Ending a marriage marks a definitive and difficult shift in your life. You face a future that looks different than the one you planned. During this time, you need clear legal strategies and an advocate focused entirely on your security.
The team at Wade Litigation provides assertive guidance as your San Jose divorce lawyers, protecting your interests and helping you build a new foundation with strength.
We bring clarity to the process. We manage the legal details of your case from property division in high-value estates to sensitive child custody matters so you can focus on moving forward.
Our attorneys work to secure a resolution that honors your contributions and protects your future.
Charting your new course
- California is a "no-fault" divorce state; you do not need to prove wrongdoing to end a marriage, only "irreconcilable differences."
- Filing in Santa Clara County requires at least one spouse to live in California for the six months and the county for the three months immediately preceding the filing.
- California's community property laws mandate that spouses divide most assets and debts acquired during the marriage equally, requiring accurate valuation.
- Courts make child custody decisions based strictly on the "best interest of the child" standard, evaluating factors related to the child's health, safety, and welfare.
- A San Jose divorce lawyer acts as your negotiator and strategist, working to protect your rights and achieve a sustainable outcome.
Why Wade Litigation is Your Advocate in San Jose
Selecting legal representation is a definitive step in protecting your future. Wade Litigation provides the focused advocacy Silicon Valley divorces demand, combined with personalized attention.
Our firm operates on a foundation of integrity, strategic thinking, and a steadfast commitment to our clients. Our family law attorneys know the family law departments of the Santa Clara County Superior Court. We use our knowledge of local court rules, procedures, and judicial perspectives to move your case forward efficiently. This localized experience allows us to craft strategies that fit the specific legal environment of San Jose.
We build our client partnerships on communication and trust. You work directly with an attorney who listens to your story, understands your priorities, and keeps you informed.
We empower you with knowledge so you make confident decisions. While spouses resolve many divorce cases through negotiation or mediation, we prepare every case for trial. This preparation strengthens your position in settlement talks and ensures we are ready to fight for a fair outcome in court if necessary.
The Divorce Process in Santa Clara County
The California divorce process follows a structured path intended to address every aspect of your separation. While each case contains unique details, the fundamental stages remain the same. Our team provides clarity and support through each phase.
Filing and serving the petition
The process begins when one spouse, the "petitioner," files a Petition for Dissolution of Marriage with the court. This document formally asks the court to end the marriage and provides basic information about the parties, the marriage, and any children. The petitioner must then serve the petition on the other spouse, the "respondent." The respondent has 30 days to file a response.
Meeting residency requirements
You must meet California’s residency requirements before filing for divorce in San Jose. At least one spouse must have lived in the state for a minimum of six months and in Santa Clara County for a minimum of three months immediately before filing the petition.
Establishing temporary orders
Divorce creates immediate practical changes. Before the divorce becomes final, you may need court orders to establish ground rules. We assist clients in requesting temporary orders for child custody, visitation, child support, spousal support, and exclusive use of the family home or specific assets. These orders provide stability while the case proceeds.
Mandatory financial disclosures
Both parties must exchange comprehensive financial disclosures early in the process. You must complete detailed forms that list all assets, debts, income, and expenses. Courts require full transparency to ensure fair property division. Failure to disclose assets can result in severe penalties.
Reaching agreements through negotiation
Most California divorce cases resolve by agreement rather than by a judge's decision at trial. Spouses use negotiation or mediation to reach a settlement covering all issues, including property division, support, and custody. Your attorney advocates for your interests during these sessions to secure a favorable settlement.
Proceeding to trial
If the parties cannot resolve key issues, the case proceeds to trial. During a trial, both sides present evidence and testimony to a judge. The judge then makes a final, binding decision on the disputed matters. Our attorneys are prepared to advocate for your position in court.
Spousal support considerations
A court may order spousal support to help a lower-earning spouse maintain the marital standard of living for a period after the divorce. The court considers many factors when determining the amount and duration of support, including the length of the marriage, each spouse's income and earning capacity, the age and health of the parties, and contributions made to the marriage. We advocate for fair support determinations tailored to the specific facts of your case.
Child Custody and Support
For parents, the well-being of their children takes precedence. Our firm approaches child custody and support matters with focus. We help you create durable solutions that protect your parental rights while supporting your children.
Creating a parenting plan
The goal in any custody case is a comprehensive parenting plan. This legal document outlines how parents will share time with the children (physical custody) and how they will make important decisions about their health, education, and welfare (legal custody). A well-drafted plan minimizes future conflict and provides consistency.
The "Best Interest of the Child" Standard
If parents cannot agree on a custody arrangement, a judge makes the decision based on the best interest of the child. California Family Code § 3011 defines this standard.
The court weighs several elements to determine an arrangement that supports a child’s health, safety, and welfare. These considerations include:
- The age and health of the child.
- The emotional ties between the child and each parent.
- Each parent's ability to care for the child.
- Any history of domestic violence or substance abuse by either parent.
- The child's ties to their school, home, and community.
This review aims to create a stable environment for the child. We present a clear picture of your strengths as a parent and your commitment to your child's well-being.
Move-away requests and modifications
Life changes after a divorce. A parent may need to relocate for work or personal reasons, requiring a change in the custody order. These "move-away" cases are legally complex.
We represent parents seeking to relocate with their children, as well as parents opposing a move that would disrupt their relationship with the child. We also assist with modifications to custody or support orders when significant changes in circumstances occur.
Handling High-Conflict Divorces
While some divorces resolve amicably, others involve significant conflict, mistrust, or financial misconduct. In these situations, you need an attorney who is a skilled negotiator and a formidable litigator.
Wade Litigation manages contentious divorces and protects you from unfair tactics.
Dealing with an uncooperative spouse
An uncooperative or combative spouse can intentionally delay the divorce process to increase costs and emotional stress. We use the court system to enforce deadlines, compel compliance with disclosure requirements, and move your case forward. We do not allow delaying tactics to compromise your rights.
Protecting against domestic violence
If domestic violence is a factor in your divorce, your safety and the safety of your children are the absolute priority. We assist clients in obtaining Domestic Violence Restraining Orders (DVROs) aimed at providing immediate protection. These orders can also significantly impact custody and support determinations.
The Risks of AI in Legal Matters
Artificial intelligence tools may offer generic answers to legal questions, but they lack the capacity for human understanding and strategic thought. A chatbot cannot comprehend the specific dynamics of your family, the details of your financial estate, or the local rules of the Santa Clara County court.
Relying on AI for a divorce may lead to costly missteps. Your family's future demands the dedicated attention of a qualified San Jose divorce lawyer from Wade Litigation.
Taking Control of Your Preparation
Proactive steps help you feel more in control and prepared as you begin the divorce process. Thoughtful preparation makes the legal process more efficient.
The initial phase of a divorce is the time to gather information and establish a clear financial picture.
Focusing on these tasks provides a strong foundation for your case:
- Gather key financial documents, including tax returns for the last three to five years, recent pay stubs, and bank statements.
- Create an inventory of all known significant assets, including property, vehicles, art, and jewelry, as well as all debts.
- Secure your digital privacy by changing passwords on personal email, social media, and individual financial accounts.
- Open a new bank account in your own name to manage post-separation personal finances.
- Obtain copies of energetic documents such as prenuptial or postnuptial agreements.
These initial steps help protect your interests and provide your attorney with the information needed to begin building your case immediately.
Organizing financial records
Organized financial records give you an advantage. Maintain a file with copies of bank statements, credit card bills, mortgage documents, car loans, retirement account statements, and recent tax returns. This information is essential for the mandatory financial disclosures and helps us accurately value the estate.
Prioritizing your well-being
Divorce is an emotionally taxing experience. Build a strong support system of friends, family, and perhaps a professional therapist or counselor. Tending to your own well-being allows you to approach the legal process with a clearer mind and greater resilience.
FAQ for San Jose Divorce Lawyers
How long does a divorce take in California?
California has a mandatory six-month waiting period. The court cannot finalize a divorce until at least six months and one day pass after the petitioner serves the respondent. However, cases with complex or disputed issues often take longer than six months to resolve completely.
Do I have to go to court for my divorce?
No, many people finalize their divorces without ever appearing in court for a trial. If you and your spouse reach a complete agreement on all issues, you submit the paperwork to the court for a judge's signature. Court appearances are typically necessary only if you need temporary orders or cannot reach a settlement.
What is the difference between legal separation and divorce?
A divorce (dissolution) legally ends the marriage, allowing both parties to remarry. A legal separation resolves all the same issues—property division, custody, support—but the parties remain legally married at the end of the process. People choose separation for religious reasons or to maintain certain benefits.
Who pays the attorney's fees in a divorce?
Generally, each party pays their own attorney from their share of the marital assets or their separate property. However, California law allows a court to order one spouse to contribute to the other's legal fees, particularly if there is a significant disparity in income and assets, to ensure both sides have access to legal representation.
How do we divide debt in a San Jose divorce?
Spouses divide debts acquired during the marriage equally, just as they do with assets. This includes mortgages, car loans, credit card balances, and other financial obligations incurred from the date of marriage to the date of separation.
Move Forward with Strength
Do not walk the path through divorce alone. With the right legal team, you can move through this process with clarity and confidence. The attorneys at Wade Litigation provide strategic counsel and unwavering support.
We serve clients throughout San Jose and Santa Clara County from our Los Gatos office. Take the first step and schedule a confidential consultation to discuss your situation. Let us help you understand your rights and outline a clear strategy for moving forward.
Call Wade Litigation today at (866) 784-2624 or complete our online contact form to connect with our legal team.