San Jose Family Law Firm
Family law matters are emotionally taxing on the individuals involved. The legal rules and processes are complicated and unpredictable. The factors and circumstances considered by the courts are overwhelming and confusing to those not familiar with that which guides the court in making decisions in the process. You want answers when you are involved in a family law dispute. Our San Jose family law firm is knowledgeable and experienced in family law procedure. We will thoroughly evaluate the facts and circumstances in your case and provide you with legal advice you can rely on.
Prenuptial and Postnuptial Agreements
Marriage is a legally binding contract. California law provides that those contemplating marriage and individuals that have already married to come to an agreement regarding specific terms pertaining to their marriage. Child support and custody issues can not be validly addressed in postnuptial or prenuptial agreements. For a marital agreement to be enforceable in California, they must meet specific legal requirements. Family law requires the parties be advised to seek independent counsel. Marital agreements will not be enforced where one spouse was not provided the opportunity to consult independent counsel.
If you are considering a prenuptial or postnuptial agreement, you should consult our San Jose family law firm. We have extensive experience interpreting and drafting marital agreements. Our San Jose family law firm has the knowledge and skill to create a binding marital agreement.
Filing for divorce can be one of the most emotional and difficult decisions that a married person can make. Some divorces are amicable and simple, however, some can be complicated and heated. When the involved parties can agree or compromise on difficult issues it makes it easier for everyone. We are well aware that this is not always the case in a divorce. Where children, property, and debt are involved, it is critical to have a thorough understanding of your rights and duties.
During a dissolution, spouses owe one another a fiduciary duty. It is important to know what this involves in your particular circumstances in order to avoid potential sanctions for breach of the duty. Our San Jose family law firm will make sure that you fully understand the dissolution process and how it affects your rights and obligations. We are here to help you get through this difficult time.
Not all spouses are legally entitled to spousal support. There are numerous factors the court considers when determining when and for how long a spouse might be entitled to spousal support. The length of the marriage and employability of a spouse are two major factors the court will take into consideration.
If you think you might be entitled to spousal support or think you will be obligated to pay spousal support, discuss the facts and circumstances with our knowledgeable and experienced San Jose family law firm. Spousal support is not intended to last forever. Call our San Jose family law firm for more information on spousal support obligations.
California’s Family Code mandates that children be allowed frequent and continuing contact with their parents. In California, when the family court makes a custody determination, it is one that the court considers to be in the best interests of the child or children. In many jurisdictions, the parties are required to participate in mediation before a child custody determination will be made by the court. The court encourages the parents to come to a timeshare agreement. If the parties are unable to come to a mutual agreement, the mediator will make a recommendation to the court.
If you are involved in a child custody dispute, contact our San Jose family law firm. We will help you better understand what the court may consider. We will review the mediation process and give you advice regarding custody mediation. As with most family law matters, custody orders are not final. Changes in circumstances often give rise to a change in custody orders.
In California, child support is a right enjoyed by the child or children involved. Child support obligations impact the finances of both households. When there is a change in circumstances, child support orders may be modified. When the court orders the payment of child support, the calculation of the obligation is based on the timeshare of the child or children as well as other guideline factors. There are circumstances where the court may even order the payment of support if one party is intentionally unemployed or underemployed. Our highly regarded San Jose family law firm will discuss the particulars of your case and will provide you with an idea of how much child support you may pay or collect.
Contact Our San Jose Family Law Firm
Our San Jose family law firm at the Law Offices of Daniel Jensen is familiar with the tensions and stresses that often complicate family law issues. We handle all family law issues with compassion and sensitivity. If you are facing a child custody, divorce, or support issue, contact our San Jose family law firm at (408) 493-0082 today.