Filing for Divorce in Santa Clara County

Trusted Counsel for Complex Divorces in San Jose

Divorce is already one of the most stressful things a person can go through. If you have complex assets or debts involved, this can exacerbate an already-straining process even further. At Magdalena Law Group, we are committed to helping you swiftly and effectively resolve even the most contested matters of property division, child custody, child support, spousal support, and domestic violence, to name a few so that you can move forward with your life. Our founding attorney is a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization and is in the Nation’s Top One Percent by the National Association of Distinguished Counsel, offering the elite representation you need and deserve.

Led by a skilled trial lawyer and a certified mediator, our San Jose divorce firm has garnered recognitions such as the Avvo Clients’ Choice Award, selection for Super Lawyers® Rising Stars℠, and inclusion in the Nation’s Top One Percent.

We aim to resolve even the most complex of divorces in a fair settlement whenever possible. Our clients’ entire well-being is our priority, and to that end, we not only pursue respectful negotiations and mediation outside of court, but we also provide a massage chair and organize social events for our clients. When a settlement is not an option, we fight hard to protect our clients' interests and vigorously advocate for our clients, and what matters to them the most, in court. We encourage you to discover how our exceptional legal advocates can be of service to you.

Grounds for Divorce in California

There are a couple of reasons couples in California can use to file for divorce.

• Irreconcilable differences
• Incurable insanity

The most common reason to file for divorce is “irreconcilable differences”. Since California is a “no-fault” divorce state, spouses do not have to prove fault in the other spouse to get a divorce. Simply, one must state that the marriage has broken down beyond repair due to differences between the spouses. Furthermore, California is considered to be a pure no-fault divorce state in the sense that they do not use “faults” as factors to determine matters such as property division, child custody, child support, etc. In general, a spouse who wishes to file for divorce in California must show that at least one of the spouses has been a resident of California for at least 6 months and of the county for at least 3 months prior to the filing of the petition for dissolution of marriage.  The court cannot grant a divorce and make the person single before 6 months and 1 day passes from the time the petition is served on the respondent. 

A spouse can also file for divorce using the grounds of “permanent legal incapacity to make decisions”. However, this is rare as the burden of proof is very high, requiring the showing that the insane spouse was at the time the petition was filed, and remains, incurably insane.  Even if the court grants the divorce based on incurable insanity, the spouse who petitions for the divorce is not relieved of his/her obligations under the law to support the spouse who is incurably insane.
 

Legal separation is an alternative to divorce in California. This allows a couple to separate and settle typical divorce matters such as custody and support but still remain legally married. This means the couple gets to live as if they are divorced but maintain the legal benefits that marriage offers.

Another requirement to consider when filing for divorce in California is the couple’s residency. The state requires that one of the spouses must be a California resident for at least 6 months before the couple can file for divorce in the state.

Divorce Mediation in San Jose, CA

Facing the challenges of divorce is hard, which is why we help our clients come to a middle ground through divorce mediation. Our attorney is not just experienced, but she is a certified mediator who gets results. We know that our clients want a non-biased and comfortable approach, which is what we pride ourselves in. Mediation not only allows for each side to say their peace, it can help resolve complex issues such as child custody, property division, financial support, and more! Contact us today to help guide you step-by-step of what you can expect and achieve with mediation.

Our Santa Clara County Attorneys Can Help You Resolve Your Divorce

Our San Jose attorneys offer counsel for matters such as:

• Property and Debt division
• Asset protection in divorce
• Hidden assets
• Taxes in divorce
• Spousal support
• Child support and child custody
• Domestic violence
• Child's refusal to see a parent and parental alienation
• Bankruptcy and divorce
• Life insurance in divorce
• Military benefits in divorce
• Social security benefits in divorce

Do I Need an Attorney to Divorce?

You are not required to have one, but it is recommended that you have an attorney guide you through your divorce proceedings, especially if you are dealing with a complex, contested divorce such as those that involve high assets or child custody and domestic abuse. An attorney is more informed about divorce laws and how they are applied, can offer effective solutions to resolve your conflict in a fair and balanced manner, and finalize your case as efficiently as possible.

Additional reasons to hire us for your divorce:

• Reduction of excess paperwork and court documents
• We have handled countless divorce cases
• Effectively identify and research key elements of your case to save you time and money
• Clear communication of complex legal verbiage
• If your spouse hires an attorney you should too

Learn About Our Services from Previous Clients

“Made the divorce process so simple and less emotional! She was quick to respond to any questions or concerns I had. I will recommend her law office to everyone in need of legal services!”

- Sara 

Read more testimonials here.