Frequently Asked Questions
Below are some of the most common questions our Santa Clara County family law firm hears from clients. This guide cannot answer all your questions since every case is unique, but the following can give you an idea of common issues experienced.
Can my spouse and I reach our own divorce agreement?
Absolutely. Reaching a mutual agreement with your former partner is a preferable way to handle divorce and other family law issues. Of course, there’s still the legal aspect to worry about. Once you’ve reached an understanding, letting an attorney review your agreement to ensure it follows applicable laws is important.
What if I’m unsure of the parentage of my child?
Establishing the parentage of a child can be as simple as signing a document or just being married when the child is born. However, it’s possible that you might be unsure of parentage. If this is the case, the courts can order a parentage test to establish parentage. This may be necessary for issues such as child support and custody.
Is mediation always a good option?
Mediation is a great way to save time and money. However, it’s not always appropriate. In instances where domestic violence exists, it’s unlikely that a fair negotiation can occur. If one of the parties is mentally unwell or acting in bad faith (e.g., hiding assets), it’s also likely that you’ll need to retain your own attorney.
How long does spousal support last?
There is no specific length of time that alimony payments have to last. California courts frequently require these payments for half the length of any marriage that lasts less than 10 years, but this is not set in stone. A judge will consider the unique circumstances of each case along with whether and how long a spouse may need support.
Can I give up rights to a child that isn’t mine?
There are instances where an individual may wish to give up rights to a child that isn’t biologically theirs. This can happen after signing a parentage agreement without legal advice, being married to someone who was unfaithful, or through other possible scenarios. Giving up these rights — and thus parental obligations — can be complicated. Speak with a family law attorney in San Jose, CA today to learn your options.
Are prenuptial and postnuptial agreements the same under the law?
Prenuptial and postnuptial agreements are very similar under the law. Most of the requirements are the same, and the same types of issues can be listed in these marital contracts. However, a prenuptial agreement is presumed valid under California law. A postnuptial agreement is not, but you can establish its validity during a divorce.
I’m a victim of intimate partner violence. What can I do?
Family law issues can become much more complicated when domestic violence is occurring. If you find yourself in such a situation, it’s important to speak with law enforcement and a San Jose family law lawyer. There are protective options available, and the courts will consider these facts when issuing their orders.
I’ve been wrongfully accused of domestic violence. What can I do?
Domestic violence accusations can have a substantial impact on family law cases. Unfortunately, this sometimes leads dishonest individuals to make false accusations. If you’ve been wrongfully accused, we can’t assist in your criminal defense. However, we can advocate for you during your family law case.