Los Gatos Divorce Lawyer

Los Gatos Divorce Attorney

Navigating a divorce can be one of the most difficult times in your life. It can be challenging to think about dismantling the life you worked so hard to build together. Legal guidance from a Los Gatos divorce lawyer can help you through the process and offer steady support during this stressful time.

Practicing in family law since 2004, our lead attorney at the Law Offices of Rod Firoozye provides representation in even the most complex family law matters. Our team has experience handling both complex and straightforward divorce cases and offers guidance throughout each stage. You deserve to feel empowered moving forward, even when making the difficult decision to dissolve your marriage.

Divorce in Los Gatos

When looking to dissolve a marriage in California, you may be curious if the court will want to know what the other party did wrong to make you choose to pursue a divorce, but that is not the case. California is a “no-fault” divorce state, meaning that no one needs to have done something wrong in order for a divorce to happen.

California also allows divorces even if the other party does not want the dissolution of the marriage. The requirements for filing for divorce in Los Gatos include that you or your spouse must have lived in the state for at least six months before filing. You or your spouse must have also resided in Santa Clara County for at least three months before filing

When you hire a divorce lawyer, they will review these requirements with you and help you through the process of filing for divorce at the Family Justice Center Courthouse in San Jose.

What Are Common Matters that Need to Be Settled During a California Divorce?

California has one of the lowest divorce rates in the country at 5.88 per 1,000 women in 2022. This may be due to couples delaying marriages, more cohabitation before marriage, and a shift in societal norms surrounding marriage

With many couples choosing to pursue financial security before marriage, the division of property and assets can become a major point of contention. It can be difficult to divide assets you worked hard to build together, including homes, retirement accounts, investments, savings, and debts. Under California’s community property laws, marital assets are generally divided equally unless an agreement states otherwise.

Spousal support, sometimes referred to as alimony, may be awarded to help a lower-earning spouse maintain a standard of living similar to that enjoyed during the marriage. Spousal support is not awarded in every case and may require negotiation or court intervention.

When minor children are involved during a divorce, discussions of child custody and support will need to be decided so that your child’s best interests are protected, and the impact of the divorce is minimal

In 2023, 34% of children lived in a single-parent household. Making arrangements for child custody can be done with the help of your Los Gatos divorce lawyer. If arrangements cannot be made amicably, then a judge will step in and make the decision on what they feel is in the best interests of the child. In most cases, this means the involvement of both parents

Along with child custody come matters of child support, which is when the non-custodial or higher earning parents pays the other parent a monthly stipend to help cover certain expenses. Support is calculated based on the income of both parents and the needs of the child. The goal is to maintain the same standard of living the child had prior to the divorce.

FAQs

How Much Does It Cost to Hire a Divorce Lawyer in California?

The cost to hire a divorce lawyer in California can vary significantly based on the qualifications of the lawyer, the complexity of your case, and the location. Most attorneys charge hourly rates, with more experienced attorneys charging higher hourly rates. More complex cases with complicated assets, businesses, or with minor children involved can cost more than a simple uncontested divorce

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

The five- year rule for divorce in California refers to a requirement under Code of Civil Procedure 583.310 that a divorce case must be finalized or brought to trial within five years of filing, or it will be dismissed. Dismissal of the case means that couples will need to start the process over again if they still wish to legally dissolve their marriage.

What Are Father’s Rights in California?

In California, fathers have the same legal rights as mothers to seek custody, child support, and visitation. The judge and courts will always rule in the best interests of the child. In most cases, the courts prefer joint custody where children have time with both parents as long as that is not to the detriment of the child.

Is Everything Split 50/50 in a Divorce in California?

California is a community property state, meaning that everything is split 50/50. If separate property existed prior to the marriage and there is no commingling with marital funds, such as the purchase of a home prior to marriage, this will remain with the original owner. Couples can also agree on unequal division or adjustments to a 50/50 split if a prenuptial agreement exists that overrules that. Your Los Gatos divorce attorney can help negotiate how to divide property.

Hire a Los Gatos Divorce Lawyer

Our team at the Law Offices of Rod Firoozye can help you through the process of divorce in Los Gatos. With so much at stake, it is important to have a strong advocate at your side to make sure your rights and future are protected.

Divorce can impact every area of your life. Having an experienced legal advocate by your side can make a major difference in the outcome of your case. Whether the divorce is contested or uncontested, the team at the Law Offices of Rod Firoozye is prepared to support you at every step of the legal process. Contact us today to schedule your initial consultation.