Although marriages are meant to last a lifetime, many marriages do not, and couples are left trying to navigate not only the emotional ramifications of the decision to end their marriage, but also the legal and financial consequences. Dissolving a marriage can be a challenging and complex process, and if you are considering filing for divorce, it is prudent to retain an attorney who will fight to protect your interests. At Daprile-Bell Family Law Offices, our San Jose divorce lawyers will work tirelessly to help you seek a fair resolution. We regularly represent people throughout Silicon Valley and are adept at handling a variety of family law concerns, including complex divorces for people who work for technology companies from Santa Cruz to San Francisco.Requirements for Obtaining a Divorce in California
California is a no-fault divorce state, which means that a party filing for divorce does not need to prove that the marriage dissolved due to the wrongdoing of his or her spouse. Instead, a divorce may be obtained due to irreconcilable differences that led to a breakdown of the marriage that cannot be remedied, or (less often) due to the permanent legal incapacity of a spouse to make decisions. A person seeking a divorce must meet residency requirements, which means that in most cases, either the person or his or her spouse must reside in California for a minimum of six months before the divorce action is filed. A divorce may not be finalized until six months after the responding spouse is served with the divorce action or makes a court appearance, whichever occurs earlier.Division of Property in a Divorce
Typically, property ownership rights and the valuation of any jointly owned property can be contentious issues in divorces. The divorce attorneys at our San Jose firm can help our clients navigate these complexities. In California, any property that either spouse acquires during a marriage is presumed to be community property, which means that it is owned equally by both spouses unless it is deemed separate property by law. Separate property is property that either spouse owned prior to the marriage, property obtained by a bequest, devise, descent, or gift, and income or profits accrued from separate property. Separate property also includes any income earned after the date of separation.
Community property will typically be divided equally in a divorce, while separate property remains separate. In some instances, separate and community property will be commingled, which makes it difficult to determine who has the right to claim the property. For example, if a spouse is given restricted stock options during the marriage that will not vest until after the marriage has ended, determining the nature of the property can be a complex process. Similarly, in cases in which a couple holds stock or an ownership interest in a business, one spouse may retain the stock or interest while the other receives half of the value of the stock or interest. Our San Jose divorce attorneys can make sure that the value of the stock or interest is accurately assessed.
There are numerous methods of determining the value of business interests, and parties may disagree as to which method is appropriate. At Daprile-Bell Family Law Offices, we regularly engage forensic accountants and other experts who are skilled at providing thorough and accurate assessments of the nature and value of an asset. This helps provide our clients with compelling arguments in favor of their positions.Consult a Trusted San Jose Attorney
If you or your spouse are thinking about ending your marriage, you should speak to an attorney regarding your rights. The dedicated divorce attorneys at Daprile-Bell Family Law Offices are based in San Jose, and we regularly assist people with family law issues throughout Silicon Valley. We take numerous measures to protect the health of our clients and prevent the spread of COVID-19, such as frequently sterilizing our offices and common areas, wearing masks, and providing chairs on our front porch where people can wait prior to entering our offices. We also carefully stagger in-person meetings and can meet with clients remotely via Zoom. You can contact a divorce lawyer at our San Jose firm by calling (408) 918-0920 or using our form online.