Santa Clara County Family Law Attorney
Here at Aeschleman Law, P.C., our team of compassionate family law attorneys in Santa Clara County is dedicated to providing guidance and representation for a range of family law matters. From divorce and custody to restraining orders, annulments, and prenuptials, we're here for you. We serve Santa Clara, Santa Cruz, Alameda, and San Mateo counties, recognizing the stress and challenges that often come with divorce, especially in high-asset cases.
We understand that negotiating child custody and property division can be emotionally charged, and we're committed to navigating these complexities alongside you. When people enter into marriage, they envision a lifelong commitment that goes beyond a spiritual union. Marriage is seen as the foundation for stable child upbringing and an economic partnership. Despite the initial intentions of permanence, we acknowledge that statistical data shows close to fifty percent of marriages ultimately end in divorce. We're here to support you through these difficult times with empathy and expertise.
In matters related to family law, having experience is truly important
Navigating the challenging terrain of a divorce often brings forth a cascade of disputes and bitter emotions. That's why having a skilled Santa Clara County family law attorney by your side is crucial. They act as a valuable buffer, guiding you through the negotiation of your divorce settlement and providing support in the emotionally charged atmosphere that can arise.
Here at Aeschelman Law Office, we comprehend the intricacies and tensions that come with marital dissolution. Our approach is rooted in empathy and tact. We collaborate with you, understanding your objectives, and work diligently within the legal framework of California to help you navigate the process more smoothly.
Representation in court and in non-court family law matters.
Whether you're in need of full-scale litigation support, representation at hearings, help with paperwork, or just some solid guidance, our services are crafted to cater to your unique needs.
Our aim is to resolve matters amicably whenever possible, saving you from the stress and costs tied to court proceedings. However, if the situation demands it, Aeschleman Law is ready to dive into litigation, passionately pursuing the outcome you desire. We'll present a meticulously prepared case to the court, ensuring your interests are well-represented.
Prenuptial and Postnuptial Agreements
Beyond handling divorce and child custody matters, we're here to lend a hand in crafting prenuptial or postnuptial agreements. These agreements aren't just pieces of paper; they're proactive steps that can help nip potential conflicts in the bud if a marriage faces challenges. The goal? To potentially save you from the added costs and emotional strain often tied to divorce proceedings. By planning ahead for what may come, you can have peace of mind, knowing everyone's interests are looked after and safeguarded.
Family Law Attorney Services for Santa Clara, Santa Cruz, Alameda, and San Mateo Counties
Here in California, Aeschleman Law is your go-to for personalized family law solutions in Santa Clara, Alameda, and San Mateo Counties. Whether you're navigating the complexities of divorce, dealing with child custody, or seeking advice on family support matters or prenuptial/postnuptial agreements, we've got your back. Connect with a Santa Clara County divorce lawyer today by giving us a call at 408-724-8930 to schedule a consultation. If you prefer, you can also reach out by filling out the form at the bottom of this website. We're here to help!
Client Testimonials
“When I needed a good attorney, I immediately asked for Nicole’s assistance and she handled my situation with finesse and grace. She did her job and made sure I was taken care of, and that meant a lot to me.”
- C.C.
"You are an amazing group...You guys are truly what I had envisioned, [a] dream team!”
-Katherine W.
“Working with Nicole during the preparation for the case, I found her to be extremely compassionate and sensitive to not only my needs, but to my entire family’s needs...”
-S.K.
Our Areas of Practice
Divorce
Divorce is complicated and can include property, child custody and child support issues. Let our Santa Clara County Divorce Attorneys help in this tough time.
Legal Separation
Legal separation, an alternative to divorce, can provide certain advantages. Our experienced Santa Clara County Legal Separation Lawyers understand all the legal pros and cons.
Marital Settlement Agreements
Get in touch with our experienced Marital Settlement Agreements Attorneys in Santa Clara County to safeguard your financial security and maintain your current standard of living. Rest assured that we prioritize your best interests throughout the process.
Child Support
Child support is an important but vexing issue in family Law. At Aeschleman Law, we can assist you in calculating and obtaining the appropriate support in your case.
Spousal Support/Alimony
There are different types of support orders in family law. The goal of our Santa Clara County Spousal Support Lawyers is to limit the negative financial effects on our clients.
Child Custody & Visitation
Aeschleman Laws works with parents to determine what custody and visitation schedule works best for their children and for the family as a whole.
Frequently Asked Questions About Family in San Jose
What are the residency requirements for filing for divorce in San Jose, California?
To file for divorce in California, you or your spouse must have lived in the state for the past 6 months and in the county where you plan to file (like Santa Clara County for San Jose) for the past 3 months.
How is child custody determined by courts in San Jose?
San Jose courts determine child custody based on the "best interests of the child" standard, considering factors like the child's age, health, safety, emotional ties to each parent, and each parent's ability to provide care.
Is California a community property state, and how does that affect divorce in San Jose?
Yes, California is a community property state. This means that most assets and debts acquired by either spouse during the marriage are considered equally owned by both and will be divided equally in a San Jose divorce.
How is child support calculated in California for residents of San Jose?
Child support in California is calculated using a statewide guideline formula that primarily considers both parents' income and the amount of time each parent spends with the child.
What is spousal support (alimony) in California, and how is it decided in San Jose?
How long does it typically take to finalize a divorce in San Jose?
In California, there is a mandatory minimum waiting period of six months from the date the responding party is served with divorce papers. However, the actual time to finalize can be much longer depending on the complexity of the issues involved.
What is the difference between legal custody and physical custody in California?
Legal custody refers to the right and responsibility to make decisions about a child's health, education, and welfare. Physical custody refers to where the child lives the majority of the time. Joint legal or physical custody means both parents share these rights/responsibilities to some extent.
What happens to the family home in a San Jose divorce?
The family home, if acquired during the marriage, is typically considered community property. Options for handling it include selling the home and dividing the proceeds, one spouse buying out the other's share, or one spouse keeping the home temporarily (e.g., until children graduate) with a future plan for sale or buyout.
Can a child custody or support order be modified in San Jose?
Yes, existing child custody and support orders in San Jose can be modified by the court if there has been a significant change in circumstances, such as a change in income, living situation, or the child's needs.
Do I need a lawyer to handle a family law matter in San Jose?
While you are not legally required to have an attorney, family law matters can be complex. Hiring an experienced San Jose family law attorney can help you understand your rights, navigate the legal process, and work towards a favorable outcome, especially in contested or complicated cases.
Have more questions? Contact us for a free consultation with a trusted San Jose Family Law Attorney.
San Clara County Family Lawyers
A unique family law firm in Santa Clara County.
Here at Aeschleman Law, our experienced family law attorneys understand that legal issues are diverse and call for personalized solutions. Our team brings a blend of sensitivity and expertise to the table, working closely with clients to create strategies that match their current needs and future goals. By employing alternative dispute methods and innovative settlement approaches, we're dedicated to reaching positive outcomes for your legal matters.
Divorce
Going through a divorce is no easy feat, especially when you consider the prevalence of such situations. Nationally, the divorce rate hovers around 50 percent, while in California, it's even higher at 60 percent. But being part of a statistical trend doesn't diminish the emotional weight that comes with divorce. Beyond the heartache of separating from a life partner, there's the intricate task of divvying up assets and navigating the complexities of child custody.
The multifaceted challenges of divorce have led experts to compare the experience to grieving a loss. In these tough times, having the guidance and support of a skilled, empathetic attorney is truly invaluable. Here at Aeschleman Law, our attorneys possess these qualities and more. We understand the emotional journey you're undergoing and offer both empathy and practical guidance throughout the entire divorce process.
Annulment
An annulment is like a legal reset button, where a judge declares a marriage invalid or void from the get-go. Getting an annulment isn't a walk in the park; couples need to prove specific grounds like incest, bigamy, coercion, fraud, mental or physical incapacity, or age-related issues.
If you or someone you care about is looking into getting an annulment, having a savvy attorney by your side is key to tackling the state's strict requirements. Here at Aeschleman Law, our attorneys have successfully guided many clients through the annulment process. We're committed to achieving positive outcomes for your case, providing the support and expertise you need during this unique legal journey.
Child Custody
Navigating a divorce, especially when kids are involved, can feel like an emotional rollercoaster. Naturally, your top priority is shielding your children from the downsides of the process, ensuring their emotional well-being remains intact. At the same time, it's crucial to safeguard your own rights and work towards creating the healthiest possible environment for your kids as they adjust to living between two households. Our team at Aeschleman Law gets the weight of these concerns, and we're wholeheartedly committed to addressing them comprehensively.
When it comes to custody arrangements, there are several moving parts to consider: legal custody, physical custody, and visitation rights. Legal custody involves decision-making power for the child's welfare, while physical custody relates to where the child primarily resides. Parents might share joint physical custody, or one may be granted sole physical custody. Even in cases of sole custody, the other parent could still have visitation rights, determined by separate court orders.
If your circumstances have changed, and you need to modify an existing custody arrangement, our team at Aeschleman Law has substantial experience in facilitating such adjustments to better suit your evolving needs. We're here to support you through every step of the process.
Child Support
Beyond taking care of your family's emotional well-being, addressing the financial aspects is equally vital. Every child deserves financial support from both parents, covering education, health insurance, extracurricular activities, medical care, and day-to-day living expenses to maintain their standard of living. At Aeschleman Law, we stand firm in championing for you and your children, ensuring the security and stability of their financial future.
Our legal team is dedicated to swiftly securing the necessary support orders. Child support is determined using a statewide formula and guidelines set by the state, factoring in various elements. We meticulously examine all relevant factors to ensure your child receives the maximum support possible.
If you find yourself as the supporting parent and encounter changes in your circumstances or realize that your support order is unreasonable, our attorneys at Aeschleman Law will passionately advocate for your financial well-being. We'll diligently work to adjust your support order within the bounds of the law to better suit your current situation. Your financial stability is our priority.
High Asset Divorce
In situations of elevated financial standing, the typical concerns associated with divorce can intensify. There's a persistent apprehension about potentially losing the financial stability and assets one has diligently built for themselves and their family.
When your financial standing is on the higher side, the worries that come with divorce can reach a whole new level. The fear of potentially losing the stability and assets you've diligently built for yourself and your family becomes a persistent concern. In California, where regulations provide precise guidelines for asset division, things can get even trickier, especially when you're dealing with complex assets like businesses and properties. Entrusting this task to an inexperienced attorney during divorce proceedings can pose significant risks. That's where we step in at Aeschleman Law. Our attorneys are seasoned in safeguarding your hard-earned assets, including:
- Stocks, Bonds, and mutual funds
- Retirement Funds (401(k)s, deferred compensation, pension accounts)
- Real Property (rental units, vacation homes)
Navigating this complex process can be daunting, but with Aeschleman Law by your side, you have a dedicated and aggressive advocate, ensuring that everything you've worked so hard to achieve is protected. Your assets and financial well-being are our top priority.
Spousal Support/ Alimony
If you're thinking about divorce, a big worry you might have is how to make sure you have enough money during this big change. A lot of people who talk to us at Aeschleman Law are really concerned about this, especially when it comes to spousal support. We've helped lots of clients figure out spousal support, and we're here to help you with it, too.
There are two kinds of spousal support: temporary and permanent. Temporary support helps you out while the divorce is happening, and permanent support starts after the divorce is done. To work out how much support should be, we look at things like how long you were married and what you and your spouse need money-wise. It's a pretty detailed process, and we use a special formula that considers everything about your situation.
It's risky to try to sort this out alone or with a lawyer who doesn't have much experience. Our team at Aeschleman Law really gets how important this is. We know all the ins and outs of working out spousal support, and we're totally committed to looking after your financial future. We're here to help you every step of the way, understanding what you're going through and making sure you're taken care of.
Prenuptial/ Postnuptial Agreements
No one expects their marriage to face challenges, and considering a prenuptial agreement isn't a sign of failure. Instead, it's a wise step that couples can take to safeguard individual assets and prepare for the financial intricacies that marriage may bring. Aeschleman Law is here to guide you through these considerations by crafting a prenuptial or postnuptial agreement. The postnuptial agreement comes into play after the marriage has occurred, establishing asset organization.
This proactive measure often minimizes conflicts that may arise in the unfortunate event of a divorce, as key agreements have been established in advance. By entering into a prenuptial or postnuptial agreement, subsequent divorces are typically less costly and contentious. Our team at Aeschleman Law specializes in both types of agreements and is dedicated to helping you safeguard your financial assets. Your peace of mind matters to us.
Reach out to Aeschleman Law for the assistance you require.
At Aeschleman Law, we're not just attorneys; we're dedicated partners here to guide you through every stage of your family law journey. Our commitment is to ensure that every decision is thoroughly explained, providing you with insights into the options that will best stabilize and enhance your life. Your best interests are at the forefront of our representation for you and your family. Our ultimate goal is to make the process smooth and efficient, so you can emerge from this experience happier, healthier, and ready to embrace the future with confidence and security.
Conveniently located in San Jose, California, Aeschleman Law offers personalized family law services spanning Santa Clara, Alameda, and San Mateo Counties. Whether you're navigating divorce, child custody, family support matters, or seeking assistance with prenuptial or postnuptial agreements, reach out to the offices of Aeschleman Law today at (408) 724-8930 to schedule a consultation. We're here to support you on your journey.
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