Santa Clara Family Law Attorney

Santa Clara Family Law Lawyer

Dealing with family affairs can be a challenge, whether you’re drafting a prenuptial agreement or finalizing a divorce. Having an experienced Santa Clara family law attorney on your side will make the entire process easier, giving you access to a legal professional who can offer advice, help with paperwork, keep track of deadlines, and negotiate on your behalf.

Rod Firoozye is a Certified Family Law Specialist, which means he has met the specific conditions set forth by the State Bar of California Board of Legal Specialization and demonstrated a high level of experience in this unique field of law. Working with a Certified Family Law Specialist means you’ll be entrusting your divorce or other family proceedings to someone with immense experience in the field. You can trust us to help.

Hire a Family Law Attorney

In 2022, California had a divorce rate of 5.9. While that’s better than the national average of 14.4 in 2023, it still indicates that a lot of Californians are getting divorced. With a median household income in Santa Clara of $173,670, many divorcing couples have a lot to lose. Working with a law firm that handles high-asset divorces can make a large difference when it comes to ensuring the fair division of property.

When you hire a family law attorney to assist with your divorce or other family dispute, you get access to a legal professional who can help you understand family law matters and how the relevant rules and regulations apply to your case. Having a lawyer on your side also means you won’t have to worry about whether your interests are protected and can instead focus on healing and moving on from this difficult time.

Getting a Divorce in California

The process of getting a divorce in California can be relatively quick and straightforward, or it can be long and drawn out. Which of these routes you take depends on whether you or your spouse wants to contest the divorce. Uncontested divorces get resolved outside of court in a matter of months, while contested divorces must go to court and can take years to resolve.

Either way, you’ll take the same steps to begin the divorce process. You’ll need to file Form FL-100 at the Santa Clara Superior Court. California is a no-fault state, which means you don’t need to provide grounds for divorce beyond irreconcilable differences. You’ll also need to serve your spouse with copies of the petition and other relevant paperwork. Next, you’ll be ready to move on to the negotiation stage.

The Division of Assets in California Divorce

California is a community property state, which means that assets and debts are split 50/50 during divorce unless the couple has a prenuptial agreement that states otherwise. You can ensure you get your fair share of the community property by having a lawyer represent you during negotiations.

Child Custody Issues in California

While not all child custody issues come up during acrimonious divorces, it’s common for couples to fight over who gets custody of the kids. You can resolve these issues with the help of a mediator or go to court, where a judge will decide who gets custody based on your child’s interests. Third parties can also get assigned custody in California if neither parent is deemed fit to care for the child, but it’s rare for this to come up during a divorce.

Finalizing the Divorce

Once you’ve decided on all the major provisions of the divorce agreement, it can be finalized. You’ll need to wait half a year from when you filed your divorce petition before the judge can issue a divorce decree, though, because California has a six-month waiting period.

FAQs

How Much Does a Family Law Attorney Cost in California?

How much a family law attorney costs in California depends on what kind of case you’re bringing to them and how experienced they are. Complex contested divorces tend to be very expensive, while drafting simple prenuptial agreements is much more affordable. You can find out what it costs to hire a Santa Clara family lawyer by contacting us to discuss your case.

What Should You Not Say to a Family Court Judge?

You should not say anything to a family court judge that could be construed as badmouthing the other parent in a divorce. Avoid criticizing the court system, including the judge and the evaluators or mediators, and never blame the child for any parenting failures. It can make you look like you’re not willing to accept parental responsibility.

How Do You Know If a Family Lawyer Is Good?

You know that a family lawyer is good based on factors like their experience, reputation, and approach to cases. A good family law attorney communicates clearly and reliably and demonstrates a strategic yet compassionate approach to cases. You can check a lawyer’s track record online, find out if they’re Certified Family Law Specialists, and review client testimonials before your consultation, but you’ll likely make the decision after meeting with your lawyer.

What’s the Difference Between a Family Law Attorney and a Divorce Attorney?

The difference between a family law attorney and a divorce attorney is that while family lawyers handle a broad range of legal matters, divorce attorneys only take on divorce cases. Since divorce is a part of family law, all family law attorneys are also divorce attorneys. Not all divorce attorneys are family law attorneys. When in doubt, ask about the lawyer’s experience.

Santa Clara Family Law Attorney

If you’re looking for a Santa Clara family law attorney to help with a divorce or other family law matters, you’ve come to the right place. The team here at the Law Offices of Rod Firoozye has been practicing family law for years, and in that time, we’ve seen it all. From complex contested divorces to high-asset property division, we have what it takes to represent your interests and ensure that your rights are protected. Contact us to schedule an initial consultation today.