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San Jose Family & Divorce Lawyers / San Jose Dissolution of Marriage Lawyer

San Jose Dissolution of Marriage Lawyer

When a couple argues constantly and feels a lack of connection with each other, they may be considering ending their marriage. This is called a dissolution of marriage, or a divorce.

Divorces are common, occurring in roughly half of all marriages. Dissolving a marriage is hard for many reasons. There are often various elements involved. There may be a lot of assets that need to be split up. There may also be children involved, which can complicate matters.

Divorce is an overwhelming and highly emotional event. It can cause a lot of sadness, anger, loneliness, resentment, and frustration. It can be hard for someone to handle all this on their own. That’s why you need a San Jose dissolution of marriage lawyer from Argyris Mah, LLP on your side.

Grounds for Divorce

California is a no-fault divorce state. This means it does not matter to the court who is at fault in causing the divorce. However, you do need to have grounds for the divorce:

There are two legal grounds for divorce in California: irreconcilable differences and incurable insanity. Irreconcilable differences is used in almost all divorce cases, as incurable insanity is not as common and can be hard to prove.

The Divorce Process

The divorce process in California may vary slightly based on your situation, but the general steps are:

  • Residency requirement. At least one spouse must have lived in California for at least six months and in the county where you plan to file for divorce for at least three months.
  • Filing the petition. One spouse (the petitioner) files a petition for dissolution of marriage with the superior court in the county where either spouse resides. This document outlines the grounds for divorce, division of property, child custody, child support, and spousal support.
  • Service of process. The petitioner must serve the other spouse (the respondent) with copies of the divorce paperwork, including the summons, typically through a process server or by certified mail.
  • The respondent has 30 days to file a response to the petition. This document addresses the issues raised in the petition, such as child custody, support, and division of property.
  • Negotiation or mediation. Spouses may engage in negotiation or mediation to reach agreements on issues such as property division, child custody, and support. If agreements are reached, they can be formalized in a written settlement agreement.
  • Court proceedings. If agreements cannot be reached, the case may go to court. The court will hear arguments from both sides and make decisions on contested issues.
  • Final judgment. Once all issues are resolved, the court will issue a final judgment of dissolution of marriage. This document legally terminates the marriage.

Let Our San Jose Dissolution of Marriage Lawyers Help You

Dissolving a marriage is not an easy task. Even in situations involving short marriages and minimal assets, the process can be hard emotionally.

While there are ways to handle your divorce on your own, it’s best to have an experienced attorney handle your case. Contact a San Jose dissolution of marriage lawyer from Argyris Mah, LLP to get started with your divorce. Call (408) 214-6366 or fill out the online form to schedule a free consultation.