The certified family law specialists with Dominion Law Group LLP, led by San Jose divorce lawyer Kevin Hutcheson, understand that some people may want their divorce completed quickly so you could move on with their lives. Others might need more time to process the reality that their family is dissolving. We know that each person moves at the pace that is best for themselves and their children. We encourage all clients to take their time and allow us to lead you through the tumultuous waters of divorce in San Jose.
Overview of California Divorces
Section 2300 of California’s Family Code states that a judge’s order which restores each respective party to their position as unmarried people defines divorce. The former partners are single again, once the divorce becomes “final.” The unmarried individuals now have different rights and may have different responsibilities as individuals and concerning each other after their divorce decree enters.
The most contentious component of divorce is not the dissolution of the marriage. That part is easy. Dividing the marital property fairly along with allocating parental rights and responsibilities, drive bitter feuds and showdowns in court. Not every divorce case in San Jose ends in a bitter courtroom drama, thankfully.
Satisfying Residency Requirements before Filing for Divorce
Divorce statutes must be followed precisely and scrupulously to put oneself in the strongest position legally. Some people might want to take advantage of California’s divorce rules if it suits their needs. However, California Family Code §2320 provides that at least one of the people in the marriage must live in the state as a resident for a minimum of six months before filing and live in the county in which the case was filed for at least three months.
Slightly different rules apply to same-sex marriages in California. California courts will hear same-sex marriage divorces if either the parties entered the union formally in California or the state in which the couple resides refuses to hear the divorce case.
Waiting for Final Divorce Decree
California gives its residents a grace period for finalizing a divorce so that the spouses could attempt to reconcile. Therefore, Family Code §2339 requires a six-month waiting period from the time that the petition for divorce and summons to answer in court have been served on the non-moving party before the divorce becomes final. In other words, even though the parties agree immediately on the dissolution of the union, they must wait six months to become legally single again.
Grounds for Divorce in San Jose
Many people understand that California does not require the moving party to prove affirmative grounds for divorce based on fault. Instead, the moving party could allege irreconcilable differences under California’s “No-Fault” divorce law.
If one spouse claims that the marriage cannot be saved, then the judge could grant a divorce without requiring proof of wrongdoing. Before states like California allowed no-fault divorces, the moving party had to prove that his or her spouse did something wrong like commit adultery or abandon the other spouse to dissolve the marriage. California law does not require proof of wrongdoing to dissolve the marriage. Notwithstanding, the conduct of the parties is relevant to spousal support orders.
Custody, Visitation, and Support
Once the judge determines that divorce is appropriate. The court shifts its attention to three vital areas of significant contention: child custody, child support, and spousal support. The court will generally approve a divorce settlement if it is fair to both sides.
Most divorce matters end in with an agreement. Some do not and become contested divorces. Contesting issues could force the judge to decide the case at trial. However, mediation is an often-used and highly successful procedure that helps the parties reach an agreement.
Divorce Lawyers in Santa Clara County
The Santa Clara certified family law specialists with Dominion Law Group are ready to take on your divorce case. We understand how personal divorce is and will aggressively pursue all avenues to resolve your case favorably to you. Call Dominion Law Group, LLP today at 408-288-5592, to learn more.