Frank J. Prainito


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Dissolution of marriage, otherwise known as divorce, encompasses several issues that will impact your future in many ways.  If you are considering filing for divorce, have already begun the process, or have been served by your spouse, it is wise to consult with a San Jose divorce to properly identify the issues in your specific case. Our San Jose divorce lawyers will also advise you of your rights and obligations under the laws of California.

General Information Pertaining to California’s Divorce Law

Under  California Family Code §2335, the state adopted “no fault” divorce.  A no fault divorce provides that neither spouse need demonstrate any wrongdoing in order to file for divorce in California. This means that the grounds for divorce may be established relatively easily.  Generally, a spouse will petition for divorce based on irreconcilable differences under California Family Code §2310(a).  In rare circumstances, a spouse may also base his or her request on incurable insanity per California Family Code §2310(b).  Either way, California divorce law does not allow one spouse to prevent the other spouse from filing for and obtaining a divorce if they so desire.  Even though California is a “no fault” divorce state, it is important to keep in mind that the parties’ conduct during marriage and separation can have a significant effect on issues of support, attorney’s fees, and even community property distribution.

In addition to dissolution of marriage, the Court, in its discretion, may hold that a valid marriage never existed and is therefore void or voidable.  

Contested Divorce in California

When both parties can not come to an agreement as to the terms of divorce, it is referred to as a contested divorce. Generally, a contest divorce occurs where there are significant disputes pertaining to child custody and visitation, spousal support, child support, and asset distribution Asset distribution includes but is not limited to the marital home, bank accounts, retirement accounts, stocks, and/or community owned business.  A contested divorce can often be settled amicably, but this may require complicated negotiation and tenacious advocacy to avoid a trial on the contested issues.  The San Jose divorce lawyers at Hoover Krepelka is ready to provide you with the savvy and sophisticated legal support necessary to ensure the most favorable outcome of your divorce.  We will  assert your rights and protect your financial and legal interests.

Uncontested Divorce in California

An uncontested divorce involves spouses that come to an agreement as to the separation and the terms of the dissolution of marriage. Specifically, the parties come to an agreement on all applicable issues in their divorce case, including child custody and visitation, child and spousal support, and division of community property and debts. When parties cannot agree on these issues, a trial is often necessary to resolve the the contested matters.

It may seem that an uncontested divorce is simple and straightforward, however, it is important to retain our experienced San Jose divorce lawyers to ensure that your interests are protected.  While the parties involved in an uncontested divorce in California may want to separate amicably, there can be complex issues that require legal guidance in order to resolve.  Our divorce attorneys will review your case in depth to ensure that nothing is overlooked and that you get what you are entitled to.   The San Jose divorce lawyers at Hoover Krepelka, LLP will stand behind the entire time. We will assist you in drafting your marital settlement agreement, while striving to finalize the dissolution process quickly and smoothly.

Summary Dissolution in San Jose

Summary dissolution is generally an inexpensive option for spouses or domestic partners who satisfy specific requirements.  In situations where spouses have been married for less than five years, have no children, do not own real property, and have minimal debts or assets, summary dissolution may be appropriate.  Additionally, summary dissolution in California is advantageous because it allows spouses or domestic partners to obtain a divorce without the need for formal court hearings or appearances.

Residency Requirements For a Divorce in California

Under Family Code §2320, a judgment for dissolution of marriage will not be granted unless one of the spouses has been domiciled in California for at least 6 months and also a resident in the county, where the divorce is filed, for a minimum of 3 months.

If the residency requirement is not satisfied, you may still be able to file for legal separation.  In California, this allows a spouse to seek child and spousal support orders, custody orders, attorneys’ fees, and community property distribution orders.  Once the petitioning spouse meets the domicile requirements, the legal separation proceedings can be converted into a dissolution of marriage proceeding.

Waiting Period

Parties typically want to know how long it may take to finalize a divorce. Under California Family Code §2339, a divorce can only be finalized if six months from the date of service of process on the other spouse of the summons and petition for dissolution  has elapsed or six months from the first appearance of the respondent spouse, whichever occurs first.

If all of the issues are not resolved after six month and the petitioning spouse or both spouses desire to terminate their marital status, the Court may make a ruling on the issue of marital status while preserving the court’s jurisdiction the unresolved issues.  If you want to terminate your marital status while other issues are still pending, or if your spouse is doing so, you should definitely consult with a san Jose divorce lawyer about the protections that may be requested and ordered by the Family Court.  The family law lawyers at Hoover Krepelka. LLP can guide you through the process and explain the orders that may be put in place by the Court.

Do I need San Jose divorce lawyers?

If you choose to proceed In Pro Per, it can be extremely risky for many reasons.  In both uncontested and contested divorces, you may encounter unforeseen issues that can significantly impact you in the future.  You may also not be familiar with your rights and responsibilities under California’s divorces laws.  Retaining an knowledgeable and experienced San Jose divorce lawyer to represent your interests is critical.

The San Jose divorce lawyers at Hoover Krepelka, LLP understand that separation and divorce can be financially and emotionally difficult. During this trying time, our divorce lawyers will remain by your side throughout the entire process and take control of the daily legal tasks and discussions that cause conflict and emotional distress.  If you have any questions and concerns about your divorce case, call us at  (408) 389-7099. for a risk free consultation.

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