Getting a divorce in San Jose

Flowchart provides quick picture of the process

May 10, 2011

By Mike Hinshaw

Today we’ll focus on specifics of filing for divorce in Santa Clara County, home of not only San Jose and other beautiful towns and cities in the area but also Santa Clara Valley–otherwise known as Silicon Valley.

Related information

However, you also can see related info that applies to California state law and other overlapping concerns in:

Dealing with grief

Because divorce can be so very stressful, I hope you  don’t forget to “budget” for emotional and psychological needs. Even though people do manage to successfully complete a divorce “on their own,” that is, as a pro se appearance, most people recognize the value of hiring a compatible, experienced attorney to ensure “everything’s in order.” However, too many overlook the value of trained counselors and spiritual guidance during a time of intense grief.

The court’s flow chart

That being said, let’s look at a flow-chart graphic of the divorce process, provided by the Superior Court of California for Santa Clara County. First, you might be overwhelmed: don’t be–with a trained, experienced attorney by your side, this flow chart will soon be crystal clear.

Violence involved? Deal with that first

However, looking upon it first-time, you might not recognize that family violence–more commonly referred to as “domestic violence”–takes precedence. In other words, if either spouse or any children are at risk of violence or demonstrated abuse, the court needs to be informed, right up front.  If you hold back, the court is seriously limited in the protection it can provide. Hint: do *not* hold back, on this issue…

Realize this: If you have such issues, you do NOT have to wait for a divorce petition to be filed. Regardless of gender, you have the right for you and your children to be safe and unabused.

Specific links

OK, so here’s some very specific info for residents of Santa Clara County about:

  1. How to file for a divorce
  2. Temporary Orders for child or spousal support, emergency child custody or visitation, or restraining orders
  3. Mediation and collaborative law
  4. Children and divorce
  5. How to finish your divorce
  6. How to dismiss your case

Use our resources

The main thing to prevent is going all-points crazy. Seriously, the judges and any juries that might have sway on your case? They’re gonna be looking for nutty behavior. Regardless of your background, if you need to straighten up, then do so.

And regardless of your situation, consider working back through our links. It just may be that you can find exactly the lawyer for your specific situation.


And that’s where we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

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