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

Most Common Mistakes in Divorce

Divorce is difficult by nature.  Unfortunately, there are many common mistakes made that can complicate a divorce even further.  If you are facing a divorce, San Jose divorce lawyer Madan Ahluwalia, of Ahluwalia Law P.C., can help.  Below are some of the most common mistakes in divorce:  1.) Letting Your Emotions Make the Decisions for You For most couples, divorce is a very emotional event. However, you will be Read More

Common Child Support Questions

Can I get my child support amount changed in San Jose? Either party can request a modification of child support if there has been a significant change in circumstances. Examples include: Job loss Increased pay Incarceration Change in the amount of time the child spends with a parent Change in the child’s needs One of the parents now has another child The child support amount can go up or down according to Read More

Who Pays Attorneys’ Fees in a Divorce?

Attorney’s fees in a divorce can be significant. Depending on the nature and complexity of your divorce, you may need to hire a San Jose divorce attorney. If your spouse is represented by an attorney and you cannot afford to hire one, you can ask the court to order your spouse to pay for a San Jose divorce lawyer to make things equal. In other cases, a spouse may request that you pay their divorce attorney’s fees Read More

How is Property Divided in a Divorce?

The rules for property division in a San Jose divorce vary greatly from state-to-state. California follows the doctrine of community property and divides that property equally between the parting spouses or domestic partners. That  sounds pretty straightforward, but the San Jose property division process can become very complicated. A San Jose divorce lawyer can help. Although the idea of dividing everything in half Read More

Common San Jose Divorce Law Questions

My spouse has filed for divorce, but I want to try to make it work. Can I fight the divorce? No. In California a divorce is granted on the request of either spouse. You may be able to convince the judge to delay the divorce by up to 30 days to give you time to try to reconcile. California is a no fault divorce state.  This means that all it takes to receive a divorce is for one spouse to state that there are Read More

Common Family Law Questions

My ex is not paying court ordered child support. Can I refuse to let him see our child? No. By law, your ex’s violation of the San Jose child support order does not give you the right to violate the custody and visitation order. It also works the other way around. If your ex refuses to let you see your child, you cannot simply stop making child support payments. You will only create problems for yourself by Read More