Family Law Attorney San Jose
At Capital Law Offices, we are dedicated to providing our clients with professional and caring legal representation during what is often one of the most difficult experiences in a person's life. Our experience in negotiation, mediation and litigation as trial lawyers will work to your advantage. Gaining our client's trust is very important to us, and our attorneys strive to ensure that every case is given the personalized attention it deserves. For an initial consultation to discuss the situation and learn more about what we can do to fight for you during this challenging experience, call or visit our office today.
Because even the friendliest of divorces can be complicated, it is important to work with an attorney who can assist you in resolving the complex financial and legal issues involved, as well as shielding you from the potential for conflicts and unnecessary delays. A Family law attorney from Capital Law Offices is prepared to fight to defend your personal interests and pursue the most favorable settlement possible.
Depending on the duration of the marriage and the financial circumstances of each spouse in a divorce, alimony may be awarded to one spouse on a temporary or permanent basis. Because alimony is determined on a case by case basis rather than according to a set formula, it is important to have a skilled litigator on your side to defend your personal interests.
Allegations of child abuse can lead to arrest and criminal prosecution, in addition to the possibility of losing the right to child custody and visitation. Whether you have been falsely accused or if you need help securing the assistance of the legal system in protecting your children, we are prepared to help you tackle this sensitive issue.
Unmarried or divorcing parents must work out an arrangement regarding the custody of their child or children. Now referred to as time sharing or parental responsibility in California, these cases need to be resolved with professionalism and care. The courts in California prefer to rule in favor of shared custody, but will always seek the arrangement that is in the best interests of the children.
Both parents have a responsibility to provide financial support for their children, but in the aftermath of a divorce the primary burden often falls on the shoulders of one of the parents, based on factors such as each party's income and resources and the arrangement for custody and visitation.
You cannot legally finalize your divorce until you have fully settled all the outstanding issues between you and your spouse, including the division of assets and debts, spousal support and the care of your children. If the two of you are unable to resolve these matters out of court, the judge will be called upon to rule for you—in this situation, it is vital that you have hard hitting legal representation on your side.
Division of Assets
When two people are married, they may acquire property or assets which will need to be divided during a divorce, similar to in the dissolution of a business or corporate entity. The family law courts in California rule in favor of a fair—rather than equal—division of assets and debts, based on factors such as each party's current income and earning power.
Domestic violence is a criminal offense that involves virtually any type of assault or abuse of a family member, domestic partner, spouse, ex-spouse or other member of a household.It is unfortunately falsely alleged during a divorce, in order to gain the upper hand in matters such as child custody. Whether you have been abused or if you stand accused, we will fight to defend your rights in the situation.
A situation involving domestic violence, abandonment, drug or alcohol abuse or the death of a child's parents may lead to a family member seeking to adopt the child or children who have been left behind. We can help you approach this delicate situation with care and compassion, and will seek to protect the best interests of the children.
While in past decades the mother would receive primary custody of the children in a divorce almost by default, the courts in California now respect the rights of both parents to play a major role in the children's lives and seek at all times to allow a father to share custody whenever possible.
State law provides for the right of a grandparent to enjoy reasonable visitation with a grandchild, including if the child has been for any reason removed from the custody of the parent. All the same, grandparents often face major barriers in being able to see the children after a divorce, and an attorney may be able to help you avoid unnecessary problems.
There are different guidelines for establishing legal guardianship of a minor under the age of eighteen. Whether you are seeking guardianship of a grandchild or nephew or niece or the child of a close family friend, we may be able to assist you with the process.
California Family courts place a great deal of importance on keeping both parents involved in a child's life, in the belief that both parents have much to contribute to the children's well-being. Therefore, joint custody is preferred whenever this is in a child's best interests, and is established through the creation of a parenting plan.
A Family Law attorney at Capital Law Offices can assist you in making arrangements to live separately from your spouse prior to or during a divorce, including arrangements for the custody of children and the division of marital property.
Avoiding courtroom intervention in your divorce is desirable whenever it is possible, so even if you and your spouse are unable to easily work through the issues involved in your divorce you might benefit from hiring an experienced mediator at Capital Law Offices to facilitate discussions and negotiations and to guide you through the process.
Modification of Spousal Support
If you are paying or receiving spousal support and are interested in requesting a modification, we can help. We handle spousal support modification proceedings based on promotion, demotion, job loss, illness and remarriage, and can represent you in petitioning the court to alter the current terms.
Protecting the rights of mothers in custody cases and divorce proceedings is important to our legal team. Whether you need to establish or disprove paternity or are going through a divorce and want to ensure that you receive primary custody, a family law lawyer at our firm can help.
Order of Protection
An Injunction for Protection, or Order of Protection, is a court issued restraining order which protects a victim of domestic violence or abuse from further harm by prohibiting the abuser from continuing the conduct or even from coming into contact of any kind.
Couples who have lived together for many years face many of the same issues as a divorcing couple at the time when the relationship comes to an end, such as when one of the partners has been economically dependent on the other. We can help you pursue financial support from your former partner to maintain your standard of living and ease your transition back into single life.
One of the top priorities in any divorce case we represent is to defend the emotional well-being of the children and to preserve their relationship with the parents. If your former spouse is poisoning your relationship with your children through negative characterizations and remarks, we may be able to help you secure the cooperation of the court in correcting the situation.
Establishing paternity may be a crucial part of any custody case or legal matter involving child support. Whether you are the mother or father in this case, we can help you secure the DNA testing and legal recognition you need to establish the parenthood of your children.
A prenuptial agreement can play a major role in providing for the future stability of your marriage. While we do not necessarily get married with the intent that we will divorce or that something will happen to our spouse, this type of agreement can contribute to the security of your relationship by clearly defining economic responsibilities within the relationship.
Couples who have already legally wed but still wish to establish an agreement in case the marriage later ends can do so through a postnuptial agreement. This will allow you to determine in advance how property and assets will be divided, as well as how—and if—spousal support will be awarded.
Dividing property will be a necessary issue to address in any divorce, and in California these cases are handled on the principle of equitable distribution, which splits the assets and debts fairly, rather than equally. All property that is considered to be marital property will be subject to fair distribution between spouses.
A job opportunity or more favorable living circumstances may cause a parent to wish to relocate to another county or even another state. For parents who share custody of a child, this presents the need to get court approval before the move, either to reassign custody or to make new arrangements for visitation.
Spousal abuse may be defined as any form of physical, emotional or sexual abuse of a spouse or ex-spouse. Capital Law Offices provides experienced counsel both to victims of spousal abuse and to those who have been accused of domestic violence.
Spouses who are able to reach their own agreements regarding custody, property and support in a divorce may be able to complete an uncontested divorce. This is generally the fastest, least expensive and easiest form of divorce, and a family law attorney from our firm can assist you in pursuing this option.
Although the term "visitation" is no longer used in California courts, this is an important part of the parenting plans which are now established for unmarried or divorcing parents. Let us protect your right to remain involved in your child's life, rather than being delegated to making cameo appearances.
If you have any questions or would like to schedule a FREE initial consultation with one of our experienced attorneys, please Contact Us online or call at (408)449-6797 today!