Frank J. Prainito

San Jose Divorce Attorney

San Jose Divorce Attorney

Filing for Divorce in California

Are you considering filing for divorce in California? Have you been served with divorce papers from your spouse? Then you need a San Jose divorce attorney.

If your marriage is ending, no matter the reason, then your life is at a turning point. A San Jose divorce attorney at Hoover ♦ Krepelka, LLP can help ensure that your life turns in a positive direction. Our certified family law specialists are here to safeguard your financial interests, your parental rights, and your future. The attorneys at our family law firm  have experience handling divorces that involve complex legal and personal issues. This includes convoluted property divisions, emotional child custody concerns and domestic violence.

Skillful Representation From Certified Family Law Specialists

When you contact a San Jose divorce attorney from our law firm, we will begin by developing a clear understanding of your most important goals. Every marriage is different and so is every divorce; the most important thing in any divorce proceeding is what you hope to achieve for your family by the end. Therefore, one of our lawyers will work with you to explain the process of divorce in California. Next, we will complete a comprehensive risk-benefit analysis of the various legal strategies we can employ to help you reach your goals. Then, you decide how you want to proceed. We will give you all of the information you need, but the steps we ultimately take will be up to you. One of the most important parts of our job is to advise and support your decisions.

If you can reach an agreement with your spouse on all issues, a simple uncontested divorce may not take long. You will need to make at least one court appearance. However, the hearing tends to be informal; the judge and your San Jose divorce attorney will do most of the talking.

On the other hand, if you and your spouse cannot come to an agreement regarding property division, child custody and support or other substantial matters, then the divorce process could take much longer. Still, even if you and your spouse are struggling to agree, a divorce attorney can help you resolve your disputes and come to an understanding that is best for everyone. We can negotiate with your spouse and his or her legal counsel directly. In many cases, family law mediation is also beneficial. In this process, a neutral third party, the mediator, will facilitate discussion and agreement while your attorney protects your interests and goals.

What Do I Need to Know About Property Division and Spousal Support in California?

Nearly every divorce in California involves the division of the debts and assets that you shared with your spouse during marriage. California is a community property state, meaning that any property acquired during the marriage is subject to division during dissolution. In many cases, this can mean that you must split your money and property evenly during divorce. However, there are some exceptions. For example, if you signed a prenuptial agreement, then the California community property rules may not apply.

Your San Jose divorce attorney can speak with you in greater detail about property division laws and how they apply to your unique circumstances. Additionally, few divorce cases in California involve an award of spousal support, even if the marriage was long-term. When the court does order spousal support, it is generally limited in duration.

What About a Divorce Involving Children?

If your marriage involves minor children, then you and your spouse will need to agree on a parenting plan. This plan must address physical custody, legal custody, visitation rights, and whether child support will be paid and to whom. If you cannot agree on a parenting plan, then the court will decide what is in the best interests of the children. However, mediation is typically effective in resolving child custody and support disputes. Generally, both parents want what is best for the child or children; mediation can help both parties understand what this means for their family and reach a mutually beneficial agreement.

One exception to this rule is a situation that involves a history of domestic violence or child abuse. In these cases, mediation may not be an option and you may be able to seek fill custody of your child or children. A San Jose divorce attorney can advise you of your rights and options concerning your children during divorce.

Contact a San Jose Divorce Attorney from Our Law Firm Today

If you are considering divorce or already received divorce papers, then contact Hoover ♦ Krepelka, LLP today. We always offer a complimentary one-hour case review with one of our Certified Family Law Specialists. We will listen carefully to your concerns, discuss legal options and outline a strategy to help meet your goals. Call a San Jose divorce attorney at (408) 389-7099 or contact us online to schedule a free case review.

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