Top San Jose, CA Divorce Lawyers Near You

What Is Divorce Law?

Divorce is the legal process of dissolving a marriage. If you decide to end your marriage, you have to make a lot of important decisions about your property, children, and life after divorce. If you and your spouse can agree on everything, the divorce process can be simple. However, if there are any disputes, you may have to go to mediation or divorce court to resolve your differences. Issues to resolve in a divorce include:

• Property division
• Distributing joint assets
• Spousal support or alimony
• Child custody
• Child support
• Visitation

What Are Some Examples of Situations Where I Might Need a Divorce Lawyer?

An uncontested divorce is when a couple agrees on how to handle property, assets, debts, and child custody. However, many divorces have some contested issues. This is when you should consider a divorce lawyer. You should talk to a divorce lawyer if there are disputes about questions like:

• Who keeps the family home?
• How much alimony should you get?
• Who gets primary custody of the children?
• What will be the holiday and weekend schedule for custody?
• What property and debt can you keep, and what do you have to divide?

How Much Does a Divorce Cost?

The final cost of your divorce ultimately depends a great deal on both you and your spouse’s approach to the proceedings. If you can negotiate all of the terms of your divorce without any extended courtroom batters, you will spend much less money than if either of you insists on taking the divorce to trial. The use of outside experts, such as child psychologists and financial experts, will also affect the final cost.

How Long Does a Divorce Take?

Again, this depends on how you and your spouse approach the divorce proceedings. If you can easily work out everything, due to no-fault divorce laws, you may be able to complete the process in a few months. Every dispute that needs a judge’s or mediator’s supervision, however, will take time. Court appointments are typically not available on short notice.

How Can a Divorce Lawyer Help Me?

A divorce lawyer can make sure your property rights and parenting rights are protected in a divorce. Even in an uncontested divorce, a lawyer can review your divorce agreement to make sure it covers everything to protect your rights. Ways a divorce lawyer can help you in a legal separation include:

• Negotiating a fair property division
• Fighting for primary custody
• Increasing spousal support for your contributions to the marriage
• Negotiating a visitation schedule for important time with your child
• Getting enough child support to provide for your child’s needs

What Could Happen if I Don’t Hire a Divorce Lawyer?

If you don’t hire a divorce lawyer, you won’t have an advocate to fight for you in court. You also won’t know about all your legal options when negotiating child custody, visitation, and division of assets. After the divorce, you could have to deal with:

• Paying child support to the other parent
• Limited visitation with your child
• Limited decision-making for your child’s future
• Loss of important personal property
• Assuming marital debt

What Are the Top Questions When Choosing a Divorce Lawyer in San Jose?

These questions can help you decide if you feel comfortable and confident that your divorce lawyer has the qualifications, experience, and ability to manage your case. Many divorce lawyers offer an initial consultation so you can understand your options and get specific legal advice before hiring them. Top questions include:

• What is your experience in handling divorce cases in California?
• Have you managed divorce cases like mine?
• What is your approach to handling divorce cases with minor children?
• What is your record in negotiating favorable child custody agreements?
• How will you communicate with me about the progress of my case?
• What are your fees and billing structure?

Tips for Hiring a Divorce Lawyer

Taking the time to find a divorce lawyer who is right for you and will represent your best interests is an important first step in protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts