Call Us

DIVORCE SAN JOSE

Helping You
Start Fresh
In San Jose

DIVORCE SAN JOSE

Helping You
Start Fresh
In San Jose

Divorce in San Jose

San Jose individuals facing divorce can easily become overwhelmed. Not only are they dealing with the emotions involved with a divorce, but they also have to figure out how to navigate the complicated San Jose legal process and face many questions. 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.

 

At Modern Family Law, our experienced and compassionate San Jose divorce attorneys is committed to guiding clients through the complexities of divorce, helping them understand their options and create a plan for the future They are also dedicated to communicating with our clientele about all aspects of family law so that they can make informed decisions throughout this difficult process.

 

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 San Jose 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 San Jose?

California is a “no-fault” divorce state. This means that the spouse or domestic partner in San Jose that is seeking the divorce is not required to prove that the other spouse or domestic partner has done anything wrong.  To get a no-fault divorce, one member of the divorcing party has to state that the couple can no longer get along and there is no means of saving their relationship. Legally, this is known as “irreconcilable differences.”

 

When you first come to the decision that it is time for your divorce, there are many factors that must be considered. In order to ensure a successful outcome in any case and save yourself the hassle of unnecessary complications moving forward, we recommend that you plan your case ahead of time. Think about how you are going to handle your case and what your goals are. Planning before you start and speaking with an experienced divorce lawyer can save you time and money as you navigate the court process.

 

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.

Schedule Your Free Consultation!

View Our California
Calculators


Divorce in San Jose

At Modern Family Law, our experienced and compassionate San Jose divorce attorneys are committed to guiding clients through the complexities of divorce, helping them understand their options and create a plan for the future. They are also dedicated to communicating with our clientele about all aspects of family law so that they can make informed decisions throughout this difficult process. When getting a divorce, there are many steps that must take place before your case is finalized. Our experienced San Jose 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 San Jose?

California is a “no-fault” divorce state. This means that the spouse or domestic partner in San Jose that is seeking the divorce is not required to prove that the other spouse or domestic partner has done anything wrong.  To get a no-fault divorce, one member of the divorcing party has to state that the couple can no longer get along and there is no means of saving their relationship. Legally, this is known as “irreconcilable differences.”

 

When you first come to the decision that it is time for your divorce, there are many factors that must be considered. In order to ensure a successful outcome in any case and save yourself the hassle of unnecessary complications moving forward, we recommend that you plan your case ahead of time. Think about how you are going to handle your case and what your goals are. Planning before you start and speaking with an experienced divorce lawyer can save you time and money as you navigate the court process.

 

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.

Schedule Your Free Consultation!

View Our Texas
Calculators


Our Attorneys Are Ready To Listen

Our experienced divorce attorneys in San Jose 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 San Jose?

When it comes to filing for divorce in San Jose, you can choose to do it yourself or you can retain a divorce attorney who will complete and file the divorce paperwork for you. Our experienced San Jose divorce attorneys can alleviate some of the stresses that come with divorce by ensuring that all of your paperwork is properly completed and filed. However, if you would prefer to complete this filing process yourself we have provided the necessary steps below. Keep in mind that there are many forms to fill out throughout the court process, and it can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property.

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 San Jose, 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 San Jose 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 San Jose?

When it comes to filing for divorce in San Jose, you can choose to do it yourself or you can retain a divorce attorney who will complete and file the divorce paperwork for you. Our experienced San Jose divorce attorneys can alleviate some of the stresses that come with divorce by ensuring that all of your paperwork is properly completed and filed. However, if you would prefer to complete this filing process yourself we have provided the necessary steps below. Keep in mind that there are many forms to fill out throughout the court process, and it can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property.

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 San Jose, 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 San Jose 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 San Jose

How much does a divorce cost in San Jose?

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 San Jose. You may also be interested in our calculators to help you determine costs.

Are there any residency requirements for obtaining a divorce in San Jose?

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 San Jose?

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 San Jose

How much does a divorce cost in San Jose?

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 San Jose. You may also be interested in our calculators to help you determine costs.

Are there any residency requirements for obtaining a divorce in San Jose?

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 San Jose?

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

Experienced San Jose Divorce Attorneys

Our compassionate San Jose divorce lawyers can empathize with the emotional and overwhelming situations our clients are facing. They understand that every case is unique and as such clients deserve the time necessary to listen to all the details of their case. Once they have a comprehensive understanding of a client’s case they are able to provide expert guidance so that our divorce clients are able to achieve the best possible outcome for themselves and their families.

 

The best way to navigate your divorce is to be prepared. Being well-informed about the process will help you make better decisions and lessen any surprises that might come up during your case. Consult with one of our San Jose divorce attorneys to go over the specifics of your case and to ensure you are making the right decisions.

 

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 San Jose. Then, it’s time to start working on yourself by getting back into a routine and starting fresh.

Our San Jose 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
San Jose
Divorce Attorneys

Our compassionate San Jose divorce lawyers can empathize with the emotional and overwhelming situations our clients are facing. They understand that every case is unique and as such clients deserve the time necessary to listen to all the details of their case. Once they have a comprehensive understanding of a client’s case they are able to provide expert guidance so that our divorce clients are able to achieve the best possible outcome for themselves and their families.

 

The best way to navigate your divorce is to be prepared. Being well-informed about the process will help you make better decisions and lessen any surprises that might come up during your case. Consult with one of our San Jose divorce attorneys to go over the specifics of your case and to ensure you are making the right decisions.

 

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 San Jose. Then, it’s time to start working on yourself by getting back into a routine and starting fresh.

Our San Jose
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
San Jose Divorce Attorneys

Palo Alto family lawyer Lulu Tseng

Lulu Tseng
Associate Attorney
Palo Alto, CA

San Jose family law attorney Jess Smith

Jess Smith
Associate Attorney
San Jose, CA

See What Our Customers Are Saying About Our Divorce Attorney’s In San Jose

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 San Jose

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.

divorce lawyers

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.


Schedule A FREE
Consultation