San Jose Divorce Lawyers

Family law issues are both complex and emotionally charged. Matters like child support, divorce, asset division, child custody, and alimony can easily get out of hand when disputes are involved. Unfortunately, this can lead to drawn-out court battles that turn costly — particularly for those who try to navigate the legal system on their own. However, you don’t have to go this route. The experienced San Jose divorce lawyers at Argyris Mah, LLP can assist you today.

At Argyris Mah, LLP, our team of legal professionals has years of experience serving our local community. We have seen how difficult these cases can become, so we strive to simplify matters for our clients. In many cases, we’re able to keep these issues out of court. If litigation is necessary, though, we’re ready to advocate tirelessly on your behalf. Contact us today to schedule your case evaluation and learn how we can assist.

Understanding the Divorce Process in California

Divorce can be a challenging and emotionally taxing process. Understanding the necessary steps and requirements can help make the process more manageable. In San Jose, CA, the divorce process typically follows these steps:

1. Filing for Divorce: One spouse (the petitioner) files a Petition for Dissolution of Marriage with the Superior Court of California in Santa Clara County. This document outlines the grounds for divorce and the desired outcomes regarding property division, child custody, and support. Argyris Mah, LLP can ensure all documents are accurately completed and filed on time, helping you avoid common pitfalls.
2. Serving the Papers: The petitioner must serve the divorce papers to the other spouse (the respondent). This can be done through a process server, sheriff, or any adult not involved in the case. The respondent has 30 days to respond.
3. Response and Counter-Petition: The respondent can file a Response to the petition, agreeing or disagreeing with the terms. They may also file a counter-petition if they have different requests.
4. Financial Disclosures: Both parties must complete and exchange financial disclosure forms, including income, expenses, assets, and debts. This ensures transparency and fairness in the division of property and determination of support.
5. Negotiation and Settlement: Many divorces are settled through negotiation or mediation. Both parties work together, often with the help of attorneys, to reach an agreement on key issues like property division, child custody, and support. Argyris Mah, LLP excels in helping you reach a fair settlement through negotiation or mediation, striving to make the process as smooth and stress-free as possible.
6. Court Hearings: If an agreement cannot be reached, the case may go to court. A judge will make decisions based on the evidence presented and California law. Argyris Mah, LLP provides robust court representation, advocating for your rights and ensuring your voice is heard.
7. Finalizing the Divorce: Once all issues are resolved, a Judgment of Dissolution of Marriage is issued. This legal document finalizes the divorce and outlines the terms agreed upon or decided by the court.

What You Need for a Divorce

• Petition for Dissolution of Marriage: The initial filing document to start the divorce process.
• Summons: Notifies the other spouse that a divorce has been filed and includes important information about the case.
• Proof of Service: Documentation that the divorce papers have been properly served to the other spouse.
• Response: The other spouse’s answer to the divorce petition.
• Financial Disclosure Forms:
  • Income and Expense Declaration: Detailed information about income and expenses.
  • Schedule of Assets and Debts: Comprehensive listing of all assets and debts.
• Child Custody and Support Forms: If applicable, forms related to child custody arrangements and child support.
• Settlement Agreement: If the spouses reach an agreement on the terms of the divorce, a written agreement must be prepared.
• Declaration of Disclosure: Confirmation that financial disclosures have been exchanged.
• Notice of Entry of Judgment: Finalizes the divorce and outlines the terms agreed upon or decided by the court.

Common Types of Divorce

1. Uncontested Divorce: Both spouses agree on all major issues, making the process quicker and less expensive.
2. Contested Divorce: Spouses cannot agree on key issues, requiring court intervention and a judge’s decision.
3. Mediated Divorce: A neutral mediator helps the spouses reach a mutually acceptable agreement.
4. Collaborative Divorce: Both spouses and their attorneys work together to negotiate a settlement without going to court.
5. Summary Dissolution: A simplified process for couples who meet specific criteria, such as a short marriage and no children or significant assets.

Factors Considered in Divorce

• Property Division: California is a community property state, meaning assets and debts acquired during the marriage are typically divided equally. Argyris Mah, LLP ensures a fair division of assets and debts, protecting your financial future.
• Child Custody and Support: Decisions are based on the best interests of the child, considering factors like each parent’s ability to care for the child and the child’s needs. Argyris Mah, LLP advocates for your rights and your child’s best interests, providing the support and guidance needed to navigate these complex issues.
• Spousal Support: Also known as alimony, determined based on factors such as the length of the marriage, each spouse’s financial situation, and contributions to the household.
• Debt Division: Debts incurred during the marriage are generally divided equally between both parties.

Serving San Jose & Beyond

• Willow Glen
• Santana Row
• Almaden Valley
• Downtown San Jose
• Rose Garden
• Evergreen
• West San Jose
• Cambrian Park
• Blossom Valley
• Silver Creek Valley
• Los Gatos
• Saratoga
• Cupertino
• Campbell

Skilled San Jose Divorce Lawyers at Argyris Mah, LLP Can Help

Argyris Mah, LLP understands the complexities of the divorce process in San Jose and is committed to providing compassionate and effective legal representation. Our experienced divorce attorneys can assist with:

• Filing and Paperwork: Ensuring all documents are accurately completed and filed on time.
• Negotiation and Mediation: Helping you reach a fair settlement through negotiation or mediation.
• Court Representation: Representing you in court if your case goes to trial.
• Child Custody and Support: Advocating for your rights and your child’s best interests.
• Spousal Support and Property Division: Ensuring a fair division of assets and debts.

At Argyris Mah, LLP, we strive to make the divorce process as smooth and stress-free as possible, providing the support and guidance you need during this challenging time. Contact our San Jose divorce attorneys today for a consultation and let us help you navigate your divorce with confidence.