Divorce, Uncontested Divorce, Legal Separation -
Family Law Attorney in San Jose Offers Full Range of Legal Services
The Law Offices of Ivy Chien, P.C. has vast experience representing numerous complex, high asset, and multi-ethnic Divorce and Child Custody cases in California. We are experienced at representing a broad spectrum of family law clients in Santa Clara County Family courts.
Diverse Clients - Diverse Experiences
Most importantly the Law Offices of Ivy Chien, P.C. enjoys helping clients. We understand they may be going through perhaps the most emotionally painful time of their lives. We want our clients to feel more secure about the legal process so we creatively consult with our clients about the many legal options available to them. Our law firm offers Full Representation and Limited Scope Representation legal services to Family Law clients.
The Difference between a Legal Separation and Divorce
Unlike a divorce legal separation does not end the marriage. When legally separated each spouse has a court order outlining their rights and responsibilities while they are living apart. The couple remain legally married, but choose to live separate lives. Separation agreements encompass many issues similar to divorce including Child Custody, Child Support, visitation schedules, spousal support, division of assets and debts, who gets the dog, and so forth.
The benefit of a legal separation is that it may protect ones interests until the decision is made to actually file for divorce. The separation agreement may also help to set precedence for various matters and create a pseudo "roadmap" for the divorce that may follow. That’s why it’s important to plan a separation agreement carefully and think long term.
What are the advantages of Legal Separation?
- It gives a man and wife time apart, perhaps away from high emotions, conflict, or perhaps even depression. It gives both individuals time to decide if divorce is what they really want.
- If the decision to divorce is made the legal separation agreement may essentially be turned into a divorce or, in California, a Marital Settlement Agreement (MSA).
- May allow for retention of insurance policies, medical benefits, health club memberships, and other benefits that divorce will eventually end.
- For those with religious beliefs that make them decide against divorce they are able to live separately and may retain marital status to conform with their religious beliefs.
- If you have minor children, it may give the parents time to adjust to “sharing the kids” and further weigh the emotional and financial issues regarding the children, legal separation, and possible divorce or union later on.
Contested and Uncontested Divorces in California
California is a “no-fault divorce state” which simply means one may get a divorce based upon irreconcilable differences. In an Uncontested Divorce, the spouses have already agreed to end the marriage and have also fundamentally agreed upon the terms of their divorce, agreeing in principal to the most important matters. This would include such as child custody, child visitation, spousal support, asset and debt division. In an uncontested divorce the Family Law Attorney can review the terms of your mutual agreement to ensure both parties have addressed all the necessary issues the family law judge will demand, then create a legal draft, or Marriage Settlement Agreement, to expedite and finalize the divorce.
Conversely, a Contested Divorce means that the spouses have not yet agreed to the terms of the divorce. Therefore, in order to reach a fair resolution, complex and aggressive litigation may be required. In contested divorce cases, it is the goal of the Law Offices of Ivy Chien, P.C. to aggressively protect your interests. Our job, plain and simple, is to work hard and successfully negotiate what you want and are legally entitled to.
The Law Offices of Ivy Chien, P.C. works with their clients from the first filing of your case to conclusion of the divorce process. We can help explain what California divorce laws mean to you and your specific situation, especially when others issues are involved, including:
At the Law Offices of Ivy Chien, P.C. we believe people need guidance to navigate the intricacies of the California divorce courts. All too often lawyers make you feel you work for them. This is not the case when we represent you in a Santa Clara county divorce case or other important family law legal matter. Our law firm understands that we have been entrusted, by our clients, to represent their best interests. The Law Office of Ivy Chien, P.C., provides a wide range of legal services for our clients that includes:
- Post Dissolution Order Modifications - Post Decree Modifications
- Domestic Violence Restraining Order
- Establishment of Paternity
Dedication to the client, understanding California divorce law, and savvy negotiation skills often make a difference when going through a difficult or even uncontested divorce. The San Jose Law Offices of Ivy Chien, P.C. represents clients in need of sound legal Family Law advice throughout Santa Clara County in California including the communities of Milpitas, Sunnyvale, Mountain View, Campbell, and Los Gatos.
Family Law Legal Services
Limited Scope Representation
- Domestic Partnership
- Child Support
- Child Custody
- Spousal Support
- Prenuptial Agreement
- Postnuptial Agreement
- Alternative Dispute Resolution (ADR)
1625 The Alemeda, San Jose
IVY CHIEN, ESQ.
Attorney at Law
1625 The Alameda, Suite 204
San Jose, CA 95126
Law Offices of Ivy Chien, P.C. Attorney and Counselor at Law
Copyright 2012 - All Rights Reserved. Law Offices of Ivy Chien, P.C.