Common Property Division Questions

If you are considering or going through a divorce in San Jose, you might have many questions about property division.  Below are some common property division questions that a San Jose family law lawyer can answer. What is community property in San Jose? Community property is any property or assets acquired while you were married and until you became separated, except for gifts and inherited property. Debts are Read More

Do You Need a San Jose Family Law Attorney?

Although you are not required by law to use a family law attorney when facing legal matters, it is in your best interest. If you are facing a family law issue, your best bet is to choose an attorney who has ample experience with San Jose family law. Many couples only think about hiring a San Jose family law attorney when they are facing divorce or troubled times, but family law attorney Madan Ahluwalia can help you Read More

How Do I Get a Restraining Order in San Jose?

A restraining order in San Jose can help protect you from abuse, violence, or harassment. Under certain circumstances, a law enforcement officer will request an emergency protective order (EPO) that lasts for five days, and the district attorney may issue a criminal protective order that lasts longer. However, there are many circumstances under which you will need to request a restraining order on your own. San Jose Read More

Failure to Pay Child Support

Child support is one often the most contentious issue in a divorce and for parents who were never married. Unfortunately, children are those ones who typically suffer the most for the actions of their parents and the courts when there is failure to pay child support, whether it is due to a deadbeat parent who chooses not to support the child or a parent who truly cannot afford to make the ordered payments and stays Read More

Divorce and Prenuptial Agreements

A prenuptial agreement (prenup) can help prevent a difficult divorce.  Even though it may seem pessimistic to create one, they can actually help reduce the marital stress which leads to divorce. A prenup is a contract between two people who are planning to marry, that establishes how property and debts will be handled and divided in the event of divorce, and in some cases addresses spousal support. A prenup must be Read More

How is Debt Split in California?

Under San Jose family law, debt is divided in the same manner as property. The same classifications of communal and separate property apply to debt, and the same rules apply in determining how the debt is split. Unfortunately, you may be held responsible for debt incurred by your spouse without your knowledge. San Jose divorce lawyer Madan Ahluwalia can help you with debt and San Jose property division Read More

How Do I Pick a Divorce Lawyer?

Choosing the right San Jose divorce attorney is one of the most important decisions you will make. You need to pick a lawyer who is not only good at what they do, but also the right San Jose divorce lawyer for you. Divorce is an emotionally charged and lengthy process. You could be working closely with your divorce lawyer for as long as a year, during one of life’s biggest transitions. You need a San Jose divorce Read More

Divorce vs. Legal Separation

Although there are some similarities in the processes, there are some very important differences in the legal outcomes of divorce and legal separation. Legal separation does not free you to remarry or enter into another domestic partnership. It allows you to retain some of the benefits of marriage while living separate lives and deciding issues such as spousal support, property division, and child custody. San Jose Read More

Contested vs. Uncontested Divorce

While the term “contested divorce” may sound like it means that one spouse if fighting the divorce itself, and that used to be possible, but today, in California, you cannot be denied a divorce or block a divorce if your spouse has requested one. To contest a divorce simply means that you contest one or more of the terms that your spouse has proposed. San Jose divorce attorney Madan Ahluwalia can help you with Read More

Top Reasons For a Divorce

Sometimes divorce is inevitable, but many marriages can be saved by spotting problems early on and doing the work to correct them. If you see the warning signs in your marriage, or if you are contemplating divorce , consider counseling. You may be pleasantly surprised to find that many of the top reasons for divorce can be resolved. If you are facing divorce, please talk to San Jose divorce attorney Madan Ahluwalia Read More