Santa Clara Divorce Lawyer

Santa Clara Divorce Attorney

Getting divorced can be scary, but you should never be afraid that your rights aren’t being protected. Hiring a Santa Clara divorce lawyer will allow you to ensure that your interests are represented in negotiations and, if necessary, in court. It will also give you access to a legal professional who can offer advice, answer questions, and assist with gathering evidence if necessary.

If you’re looking for a Santa Clara divorce attorney, look no further than the Law Offices of Rod Firoozye. Our team has been practicing family law for years, and in that time, we’ve successfully taken on many complex and high-value divorce cases. We’re intimately familiar with divorce laws and how they could apply to your situation, and we can happily take the time to explain all your options as we move through the process together.

Hire a Divorce Lawyer

The median family income in Santa Clara is $173,670, which means divorcing couples often have a lot to lose. The average property value here in the heart of Silicon Valley is $1.53 million, and many families also own assets such as expensive cars and jewelry. To further complicate matters, 34.2% of households in Santa Clara County include children, which makes child custody battles relatively commonplace.

The only way to ensure that your rights are protected and your interests are supported is to hire a divorce lawyer as early on in the process as possible. We don’t just help with negotiations and trial representation. We can also help you uncover hidden assets, file paperwork, and stay on top of essential deadlines. Having a lawyer on your team also means you can stress a little less during this difficult time.

Residency Requirements for Divorce in California

In California, you need to be a state resident for at least six months before you can get a divorce and a county resident for the last three. There’s only one exception to this rule: spouses who got married in California but can’t get a divorce where they currently live are not subject to residency requirements.

Legal Grounds for Divorce in California

California is a no-fault state, which means you don’t need to claim some form of wrongdoing on your spouse’s part as a legal reason for divorce. Instead, most divorces in the Golden State are based on the grounds of irreconcilable differences. Basically, if you and your spouse no longer get along and there’s no chance of fixing your marriage, that gives you grounds for divorce.

How to File for Divorce in Santa Clara

To file for a divorce in Santa Clara, you’ll need to start by submitting Form FL-100 to the Santa Clara Superior Court. From there, you’ll serve your spouse the divorce papers, and the process will get started in earnest.

Contested vs. Uncontested Divorces

The legal process for contested vs. uncontested divorces is slightly different. With an uncontested divorce, you and your spouse agree on all aspects of the divorce agreement. It can take some negotiation and the help of a mediator to get to this point, but you don’t have to go to court to get a judge’s ruling on asset division, child custody, or alimony payments. You simply reach an agreement, submit the paperwork, and wait for the judge to sign off.

With a contested divorce, you’ll need to go to trial. Expect to file more paperwork and wait longer to see results. During the trial, a judge will decide on key aspects of your divorce agreement, such as who will take care of any children, how assets and debts will be split up, and whether one party will have to make spousal support payments to the other. At the end of the process, the judge will issue a divorce decree.

FAQs

What Is the Average Cost of a Divorce Lawyer in California?

There is no average cost of a divorce lawyer in California. The cost to hire a Santa Clara divorce attorney varies based on factors like the complexity of your divorce case, whether it gets contested and has to go to court, and how experienced your legal team is with family law. To get a clear idea of what to expect, contact us to discuss the specifics of your case.

What Are the Three C’s of Divorce?

The three C’s of divorce are communication, cooperation, and compromise. If you exercise all these guiding principles during your divorce negotiations, you’ll be more likely to come to a peaceful resolution that does not require going to court. They encourage couples to work together to reach a mutually beneficial resolution instead of fighting over contentious matters like property division and child custody.

What Is the Five-Year Rule in California for Divorce?

The five-year rule in California for divorce refers to the time limit for summary dissolution. The summary dissolution of a marriage is a simplified form of divorce that costs less than a traditional one. Only couples who have been married less than five years, have no children, own no property together, and have little debt are eligible for this simpler, faster process.

What Is the Difference Between a Divorce Attorney and a Divorce Lawyer?

There is no functional difference between a divorce attorney and a divorce lawyer. The two terms are used interchangeably to describe legal professionals who practice family law. While the term attorney is sometimes associated with being licensed to practice in court, and ” lawyer is a more general term referring to someone with a legal education, you’ll hear both terms used in the same contexts.

Santa Clara Divorce Lawyer

Divorces are stressful. You deserve to have someone on your team to take on some of the burden of filing paperwork and negotiating the terms of your divorce agreement. The Law Offices of Rod Firoozye would be happy to help. We’ve taken on countless complex and high-value divorce cases, so you can rest assured that no matter what complications you’re concerned about, we’ve seen them before. Contact us to schedule an initial consultation today.