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 irreconcilable differences.

What happens to the family home in a California divorce?

Who gets the family home is often the biggest question in San Jose property division in a divorce. There are a number of factors which can affect who


is legally entitled to the home, and you need the help of an experienced San Jose family law attorney to help you defend your right to your home. If the home is determined to be community property, several things can happen:

  • One of you can buy out the other’s interest in the house
  • The house can be sold and the proceeds divided between you
  • You can both retain an interest in the house and wait to sell it until a later date at which time the proceeds are divided between you.

I am considering divorce, but I cannot afford to pay alimony. What should I do?

 First, you should talk with a San Jose divorce attorney. Alimony, or spousal support, is not automatically granted in California divorce. The decision to order spousal support, how much is awarded, and for how long, is based on many factors.  Some of these factors include the length of the marriage, your spouse’s ability to be self-supporting, and your ability to pay.

If you have questions about California divorce law, please call Madan Ahluwalia, San Jose family law attorney of Ahluwalia Law P.C., at (408) 416-3149 or contact us online today.