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Facing a divorce in San Jose can quickly feel overwhelming. You're dealing with the emotions of ending a marriage while trying to make sense of a complicated legal process. How do I file? How will our assets and debts be divided? How will custody of our children be decided? During this difficult time, remember that you don't have to face it alone.
At Modern Family Law, our experienced and compassionate San Jose divorce attorneys are committed to guiding you through the complexities of divorce, helping you understand your options and building a plan for the future. We'll keep you informed about every part of your case so you can make confident decisions along the way.
The more you understand the divorce process, the better prepared you'll be for what's ahead. Our San Jose divorce attorneys will listen to the specifics of your case, set realistic expectations and help you prepare for life after divorce.
Schedule a Free ConsultationCalifornia is a no-fault divorce state. The spouse or domestic partner asking for the divorce doesn't have to prove the other did anything wrong. One spouse only needs to state that the marriage has broken down and can't be saved, known legally as "irreconcilable differences." (California also recognizes permanent legal incapacity to make decisions, but it's rarely used.)
When you first decide it's time to divorce, there's a lot to consider. Plan ahead: think about how you want to handle your case and what your goals are. Planning early and talking with an experienced divorce lawyer can save you time and money once you're in the court process.
The most common way a divorce becomes a financial burden is unmanaged, unreasonable conflict with your spouse. Most high-conflict cases are created early. Someone says something they can never take back, or makes a false allegation out of fear, and the case heads down a path of no return. Small mistakes or misunderstandings at the start blossom into new fights. That's why we work hard with our clients from day one to steer away from a high-conflict case.
Our Attorneys Are Ready to Listen. Our San Jose divorce attorneys have the knowledge, resources and dedication to prepare your case, protect your interests and work toward the best possible outcome.
Schedule a ConsultationWe're not fans of surprises, and we suspect you aren't either. We built these calculators so you know what to expect every step of the way.
You can file for divorce yourself, or you can hire a divorce attorney to complete and file the paperwork for you. Our San Jose divorce attorneys can take some of the stress off by making sure everything is completed and filed correctly. If you'd rather handle filing yourself, here are the basic steps. Keep in mind there are many forms along the way, and it gets complicated quickly, especially if you need orders for support, custody or property division.
To file for divorce in California, either you or your spouse must have lived in the state for at least 6 months, and in Santa Clara County for at least 3 months, right before filing. If you don't meet the county requirement yet, you can file for legal separation and amend to divorce once you do.
You'll complete a Petition (form FL-100) and a Summons (form FL-110), plus any other forms your case needs, such as a declaration about your children. Be accurate and complete so the forms reflect your position, especially if you expect to disagree with your spouse on the issues they cover. Couples who agree on everything may be able to file one joint petition together (form FL-700).
File your signed forms with the Santa Clara County Superior Court and pay the filing fee, unless you qualify for a fee waiver. The clerk will stamp your forms, assign a case number and return copies to you. Many forms can now be filed electronically.
After filing, your spouse must be formally served with copies of your papers. Someone 18 or older who isn't you must deliver them. That person then completes a Proof of Service of Summons (form FL-115), which you file with the court. Your spouse then has 30 days to respond.
California law requires you and your spouse to exchange written information about what you own and owe, and about your income and expenses. This is called "disclosure." You can serve your preliminary disclosures with your petition, but no later than 60 days after filing.
California has a mandatory 6-month waiting period. It starts on the date your spouse is served or first appears in the case, not the date you file. Once that time has passed and your judgment paperwork is complete and correct, a judge can sign your final judgment, often without either spouse going to court. Your divorce is final when the judgment is entered.
Our San Jose divorce attorneys understand how overwhelming the process can be. We'll listen to the specifics of your case, pay close attention to your concerns and goals, and give you clear, practical guidance to help you through this difficult time and start your life renewed.
Frequently asked questions
Everyone wants to be careful with attorney fees, us included. The biggest factor in the cost of a divorce is the level of conflict, and how much conflict a case will have is often unknown or underestimated at the start. Other factors include complex assets, like stock compensation or a business, and choosing an attorney for reasons unrelated to your goals. We can't quote a final total at the start, but we can explain how each factor affects cost. See our Fees & Costs page or try our attorney fees calculator.
Yes. Either you or your spouse must have lived in California for at least 6 months and in Santa Clara County for at least 3 months before filing.
Yes. California law requires at least 6 months from the date the other spouse is served or appears in the case. Many divorces take longer, depending on how quickly the issues are resolved.
Yes. Since January 1, 2026, couples who agree on all issues can file a single Joint Petition (form FL-700). In a joint case, the court won't make temporary orders, so this works best when you already agree.
California is a community property state. Property and debts acquired during the marriage are generally split equally, while separate property, like what you owned before marriage or received as a gift or inheritance, usually stays with that spouse. Learn more about community property in California.
Our compassionate San Jose divorce lawyers understand the emotional, overwhelming situations our clients face. Every case is unique, and you deserve the time it takes to listen to every detail of yours. Once we fully understand your case, we can give you clear guidance so you can reach the best possible outcome for you and your family.
The best way through a divorce is to be prepared. Knowing the process helps you make better decisions and lessens surprises along the way. Talk with one of our San Jose divorce attorneys about the specifics of your case to make sure you're making the right decisions.
We also understand the financial burden divorce can bring. Our SimpleStart™ program gives qualified clients a way to reduce the money needed to start their case. Ask about it during your free consultation.
Divorce is a life-changing event, and it can take time and energy to move on. You may be struggling with the decision to end your marriage and wondering what your future will look like. Start by learning as much as you can about the divorce process in San Jose. Then focus on yourself: get back into a routine and start fresh.
Rachel McKenzie
Managing Attorney San Jose, CA Meet Rachel
Sonia Bakshi
Associate Attorney San Jose, CA Meet Sonia
Erin Conghuyen
Associate Attorney San Jose, CA Meet Erin
Jennifer Cima
Associate Attorney San Jose, CA Meet Jennifer
Georgi Roll
Associate Attorney San Jose, CA Meet Georgi
Niraimathi Nagarajan
Associate Attorney San Jose, CA Meet Niraimathi
Maritza Ortiz-Urrutia
Associate Attorney San Jose, CA Meet Maritza
Gabriel Ignacio
Associate Attorney San Jose, CA Meet GabrielDivorce has many parts, and no two cases are the same. You don't need to understand every detail, but the more you know, the easier the process will be.
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.
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