DIVORCE ATTORNEY IN SANTA CLARA COUNTY, CALIFORNIA

Divorce—it's a word no married person wants to hear or experience. We get it. It's tough, emotionally draining, and it can feel like you're navigating uncharted waters alone. But please remember, it doesn't have to be that way. At The Law Offices of Steven E. Springer, we're here to guide you through this difficult time. 

Located in San Jose and Morgan Hill, California, we serve clients throughout Fremont, Hayworth, Alameda County, Santa Clara County, and Pleasanton. With over 20 years of experience under our belt, we've helped numerous clients, just like you, deal with the complexities of divorce. From understanding different types of divorce to untangling the web of property division, from ensuring the best for your children in terms of custody and support to securing fair spousal support, we've got your back. 

UNDERSTANDING DIVORCE TYPES IN CALIFORNIA

When it comes to divorce, we at The Law Offices of Steven E. Springer understand that every situation is unique. It's important to know that in California, there are two main types of divorce: contested and uncontested. In a contested divorce, you and your spouse might find yourselves disagreeing on key issues like child custody, property division, and spousal support. When this happens, it's up to the court to make the final decisions. 

On the flip side, an uncontested divorce occurs when both parties can agree on all issues without needing court intervention. This type of divorce can be less stressful and more straightforward, but it still requires careful consideration and planning.  

Contested divorces can further break down into fault and no-fault divorces. A fault divorce is where one party alleges that the other's misconduct led to the marriage's breakdown. Common grounds include adultery, cruelty, abandonment, and substance abuse. In contrast, a no-fault divorce doesn't blame either spouse for the marriage's failure, with the reason for divorce being simply irreconcilable differences. 

PROPERTY DIVISION IN DIVORCE

One of the most challenging aspects of divorce can be the division of property. In California, we follow the principle of community property, which usually means assets and debts acquired during the marriage are divided equally. Community property encompasses income, real estate, vehicles, investments, and other possessions. But remember, there can be exceptions in certain cases, such as separate property brought into the marriage or inheritances received during the marriage. 

The court takes into account various factors when determining property division, including the length of the marriage, each spouse's financial situation, contributions to the marriage, and the needs of any children involved. That's why it's crucial to gather all relevant financial information and work with us, your divorce attorneys, to ensure a fair and equitable division of property. 

CHILD CUSTODY AND CHILD SUPPORT

When children are involved, their best interests are always at the forefront in divorce cases. In California, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing like education, healthcare, and religion. Physical custody, on the other hand, determines where the child will live. 

In an ideal situation, parents can reach a mutually-agreeable parenting plan, complete with a visitation schedule, to minimize the impact on the child. But if an agreement isn't possible, the court steps in to make custody orders based on several factors, including the child's age, relationship with each parent, stability of each parent's home, and the child's preferences if they're old enough to express them. 

Child support in California is calculated using a formula that considers each parent's income, the amount of time the child spends with each parent, among other factors. The main aim of child support is to ensure that the child's financial needs are met, covering expenses for education, healthcare, and basic necessities. 

SPOUSAL SUPPORT

Also known as alimony, spousal support may come into play in certain divorce cases to provide financial assistance to the lower-earning spouse. When determining spousal support, the court takes into consideration factors like the length of the marriage, each spouse's earning capacity, contributions to the marriage, and the standard of living during the marriage.

Spousal support can take different forms, including temporary support during the divorce process and long-term support after the divorce is finalized. The amount and duration of spousal support can vary depending on the case's specific circumstances. That's why it's important to have us, your divorce attorneys, on your side to guide you through your rights and obligations regarding spousal support. 

THE DIVORCE PROCESS

The divorce process in California typically starts with one spouse filing a petition for divorce. The petitioner then serves the divorce papers to the other spouse who has a certain period to respond. If both parties can agree on all issues, they can proceed with an uncontested divorce. This process involves submitting required forms, exchanging financial disclosures, and reaching a settlement agreement. 

However, if disagreements arise on certain issues, the divorce becomes contested. In these cases, the court may require mediation or hold hearings to resolve disputes related to child custody, property division, and support. If no resolution is reached, the court will make final decisions based on the evidence presented. It's during these times that having a skilled divorce attorney becomes critical.