Answering Your Essential Family Law FAQs

It’s natural to have questions when facing a family legal matter. Issues involving family are deeply personal, and the legal system can seem overwhelming. Our goal is to provide clear, direct answers so you can make informed decisions about your future and the well-being of your children. Contact our Santa Clara County, CA family lawyer today to get all the answers to your questions!

Can A Spouse Stop The Divorce Process?

No. Once a petition for the dissolution of marriage is properly filed, your spouse generally cannot stop the legal process. They can contest the terms of the divorce, such as the division of property or a parenting plan, but they cannot legally force the marriage to continue. A no-fault divorce can proceed regardless of whether the other party agrees to the separation itself.

Is All Property Divided Equally In A Divorce?

No. California is a community property state, which means that the law requires a 50/50 division of all assets and debts acquired during the marriage. However, this is not the same as all property. Any assets one party owned before the marriage (separate property), or received as a gift or inheritance during the marriage, are typically not subject to this equal division.

Does Family Law Only Address Divorce Cases?

No. Family law is a broad field of practice that covers many legal issues impacting families, of which divorce is just one part. Our firm handles a wide array of cases beyond the dissolution of marriage. These include child custody and visitation disputes between unmarried parents, the establishment of paternity, modifications of existing support and custody orders, and obtaining restraining orders for protection against domestic violence.

Do Unmarried Parents Need A Child Custody Order?

Yes. Even if parents were never married or are currently getting along, having a court-ordered parenting plan is vital. Without a formal order, neither parent has clear legal rights to physical custody or legal decision-making authority. Our legal team can help protect your children, whether you and your parents are unmarried or are currently going through a divorce.

Is It Necessary To Hire An Attorney For An Uncontested Case?

No, it’s not necessary, but we do highly recommend it. An uncontested case means both parties agree on the final terms of the divorce or separation. While this agreement simplifies the process, it does not mean the legal requirements are simple. Even in agreed-upon cases, court documents must be filed correctly and on time, financial disclosures must be comprehensive, and the settlement agreement must comply with state laws. Both couples may also seem amicable at first, but disputes can still arise, which our attorney can handle.

Get Legal Help Today

We understand that taking the first step in a family law matter is difficult, but getting clarity is essential for your peace of mind. If you are facing a divorce, a child support matter, or need assistance with any family law issue, our experience can make a difference. Contact our Attorney Bernie today and discover why our clients consistently give us high ratings!