San Jose Divorce Lawyer
Seabrook Law Offices strives to make the divorce process as easy as possible for families.
Divorce in San Jose
A divorce is possibly the most stressful thing you can go through in life. You expected your marriage to last forever, and now that it isn’t, you might find yourself staying up at night. You may even be worried about who will get custody of the children or how your property will be divided.
Our firm understands how draining the process can be and provides ample support, including access to mental health professionals. We will help you emotionally and legally as you navigate this difficult time. That includes negotiating with the other party to iron out an agreement without litigating the divorce, although we will take the case to court if needed. Contact our San Jose divorce lawyer today to discuss negotiation, mediation, and litigation.
Issues Settled in a Divorce
Your San Jose divorce lawyer can help you settle various issues so you can move forward with the divorce. Your marital settlement agreement might need to include:
- Child custody
- Visitation schedule
- Child support
- Division of property
- Spousal support
Grounds For Divorce In San Jose
California is a no-fault divorce state, meaning you don’t have to prove that the other party did something wrong to receive a divorce decree. Instead, you can file for divorce due to irreconcilable differences or permanent legal incapacity to make decisions.
Even though the court doesn’t consider abuse and other factors when granting a divorce, you should share all relevant information with your San Jose divorce lawyer. If you’re a victim of domestic violence, you might need a restraining order to protect yourself and your family. Additionally, domestic violence and criminal actions can impact child custody agreements. Finally, if you are a victim, you will not have to pay your abuser spousal support, even if you were the sole earner during the marriage.
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Why Choose Seabrook Law Offices?
If you and the other party cannot agree on the issues, you can undergo divorce mediation. A San Jose divorce lawyer can act as a neutral mediator for both parties. Mediation proceedings are private, amicable, and typically more affordable than a litigated divorce. Also, many families find that mediation is much easier on them, especially when young children are involved. It’s easier for children when their parents work out their issues and come to an agreement behind closed doors.
The mediator will use non-adversarial negotiation techniques to help both parties agree on issues such as property division and child custody and support. Mediation is non-binding, so you don’t have to agree to anything unless you wish to do so. Once both parties come to an agreement, the mediator will type it up. After you sign it, the mediator will send it to a judge for approval. If you’re interested in an uncontested divorce, contact us to discuss mediation.
Property Division In California
As a community property state, the assets California couples acquire while married belong to both parties and will be divided equally upon divorce. However, all assets purchased before the marriage and after the separation are considered separate property. Thus, if you came into the marriage with property and bought more after you separated, those assets are yours. Additionally, inheritances and gifts are considered personal property. This can be quite confusing, so consult with a San Jose divorce lawyer to find out which property is yours and which assets you must divide.
DIY Divorce Course
If you’re on a tight budget, you might be worried about hiring an attorney for your divorce. However, we don’t believe that finances should prevent you from moving forward, so we offer a DIY Divorce Course. This course can even help if you’re going through a contentious, contested divorce. The course covers everything you need to know about divorce, including preparing and filing the petition, serving the petition, and requesting custody and visitation orders. You can even find out how to request a domestic violence restraining order. Enroll today if you want to go through the divorce process without hiring an attorney.
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