Saratoga Divorce Lawyer

Saratoga Divorce Attorney

When couples decide to divorce, it can be one of the hardest experiences they can go through. In an ideal world, couples could cut ties seamlessly and instantly. Divorce is never as simple a process as a person would wish. Working with a Saratoga divorce lawyer can streamline the process for you.

Why California Residents Choose Us

At the Law Offices of Tracy Duell-Cazes, Tracy has over three decades of professional experience helping California residents navigate family law and divorce cases during their most challenging times.

Tracy is a Certified Family Law Specialist, making it easy for new clients to trust her extensive knowledge and experience in similar cases. Our firm is proud to represent residents of Santa Clara County and the surrounding areas.

California Divorce Laws

A small town with a 2023 population of 30,335, Saratoga is an ideal place for many Californians. Of these residents, around 910 to 1,213 were divorced. The divorce process, although emotionally challenging, is a common occurrence. When a Saratoga couple decides to divorce, state divorce law allows the process to begin if one spouse has:

1. Lived in California for at least six months
2. Lived in Santa Clara County for at least three months

The correct forms must be filed at the Family Justice Center Courthouse, located at 201 North First Street in San Jose. The spouse filing for divorce can then serve the other spouse with divorce papers.

The filing spouse has 60 days to fully disclose their financial information after filing their response which is due 30 days after being served with the Petition to their spouse, and the receiving spouse has 60 days to respond with their own financial information. Then, the couple can proceed to address any divorce issues that need to be resolved.

Different Types of Divorce in California

The average household income in Saratoga was $241,348 as of 2023. Because of this, it is essential to hire a divorce lawyer to ensure that assets are distributed properly and fairly.

Divorces can be either contested or uncontested. Contested divorces are those where the parties cannot come to an agreement on certain aspects surrounding the divorce, such as:

• Property division
• Spousal support
• Child custody
• Child support

These issues can be resolved through alternative dispute resolution programs, through the court, or privately. Mediation is a common method used. In this process, a neutral third party, known as a mediator, helps facilitate healthy conversations that enable both parties to work through their issues.

The goal is to help each side feel heard and reach a mutually agreed-upon agreement. This process is confidential, making it an ideal alternative to the public court.  If divorce mediation is unsuccessful, the parties may need to start the process again. Anything discussed or agreed upon that is not solidified by a court order or an agreed-upon stipulation that can be used outside of mediation is treated as if it never occurred.

Uncontested divorces are generally less expensive and can be quicker than contested divorces, if only because they take less time. An uncontested divorce in California takes at least six months to finalize, whereas a contested divorce can take longer.

FAQs

How Does Property Division Work in a Saratoga, CA Divorce?

In Saratoga, CA, a community property state, assets and debts acquired during marriage are considered community property and must be divided equally in divorce, regardless of who earned them. Separate property, such as pre-marital assets, gifts, or inheritances, remains with the original owner. Courts ensure fair valuation and equitable splits, often through agreements or orders.

How Is Spousal Support Determined in California?

Spousal support, which is payments paid from one spouse to another after divorce, is determined on a variety of factors outlined in Family Code section 4320. This is a separate issue from temporary spousal support which may be in effect while the case is progressing. The court assesses each person’s ability to earn a sufficient income to maintain the standard of living established during the marriage. They’ll look at the paying spouse’s ability to provide financial support and each spouse’s needs, assets, and debts. They’ll also consider the length of the marriage, as well as the health and age of both spouses.

How Long Does Spousal Support Last?

If spousal support is awarded in a California divorce, the length of support can depend on the length of the marriage. For marriages of a significant length, support may continue indefinitely. Courts can also choose to terminate support later for various reasons. Failing to pay spousal support can have severe legal consequences. If you fail to pay, the court can collect payment directly from your wages and community property

What Is Summary Dissolution?

Summary dissolution in California is a simplified divorce process for couples with no children, limited assets, and short marriages. Debts, not counting car loans, must be $4,000 or less. The total value of shared property, excluding cars and loans, must be under $25,000. Separate property must also be under $25,000. Community property may be divided, and spousal support must be waived.

What Is a Collaborative Divorce?

Collaborative divorce is a way for couples to avoid court. In this process, everyone must agree to share important information, treat each other with respect, and focus on problem-solving rather than assigning blame. They also agree that the conversations remain private. While the process is ongoing, no one can take the case to court. If either spouse decides to stop the collaborative process, both collaborative lawyers must withdraw, and new lawyers must be hired if the case goes to court.

What Should I Look for in a Saratoga Divorce Attorney?

When choosing a Saratoga divorce attorney, prioritize experience in divorce cases, especially in community property and complex asset division. Look for strong communication skills, a collaborative and assertive approach depending on your needs, and a proven track record of successful settlements or litigation outcomes. Ensure they’re responsive, transparent about fees, and familiar with local Saratoga courts.

Hire a Divorce Lawyer That You Can Rely On

When you go through difficult times in life, you need a support system you can trust. The Law Offices of Tracy Duell-Cazes values empathy and exercises no judgment during client appointments. Contact our office today to schedule your first consultation. Let us take care of the legal side of things so you can focus on your emotional well-being.