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FAMILY LAW SAN JOSE

San Jose’s Most
Compassionate
Family Law Firm

FAMILY LAW SAN JOSE

San Jose’s Most Compassionate
Family Law Firm

Family Law in San Jose, CA

Family law in San Jose relates to all domestic and family-related legal issues. As such, emotions generally run high when facing these matters as they encompass the most important aspects of an individual’s life. Whether it be the breakdown of a marriage, the fear of having to fight for the custody of your children, or the stress that comes with thinking about losing your assets, our experienced and compassionate San Jose attorneys can empathize with your situation. Our San Jose family attorneys understand that they are dealing with the most important aspects of a person’s life and they don’t take that responsibility lightly.

 

Our experienced family lawyers understand how to approach the unique family law cases this city presents. San Jose is currently the 3rd most populous city in California and is a notable center for technological innovation. As a part of Silicon Valley, there is an abundance of high-stakes family law cases that arise from affluent families in San Jose. 

 

Modern Family Laws attorneys have the experience necessary to help our San Jose clients navigate the difficult matters presented by the area’s family law cases. Much like the city of San Jose, our attorneys utilize innovation and technology to help our clients resolve their family conflicts. It is important to have a knowledgeable and compassionate family law attorney to provide you with guidance when facing these difficult and life-changing times. While divorce and matters related to family law can often feel like the end, our family law attorneys in San Jose will help you refocus on the most important factors of your case. They will guide you to a successful resolution to your case so you can gain a fresh start in your life.

What Practice Areas Are Included In
San Jose Family Law?

Divorce in San Jose

When couples in San Jose come to the difficult decision to end their marriage it is important to understand the steps involved. In San Jose, the legal term for a divorce is a dissolution of marriage. The first step is to make sure you meet the residency requirements required to file for divorce in San Jose, CA.

 

In order to file for dissolution of marriage in San Jose, you and your spouse are required to have resided in the state of California for a minimum of 6 months. Additionally, you must have been a resident of Santa Clara County for at least 3 months prior to filing for divorce in San Jose.

 

If you meet the necessary residency requirements to file for dissolution of marriage in San Jose, you will next need to obtain, prepare, and file your completed divorce paperwork. You will also need to pay the filing fees with the county clerk’s office.

 

The forms you will need depend on whether you and your spouse agree to the divorce. Navigating this complicated process can be stressful. Our family law attorneys in San Jose are happy to help guide you through the necessary steps to restart your life. Please give us a call or schedule a free consultation with us today!

Child Custody in San Jose

When divorced or separated parents are unable to agree on matters of child custody, it comes to the court’s discretion to decide parental rights and responsibilities. Courts in San Jose take this very seriously and make it their top priority to base these difficult decisions on what is in the best interest of the child(ren) involved. The types of custody parents can be awarded by the courts are discussed below.

 

Legal Custody – This refers to the responsibility to make important decisions with regards to your child(ren)s life. These include decisions involving education, health care, religion, travel, and residence. A court can award either sole legal custody or joint legal custody to parents. When joint legal custody is awarded both parents share in the responsibility to make these decisions. Conversely, sole custody means that only one parent is granted the decision-making rights and responsibilities.

 

Physical Custody – This refers to which parent the child(ren) lives with after a divorce or separation. As with legal custody, a court can either award joint or sole (primary) physical custody. Joint physical custody means that the child(ren) split time living with both parents. Sole or primary physical custody means that the child(ren) spends most of their time living with one of the parents while in most instances the other parent will be granted visitation rights.

 

At Modern Family Law, our San Jose family law attorneys understand how immensely difficult matters of custody are and how important it is to provide the best life for your child(ren). Please let us help guide you through these burdensome times so you can start fresh with the best possible outcome for your child(ren). Schedule a free consultation with us today to discuss your options or give us a call!

Child Support in San Jose

Child support is defined as the amount of money that a court orders a parent or both parents to pay every month. This money is intended to help pay for the support of the child(ren) and their living expenses.

 

The court bases its child support decision on a parent’s net disposable income. This equates to a parent’s income after state and federal taxes and other required deductions have been removed. The court may also take into consideration regularly occurring bonuses,  overtime payments, and commissions. You can read our general overview of child support to gain a better understanding or try our California child support calculator.

Separation in San Jose

In San Jose, married couples are permitted the option to legally separate from one another. A legal separation is an official court order outlining the guidelines for you and your spouse to live apart from one another without making the permanent decision to get a divorce. This provides married couples with time to decide whether they want to work on their differences or eventually dissolve their marriage. This option allows you to create financial boundaries, allocate asset and debt responsibilities, and outline child custody.

 

To file for legal separation in San Jose, one of the separating parties must be a legal resident of California. Since California is a no-fault state, you won’t need to provide any wrongdoing by your partner to legally separate. Instead, you can state irreconcilable differences as the reasoning that you are filing to separate.

 

We understand that deciding to separate from your partner is never an easy decision to make. It is important to do your research, reduce conflict between you and your partner, and ensure you are making the best decision for your future. Our experienced family law attorneys in San Jose are prepared to discuss and guide you through this strenuous time. Give us a call or schedule a free consultation to discuss your separation options.

Paternity in San Jose

In paternity cases, also referred to as parentage cases, the court makes orders that say who the child’s legal parents are.

 

If parents are married when a child is born, there is usually no question about parentage. The law assumes that the married persons are the child’s legal parents. Therefore, parentage is automatically established in most cases.

 

When parents are not married, the parentage of their children needs to be established legally. San Jose offers several options for establishing paternity.

 

1) Sign a Voluntary Declaration of Paternity – This voluntary legal declaration must be agreed upon and signed by both unmarried parents to establish the child’s legal parents. This declaration can be signed at the hospital when a child is born or at a later date.

 

2) Local Child Support Agency – Santa Clara County’s department of child support services offers a free service in which they will bring an action to establish your child’s parentage. Included in this action is an order for child support. Contact the office to set up an appointment to open a case for parentage and support.

 

3) Go To Court Yourself – You may handle your own case in court to establish parentage. In your parentage case, you are able to ask for orders related to child visitation rights, custody, and support. You will be required to complete, serve, and file all your own court forms and you may need to present your case before a judge. While it is possible to represent yourself, establishing parentage can be complicated and confusing.

 

Our experienced family law attorneys are happy to help you navigate matters of parentage. Contact us today or schedule a free consultation to discuss your case with our family law attorneys in San Jose.

Spousal Support in San Jose

When a married couple decides to get divorced or legally separated, the court may order one of the divorced parties to pay the other monthly support money. these payments are known as spousal or partner support and can sometimes be referred to as alimony.

 

In these cases, a judge must consider many factors to determine how much is paid to spousal support. This includes how much each person makes, how marketable their skills are, the extent of their earning capacity, and the length of the marriage. You can get a good idea of what these payments may look like by using our California spousal support calculators.

Schedule Your Free Consultation!

View Our California
Calculators


Family Law in
San Jose, CA

Modern Family Laws attorneys have the experience necessary to help our San Jose clients navigate the difficult matters presented by the area’s family law cases. Much like the city of San Jose, our attorneys utilize innovation and technology to help our clients resolve their family conflicts. It is important to have a knowledgeable and compassionate family law attorney to provide you with guidance when facing these difficult and life-changing times. While divorce and matters related to family law can often feel like the end, our family law attorneys in San Jose will help you refocus on the most important factors of your case. They will guide you to a successful resolution to your case so you can gain a fresh start in your life.

What Practice Areas
Are Included In
San Jose Family Law?

When couples in San Jose come to the difficult decision to end their marriage it is important to understand the steps involved. In Palo Alto, the legal term for a divorce is a dissolution of marriage. The first step is to make sure you meet the residency requirements required to file for divorce in San Jose, CA.

 

In order to file for dissolution of marriage in San Jose, you and your spouse are required to have resided in the state of California for a minimum of 6 months. Additionally, you must have been a resident of Santa Clara County for at least 3 months prior to filing for divorce in San Jose.

 

If you meet the necessary residency requirements to file for dissolution of marriage in San Jose, you will next need to obtain, prepare, and file your completed divorce paperwork. You will also need to pay the filing fees with the county clerk’s office.

 

The forms you will need depend on whether you and your spouse agree to the divorce. Navigating this complicated process can be stressful. Our family law attorneys in San Jose are happy to help guide you through the necessary steps to restart your life. Please give us a call or schedule a free consultation with us today!

In San Jose, when divorced or separated parents are unable to agree on matters of child custody, it comes to the court’s discretion to decide parental rights and responsibilities. Courts in San Jose take this very seriously and make it their top priority to base these difficult decisions on what is in the best interest of the child(ren) involved. The types of custody parents can be awarded by the courts are discussed below.

 

Legal Custody – This refers to the responsibility to make important decisions with regards to your child(ren)s life. These include decisions involving education, health care, religion, travel, and residence. A court can award either sole legal custody or joint legal custody to parents. When joint legal custody is awarded both parents share in the responsibility to make these decisions. Conversely, sole custody means that only one parent is granted the decision-making rights and responsibilities.

 

Physical Custody – This refers to which parent the child(ren) lives with after a divorce or separation. As with legal custody, a court can either award joint or sole (primary) physical custody. Joint physical custody means that the child(ren) split time living with both parents. Sole or primary physical custody means that the child(ren) spends most of their time living with one of the parents while in most instances the other parent will be granted visitation rights.

 

At Modern Family Law, our San Jose family law attorneys understand how immensely difficult matters of custody are and how important it is to provide the best life for your child(ren). Please let us help guide you through these burdensome times so you can start fresh with the best possible outcome for your child(ren). Schedule a free consultation with us today to discuss your options or give us a call!

In San Jose, child support is defined as the amount of money that a court orders a parent or both parents to pay every month. This money is intended to help pay for the support of the child(ren) and their living expenses.

 

The court bases its child support decision on a parent’s net disposable income. This equates to a parent’s income after state and federal taxes and other required deductions have been removed. The court may also take into consideration regularly occurring bonuses,  overtime payments, and commissions. You can read our general overview of child support to gain a better understanding or try our California child support calculator.

In San Jose, married couples are permitted the option to legally separate from one another. A legal separation is an official court order outlining the guidelines for you and your spouse to live apart from one another without making the permanent decision to get a divorce. This provides married couples with time to decide whether they want to work on their differences or eventually dissolve their marriage. This option allows you to create financial boundaries, allocate asset and debt responsibilities, and outline child custody.

 

To file for legal separation in San Jose, one of the separating parties must be a legal resident of California. Since California is a no-fault state, you won’t need to provide any wrongdoing by your partner to legally separate. Instead, you can state irreconcilable differences as the reasoning that you are filing to separate.

 

We understand that deciding to separate from your partner is never an easy decision to make. It is important to do your research, reduce conflict between you and your partner, and ensure you are making the best decision for your future. Our experienced family law attorneys in San Jose are prepared to discuss and guide you through this strenuous time. Give us a call or schedule a free consultation to discuss your separation options.

In paternity cases, also referred to as parentage cases, the court makes orders that say who the child’s legal parents are.

 

If parents are married when a child is born, there is usually no question about parentage. The law assumes that the married persons are the child’s legal parents. Therefore, parentage is automatically established in most cases.

 

When parents are not married, the parentage of their children needs to be established legally. San Jose offers several options for establishing paternity.

 

1) Sign a Voluntary Declaration of Paternity – This voluntary legal declaration must be agreed upon and signed by both unmarried parents to establish the child’s legal parents. This declaration can be signed at the hospital when a child is born or at a later date.

 

2) Local Child Support Agency – Santa Clara County’s department of child support services offers a free service in which they will bring an action to establish your child’s parentage. Included in this action is an order for child support. Contact the office to set up an appointment to open a case for parentage and support.

 

3) Go To Court Yourself – You may handle your own case in court to establish parentage. In your parentage case, you are able to ask for orders related to child visitation rights, custody, and support. You will be required to complete, serve, and file all your own court forms and you may need to present your case before a judge. While it is possible to represent yourself, establishing parentage can be complicated and confusing.

 

Our experienced family law attorneys are happy to help you navigate matters of parentage. Contact us today or schedule a free consultation to discuss your case with our family law attorneys in San Jose.

In Palo Alto, when a married couple decides to get divorced or legally separated, the court may order one of the divorced parties to pay the other monthly support money. these payments are known as spousal or partner support and can sometimes be referred to as alimony.

 

In these cases, a judge must consider many factors to determine how much is paid to spousal support. This includes how much each person makes, how marketable their skills are, the extent of their earning capacity, and the length of the marriage. You can get a good idea of what these payments may look like by using our California spousal support calculators.

Schedule Your Free Consultation!

View Our California
Calculators


Our Attorneys Are Ready To Listen

Our experienced family law attorneys in San Jose have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

Our Unique Approach to San Jose Family Law

At Modern Family Law we understand the difficult situations our clients are facing when they come to us. We get called when individuals are at the lowest points in their lives. Our San Jose family law attorneys make it a priority to approach every individual in a compassionate, empathetic, and professional manner. We want you to feel comfortable and supported when speaking with our attorneys, not intimidated or belittled. Each of our attorneys has chosen this field because they want to make a difference in a personal and real way. 

 

Family Law is what we do all day, every day.  Our lawyers, learn it, master it, and practice it.  Our whole team is built around the idea of helping clients successfully come through their family law cases with the best shot at a fresh start. We understand how overwhelming, confusing, and scary family law matters can be. Our San Jose family lawyers are prepared to listen to your situation, discuss your intended goals, and provide you with valuable guidance to help you get through this difficult time in your life. Here are some of the unique ways we can help you.

Compassionate Mission

We understand how emotionally taxing family law matters can be. Our first step in every case is to listen and understand the difficult situations our clients are facing. We are then able to provide empathetic counseling and guidance so our clients reach the best possible outcome. We specialize in finding real solutions for our clients’ disputes, we pride ourselves on being knowledgeable, helpful, reliable, and compassionate in approaching every case we handle.

Flexible Fees & Costs

One of the most daunting aspects for anyone facing a family law matter is the cost associated with their case. Our professional family lawyers in San Jose are prepared to discuss what leads to cases becoming so expensive. Once you are armed with this knowledge, it will help you make decisions that can save you money in your case. As an innovative family law firm, we also provide different payment options to help our clients afford the representation they deserve!

Modern Approach

We take a modern approach to family law in several facets of what we do. First, we understand that families don’t look the way they used to. We are enthusiastic about helping you find a winning solution no matter what your family looks like. Additionally, we take a modern approach in the courtroom. Instead of wasting precious time printing all of the legal documents in our cases, we instead utilize technology to help our productivity and to save you money.

Our Unique
Approach to
San Jose Family Law

At Modern Family Law we understand the difficult situations our clients are facing when they come to us. We get called when individuals are at the lowest points in their lives. Our San Jose family law attorneys make it a priority to approach every individual in a compassionate, empathetic, and professional manner. We want you to feel comfortable and supported when speaking with our attorneys, not intimidated or belittled. Each of our attorneys has chosen this field because they want to make a difference in a personal and real way. 

 

Family Law is what we do all day, every day.  Our lawyers, learn it, master it, and practice it.  Our whole team is built around the idea of helping clients successfully come through their family law cases with the best shot at a fresh start. We understand how overwhelming, confusing, and scary family law matters can be. Our San Jose family lawyers are prepared to listen to your situation, discuss your intended goals, and provide you with valuable guidance to help you get through this difficult time in your life. Here are some of the unique ways we can help you.

Compassionate Mission

We understand how emotionally taxing family law matters can be. Our first step in every case is to listen and understand the difficult situations our clients are facing. We are then able to provide empathetic counseling and guidance so our clients reach the best possible outcome. We specialize in finding real solutions for our clients’ disputes, we pride ourselves on being knowledgeable, helpful, reliable, and compassionate in approaching every case we handle.

Flexible Fees & Costs

One of the most daunting aspects for anyone facing a family law matter is the cost associated with their case. Our professional family lawyers in San Jose are prepared to discuss what leads to cases becoming so expensive. Once you are armed with this knowledge, it will help you make decisions that can save you money in your case. As an innovative family law firm, we also provide different payment options to help our clients afford the representation they deserve!

Modern Approach

We take a modern approach to family law in several facets of what we do. First, we understand that families don’t look the way they used to. We are enthusiastic about helping you find a winning solution no matter what your family looks like. Additionally, we take a modern approach in the courtroom. Instead of wasting precious time printing all of the legal documents in our cases, we instead utilize technology to help our productivity and to save you money.

Frequently Asked Questions About San Jose Family Law

How much does a family lawyer 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 family law attorney in San Jose. You may also be interested in our California attorney fees calculators to help you determine costs.

Is parenting time the same as custody?

Custody is really two different child-centered ideas – parenting time and decision-making. A potential client’s use of the word “custody” may be referring to one, or both of these responsibilities. Either way, it’s best for all involved to understand the terms being used. Read more about the distinction between these terms.  

What should I expect from mediation?

Family court mediation often represents the best chance at a thoughtful, customized resolution of your divorce case. Almost all participants find these sessions to be helpful, even if they were unable to resolve issues in their case. Mediators are not advocates and are not judges, but they do make great listeners.

 

There are different structures for mediation. Some are conducted without, or prior to, any filing in court, and without lawyers. These settlement conferences may be helpful in resolving immediate disputes, but they’re often inadequate at determining longer-term, or more significant issues.

 

Read more about the types of mediation and what to expect.

Frequently Asked Questions About
San Jose Family Law

How much does a family lawyer 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 family law attorney in San Jose. You may also be interested in our California attorney fees calculators to help you determine costs.

Is parenting time the same as custody?

Custody is really two different child-centered ideas – parenting time and decision-making. A potential client’s use of the word “custody” may be referring to one, or both of these responsibilities. Either way, it’s best for all involved to understand the terms being used. Read more about the distinction between these terms.  

What should I expect from mediation?

Family court mediation often represents the best chance at a thoughtful, customized resolution of your divorce case. Almost all participants find these sessions to be helpful, even if they were unable to resolve issues in their case. Mediators are not advocates and are not judges, but they do make great listeners.

 

There are different structures for mediation. Some are conducted without, or prior to, any filing in court, and without lawyers. These settlement conferences may be helpful in resolving immediate disputes, but they’re often inadequate at determining longer-term, or more significant issues.

 

Read more about the types of mediation and what to expect.

Why Hire Modern Family Law

Our San Jose family law attorneys are passionate about helping others. We strive to provide a compassionate environment for our clients to feel respected and cared for. We understand that every case is unique. As such, our attorneys will listen to the details of your case and review your goals and concerns with you. With an empathetic approach, Modern Family Law’s attorneys will provide you with valuable guidance to navigate the particulars of your family law matter.

 

Family matters can be expensive and fueled by emotion. We are proud to offer a number of ways to help pay for our service. One is our innovative SimpleStart™ Program. Qualify to reduce the initial cost needed upfront and simply pay the client’s bill every two weeks.

 

Our mission of compassion has been the winning ingredient for many that find themselves in tough situations and why we are growing across the country. Why would you want more conflict to get out of a bad environment? The best thing someone can do for themselves is to end on the best note possible and find a new beginning as soon as possible.

Our San Jose Office Location

Additional Family Law Practice Areas

Family law includes a wide array of cases that deal with relationships and the children of relationships.  Typically, family law includes the following practice areas:

Why Hire
Modern Family Law

Our San Jose family law attorneys are passionate about helping others. We strive to provide a compassionate environment for our clients to feel respected and cared for. We understand that every case is unique. As such, our attorneys will listen to the details of your case and review your goals and concerns with you. With an empathetic approach, Modern Family Law’s attorneys will provide you with valuable guidance to navigate the particulars of your family law matter.

 

Family matters can be expensive and fueled by emotion. We are proud to offer a number of ways to help pay for our service. One is our innovative SimpleStart™ Program. Qualify to reduce the initial cost needed upfront and simply pay the client’s bill every two weeks.

 

Our mission of compassion has been the winning ingredient for many that find themselves in tough situations and why we are growing across the country. Why would you want more conflict to get out of a bad environment? The best thing someone can do for themselves is to end on the best note possible and find a new beginning as soon as possible.

Our San Jose
Office Location

Additional Family Law
Practice Areas

Family law includes a wide array of cases that deal with relationships and the children of relationships.  Typically, family law includes the following practice areas:

Meet Our Team Of Experienced
San Jose Family Law 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 divorce calculators just for you, so you know what to expect every step of the way.

Additional Resources About
San Jose Family Law

Completing an Uncontested Divorce in California

Completing an Uncontested Divorce in California

An uncontested divorce in California can seem to be painless up front, but things can turn quickly. Understanding how to file correctly can help you.

Understanding Child Custody In California

Understanding Child Custody in California

Learn about child custody in California and how the law impacts your parenting time, decision-making, and ultimately your rights as a parent.

I'm Transgender, Does That Make Getting Married Harder

I'm Transgender, Does That Make Getting Married Harder?

Your biological sex assigned at birth cannot affect your ability to marry. However, there are some steps you should consider taking when heading for marriage. Read this article to learn more!


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