Divorce Attorney in San Jose Divorce Attorney in San Jose
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Family Law Divorce Attorney in San Jose California

We understand that going through a divorce can be upsetting and difficult. A family that was formerly harmoniously together is now splitting into two, and your life and that of your family will be changed forever. That is why we are always dedicated to providing you with compassionate and personalized legal representation. We realize that each case is unique and that your family’s situation requires individual attention. It is our goal to make certain that you face all aspects of your divorce with competent and skilled legal counsel in order to ensure that your rights and those of your family are upheld throughout the process.

There are many important factors in every divorce. For example, if you and your spouse have minor children, your primary concern will be to protect the well-being and happiness of your children and family. Child custody and child support will play a key role in your divorce agreement. If you or your spouse own property, then you should be concerned with property division/equitable distribution. If you have not worked for years and your spouse has been supporting you, you might be interested to know if you are entitled to alimony. All of these concerns are valid and essential, and our San Jose divorce attorneys will work hard on your behalf to help you through this time.

San Jose Divorce Attorney

We will always work to make sure that you understand what to expect in your divorce. We know that divorces can be very emotional and upsetting to everyone involved, and we want to make sure that you do not make decisions based purely on emotion. We will offer you unbiased and honest responses to your divorce questions. It does not matter if you are facing a contested divorce that goes to trial or if you and your spouse have come to an agreement and you are looking to get an uncontested divorce – we can help you in both situations. Our competent San Jose divorce lawyers are experienced litigators that are always prepared and ready to fight for you throughout the entirety of your case.

Grounds for Divorce in California

At the most rudimentary level, it can be said that married couples may seek a divorce in California on either fault or no-fault grounds. The overwhelming majority of divorces in California are brought on no-fault grounds. For a no-fault divorce the parties must prove that there has been an irretrievable breakdown of the marriage. While in a fault divorce, a party must allege and provide proof of a specific and distinct “marital fault.” Examples of marital faults that are recognized in California are adultery, fraud, desertion, drug/alcohol dependency, imprisonment and cruel and abusive treatment. While a specific fault ground may exist in your situation there is generally no strategic or legal advantage to filing for a fault divorce. In fact, the additional effort needed to prove the existence of a marital fault will likely involve additional time and legal fees. Nonetheless, there are situations where filing for a fault divorce may be appropriate and beneficial to your case when the particular marital fault is relevant to another issue in the divorce. For example, evidence of cruel and abusive treatment could be relevant to the issue of child custody. Or in situations of adultery there could be relevance to the issue of property division where the adulterous relationship reduced the marital estate. As experienced California divorce lawyers we will analyze the details of your unique situation to ensure that your case is properly pleaded in court.

California No-Fault Divorce Lawyer

A no-fault divorce may be filed unilaterally as a contested divorce or filed jointly as an uncontested divorce. In many ways a contested divorce is similar to filing a lawsuit against your spouse. After filing for a contested divorce in a court with proper jurisdiction your spouse will be served with the divorce complaint and summons. The case will proceed through the more traditional stages of litigation culminating with a trial before a California Family Court Judge. At trial, each side will be given the opportunity to call witnesses and to present evidence supporting their position. After hearing all the evidence the judge will render a decision as to the contested issues of the case. In other words, the judge will decide issues such as alimony, custody, visitation and property division. However, once the contested complaint is filed, parties are not necessarily required to take the matter to trial. It is not uncommon for couples to reach an agreement prior to trial. In some instances couples will reach an agreement on some issues but not on others. In these situations a trial will proceed only as to the disputed issues.

At the Garry Barbadillo Law Offices in San Jose California we provide hands-on guidance through every stage of your divorce. We understand that most people are unfamiliar with the divorce process and we explain and clarify each stage of the case to relieve the stress that one feels when in an unfamiliar environment. Perhaps one of the most stressful situations in a divorce case involves the decision to accept a settlement or to take the case to trial. When making such a significant decision it is imperative that you have an experienced and competent divorce attorney who can provide sound legal advice so you can make an informed decision. You need to know if a settlement is fair and reasonable or if going to trial is the better option. Taking a case to trial always involves some degree of risk as you cannot predict with absolute certainty how a judge will rule. With the guidance of an experienced San Jose divorce attorney you can explore your options, analyze the potential outcomes and make a calculated decision.

Looking for a divorce lawyer who will stand firm and uphold your rights? Contact a San Jose divorce attorney at Garry Barbadillo Law Offices today to discuss your divorce in California.

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