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  • Writer's pictureJames Chau

New Year New Divorce - Santa Clara County Family Law

Updated: Oct 17, 2022

There is a informative article about the basics of starting a new divorce process for the new year. According to the article, January is a busy time of the year for divorce filings. Whether it is from a bad holiday season, or those looking for a fresh new start to their life, it is a busy time for filings.

After you have secured the assistance of a trustworthy family lawyer you need to start your filings. To start a new divorce case in California, the article states you must be a resident of California for one year prior to filing for divorce in California. The article states that, the attorney will assist in preparing the divorce petition, citing the reasons for the divorce. The most common cited reason is irreconcilable differences.

If there are children, the article recommends that the parties attempt to work out a custody schedule. If that is not possible, the courts will often decide on joint legal custody and primary physical custody to one parent with the other the visiting parent.

The next issue is the property division. The article states that in determining spousal support the courts will look at the length of the marriage, the standard of living, and the earning potential of the parties. The courts often divide property 50/50.

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