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There are many important documents and agreements involved in the divorce process, so it is easy for one or both spouses to get lost and overwhelmed. However, one crucial agreement to start with is your marital settlement agreement. Below, our San Jose divorce lawyer explains a marital settlement agreement in California. What Is a Marital Settlement Agreement? A marital settlement agreement is a contract that sets the terms of your divorce. It covers the future relationship between you and your spouse after the divorce procedures. Further, it documents you and your spouse’s decisions about important issues, such as: Child custody … Read More

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Making the decision to divorce your spouse is stressful. Once you make the decision, there are many steps to take before the divorce is finalized. Working with a divorce lawyer who will guide you through the process can make it less stressful. Below, our San Jose divorce attorney provides a brief guide about the process of how to file for divorce in San Jose, CA. Step 1: File for Divorce in Santa Clara County In order to file for divorce in San Jose, you or your spouse must have: Been a resident of California for at least six months before … Read More

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The thought of needing to give up retirement savings to pay for your divorce can be terrifying. Neither spouse wants to rebuild their retirement assets after a divorce. And, the process of doing so can be complicated, because qualified retirement plans have certain restrictions. For example, you can lose hundreds of thousands of dollars from your 401(k) during a divorce. But, you can only invest around $19,500 a year. Or $26,000 if you are over 50. Fortunately, there are ways that you can recover retirement savings after a divorce. What Can I Do to Protect My Retirement Savings During Divorce? … Read More

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Our San Jose Divorce Lawyer Explains Contested Divorces Some divorces end amicably with former spouses agreeing on key issues like child support, alimony, or the division or property. In other cases, the divorce process is much more adversarial. Contested divorces are a good example of a more adversarial type of divorce, where the former spouses cannot agree on one or more issues. With a contested divorce, there are likely to be more hearings and legal requirements involved. In cases where spouses cannot reach a settlement, it may be necessary to complete an agreement in divorce court. Below, our San Jose … Read More

PIcture Of Family problem, issues concept. Father leaving his child and wife. Divorce, separation.

A restraining order prohibits an individual from taking any specific actions against you. There are two types of restraining orders that are common in divorce proceedings. These are automatic restraining orders and domestic violence restraining orders. If you are in the middle of your divorce and you are interested in filing a restraining order against your ex-spouse, you should understand the differences between these two restraining orders that you can choose from. What Is an Automatic Restraining Order? Automatic restraining orders in California automatically restrain an ex-spouse from taking specified action after they file for divorce. These types of restraining … Read More

PIcture Of Family problem, issues concept. Father leaving his child and wife. Divorce, separation.

San Jose Divorce Lawyer Discusses Factors That Lengthen Divorces The cost of a divorce in California varies depending on the circumstances. Each case is going to be different. The same is true for how long a divorce takes to conclude in California. Many different factors can influence the length of a divorce – especially in cases where both former spouses are contesting the terms of the divorce. However, there are additional factors, such as issues involving property division, that may also increase the length of a divorce. Below, our San Jose divorce lawyer discusses situations where a divorce may take … Read More

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Under the California Family Code, California outlines child support guidelines for court-ordered child support. The amount of child support is based on a complex mathematic formula that takes into account both parents’ net disposable income after a variety of deductions. In addition, the calculation also takes into account the amount of time each parent spends with his or her child. The California Department of Child Support Services offers an online calculator to estimate the amount of child support that could be ordered in a person’s case. Their online calculator is based on California’s child support guidelines. Are There Exceptions to … Read More

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San Jose Divorce Lawyer Explains What Affects the Cost of Divorce It is quite common for family law attorneys to receive questions about how much a divorce costs. In California, and most likely anywhere else, the cost of a divorce depends on the situation. There are many different factors that can affect the cost of a divorce in California. Unfortunately, there is no way to determine how much a divorce costs at the onset of a case. Factors That Affect the Cost of Divorce in California Below, we list factors that may affect the cost of your divorce. However, contested … Read More

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After a divorce, there are many things that you will have to deal with within your family. It can be a stressful and emotional time, especially if you and your former spouse have disagreements about your futures. Having children between you and your ex can further complicate post-divorce plans, but there are ways to stay ahead of the game. A parenting plan is something that you and your ex must make in order to make your divorce easier for your children. What Should Be Included in My Parenting Plan? – Parenting principles/behavior: This section is important but often overlooked, because … Read More

Child support in San Jose

The U.S. has been dealing with the effects of the novel coronavirus since January, when we saw our first confirmed case. Since COVID-19 is highly contagious, many states have since implemented social distancing policies. These policies aim to slow the spread of COVID-19 in order to protect citizens’ health. While studies show that social distancing is working, this practice is having another effect altogether. Children in custody battles are feeling the impact of social distancing, as co-parenting becomes increasingly difficult to manage. If you are running into child custody issues as a result of the coronavirus, contact our San Jose … Read More

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