Divorce Attorney in San Jose, CA

What Are the Grounds for a Divorce in California?

California only allows “no-fault divorce.” This means that an individual can file for divorce based on “irreconcilable differences” even if one party wants to stay in the relationship.

Do You Have to Be Separated for a Year to Get a Divorce in CA?

California doesn’t have a separation requirement before filing for divorce, but it does have a residency requirement. Before submitting your petition, either you or your spouse must have lived in the state for at least six months and in the county you’re filing in for at least three months.

If neither you nor your spouse meets this requirement, legal separation might be necessary.

In a legal separation, the court can make orders on critical issues such as:

• Child custody and visitation,
• Child support,
• Spousal support, and
• Property division.

A legal separation doesn’t end your marriage, but you can file for it as long as you or your spouse lives in California. Once the residency requirement is met, you can ask the court for a divorce by filing an amended petition. Nick Cvietkovich can review your situation and advise on the available legal paths.

How Long Does a Divorce Take in California?

A California divorce takes at least six months. Even when both spouses agree on all terms and complete paperwork quickly, the mandatory waiting period still applies. The six-month window exists to allow time for related issues, from property division to spousal support, to be addressed before the marriage is legally dissolved.

Our attorneys can keep you updated at each stage so you know where your case stands.

What Happens If One Spouse Doesn’t Want a Divorce in CA?

In California, both spouses don’t have to agree to a divorce. One party can petition even if the other refuses to participate, and that refusal won’t stop the process.

If your spouse doesn’t file an answer or participate, the matter may be resolved by a default judgment, meaning the judge can issue orders based on your requests, provided they are reasonable.

At Law Offices of Thomas Nicholas Cvietkovich, we recognize that an uncooperative spouse can create real obstacles. We can help you navigate those challenges and pursue a fair resolution.

Get started on your case today! Contact our experienced firm by calling us at (408) 844-4016.

What Is the Divorce Process in San Jose?

Depending on your situation, you may qualify for a simplified process that doesn’t require a court appearance. This approach involves reaching full agreement with your spouse on how to divide everything.

You may qualify for this type of divorce if your marriage:

• Has limited property involved;
• Lasted less than five years (measured from the date of marriage to the date of separation); and/or,
• Does not have children or real estate.

If you don’t qualify, a typical divorce proceeding goes as follows:

• A spouse (the petitioner) files a petition for divorce. The other spouse is served with the petition and has 30 days to respond.
• If the divorce involves children and/or domestic violence, the respondent can request an “Order to Show Cause” hearing, at which a judge can grant temporary custody or a restraining order if necessary.
• Once proceedings are underway, both spouses exchange relevant financial information, including income, expenses, and all property to be divided. This phase is called “discovery.”
• After discovery, both parties and their attorneys may negotiate a settlement. One or both attorneys will draft a Marital Settlement Agreement for each spouse to sign.
• Once signed, attorneys prepare a Judgment of Dissolution of Marriage containing all agreements and court instructions. Each spouse receives a copy, and the original is filed with the court.

Either process takes around six months to finalize. If you and your spouse can’t agree on all issues, the case will proceed to trial. Whether you’re pursuing an uncontested or contested divorce, our experienced divorce lawyer in San Jose can walk you through your options.

We can guide you throughout the entire divorce process, being your advocate and protecting your interests.

Types of Divorce Cases We Handle

Not every divorce follows the same path. The right approach depends on whether you and your spouse are in agreement, the complexity of your marital assets, and whether children or special circumstances like military service are involved. Law Offices of Thomas Nicholas Cvietkovich has a dedicated practice page for each of the following divorce types:

• Contested Divorce: When spouses disagree on custody, support, or asset division, a judge must resolve the open issues. These cases require courtroom advocacy and thorough preparation. Visit our contested divorce page for more detail.
• Uncontested Divorce: Both spouses agree on all terms. The process moves faster and at lower cost, but legal review remains important to confirm the agreement is enforceable and complete. See our uncontested divorce page.
• Collaborative Divorce: Spouses and their attorneys commit to resolving all issues through structured negotiation outside of court. This approach is particularly suited to cases involving children where preserving a working co-parenting relationship matters.
• Military Divorce: Federal rules and California law both apply to military pensions, benefits, and procedural accommodations for deployed service members. These cases require an attorney who understands both frameworks.
• High-Net-Worth Divorce: Silicon Valley divorces frequently involve stock options, RSUs, business interests, real estate portfolios, and retirement accounts. Accurate identification and valuation of those assets is required before any settlement can fairly reflect what each spouse may be entitled to.

Why a Local San Jose Divorce Attorney Makes a Difference

Familiarity with the Santa Clara County Superior Court Family Division goes beyond knowing where to file. Local practice means understanding the court’s procedural preferences, its filing timelines, and the standards family court judges apply to contested custody and support disputes. That knowledge shapes how we build a case and what we can realistically pursue on your behalf.

Nick Cvietkovich’s background spanning both family law and criminal law gives the firm direct experience at the intersection of divorce and criminal proceedings, including cases where domestic violence allegations or active restraining order proceedings run parallel to the dissolution itself. That cross-practice depth is uncommon and can matter significantly when those issues overlap.

• Court Familiarity: Our attorneys practice regularly at the Santa Clara County Family Justice Center Courthouse and understand its procedures and filing requirements.
• County-Level Procedural Knowledge: California family law has county-level procedural differences. Attorneys who practice in Santa Clara County are better positioned to anticipate local court preferences and avoid delays.
• In-Person Availability: We meet with clients in person when needed and maintain open communication throughout your case so you know where things stand.
• Local Professional Network: We have established relationships with local mediators, financial professionals, and other specialists who may be engaged during the divorce process.

If you’re considering divorce in San Jose, connect with us today to discuss how we can help.