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.

• Family Law
• Divorce
• Asset Division
• Child Custody
• Child Support
• Contested Divorce
• Divorce Appeals
• Domestic Violence
• Fathers Rights
• High Asset Divorce
• Legal Separation
• LGBTQ Divorce
• Mediation
• Military Divorce
• Paternity
• Postnup Agreements
• Prenup Agreements
• Property Division
• Restraining Orders
• Retirement & Pension Division
• Same Sex Divorce
• Uncontested Divorce

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

• Uncontested Divorce: Both spouses agree on all major issues, making the process quicker and less expensive.
• Contested Divorce: Spouses cannot agree on key issues, requiring court intervention and a judge’s decision.
• Mediated Divorce: A neutral mediator helps the spouses reach a mutually acceptable agreement.
• Collaborative Divorce: Both spouses and their attorneys work together to negotiate a settlement without going to court.
• 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.

Experienced San Jose Family Lawyers Ready to Help

Family law in San Jose, California, covers a wide range of legal matters, including divorce, child custody, child support, spousal support, adoption, domestic violence, and property division. These legal issues can be complex and emotionally charged, requiring skilled legal guidance to navigate successfully. Understanding the relevant California family laws, the local family courthouse system, and how an experienced San Jose family law firm like Argyris Mah, LLP can assist is essential for those facing family law disputes in San Jose.

Divorce and Legal Separation

Divorce is one of the most common family law matters in San Jose. California is a no-fault divorce state, meaning that neither party has to prove wrongdoing to dissolve the marriage. Instead, the most common grounds cited are irreconcilable differences. Some divorcing couples may opt for legal separation instead, which allows them to live apart while remaining legally married. This option may be beneficial for those who wish to retain certain financial or insurance benefits.

During a divorce or legal separation, several legal matters must be addressed, including:

• Division of Property: California follows community property laws, meaning all assets and debts acquired during the marriage are typically split equally.
• Spousal Support (Alimony): Courts consider factors such as the length of the marriage, each spouse’s earning capacity, and financial needs when determining spousal support.

Child Custody and Visitation

When children are involved, child custody is often the most contentious issue in family law cases. California courts prioritize the best interests of the child when determining custody arrangements. The two main types of custody are:

• Legal Custody: The right to make important decisions about a child’s health, education, and welfare.
• Physical Custody: Where the child primarily resides.

Custody can be joint (shared by both parents) or sole (granted to one parent). Additionally, visitation rights may be awarded to the non-custodial parent to ensure the child maintains a relationship with both parents.

Child Support

Child support in California is determined based on statewide guidelines that factor in both parents’ incomes, the amount of time each parent spends with the child, and other relevant costs such as healthcare and education. The Santa Clara County Department of Child Support Services (DCSS) helps enforce child support payments and ensures that children receive the financial support they need.

Domestic Violence and Restraining Orders

Victims of domestic violence in San Jose can seek protective orders (restraining orders) against their abuser. California law provides several types of restraining orders:

• Emergency Protective Orders (EPOs): Issued immediately by law enforcement.
• Temporary Restraining Orders (TROs): Short-term protection before a court hearing.
• Permanent Restraining Orders: Issued after a hearing and can last up to five years.

Domestic violence cases also impact child custody and visitation, as courts may restrict an abusive parent’s contact with the child.

Mediation in Family Law Cases

Mediation is a popular alternative to litigation for resolving family law disputes in San Jose. This process allows couples to work with a neutral third-party mediator to reach mutually agreeable solutions regarding divorce, child custody, support, and property division. Mediation is less adversarial than traditional court proceedings and often results in faster, more cost-effective resolutions. California courts, including the Santa Clara County Superior Court, encourage mediation, particularly in child custody cases, where parents are often required to attempt mediation before proceeding to trial. A successful mediation can help avoid the stress of courtroom battles while giving both parties more control over the outcome of their case.

Prenuptial and Postnuptial Agreements

Prenuptial (prenup) and postnuptial (postnup) agreements are legal contracts that outline how assets, debts, and financial responsibilities will be handled in the event of a divorce. Prenuptial agreements are signed before marriage, while postnuptial agreements are created after the couple is already married. These agreements can clarify separate vs. community property, establish spousal support terms, and help protect family businesses, inheritance, and other financial interests. California law requires these agreements to be fair, voluntary, and properly executed to be enforceable. In San Jose, many couples seek legal guidance when drafting or reviewing these agreements to ensure they comply with state laws and protect their future interests.

Paternity Cases

Establishing paternity (legal fatherhood) is necessary for unmarried parents who need to determine child custody and support. DNA testing may be required if paternity is disputed. Once established, both parents have legal rights and responsibilities toward the child.

Relevant Family Laws in San Jose

San Jose family law cases are governed by California Family Code, which includes:

• Community Property Laws (California Family Code § 760-761) – Governing property division in divorce cases.
• Best Interests of the Child Standard (Family Code § 3011) – Determining custody and visitation arrangements.
• Child Support Guidelines (Family Code § 4050-4076) – Establishing child support calculations.
• Spousal Support Laws (Family Code § 4320) – Factors influencing alimony decisions.
• Domestic Violence Protection (Family Code § 6200-6409) – Laws related to restraining orders and protective measures.

San Jose Family Courthouse

Most family law cases in San Jose are handled at the Santa Clara County Superior Court – Family Division, located at:

201 N. First Street, San Jose, CA 95113

This courthouse manages cases related to divorce, child custody, child support, adoption, domestic violence, and other family law matters. Services offered include:

• Self-Help Center: Provides assistance for individuals without attorneys.
• Mediation Services: Helps parents resolve custody disputes outside of court.
• Filing Services: Processes divorce petitions, restraining orders, and custody filings.

With extensive knowledge of California family law and experience handling cases at the Santa Clara County Superior Court, Argyris Mah, LLP is committed to achieving the best outcomes for families in San Jose. If you are facing a family law issue, consulting with Argyris Mah, LLP can provide the legal support and guidance needed to protect your rights and secure a favorable resolution. Contact us today to schedule a consultation.

Serving San Jose & Beyond

• Alameda County 
• San Mateo County
• Almaden Valley
• Blossom Valley
• Cambrian Park
• Campbell
• Cupertino
• Downtown San Jose
• Evergreen
• Gilroy
• Los Altos
• Los Gatos
• Morgan Hill
• Mountain View
• Palo Alto
• Rose Garden
• Santana Row
• Saratoga
• Silver Creek Valley
• Sunnyvale
• West San Jose
• Willow Glen

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 at 408-214-6366 for a consultation and let us help you navigate your divorce with confidence.