Frequently Asked Questions

If you are preparing for divorce, you should seek the counsel of a divorce attorney to learn about mediation. In San Jose, California, there are two types of mediation that often apply to divorce actions. Concerning the division of assets and debts, mediating can move the couple to an agreed-upon resolution. Divorce mediation moves quicker than a drawn-out negotiation through counsel. It is important to work with an attorney who can review the settlement details. A reliable divorce lawyer can make sure you do not agree to something that is not in your best interests. An experienced lawyer can effectively guide you through mediation and help you finalize your divorce.

Family Code Section §3170 mandates that the case be set for child custody recommending counseling prior to the court hearing. This happens in any dissolution matter regarding child custody and visitation where there is a dispute. If an agreement is reached, it is reported to the court through the attorneys. As a result, the court hearing may be canceled, and the family makes its own decision. If no agreement is reached, a recommendation will be made by the court counselor and the court hearing will proceed.

The purpose of family court services is to:

• Settle Disputes: Assist families in the settlement of domestic controversies. Usually, these involve the welfare of children where there is an action in Family Court.
• Define Parental Contact: We know you want to mitigate the effects divorce will have on the relationship you’re your children. Family court can ensure children get frequent and continuing contact with both parents after the dissolution of marriage.
• Encourage Cooperation: It can be difficult to come to terms with the sharing of rights and responsibilities. The family court will define the terms of your child custody agreement during and following a dissolution.
• Guardianship: Investigate guardianship cases scheduled for the Probate Court when the prospective guardian is a relative of the child. The investigation will help try to ensure the needs of the child will be met. (Probate Code §1513 & Family Code §3110).

The purpose of a restraining order is to keep an abuser away from their victim. However, it can be difficult to determine how accurate claims are.

Some common questions people ask when dealing with a restraining order in California are:

• Who Can Get a Restraining Order: Any victim of any age who has been involved in domestic violence can request a restraining order. Any acts of assault, criminal mischief, harassment, lewdness, threats, false imprisonment, and other acts can constitute a restraining order.
• What Does a Restraining Order Do: If a restraining order goes into effect, the abuser cannot have any contact with the victim. This includes in person or by phone. In addition, the abuser can be asked to leave a residence if the victim is there. Finally, the court may order escorts of programs to facilitate the restraining order.
• How Long Does a Restraining Order Last: This will ultimately be determined by the courts. However, first there will be a Temporary Restraining Order issued. Usually, this is a ten-day period where you are to be served with paperwork.

It is risky to litigate in emotional situations without a trained family law lawyer. For example, with divorce, court appearances are required even if you and your spouse can quickly agree on most of the major issues. Unfortunately, you will be litigating in the courts if you go through a divorce. These moments of litigation have a drastic impact on the outcome of your case. Furthermore, California divorce laws involve many parts of laws across other practices. If you head to court without a lawyer, you could be at a great disadvantage. A lawyer can guide you through the process to minimize any proposed agreement that is not in your best interests. Sometimes a lawyer is necessary just to have the peace of mind that a crucial issue is missed altogether.

If your spouse has suddenly left, you should contact a divorce attorney as soon as possible. You may assume that it is unnecessary to hire legal counsel to finalize your divorce. However, California divorce laws are complex. If your spouse picks up and leaves, you can be left with quite a mess on your hands. Chances are that he or she will not respond to divorce filings or make any necessary court appearances. As a result, you may face unique challenges toward protecting your best interests, have increased stress, and feel overwhelmed.

You do not need to remain married just because your spouse does not want to be involved with divorce proceedings. However, there are difficulties with starting the divorce process if you are unable to serve your spouse with divorce papers. You deserve to have your assets, property, rights, and best interest protected.
 

Even in the situation of a contested divorce, the California courts define all divorces as “no-fault.” This means that neither you nor your spouse needs to prove that the other did something wrong.

As a result, the courts will use evidence and data to determine the division of assets. Usually, assets are given to those who demonstrate that they need the assets more than the other party. For example, a shared vehicle may be sold, and the profits split. If you expect to have custody of your children, odds are you can establish that you have the greatest need.

Judges will base their decision on the facts from outside sources and both you and your spouse’s lawyers. This creates an opportunity for broad-stroke figures and fuzzy logic. Your spouse may try to use legal tricks to make you agree to unfair terms. Therefore, a respected and diligent divorce lawyer can make all the difference in protecting your assets.
 

If you have been arrested on a domestic violence charge, you have rights that are protected by law. In addition, you also have statutory rights that give you options. Most importantly, you have the right to remain silent until you have spoken to a domestic assault attorney. Protecting your rights is important if you want to try to dismiss or reduce the charges against you. If you believe the evidence is strong against you, our firm can negotiate with prosecutors.

Some common domestic abuse claims our firm handles involve:

• Stalking: Stalking charges can materialize if you follow someone in person or online. A family law attorney can help defend against these subjective claims.
• Harassment: You can face a domestic violence charge even if there has been no physical action. These claims allege that you have disturbed the peace or made a threat.
• Child Neglect: In some cases, a party may claim that a child is neglected due to domestic violence or other home issues. Obtaining a child witness can work in your favor to prove you were not a cause of neglect.
• Physical Abuse: Unfortunately, a spouse, family member or partner may claim you have physically hurt them. A domestic violence defense attorney can help counter allegations that are not supported.

Unfortunately, it is not uncommon for divorce proceedings to bring a tremendous amount of stress and questions. Sometimes anxieties mount so high that some parties will even ignore a petition. For this reason, you should consider hiring an attorney. An experienced professional can identify if any part of the process can slow down your divorce. Every state has its own set of regulations for divorce court.

However, filing for divorce in California involves:

• Petition: This legal document identifies the parties involved and begins the process. This is a formal application to the court that requests a specific action or form of relief.
• Financial Disclosure: Both parties disclose their separate financial information, assets and obligations. This information is usually given to the court at the end and beginning of the divorce court process.
• Response: If the other party does not respond, the judgment defaults to the petitioner's proposed judgment. When both parties come to an agreement, the result will be a stipulated judgment. A stipulated judgment is a legal document by both parties that details the agreement. If both parties respond but cannot come to an agreement, litigation begins. After litigation, the court orders judgment.
• Negotiations: It may be possible to avoid a trial if both you and your spouse can agree to settlement negotiations. A skilled family lawyer can use negotiations to preserve relationships and mitigate court costs.
• Trial: Divorces do not need to end in a trial but sometimes it is necessary. Attorneys can use their skillful litigation to help bring a favorable and swift resolution.

Yes. Family law covers many types of marriage dissolution. Depending on the situation, divorce may not be the best option. For example, some religious beliefs make it difficult for couples to divorce. However, there are other options available.

In addition to divorce, family law includes:

• Alimony
• Annulment
• Child Custody
• Visitation Rights
• Child Support Payments

There are many different types of cases that are heard at family court.

Although family law cases may intersect with other areas as well, most legal cases fall into three categories:

• Family Cases: While family cases are a type of civil case, they are more specific. Usually, they involve parents, children, and/or spouses. For example, common family cases involve marriage dissolution such as divorce or annulment, guardianship, juvenile matters, adoptions, child custody issues, name changes, and protections against domestic violence.
• Civil Cases: Usually, general civil cases involve injuries or disputes over money. Common examples of disputes are landlord/tenant issues, breach of contract claims, foreclosures, and property sales.
• Criminal Cases: As a rule, these proceedings change based on state. Punishments can involve fines, community service, prison, probation, or other penalties.