Filing for divorce is one of life’s hardest choices.
Finding the right divorce lawyer shouldn’t be one of them.
It isn’t easy to end a marriage—but with a top divorce attorney from Gomez Edwards Law Group, LLP, you can make the best of it.
To help you understand what happens during the divorce process, here’s some basic information: family courts refer to divorce as a “dissolution of marriage.” This means you will be officially dissolving the marital relationship, which includes separating your finances and then dividing assets and debts.
Depending on your circumstances, this process may be straightforward or present serious legal challenges. If your marriage was short and you have few or no assets to divide with your spouse, then your divorce may be quite simple. However, divorces involving children, substantial assets and/or businesses can be complicated, both legally and emotionally. Spousal support, child custody issues and child support negotiations tend to drag the divorce process out, especially if serious disputes arise.
That’s why it’s wise to retain an divorce attorneys like Natalie Gomez and Lauren Edwards in Santa Clara County.
We help clients navigate the divorce process to obtain the best possible outcome. We clarify issues for our clients, formulate strategies, and then implement a plan of action. Our diligence and open communication with clients, along with our ability to carefully listen and take action, is what makes us successful. As members of your team, we strive for a swift and successful resolution of your case.
Here are some questions you can ask yourself before getting a divorce:
Do I Need a Divorce Lawyer?
Some individuals go through the divorce process easily, while others go through an ordeal that drags on and on. The best way to find out what difficulties and legal issues you may face when dissolving your marriage is to consult with our divorce lawyers Natalie and Lauren.
As Santa Clara divorce attorneys, they can:
- Help you complete and file all documents for dissolution of marriage. We ensure that your filing is complete and protect your best interests. We can also help you understand the California Family Code, which applies to all divorces filed in Santa Clara County.
- Represent you in court. We stand by your side and speak on your behalf, unless the court addresses you directly.
- Prepare for mediation. Divorce mediation is a process that can help you and your spouse reach agreements and avoid a trial. We can stand by your side throughout mediation.
- File for spousal support or challenge a request for you to pay. We can help with an agreement or take the issue to a hearing.
- Assist with asset and debt division. Our divorce lawyers can investigate to discover all community assets and debts. In negotiations, we can work to ensure you receive a fair portion of both.
- Advise you on child custody and child support issues. Often, settling on child custody and support arrangements can be the most emotional part of filing for divorce. Our attorneys can work with you to ensure that the agreement protects your child’s best interests.
- Finalize your divorce. Our attorneys can assist you with the final paperwork and enforcement of the agreement, if necessary.
How Do I Start the Divorce Process in Santa Clara?
The first step to ending a marriage is actually deciding that it is over. In California, many people decide to file for legal separation before actually filing for divorce. The process for legal separation and divorce is the same. The main difference is that the court does not officially terminate your marital status during legal separation. However, you still divide your assets and debts and determine child custody arrangements, if the divorce involves children.
If you legally separate from your spouse, then you can later obtain a divorce and legally dissolve your marriage, if you wish. A divorce attorney can help you petition the Santa Clara divorce court to amend your petition for legal separation to a dissolution. Completing, filing, and serving the petition, summons, and accompanying dissolution of marriage judicial council forms gets the process started. What happens next depends on whether your spouse files and serves an answer.
If your spouse files an answer, then the case may proceed like any other divorce in California. However, if your spouse fails to file and serve a response within 30 days, then you can move forward with a default. A “true default” case involves a spouse that refuses to be a part of the process. In these circumstances, your spouse gives up his or her right to make any decisions or agreements. In other default cases, agreements on asset division, child custody, and support can still be made even when the other party does not file a response but does agree to dissolve the marriage. Always consult a family law attorney before signing any agreement, especially if you have concerns about your family’s best interests.
Filing for Divorce in California? Contact Our Santa Clara Divorce Attorneys Today.
Gomez Edwards Law Group, LLP is a Santa Clara family law firm that’s making a name for itself. Our passion for advocating for our clients, years of experience, strategic acumen and integrity have been the keys to our success. We represent petitioners and respondents in family law matters in Santa Clara and throughout California. And as experienced divorce lawyers, we know how to help minimize your cost and expenses. Call 408-413-1200 or contact our office below for a free consultation to speak with an attorney who can explain how the divorce process works.
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Gomez Edwards Law Group
2391 The Alameda, Suite 200
Santa Clara, CA 95050
9am to 5pm Mon-Fri
Gomez Edwards Law Group has represented clients in these San Francisco Bay Area cities: Atherton, Campbell, Los Altos, Mountain View, Los Gatos, Saratoga, Santa Clara, San Jose, Sunnyvale, Milpitas, Palo Alto and more.
The law firm has also represented clients in:
Santa Clara County, Alameda County, San Mateo County, San Francisco County, Santa Cruz County, Marin County and more.