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

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