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DIVORCE PALO ALTO

Helping You
Start Fresh
In Palo Alto

DIVORCE PALO ALTO

Helping You
Start Fresh
In Palo Alto

Divorce in Palo Alto

When Palo Alto residents are faced with divorce, they often get overwhelmed by the various emotions that come along with this life-changing event. The stress isn’t only from the emotions involved with navigating a divorce in Palo Alto. Residents must also deal with many questions as they are faced with divorce and it can be difficult to figure out how to tackle the legal system on your own. How do I file for divorce? How will my assets and debts be divided? How will the custody of my children be decided? During this difficult time, it is important for individuals to remember that they don’t have to face this alone.

 

We are Modern Family Law – a family law firm committed to helping clients through divorce by guiding them, helping them understand their options, and creating plans for the future. We believe in communicating with our clientele about all aspects of the divorce process so that they can make informed decisions during this difficult process. Our compassionate Palo Alto divorce attorneys understand that the legal process of divorce can be difficult and often confusing. The more you understand the legal process of divorce, the better prepared you will be for what is to come.

 

When getting a divorce, there are many steps that must take place before your case is finalized. Our experienced Palo Alto divorce attorneys are prepared to listen to the specifics of your case, guide your expectations, and help you prepare for the future.

What Are The Legal Grounds For
Divorce In Palo Alto?

California is a no-fault divorce state, which means that the spouse or domestic partner in Palo Alto seeking the divorce does not have to prove their ex has done anything wrong. To get a no-fault divorce, one member of the divorcing party just needs to say that they can’t get along and there’s nothing left worth saving. Legally, this is called “irreconcilable differences.”

 

Planning before you start your Palo Alto divorce case can save you time and money. We recommend that you plan ahead of time to avoid unnecessary complications moving forward, which may affect the outcome of your case. Consider how you are going to handle your case and what goals need to be met before speaking with an experienced lawyer. This will allow you to provide a divorce attorney with a comprehensive understanding of the details of your case. These facts aid lawyers in giving the best possible advice as well as providing clients with a proper understanding of what should be done next so that a successful outcome is achieved.

 

The most common way a divorce becomes a financial burden is by engaging in unmanaged, unreasonable, conflict with your spouse. Most high-conflict cases are created early on in the life of the case. Someone says something they can never take back, or makes a false allegation out of fear and a case is quickly heading down a path of no return. Small mistakes, or misunderstandings at the start blossom into new fights and arguments. That’s why we work hard with our clients, from the beginning, to be sure we take those opportunities to avoid the path to a high-conflict case.

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Divorce in Palo Alto

We are Modern Family Law – a Palo Alto family law firm committed to helping clients through divorce by guiding them, helping them understand their options, and creating plans for the future. We believe in communicating with our clientele about all aspects of the divorce process so that they can make informed decisions during this difficult process. Our compassionate Palo Alto divorce attorneys understand that the legal process of divorce can be difficult and often confusing. The more you understand the legal process of divorce, the better prepared you will be for what is to come. When getting a divorce, there are many steps that must take place before your case is finalized. Our experienced Palo Alto divorce attorneys are prepared to listen to the specifics of your case, guide your expectations, and help you prepare for the future.

What Are The Legal Grounds For
Divorce In Palo Alto?

California is a no-fault divorce state, which means that the spouse or domestic partner in Palo Alto seeking the divorce does not have to prove their ex has done anything wrong. To get a no-fault divorce, one member of the divorcing party just needs to say that they can’t get along and there’s nothing left worth saving. Legally, this is called “irreconcilable differences.”

 

Planning before you start your Palo Alto divorce case can save you time and money. We recommend that you plan ahead of time to avoid unnecessary complications moving forward, which may affect the outcome of your case. Consider how you are going to handle your case and what goals need to be met before speaking with an experienced lawyer. This will allow you to provide a divorce attorney with a comprehensive understanding of the details of your case. These facts aid lawyers in giving the best possible advice as well as providing clients with a proper understanding of what should be done next so that a successful outcome is achieved.

Schedule Your Free Consultation!

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Our Attorneys Are
Ready To Listen

Our experienced divorce attorneys in Palo Alto have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

How To File For Divorce in Palo Alto?

If you live in Palo Alto and want to file for divorce, there are two options available: You can either complete the process on your own or retain an attorney who will take care of all the paperwork. Our experienced Palo Alto divorce attorneys can help ease some of the stress that comes with divorce by ensuring all paperwork is properly completed and filed. However, if you would rather do this yourself we have provided important steps below. Keep in mind many forms need to be filled out throughout court proceedings- it becomes especially complex when support orders, child custody orders, and property division are included. This is when it is best to contact our lawyers to discuss the details of your case.

1. Meet The
Residency Requirements

In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of six months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Santa Clara County, one spouse must have also have resided in the county for at least three months. Filing in the wrong county will result in the dismissal of your case.

2. Fill Out
Your Court Forms

You will need to complete a Petition of Divorce form as well as any other relevant divorce forms to your case. It is very important to be accurate and complete with these forms so that they accurately reflect your position. This is especially important if you think you and your spouse are likely to disagree about the issues the forms ask you about. If you are already aware of the forms you need, you can access them from the button below.

3. File At The
County Clerks Office

Take the signed forms to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. Once you’ve filed, you will be given a file number and your petition will be stamped as received. In Santa Clara County, you will go submit your forms at the Santa Clara Family Justice Center Courthouse located at 201 N. First Street, San Jose, CA.

4. Serve The Papers
To Your Spouse

Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers. To serve your papers, you will have to find someone 18 or older (NOT you) to deliver a copy of your papers to your spouse or domestic partner. Once you serve your spouse or domestic partner with copies of your papers, you must show the court that you completed this step by having them complete a proof of service summons. More information can be found here.

5. Complete Your
Financial Disclosure Forms

California law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses. To do this, there is a set of forms you have to fill out and exchange. This is called “disclosure.” It is important to note that you can provide your financial disclosures at the same time as your petition if you wish, but NO LATER than 60 days after filing your petition.

6. Wait 6 Months
For Divorce To Be Finalized

In Palo Alto, from the time you initially file for divorce, there is a six-month waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed after the waiting period has passed, the judge can sign the final judgment without either spouse having to appear in court if all of the documents are completed correctly. Once a judge has signed your final judgment your divorce is legally finalized.


Have Questions, Reach Out!

Our experienced divorce attorneys in Palo Alto understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed! 


How To File For
Divorce in Palo Alto?

If you live in Palo Alto and want to file for divorce, there are two options available: You can either complete the process on your own or retain an attorney who will take care of all the paperwork. Our experienced Palo Alto divorce attorneys can help ease some of the stress that comes with divorce by ensuring all paperwork is properly completed and filed. However, if you would rather do this yourself we have provided important steps below. Keep in mind many forms need to be filled out throughout court proceedings- it becomes especially complex when support orders, child custody orders, and property division are included. This is when it is best to contact our lawyers to discuss the details of your case.

1. Meet The
Residency Requirements

In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of six months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Santa Clara County, one spouse must have also have resided in the county for at least three months. Filing in the wrong county will result in the dismissal of your case.

2. Fill Out
Your Court Forms

You will need to complete a Petition of Divorce form as well as any other relevant divorce forms to your case. It is very important to be accurate and complete with these forms so that they accurately reflect your position. This is especially important if you think you and your spouse are likely to disagree about the issues the forms ask you about. If you are already aware of the forms you need, you can access them from the button below.

3. File At The
County Clerks Office

Take the signed forms to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. Once you’ve filed, you will be given a file number and your petition will be stamped as received. In Santa Clara County, you will go submit your forms at the Santa Clara Family Justice Center Courthouse located at 201 N. First Street, San Jose, CA.

4. Serve The Papers
To Your Spouse

Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers. To serve your papers, you will have to find someone 18 or older (NOT you) to deliver a copy of your papers to your spouse or domestic partner. Once you serve your spouse or domestic partner with copies of your papers, you must show the court that you completed this step by having them complete a proof of service summons. More information can be found here.

5. Complete Your
Financial Disclosure Forms

California law requires that you and your spouse or domestic partner give each other written information about what you own and what you owe, and about your income and expenses. To do this, there is a set of forms you have to fill out and exchange. This is called “disclosure.” It is important to note that you can provide your financial disclosures at the same time as your petition if you wish, but NO LATER than 60 days after filing your petition.

6. Wait 6 Months
For Divorce To Be Finalized

In Palo Alto, from the time you initially file for divorce, there is a six-month waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed after the waiting period has passed, the judge can sign the final judgment without either spouse having to appear in court if all of the documents are completed correctly. Once a judge has signed your final judgment your divorce is legally finalized.


Have Questions, Reach Out!

Our experienced divorce attorneys in Palo Alto understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed! 


Frequently Asked Questions About Divorce in Palo Alto

How much does a divorce cost in Palo Alto?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

 

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

 

Click the following link to learn more about the cost of a divorce attorney in Palo Alto. You may also be interested in our calculators to help you determine costs.

Are there any residency requirements for obtaining a divorce in Palo Alto?

Yes, California and Santa Clara County both have a residency requirement in order to file for a divorce. In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Santa Clara County, one spouse must have also have resided in the county for at least 3 months. Filing in the wrong county will result in the dismissal of your case.

Is there a required waiting period for getting a divorce in Palo Alto?

Yes, there is a mandatory waiting period required by California law stating that no couple can get divorced faster than 6 months.

Frequently Asked Questions About
Divorce In Palo Alto

How much does a divorce cost in Palo Alto?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

 

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

 

Click the following link to learn more about the cost of a divorce attorney in Palo Alto. You may also be interested in our calculators to help you determine costs.

Are there any residency requirements for obtaining a divorce in Palo Alto?

Yes, California and Santa Clara County both have a residency requirement in order to file for a divorce. In order to file for divorce in California, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of California’s residency requirement, in order to file in Santa Clara County, one spouse must have also have resided in the county for at least 3 months. Filing in the wrong county will result in the dismissal of your case.

Is there a required waiting period for getting a divorce in Palo Alto?

Yes, there is a mandatory waiting period required by California law stating that no couple can get divorced faster than 6 months.

Experienced Palo Alto Divorce Attorneys

Our compassionate Palo Alto divorce lawyers are empathetic to the emotional and stressful situations our clients are facing. They understand that every case is unique, as a result, they take the time to listen in detail so that they are able to provide expert guidance for each client’s individual needs. Once our attorneys have a deep understanding of a client’s case they are able to offer insightful suggestions which help clients achieve the best possible outcome- not just for today but for the future as well.

 

Making decisions during a divorce can be tough. We take the guesswork out of it for you by providing you with all the information about your case and ensuring that, in doing so, are making smart choices to help make your way through this process as smoothly as possible. Contact our Palo Alto divorce attorneys today!

 

We also understand the financial burden that divorce matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases. Be sure to ask our attorneys about this great opportunity during your free consultation.

 

A divorce is a life-changing event. It can take a lot of time and mental energy to move on from the past. You may be struggling with the decision to end your marriage, as well as wondering what your future will look like. The first thing you want to do is gather as much information as possible about the divorce process in Palo Alto. Then, it’s time to start working on yourself by getting back into a routine and starting fresh. Our Palo Alto divorce attorneys are here to help you along the way!

Our Palo Alto Office Location

Additional Divorce Practice Areas

Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.

Experienced
Palo Alto
Divorce Attorneys

Our compassionate Palo Alto divorce lawyers are empathetic to the emotional and stressful situations our clients are facing. They understand that every case is unique, as a result, they take the time to listen in detail so that they are able to provide expert guidance for each client’s individual needs. Once our attorneys have a deep understanding of a client’s case they are able to offer insightful suggestions which help clients achieve the best possible outcome- not just for today but for the future as well.

 

Making decisions during a divorce can be tough. We take the guesswork out of it for you by providing you with all the information about your case and ensuring that, in doing so, are making smart choices to help make your way through this process as smoothly as possible. Contact our Palo Alto divorce attorneys today!

 

We also understand the financial burden that divorce matters can pose. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases. Be sure to ask our attorneys about this great opportunity during your free consultation.

 

A divorce is a life-changing event. It can take a lot of time and mental energy to move on from the past. You may be struggling with the decision to end your marriage, as well as wondering what your future will look like. The first thing you want to do is gather as much information as possible about the divorce process in Palo Alto. Then, it’s time to start working on yourself by getting back into a routine and starting fresh. Our Palo Alto divorce attorneys are here to help you along the way!

Our Palo Alto
Office Location

Additional Divorce
Practice Areas

Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.

Meet Our Team Of Experienced
Palo Alto Divorce Attorneys

San Jose family law attorney Holly Gutkovsky

Holly Gutkovsky
Managing Attorney
San Jose, CA

San Jose Family Law Attorney Jalyn Mitchell

Jalyn Mitchell
Associate Attorney
San Jose, CA

Palo Alto family lawyer Lulu Tseng

Lulu Tseng
Associate Attorney
Palo Alto, CA

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Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these calculators just for you, so you know what to expect every step of the way.

Additional Resources About
Divorce in Palo Alto

6 Questions to Ask Before You Get Divorced

Questions to Ask Before You Get Divorced

If you’re considering a divorce, take a step back and think about the major factors involved before finalizing your decision. Here are 6 questions to ask yourself prior to pursuing a divorce.

Easing the divorce process with family law attorneys

10 Steps to Easing the Divorce Process

Divorce can be one of the most difficult times in your life.  Here are 10 steps that you can take to help you navigate through the divorce process and prepare for a fresh start.

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7 Things Not to Do During a Divorce

There are several behaviors that couples engage in that quickly draw the ire of a judge in a divorce situation. Learn about the top 7 you should avoid keeping a judge in your good graces.


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