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