Los Altos Hills Divorce Lawyer

Los Altos Hills Divorce Attorney

A Los Altos Hills divorce lawyer works with clients who need to legally finalize disputes regarding the division of marital assets, domestic financial matters, and parenting issues under California divorce laws.

Generally, the divorce process involves certain court filings, financial disclosures, and negotiations with the other party. If you are facing the end of your marriage in Los Altos Hills, a divorce attorney can explain how the California family court process applies to your situation and what steps are required to finalize a divorce.

Hire a Divorce Lawyer

The Law Offices of Rod Firoozye is a Los Altos family law firm. We represent clients across Silicon Valley in complex divorce and family law issues. Rod Firoozye is a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization. The firm is experienced in high-asset divorce, complex property division, and complex custody cases.

Filing for Divorce in California

Divorce is not uncommon in the United States. In 2023, one in three Americans who had ever been married reported that their first marriage ended in divorce. According to the Judicial Council of California’s Court Statistics Report, 108,403 dissolution of marriage cases were filed in California superior courts during Fiscal Year 2023-24.

Filing for divorce in California begins when a spouse files a petition for dissolution of marriage with the appropriate superior court. For residents of Los Altos Hills, this would be the Santa Clara County Superior Court.

The spouse initiating the case must complete the required forms. Then, they must formally serve the other spouse with copies of the filed documents, providing official notice that the divorce proceeding has been started.

According to California Family Code § 2339, a divorce in California cannot be finalized any sooner than six months after the respondent receives official notice. The six-month period typically involves the exchange of financial disclosures, and many cases also include negotiation or mediation related to property, parenting, and financial issues. If there are any contested issues, a family court judge can hear the case in court.

Resolving a Divorce Case Through Negotiation or Trial

Many divorce cases are not fully tried in open court. Some or all issues may be negotiated, mediated, or settled at a settlement conference between the parties and their lawyers. This means that the spouses reach an agreement on property division, financial issues, and parenting plans, without having a judge rule on every matter.

In those cases where an agreement cannot be reached out of court, and the case is tried, the court will review the evidence and testimony and then issue rulings. Under California Family Code § 271, the court is also permitted to consider the conduct of each party during the litigation when making certain awards.

Modifying Divorce Orders After a Judgment

Orders included in a divorce judgment do not always remain appropriate as life goes on. Employment, income, or parenting situations can change over time, and it is often necessary to revisit certain terms of a divorce order. California Family Code § 3651 allows the court to modify or terminate support orders when a change in circumstances justifies the modification.

Modification typically involves a request for new financial information, along with proof of a change in circumstances from what existed when the original judgment was entered. The court will consider this information when deciding whether to keep the existing order in place.

FAQs

Can Divorce Proceedings Remain Private in California?

Family law cases in California, including divorce cases, are usually heard in the public court system. As a result, filings and hearings are generally matters of public record. If appropriate, some financial or sensitive information may be filed under seal or handled through confidential filings when permitted by the court. Couples could also work through many issues in private settlement negotiations or mediation. Going through issues in settlement can limit the amount of personal information discussed at hearings.

What Role Do Financial Professionals Have in High-Asset Divorce Cases?

Financial professionals may be engaged during a divorce involving large or complex assets. Professional witnesses can aid in valuing a business, analyzing investment accounts, or examining executive compensation packages.

Professionals could also explain or clarify the financial reports and other information being presented to the court. The objective information provided by professionals can be very helpful in disputes over sizeable property or other financial holdings.

How Are Retirement Accounts Addressed During Divorce?

Retirement funds are sometimes a significant financial asset to be divided upon divorce. Assets that have been contributed to during marriage can be treated differently from assets that have not. Some require a specific form of court order to be divided. Employer-based retirement accounts, for instance, often need a Qualified Domestic Relations Order (QDRO) in place before any money can be given to an ex-spouse after a divorce.

How Does a Divorce Affect Jointly Owned Real Estate?

Divorce may also force spouses to make decisions regarding real estate owned jointly. Jointly owned real estate may include a primary residence, a vacation property, or an investment property.

In a divorce, the parties may decide to:

• Sell the property.
• Transfer ownership of the property to one spouse.
• Continue to own the property.
• Divide it under different financial arrangements.

Real estate decisions may also involve evaluating mortgages, equity, and other long-term financial obligations related to the real estate.

Contact a Los Altos Hills Divorce Lawyer

The process of getting divorced can raise several complicated legal and financial issues that can affect your long-term future. If you are seeking to end your marriage in Los Altos Hills, it can be important to understand how the California court system can affect your divorce process. The Law Offices of Rod Firoozye serves clients in Silicon Valley and the surrounding areas who are considering or in the process of getting divorced.

We have experience working in and around the Santa Clara County Superior Court, which is the court that will hear your divorce case if you live in Los Altos Hills. By consulting a Los Altos Hills divorce attorney, you can obtain the representation you need to overcome legal obstacles and move forward with a clearer understanding of your legal options. Schedule a no-obligation consultation, and hire a divorce lawyer you can trust.