San Jose Family Lawyers

Family Law

The practice of family law has evolved over time and is continues to evolve with the impact of COVID19. The senior attorneys in our office all serve as volunteer judges at the court house and are respected by the judges for assisting them in decreasing their dockets. Our firm is notorious for settling the most difficult cases at family court due to our expertise and confidence – litigants and attorneys listen to us. With COVID19 the judges’ calendars have even been more impacted. We are working closely with the presiding judge on committees to offer solutions such as zoom, more telephonic hearings and using private judges, which is something our firm is already adept at doing. We are focused on providing solutions and a path forward for an array of complicated legal issues. In addition to handling divorce matters, our San Jose family law attorneys represent parents in complex child custody situations, often through a process of negotiation and mediation, in other cases, in trial before a judge. Victims of domestic violence can take advantage of the services of a lawyer to secure restraining orders against an aggressor. Our San Jose family law attorneys can also play an important role prior to the marriage of two people by helping to negotiate premarital agreements with the goal of reducing the possibility of uncertainty at some future point.

Divorce

People contemplating divorce do not do so lightly, processing numerous emotions before making the decision to meet with a divorce lawyer. A person may have multiple goals they wish to accomplish as part of the divorce process, one possibly being the assurance they have received a fair and equitable outcome, whether by settlement or use of the courts, if needed. Issues that our attorneys can help resolve include identification and accounting of marital property to be divided and the amount of spousal support needed for a spouse to acquire additional education or training to support themselves going forward. In the event the spouses started a family together, custody and child support matters must be addressed. An experienced lawyer can also help a divorcing spouse to understand their rights under the law, particularly in complex divorce cases. We also have an understanding of taxes and how they impact divorce and work to save you as much as possible. The most important point is that we only do family law and are experts in this area.

Premarital Agreements

A premarital agreement is a legally binding financial arrangement between two people who plan to marry and we write many of these and understand and implement all of the current laws in regards to them. While known for protecting each spouse’s financial assets in the event of divorce, premarital agreements can be useful tools for addressing future financial matters, whether or not the marriage ends in divorce. Couples with children from previous marriages can, separate from necessary estate planning documents, formalize inheritance plans for those children, to be implemented after their parent has died. A premarital agreement can stipulate how much of the couple’s income is to be set aside and placed in savings, and can include a predetermined plan for settling any financial disputes that come up at some point in the marriage. If one person is asked to consider signing a premarital agreement, it is best for that person to hire an attorney to review the document prior to finalizing the agreement.

Spousal Support

We represent many high earners and their spouses and we are very experienced with restricted stock units, bonus and commissions. We have obtained and defended some of the largest support awards. Obtaining the amount of spousal support a divorcing spouse is entitled to requires thorough research and analysis by a skillful divorce lawyer in San Jose of financial holdings and other information, including jointly held financial assets, real estate, employee stock options and restricted stock units. In some instances, a spouse may try to hide some assets or forms of income in order to reduce the amount of potential spousal support payments and we are adept at all of the ways to discovery those. Issues that can affect the amount of spousal support a person may be entitled to include the length of the marriage, employment-related skill sets, and the degree to which the spouse can support themselves going forward. The duration of spousal support payments can vary, depending upon the circumstances, including the length of time it takes to secure appropriate employment and whether the recipient suffers from some form of disability that prevents them from becoming gainfully employed.

Child Custody

Negotiations for determination of custody arrangements can be stressful and emotionally exhausting, but the focus of these discussions really needs to be centered around the best interests of the child. Factors to consider related to physical custody include where each parent lives in relation to the other and how much time the child spends with each parent. Discussions of legal custody may involve decisions about appropriate educational needs, medical treatments, and religious affiliation, among others. Often times, legal custody is jointly awarded to both parents. Joint custody arrangements, though logistically more complex than terms involving sole custody, can offer a child the opportunity to maintain and even thrive in relationships with each parent. Whatever the outcome of custody negotiations, putting the needs of the child first and ensuring they can live in as stable environment as possible is of critical importance.

Child Support

Child support is calculated by assessing various forms of compensation, including salary, bonuses, and investments. The hiding of assets for purposes of reducing the amount of child support that a parent would ordinarily be responsible for is all too common. This is where an experienced San Jose family attorney in our office can play an important role in securing proper compensation for the care the custodial parent provides for the child. The level of child support that the state of California requires is determined using a formula that takes into account a number of factors, including income of both parents, recurring expenses on behalf of the child, and the cost of a health insurance policy for the child. Modifications to an existing child support agreement are possible under a number of circumstances, including shifts in income level for either parent or the lifestyle of one parent undergoes significant change.

Paternity

Establishing paternity is about more than simply formalizing the identity of a child’s father. Paternity, in cases in which the mother and the father of the child are not married, establishes a father’s legal obligation for child support and other responsibilities. Paternity can positively impact a child’s life by allowing the child to be covered on the father’s medical insurance plan or allow doctors to better understand a child’s family medical history in case of a medical emergency or health condition. While establishment of paternity increases a father’s parental obligations, it also benefits fathers seeking visitation or custody rights in order to become more involved in the lives of their children. Whether a person is the mother or the father of a child, a skillful lawyer can help the parent to successfully resolve unsettled matters.

Contact an Experienced Family Law Attorney Today

Realizing that you would benefit from the assistance of one of our lawyers to resolve your arears of concern is an important step along the path to a better future. Take the next step and contact Daprile-Bell Family Law Offices today by calling (408) 918-0920 or by sending us an email. We look forward to meeting you and determining how we can meet your needs.