution process. Our team of legal professionals has intimate knowledge of all aspects of divorce, including:
- The viability of mediation in more contentious circumstances.
- Temporary orders for marital property, spousal support, and child custody
- Any disagreements regarding the division of assets and property
- Evaluating and determining appropriate child support, custody, and visitation rights
- All matters involving financial support, such as spousal support and Marvin action
- Any LGBT-related proceedings, such as same-sex marriages
- Pre- and postnuptial agreements
- Restraining orders and other immediate actions against domestic violence
- Bankruptcy as a result of divorce
- Any post-divorce modifications or actions
- Appealing any court orders, such as those in civil or family court
- Domestic torts of any kind
By utilizing our comprehensive knowledge of family law and maintaining an open line of communication at all times, we hope to dispel any of the stress from your divorce, giving you peace of mind during a tumultuous phase of your life.
Your Options for Ending a Marriage in San Jose
Before starting the filing process for dissolution, there may be other, more appropriate options for separation for your circumstances. The state of California details three ways to officially terminate a marriage or registered domestic partnership:
- A divorce can be filed to officially dissolve your marriage – once a divorce is finalized, you are single and may legally marry again.
- A legal separation can be a viable alternative for those who do not want to divorce for personal, religious, or other reasons, such as reconciling the relationship at a later time. It does not officially terminate a marriage – when legally separated, you are not allowed to marry or enter a domestic partnership.
- In cases of a legally invalid marriage, an annulment may be an option. In California, marriages are not legally valid if they are bigamous, incestuous, or under minimum age requirements (typically 18 years old). Additionally, an annulment may be granted in cases where the marriage was a result of fraud or coercion.
In exceptional circumstances, spouses or partners may be eligible for a summary dissolution, an expedited form of divorce without the influence of courts of judges. Not everyone is eligible for a summary dissolution – it requires very stringent requirements that vary from marriage to marriage.
The legal professionals at Schoenberg Family Law Group, P.C. have extensive knowledge of all your divorce options, ensuring that you are well-informed of your choices before officially beginning the dissolution process. We understand that this decision may have far-reaching ramifications for you and your family, so we give you all the information that is necessary for you to make a decision.
Requirements for Divorce in San Jose
The state of California puts general requirements in place in order to petition for divorce or separation.
Fault in a divorce. California is a “no-fault” state regarding divorce: a spouse or partner need not display gross negligence or wrongdoing in order to file for divorce. Additionally, both partners do not need to agree to a divorce before initiating the process.
Residency requirements. In the state of California, each type of separation has residency requirements in order to file.
- Divorces in California require that at least one of the spouses or partners must have resided in the state for the last 6 months, and the county where you plan to file for the last 3 months.
- Filing for a legal separation requires one of you to reside in the state, with no requirements for length or time or duration.
- An annulment generally does not have any residency requirements.
These residency requirements only apply to married couples – domestic partnerships may have slightly different requirements. Generally, if your domestic partnership is registered in California, there are no residency requirements necessary.
Waiting periods. California law states that spouses or partners must have a mandatory 6-month waiting period before a divorce is finalized. This begins the date the person filing for divorce officially notifies their spouse or partner of their filing.
It’s important to note that these are very general requirements for divorce and separation in California. There may be other specific laws and requirements to follow before officially starting the divorce process. The Schoenberg Family Law Group, P.C. can help clarify any such laws and ensure these requirements are met before you initiate divorce proceedings. If you’d like to speak about the details of your case over a free initial consultation, contact us today.
Resolving Your Separation Out of Court
Even the most amicable separations can cause enormous turmoil in a family. The large amount of paperwork and court proceedings combined with the reality of a sudden change in family dynamic can inject emotional strife in an already impactful situation. Additionally, introducing a judge into the situation who has no emotional stake or grasp of the circumstances can significantly increase the tension through the process. In these cases, there may be more practical alternatives to resolve divorces or separations – with minimal added stress for both parties involved.
- Mediation can help couples resolve issues outside of the courtroom with an impartial third party. This option empowers partners or spouses to talk through any disputes or issues and come to a conclusion on their own. Unlike judges, mediators do not make decisions – and do not force you to follow their orders.
- A collaborative divorce allows spouses to negotiate the terms of their divorce or separation without the involvement of judges or a courtroom. A series of meetings involving the spouses, their lawyers, and other professionals weighing in culminate in a mutual agreement that both parties are satisfied with.
Even if you believe resolving a separation out of court is the best route for you, it is nonetheless recommended to retain counsel from a qualified family law professional who is experienced in mediation and collaborative law. The Schoenberg Family Law Group, P.C. will support your decisions to pursue resolutions outside of the courtroom and consult you in the best way possible to ensure you come to an amicable split.
Resources for San Jose Divorce
All matters of family law and divorce proceedings in San Jose occur in the courts – specifically, the Santa Clara County Superior Courts. All of their family court proceedings occur at the Family Justice Center Courthouse (FJCC):
Family Justice Center Courthouse (FJCC)
210 North First Street
San Jose, CA 95113
For any questions, you may contact them at (408) 792-4200. Although this is typically the location in which family courts are held, a Self Help Center is also present that can assist with the resources you need for your divorce, including legal forms and the process for filing. Family Law Facilitators at the Centers can assist your needs as well, offering free services to those who do not have legal representation. Although they are not qualified to give legal counsel, they are able to recommend retaining a lawyer based on your circumstances. The Self Help Center is open for family law needs on Mondays, Tuesdays, and Thursdays from 8:30am to 3:00pm.
Although the Self Help Center is a useful resource, it is a free service that offers help on a first-come, first-served basis with limited hours of operation. Often, these services are much too busy with limited resources and knowledge pool to effectively cater to your unique needs for divorce.
Avoid the long lines and instead contact the Schoenberg Family Law Group, P.C. for advice on your case. We are more than capable of answering the same questions you may have, along with more intricate concerns such as high-asset divorce, bankruptcy consultations, and more.
Explore Your Options for Divorce Today with San Jose Divorce Lawyers
The Schoenberg Family Law Group, P.C. has more than 30 years of experience throughout San Jose and Santa Clara County in all matters of family law and divorce. We provide valuable counsel that caters to your unique needs, and we ensure that you and your children are a priority through the separation process.
Our San Jose divorce attorneys understand the significant impact of a divorce on a family and make concerted efforts to give you peace of mind through full transparency and open, honest communication. If you have any questions regarding any and all aspects of your divorce, please contact us online or call us at 415-834-1120.