San Jose Divorce & Family Law: Key Statistics And What They Mean For You

When you live and work in the Bay Area, the landscape of divorce and family law is unlike most other places in the country. In this region, high asset levels meet intense professional pressures, long commutes meet remote work blur, and legal outcomes are shaped by a community that expects more than just a “standard” split. This article dives into the data for the San Jose/Santa Clara County region, explains what the numbers actually tell you, and offers grounded local insights from Modern Family Law’s Managing Attorney, Rachel McKenzie.

Divorce Rates: Lower Than Most, But Not Risk Free

Santa Clara County has one of the lowest divorce rates in California, with 7.3% of adults aged 15 and older currently divorced [1]. The San Jose–Sunnyvale–Santa Clara metro area shows a similar rate of 7% [2]. That’s far below many U.S. regions, yet it still represents tens of thousands of families navigating separation, custody, and asset division each year.

San Jose Family Law Expert Insights

“Every family’s story is different, but what doesn’t change is how overwhelming this process can feel at first.
My goal is to help people take back control by focusing on what they can do today to create stability tomorrow.”

– Rachel McKenzie, San Jose Managing Attorney

Why Bay Area Couples Divorce

Nationwide, the top reasons for divorce include lack of commitment (75%), infidelity (59%), and frequent conflict (57%) [3]. In the Bay Area, those challenges are compounded by demanding careers, expensive housing, and long hours that test even the strongest relationships.

High living costs also add pressure. The median home price in San Jose exceeds $1.4 million [4], and child-care costs can surpass $25,000 per year per child [5]. When both partners are working full-time while raising children in such a costly environment, emotional and financial burnout often follow.

San Jose Family Law Expert Insights

“I spend real time listening to clients before strategy ever starts.
When someone calls me, they get thirty minutes of honest conversation.
They leave that call with clarity, not confusion.”

– Rachel McKenzie, San Jose Managing Attorney

Children, Custody, & The Local Court Reality

About 45% of divorces in California involve children under 18 [6]. Family courts in Santa Clara County prioritize stability and meaningful relationships with both parents. Judges here frequently encourage shared custody and cooperation whenever possible.

Even with shared custody as the default goal, maintaining balance can be difficult for dual-career parents. Work travel, flexible tech hours, and housing costs often necessitate creative solutions, such as split-week schedules or virtual contact agreements.

San Jose Family Law Expert Insights

“With custody and visitation, there’s no static answer. Families change, children grow, and what works today may need adjusting later.
That’s normal, and the law allows for that flexibility.”

– Rachel McKenzie, San Jose Managing Attorney

The Financial Weight Of Divorce In San Jose

The average cost of a contested divorce in California is around $17,500, but in Silicon Valley, it can easily exceed $35,000 once you factor in equity, bonuses, and property division [7].

Home equity: The median home value exceeds $1.4 million [4].

Stock compensation: RSUs and stock options earned during the marriage are community property.

Spousal support: Judges often tailor support to maintain each spouse’s standard of living.

San Jose Family Law Expert Insights

“I remind clients that while it may feel dark now, we will find light again.
There’s always a path forward — you just need someone to walk it with you.”

– Rachel McKenzie, San Jose Managing Attorney

Modern Family Structures & Evolving Households

Second marriages and blended families now make up nearly one-third of U.S. households, and second marriages end in divorce 60% of the time [8]. San Jose mirrors this trend with increasingly complex parenting structures and modification requests long after the initial decree.

Modern Family Law sees more cases involving step-parents, shared custody across cities, and requests to modify parenting plans as children grow and family circumstances shift.

The Big Picture

California’s overall divorce rate has declined steadily for two decades [9], yet each case in the Bay Area tends to be more financially and emotionally involved. Couples are older, more established, and more deeply intertwined economically by the time they separate.