San Jose Divorce Lawyers

Divorce touches every part of your life: your finances, your children, your home, and your future. At Moreno Family Law Firm, we handle divorce and all related family law matters throughout San Jose and Santa Clara County. Founding attorney Marilyn E. Moreno is a Certified Family Law Specialist. This designation requires demonstrated knowledge in California family law beyond standard bar admission, and she has practiced exclusively in this area since 1982. Our entire team practices family law only, guiding clients from the first filing through hearings, negotiations, and, when necessary, trial.

Call Moreno Family Law Firm today at (408) 676-1814 or contact us online to schedule a consultation with one of our divorce attorneys in San Jose.

Why San Jose Families Choose Moreno Family Law Firm

Credential depth and personal attention rarely come from the same firm. We offer both. Marilyn E. Moreno’s Certified Family Law Specialist designation reflects a level of knowledge many attorneys practicing family law don’t hold. Our attorneys have appeared before Santa Clara County Superior Court judges for decades, and that familiarity with local procedures and judicial tendencies can be an advantage when preparing your case.

Because every attorney here practices family law only, we stay current on developments in California family law that could affect your divorce. We also operate as a cooperative team: if an urgent matter arises, another attorney can be available to help. We handle contested divorces, uncontested divorces, and post-divorce modifications, and we’re committed to keeping legal costs manageable. For specific information about fees, contact us directly.

What Is Divorce Under California Law?

Divorce is the formal dissolution of a marriage, terminating the legal responsibilities and obligations that come with it. It involves addressing legal, financial, and personal matters that can significantly affect your future. A divorce can be uncontested or contested. In an uncontested divorce, spouses reach agreement on all major issues. In a contested divorce, a judge resolves disputes the parties can’t settle on their own. California also recognizes summary dissolution for couples who meet specific eligibility criteria, including a marriage of less than five years, no minor children, limited shared assets and debts, and no desire for spousal support. We work with clients in all of these situations.

Is California a No-Fault Divorce State?

Yes, California is a no-fault divorce state. You don’t have to prove that your spouse engaged in misconduct or wrongdoing to file for divorce. You can cite irreconcilable differences, which can make the process more straightforward than fault-based systems. California is also a community property state, meaning assets and debts acquired during the marriage are generally divided equally. Proper characterization of separate versus community property can significantly affect the outcome of your case, and our attorneys guide clients through that analysis carefully.

How to File for Divorce in San Jose

To file for divorce in San Jose, you or your spouse must have lived in California for at least six months and in Santa Clara County for at least three months. Cases are filed at the Santa Clara County Superior Court Family Division, located at the Santa Clara Family Justice Center Courthouse. A filing fee is required unless the court grants a fee waiver. For a full list of courthouses in San Jose, see our resource page.

The core filing documents include:

• Petition for Dissolution of Marriage: Lists residency, date of marriage, date of separation, and grounds for divorce, and requests relief such as property division, spousal support, and custody.
• Summons: Notifies your spouse of the proceeding and includes standard restraining orders limiting what both parties can do with marital property and restricting the removal of children from California during the case.
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): Required when minor children are involved; establishes the court’s jurisdiction over custody matters.

After proper service, the responding spouse has 30 days to file a response. Our attorneys prepare all filing documents and guide you through service requirements from the start.

The California Divorce Process: Filing Through Final Judgment

Divorce in California moves through several defined stages. Under California Family Code § 2339, there is a mandatory six-month waiting period running from the date the respondent is served or makes an appearance in the case, whichever occurs first, before a divorce can be finalized. Complex cases typically take longer. Our attorneys understand Santa Clara County family court procedures and prepare clients for every step ahead of time.

• Filing a Petition: The process begins when one spouse files a Petition for Dissolution of Marriage, requesting relief on property, support, and custody matters. Our team prepares and files the petition so your interests are accurately represented from the outset.
• Serving the Petition: The other spouse must be formally served with the divorce papers, giving them an opportunity to respond. Proper service is a legal requirement, and we handle this step in accordance with California procedural rules.
• Temporary Orders: While the divorce is pending, temporary orders can address child custody, visitation, financial support, and restraining orders. We advocate for orders that protect your interests and provide stability during the proceeding.
• Financial Disclosures: California law requires both parties to provide complete and accurate disclosures of all assets, debts, income, and expenses. This mandatory exchange shapes negotiation and, if necessary, litigation over property division and support.
• Divorce Discovery: Discovery allows both sides to gather information through document requests, interrogatories, and depositions. Our attorneys use targeted discovery strategies to build a complete picture of marital finances and other relevant facts.
• Negotiation and Mediation: Most divorce cases resolve through negotiation or mediation rather than trial. Our attorneys are experienced in both and work to reach agreements on child custody, spousal support, and related issues that protect your long-term interests.
• Court Proceedings: When disputes can’t be resolved, we represent you in Santa Clara County Superior Court. Our attorneys present evidence and arguments clearly and are prepared to litigate contested issues through to a decision.
• Finalizing the Divorce: A Judgment of Dissolution of Marriage sets the final terms for property division, child custody, spousal support, and child support. We review the judgment carefully before it is entered to confirm it reflects what was agreed or decided.

Speak with a San Jose Divorce Attorney

Divorce is one of the most consequential legal processes a person goes through. We provide professional, personalized guidance at every stage, from filing through final judgment, with a genuine commitment to keeping legal costs proportionate to your situation. If you’re weighing your options, our guide on choosing a divorce lawyer is a good place to start. We handle negotiation, mediation, and courtroom representation throughout Santa Clara County, and we’re here to answer your questions.

Contact Moreno Family Law Firm by calling (408) 676-1814 or schedule a consultation online with one of our divorce lawyers in San Jose.