Experienced San Jose Divorce Lawyers
Relentless Divorce Attorneys Serving Santa Clara County
The California divorce process can seem complicated and overwhelming. Knowing the road in front of you and having an experienced California divorce attorney by your side can make this time of your life less stressful.
The experienced San Jose divorce lawyers at Moreno Family Law Firm understand how stressful getting a divorce is San Jose can be and are here to help guide you through this process.
To speak to one of our experienced San Jose divorce lawyers, contact us online or give us a call today.
Below are the basic steps involved in getting a divorce.
Filing for Divorce in California
To file for divorce in San Jose, either you or your spouse must have lived in California for six months and in Santa Clara County for three months.
If you are filing for a divorce in San Jose, you must take the following into consideration:
- You must file a petition and a summons.
- A petition: is a request for divorce that lists factual information, including residency, date of marriage, date of separation, and the grounds for divorce.
- A summons: contains important information about the divorce process. It includes standard restraining orders limiting what you and your spouse can do with your property and prevents you or your spouse from removing your children from California.
- If you and your spouse have children together who are under the age of 18, you will also have to file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act.
- You must file the papers at the Santa Clara Family Justice Center Courthouse, located at 201 N. First Street, San Jose, CA.
- Unless you apply for a fee waiver and the court grants your request, you must pay a filing fee.
The California divorce process can be complicated and stressful. Our experienced San Jose divorce lawyers can help guide you through the process.
Serving Your Spouse in California
After filing for divorce, you must serve your spouse by giving them copies of the documents you filed in court and a response form. Service puts your spouse on notice that you filed the divorce.
Some factors to consider when serving your spouse are:
- You cannot serve your own divorce papers.
- You must have an adult who is 18 or older serve the papers.
- This person could be the county sheriff, a process server, a relative, or a friend.
Responding to the Filing
If you are the spouse that was served, you have 30 days to respond. The response allows you to either agree or disagree with the information in the petition. The respondent must file the response at the Santa Clara Family Courthouse and pay the required filing fee (unless you are granted a fee waiver).
Getting a divorce in California takes a minimum of six months. Because the process takes time, parties can request temporary orders. The judge will hold a hearing to decide whether or not to grant the request for a temporary order.
There are many different temporary orders that you can request, including those for:
- Child custody and visitation
- Child support
- Spousal support
- Property control orders
- Attorney fees
The temporary order will stay in place until there is a final judgment.
Having problems with your divorce proceedings? Call our San Jose divorce lawyers at (408) 676-1814 to talk with one of our divorce lawyers in San Jose.
Financial Disclosures in California
Under California law, you are required to complete financial disclosures that give your spouse information about the property you own, your debt and liabilities, and your income and expenses. The point of the financial disclosures is to ensure that determinations regarding property division, child support, and spousal support are done accurately and fairly.
There are multiple forms that must be completed in a very specific way. Leaving out information on the forms or filling them out incorrectly can result in serious repercussions.
Divorce Discovery in California
Discovery is the legal process of getting relevant information from your spouse.
Discovery can take different forms:
- Asking your spouse to produce documents
- Asking your spouse to answer questions
- Asking your spouse to admit or deny statements
- Deposing your spouse
You also have the option to make requests on third parties through subpoenas. Whether or not you should engage in discovery and what discovery you should seek is unique to every case.
To settle your divorce case means that you and your spouse have come to an agreement on every single issue (property division, child custody, visitation, child support, spousal support, and attorney fees). Through settlement, you and your spouse, not the judge, have control of the outcome and you will save the time and expense of going through a trial. However, you should not settle for the sake of settlement and make compromises that you cannot live with.
Even if you cannot come to a complete settlement, you should still try to come to an agreement on as many issues as possible. Our experienced San Jose divorce lawyers can help to guide you through the process.
California Divorce Trial
If you are unable to settle your case, it will go to a trial. At the trial, both parties will be able to present evidence, including testimony. At the end of the trial, the judge will make a final decision.
Typically, trials take place at the Santa Clara County Family Courthouse. However, if the court determines that the trial will exceed two days, then it will be referred to the Superior Courthouse of Santa Clara County, Civil Division.
Our San Jose Divorce Lawyers Can Help
At Moreno Family Law Firm, our experienced family law attorneys understand how stressful the divorce process can be and are here to help. With over 40 years in practice, our San Jose divorce lawyers are well qualified to provide the guidance needed by our clients to protect their best interest throughout their divorce case.
To speak to one of our experienced San Jose divorce lawyers, contact us online or give us a call today. We are proud to serve Santa Clara County and the surrounding areas.
Contact Our Experienced Family Lawyers
Call (408) 676-1814 or fill out our secure online form to schedule a consultation to discuss your case. We look forward to helping you.