Family law is a complicated matter that can quickly escalate from a court case to an overwhelming personal and legal battle. At Kaspar & Lugay LLP, we’re prepared to help you navigate these trying situations gracefully while protecting your interests. Get the legal counsel you deserve by working with a dedicated team of family law professionals.
Our Mountain View family law attorneys can guide and educate you about the legal process throughout your case. Reach out today to discuss your need for litigation, negotiation, or mediation. Our attorneys can help you in legal matters such as:
The family law team at Kaspar & Lugay LLP’s new Mountain View office takes pride in helping you achieve your goals for your case.
The state of California doesn’t assign fault to either party in the case of a divorce. Instead, Mountain View spouses file for divorce under the umbrella of “irreconcilable differences.” This essentially means that you cannot get along. As a result, California courts don’t punish either party for behavior during the marriage during the divorce process.
California is a “community property” state. That means that both parties are entitled to an equal share of the marital assets after a divorce. Since California is a “no fault” state, the reason for a divorce doesn’t change the amount that the court will award either party.
To obtain a divorce in California, you must submit to a six-month waiting period after filing the initial papers. This waiting period prevents either party from remarrying or filing taxes separately.
Only California residents may file for divorce in the state. At least one spouse must live in the state for a minimum of six months, and the divorce must be filed in the country in which they have lived for at least the previous three months. If both spouses live in the state, divorce can be filed in the home county of either party.
Spousal support is a court-ordered payment by a higher-income spouse to their former partner. It’s intended to help the lower-income partner support themselves in the lifestyle to which they’ve become accustomed.
California can order two primary types of spousal support, or alimony. First, temporary alimony is a short-term order that requires the spouse with a higher income to support their partner after they separate but before the divorce is finalized. In some cases, temporary alimony may become permanent when the divorce becomes official.
The second type of alimony in California is permanent alimony. It has a misleading name since it is rarely genuinely permanent. This type of alimony is paid by the higher-income spouse to their ex-partner for a period after the divorce is official.
In general, permanent alimony lasts half the length of the marriage. However, for long-term marriages of more than ten years, judges may use their discretion regarding the length of the payment schedule.
California determines child custody based on the best interests of the child in question. The goal is to minimize the change to the child’s lifestyle while ensuring their welfare. Courts consider several factors when deciding child custody, including:
Courts base child custody decisions on the child’s best interests and the custodial parent’s ability to care for the child. Along with the best interests and the custodial parent’s ability to care for the child, the court considers the following factors:
The court will award two types of child custody: physical custody and legal custody. Physical custody determines where the child will live, and it can be split to allow the child to spend time with both parents. Legal custody permits the parent to decide the child’s healthcare, education, and religious upbringing. It may also be split if parents can agree on these major decisions.
Custody decisions may not take certain factors about the parents into consideration when determining child custody, including:
Parents are legally obligated to provide for their children until they’re able to support themselves. Child support is intended to ensure that both parents support their children and minimize changes to their lifestyle despite a separation. It covers the needs of the child, including but not limited to:
Child support is paid monthly unless both parents agree otherwise. Many parents opt to have the state intercede in child support payments to minimize the need for direct communication with their former partner.
The Kaspar & Lugay LLP legal team is composed of experienced, compassionate, and invested attorneys. No matter the type of family law problem you have, we strive to minimize the difficulties involved. Our goal is to help you achieve a favorable result in your family law issue.
Get the knowledge, attention, and support you deserve, and let us fight for your family.
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The Santa Clara County Courthouse is where family law hearings will be held. If you need to go to a hearing or need to stop by the courthouse for any other reason, the address for the courthouse is 3501 Civic Center Drive, San Rafael, California 94903.
You’ll want to park in the parking area off Peter Behr Drive in the lot designated for all day parking. The civil clerk’s office, which handles family law and other issues, is located in room 113 on the first floor. Other family court services may be handled in room 116 on the first floor.
The picturesque city of Santa Clara is home to plenty of activities and fun things to do. You’ll want to make sure you look into Santa Clara by the Bay for biking, tree swings, ice cream and more. If you’re ready for an adventure, head on the ferry to Angel Island to have a picnic, go biking, or take a hike.
You can also have a fun night out on the town at any of the amazing restaurants in the area. The weather is beautiful year-round, so it’s always a great time to set off on an amazing adventure and leave the worries of your divorce behind for a little bit.
Do not hesitate to seek legal assistance if you’re considering a divorce, need help with a divorce you’ve already filed, or if you’ve finalized the divorce and need further legal assistance. The law office of Kaspar & Lugay in Santa Clara is going to provide all of the assistance you need before, during and after your divorce. Visit the law office or give them a call today to set up a consultation and discuss your situation with a lawyer.
Meaning “shark” in Spanish, Santa Clara is a picturesque town situated on the Santa Clara Peninsula, which is located in Santa Clara County. With a relatively small population — only around 9,000 — Santa Clara boasts a number of large areas of undeveloped land in addition to being within close proximity to Angel Island State Park.
Located in the downtown area, our Santa Clara family law firm office is within walking distance of a number of restaurants and attractions. We are also a 5-minute walk from the Santa Clara Town Hall Office and a less than 20-minute drive to the Santa Clara County Superior Court, where Mountain View family law matters are addressed.