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San Jose Separation Lawyer
At our firm, our San Jose divorce lawyers understand our clients are dealing with what is, at best, an emotionally tough process. If you need to have a divorce in San Jose and would wish to meet with a member of our firm, you can be sure your questions are going to be met with sincere concern for your family’s well being. If there is the possibility of reconciliation, we could help you. If you find no chance of reconciliation, we could assist with the divorce process.
Each of our experienced San Jose divorce attorneys welcome all queries from persons trying to get representation for San Jose divorce cases.
Divorce could be likened to a high-risk business transaction; you must know you can rely on your partner. During the process of divorce, involving reorganizing the legal, financial, and social relationships between you and your spouse, you can rely on our San Jose divorce attorneys to remain centered on your needs and the welfare of your kids.
Our San Jose divorce lawyers help clients with all issues with divorce. Our Firm can help our clients with all related topics and areas of Family Law:
We value your trust and confidence. For a long time, our lawyers have given San Jose families and individuals with legal representation as well as genuine concern for their welfare. Once you contact us to help you with your divorce, you are going to speak with a lawyer, not just a paralegal or other employee.
Dissolution of a Marriage (Divorce):
1) What are the grounds for dissolution of marriage?
Each State is different, for instance, California was the very first state to apply the “no-fault divorce” concept. In a no-fault state, dissolution of marriage can be granted if the court discovers there to be “Irreconcilable differences” that have brought on an irrevocable breakdown of the marriage.
As a result this means that if a married person wishes to end the marriage, he/she may do so, even if the other spouse disagrees.
2) What are the residency requirements in order to get dissolution of marriage?
In order to get Divorce San Jose (dissolution of marriage), one of the spouses must have been a resident of the state for a continuous six month period and of the county for a continuous three month period prior to the filing of the Petition for dissolution.
3) Right after the dissolution case is filed, how much time will it take to get the marital status over?
Marital status can’t be terminated until six months have passed after the service of the Summons and Petition was effected.
4) What’s the process of obtaining Divorce (dissolution of marriage)?
An average dissolution of marriage calls for the following steps:
1. The Petition (Family Law) is filed and personally served on the Respondent.
2. The Respondent then has thirty days to file a Response (Family Law).
3. One of the parties to the dissolution will usually request temporary court orders by filing for an Order to Show Cause hearing. During this hearing, the judge will make temporary child custody, support and restraining orders.
4. The parties then engage in Discovery. This is the process by which parties of the dissolution exchange information and documents that are related to the case.
One of the essential elements of discovery is the preparation of the Preliminary Declaration of Disclosure. This is a court form in which every party lists the community and separate property. As part of this disclosure, the parties are also expected to exchange latest Income and Expense Declarations. Other forms of discovery are interrogatories (written questions) and depositions (oral examination under penalty of perjury).
5. Right after the discovery is completed the parties and their attorneys (if they are represented) will discuss settlement of the case.
When the case is resolved by agreement, one of the attorneys will create a Marital Settlement Agreement, which will contain all of the terms of the agreement. This is a contract that is signed by the spouses and their own attorneys.
6. In case the parties are unable to agree on all of the issues in the case, a trial is going to take place.
7. Once the parties sign the Marital Settlement Agreement or after the trial has finished, one of the lawyers will make a Judgment of Dissolution of Marriage.
It is a document that contains all of the court’s orders. The judgment is filed and the court mails a Notice of Entry of Judgment to each attorney.
San Jose Divorce Lawyer
Are you going through a San Jose Family Law Matter? Contact right away for help. We deal with these kinds of family law issues:
San Jose Divorce Lawyer
The word divorce means dissolution or the legal end of a marriage. Each and every state possesses its own specifications governing when a divorce may be granted, including a residency condition and grounds or a reason for the divorce. There can be both fault-based as well as no-fault based grounds for divorce. These, too, differ from state to state; though “irreconcilable differences” and “irretrievable breakdown” are common no-fault grounds for divorce. The states also differ with respect to the distribution of the marital property, alimony, child custody and visitation, and also child support.
The dissolution of a marriage generally is one of the leading causes of emotional problems in a person’s entire life. This could be quite hurtful emotionally, mentally, and financially – and choosing to end the marriage and splitting up the personal property and the shared assets can be daunting. If there are children concerned, a difficult situation can become contentious and even violent.
A San Jose divorce is always a painful period of time for all parties involved, and it’s necessary to understand the particular laws pertaining to divorces in your area so that the process is as painless as possible. Laws and regulations about divorces usually change from state to state and perhaps from county to county, and it is essential to have somebody on your side who knows the best way to navigate through the courts in your jurisdiction so that you can decrease time and energy during the process.
Getting the courts to grant a divorce requires a complex and time-consuming process that is often draining, from the initial separation to the final decree. Assistance from professionals like our San Jose divorce lawyers will help get the divorce process go more smoothly so it is less physically and financially stressful for both parties. A family law lawyer can certainly make certain that the correct documentation is filed and that every alterative is looked into to reduce the emotional and financial costs. A divorce attorney could also assist a couple seek out mediation when it is a workable option.
In case you are dealing with a divorce, be sure that you have experienced counsel. A San Jose divorce attorney is somebody who is an expert in family law matters and who helps people dealing with a divorce or legal separation secure their assets and safeguard their rights and who is aware of such complex issues like petitions, spousal support, and child custody agreements and will ensure that an already painful experience does not become even more demanding that it has to be.