Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
San Jose is the largest city in Northern California, which means it’s easy to find almost anything you are looking for. But sometimes, having too many options can put you in a bind.
This is particularly true when looking for divorce lawyers in San Jose. You want an attorney who understands the emotional and financial toll you are facing and who will help you get through the divorce process with the least stress possible. This guide helps you find the right lawyer to move on from your marriage.
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Best Divorce Attorneys in San Jose
Compare Top Divorce Attorneys
Filing for Divorce in California
Filing for divorce in California is often the first step in an unpleasant legal process. Even when both parties want the divorce and agree on how it should proceed, it is an emotional time fraught with legal peril. Anyone seeking a divorce in San Jose should consult with San Jose divorce lawyers to make the process go as smoothly as possible
California Divorce Requirements
California laws require at least one party in a divorce to have been a resident of the state for at least six months and to have lived in the county where the divorce is filed for at least three months.
California does not have separation requirements; you do not have to live apart from your spouse before you file for divorce
Types of Divorce and Separation in California.
There are several options for ending a marriage in California. San Jose divorce lawyers will help determine which type of divorce is optimal for their clients.
- Uncontested divorce. Both sides agree to all aspects of the divorce, and a judge doesn’t need to make any decisions. An uncontested divorce doesn’t require a trial and is usually quite inexpensive.
- Summary dissolution. This variation on an uncontested divorce can only happen when the marriage existed for less than five years, the spouses do not have children and both parties have minimal assets. It is even simpler than an uncontested divorce.
- Mediated divorce. If any aspect of the divorce is disputed, the parties can attempt to resolve these disputes through nonbinding mediation. If the negotiation is successful, the divorce can proceed under the agreed-upon terms.
- Collaborative divorce. Collaborative divorce attorneys work with each party to decide on the terms of the divorce. If the parties cannot agree, the attorneys cannot participate in future divorce litigation.
- Litigated divorce. When all else fails, the divorce is litigated by San Jose divorce lawyers at trial in front of a judge who makes final decisions about contested points. This is an adversarial process that can take years and often costs tens of thousands of dollars.
- Legal separation. A legal separation has much the same effect as a divorce, except the parties remain legally married. Separation may be the right course of action if the parties want to try to reconcile or need more time to determine how to deal with divorce issues.
California allows for no-fault divorces, which means the party who files for divorce does not have to provide the court with a reason for ending the marriage.
Child Custody, Support and Visitation in California
When divorce includes children, the divorce decree must include child custody, child support and visitation provisions. These can be agreed to by both parents as long as they are in the best interest of the children.
However, if the parents can’t agree or the agreement doesn’t protect the children, the court will step in and make decisions, keeping the children’s best interests in mind. Custody can be determined in the follow ways:
- Legal custody. A parent with legal custody has the authority to make decisions about the child’s welfare, such as where they will go to school or what medical care they receive. The judge can assign legal custody to one parent or grant joint legal custody.
- Physical custody. Physical custody refers to where the child lives. Often, one parent may receive primary physical custody with significant visitation rights for the other.
- Both parents are equal. Before taking any other factors into account, the judge starts by assuming both parents have equal rights regarding custody. That assumption is then modified by factors like the parents’ respective history with their children and the overall welfare of the children.
Property Division in California
California is a community property state. Any property or debt the spouses acquired during the marriage is divided evenly (with a few exceptions, such as gifts or inheritances).
However, this doesn’t mean that all marital property must be divided equally. If both parties agree to a settlement, the court will generally not overrule that decision.
California has few concrete laws regarding alimony (called spousal support). Typically, judges have a lot of leeway and can assign long- or short-term alimony based on whatever factors are relevant.
Finalizing Your Divorce
In California, a divorce can’t be finalized until six months after the divorce was filed with the court. Once that time has passed, the divorce is finalized as soon as a judge issues a divorce decree or approves a divorce agreement.
How Can an Attorney Help You?
You don’t have to hire an attorney to get divorced. However, it’s a good idea to seek legal representation, even if the divorce is amicable.
Divorce lawyers in San Jose will help you follow California divorce laws throughout the process. They also are familiar with alternatives like mediation that can save you money and make the process less emotionally draining.
Finally, if a divorce is adversarial, any party represented by San Jose divorce lawyers will be in a much stronger position than an unrepresented party. When both your financial future and your relationship with your children are on the line, it is not advisable to get divorced without a lawyer.
How to Find the Best Divorce Lawyer in San Jose, CA
Reading this guide is a good start to finding the best divorce lawyer in San Jose. But now you need to narrow it down. Consider the following factors when choosing a lawyer from this list.
- Assets of the marriage. High-value divorces require a significantly different approach than low-value divorces. If you or your spouse is wealthy, choose an attorney who focuses on high-value divorces.
- Training as a mediator. If you are seeking to get divorced with minimal emotional turmoil, you should hire an attorney who is trained as a mediator.
- Previous results. Before hiring a lawyer, ask them about their past results. The results that some clients consider positive may not be what you’re looking for.
Methodology
To come up with the best divorce lawyers in San Jose of 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
Does it matter if my partner cheated on me?
Probably not. While judges can take infidelity into account when making decisions regarding alimony or child custody, it isn’t likely to have a significant effect. Your attorney will help you determine whether infidelity is an issue worth raising.
What is an annulment?
An annulment is granted when the court determines that the marriage was never legal. In California, this can occur when:
• The spouses are related by blood
• At least one spouse was already married
• Either spouse was under 18
• The marriage was entered into due to fraud or threat of force
• One spouse was not of sound mind
• One spouse is unable to consummate the marriage
In these specific circumstances, the court will annul a marriage.
How much does a divorce cost in California?
The fee to file for divorce in California is $435. If the divorce isn’t contested, that may be the only cost. However, including attorney fees, the average cost of a divorce in California is close to $20,000.
