Experienced San Jose Family Law Attorney
If you are filing for divorce in the Bay Area, the stakes are high. Whether you have a simple case or a complex and challenging legal battle, the outcome is likely to affect the rest of your life. Retaining a trustworthy and knowledgeable family law attorney is crucial to obtaining the most favorable outcome possible in child custody, child support and property division matters. San Jose family law lawyer John S. Yohanan has over 35 years of experience representing Northern California residents who need an aggressive, knowledgeable family law advocate. John S. Yohanan has been Martindale-Hubbell BV Distinguished rated for 20 years and is an invited member of the National Association of Distinguished Counsel which is comprised of the top 1% of attorneys in the United States.
Clear Answers and Consistent Updates
The decision to file for divorce is difficult and deeply personal. Child custody negotiations, for example, can be extremely contentious. Asset and debt division is not only technically complicated, but also emotionally challenging.
You may have many questions and concerns, but find it difficult to know what information from friends and family you can trust. The law can be complex, and your loved ones may not have the tools necessary to help you. Moreover, because they may know your partner, it may be hard to confide fully in them. While divorce can be draining, representation from a lawyer who is easy to talk to and keeps you informed may make a painful experience easier.
I provide clear answers to all of your legal questions and give you consistent updates about your case. My goal is to provide aggressive and effective advocacy, while still offering you attentive and understanding service.
Divorce in the Bay Area
To file for divorce in Santa Clara County, either you or your spouse must have been a California resident for six months and a resident of Santa Clara County for three months immediately preceding the filing. Under California Family Code section 2310, divorce is granted for either (1) irreconcilable differences or (2) proven incurable insanity.
California is a community property state. This means that except where a specific statute says otherwise, all property acquired by a spouse during the marriage while living in California is shared 50-50. California also recognizes “quasi-community property” which is property acquired while parties live in a non-community property state. When parties move to California and divorce, this property will be treated as community property. Unless the parties formally agree otherwise, the court must divide community property equally. Property owned by a spouse before marriage and property acquired after separation (including profits or rent) remains separate. While some states use rules of equitable distribution, in California, judges divide all community assets and debts evenly.
Alimony and child support take into account situations in which a spouse has stayed home and taken care of the children. In considering spousal support, the court will consider a stay-at-home spouse's ability to maintain his or her standard of living, ability to secure gainful employment, the needs of the supported party, the ability to pay by the supporting party, documented history of domestic violence, and the duration of the marriage, among other factors.
Legal Representation for Families in Northern California
My staff and I provide Northern California families with comprehensive legal advice and representation as they deal with divorce and other family law issues. I give each client undivided, individual attention and high-quality service, including prompt replies to any inquiry. My staff and I can help you regardless of where you are in the divorce process.
We understand what you're going through, and can help you prepare a prenuptial agreement, file for divorce, deal with paternity issues, obtain a legal separation, or request a modification of support or custody from the court. Contact an experienced San Jose family law attorney at (408) 297-0700 or via our online form.