Getting divorced is a personal decision which has real world implications for you and your entire family. The San Jose Divorce Attorneys at Feak & Revelo, LLP are dedicated to guiding our clients through the divorce process by clearing identifying all available options at each stage of litigation. Understanding the process and possible outcomes at each stage of litigation is what separates us from other divorce lawyer San Jose.
Community property
California is considered a community property state. This means that all assets and debts accrued during the marriage hold a community property presumption and the parties, or the court, must determine who is awarded each debt or asset acquired during the marriage. Community property begins to accrue from the date you are legally married through the date of separation. Often, the date of separation is a highly contested issue because of its community property implications. It is important to choose a San Jose divorce attorney who understands how to quickly and efficiently resolve these types of disputes.
Separate Property
In light of the community property law within California, it is important you spend some time with your San Jose Divorce Attorney to determine what assets you can claim as your separate property. As a general matter, separate property includes those assets you acquired before marriage, by inheritance, or sometimes assets acquired by a party after the divorcing spouses were living separately. For example, if you purchased a home before you married your current spouse, you may be able to claim that home as your separate property during the divorce. Feak & Revelo, LLP is among some of the best divorce lawyers San Jose and can help you protect your separate property interests during a divorce.
Reimbursements
Requests for reimbursements from one spouse to the other often come up during a divorce proceeding. For example, if the parties used the share the rental income they received from an investment property but now the other spouse refuses to send half during the divorce, can you be reimbursed for that amount? The San Jose Divorce Lawyers at Feak & Revelo, LLP can review these types of issues with you and determine whether the law supports a reimbursement for your claims.
The most common type of reimbursement claims requested during a divorce are called Epstein or Watts claims. These types of claims are usually launched when one party continues to have exclusive use to a community asset.
Types of Reimbursements: Watts Claim
It is known fact that divorce can take quite a bit of time to resolve, especially when significant financial assets and real property is involved. The experienced San Jose divorce attorneys at Feak & Revelo, LLP focus our efforts on preserving reimbursement claims while the dissolution of marriage is pending. One type of reimbursement claim that commonly comes up during a divorce is called a Watts claim. This type of reimbursement arises from a widely known California case regarding the usage of community assets during a divorce. If you are presently going through a divorce and your spouse is getting the benefit of the exclusive use of community property assets, it is important to preserve your right to obtain a reimbursement for the use of that asset.
As an example, you and your spouse are getting a divorce, and you make the decision to move out of the community property home. You make the decision to get a modest apartment, but your spouse gets the benefit of continuing to live in the community property home. If you decide to lodge a Watts claim, you may be able to obtain a reimbursement for one-half of the reasonable value for the exclusive use of the martial home after you moved out. A San Jose Divorce Lawyer at Feak & Revelo, LLP is able and ready to evaluate your potential Watts claims.
Types of Reimbursements: Epstein Claim
An Epstein claim is often the counterpart to the Watts claim and deals with how the community property debts are paid during the divorce proceedings. Specifically, an Epstein claim is a type of reimbursement request that can be made if a spouse used their separate property earnings to pay on a community property debt.
Revisiting the example outlined above where you are living in an apartment and your spouse continues to get the benefit of residing the in community property home. If you are the spouse who moved out of the home, you would be entitled to an Epstein claim which would allow you to be reimbursed for up to one half of every mortgage payments made after the date of separation and during the divorce proceedings.
Reimbursement requests can be a significant financial consideration when going through a divorce, and it is very important for you to lodge these requests with the court in the right format as soon as practicable. If you are struggling to determine how to lodge these requests with the court, reach out to Feak & Revelo, LLP and one of our San Jose divorce lawyers will walk you through the types of reimbursements that can be requested in your case.
Stages of a Divorce in California
The stages of divorce in California can generally be broken down into four key steps. First, the individuals who would like to be divorced must file their petition with the court or their response to the petition to the court. Second, the parties must complete their preliminary declarations of disclosure. Third, the parties must decide (or ask the court to decide) how all community and separate property shall be divided, outline the custody or visitation schedule for minor children, and whether any child support or spousal support shall be ordered. Fourth and finally, any agreements between the parties must be reduced to writing and submitted to a court for final execution and judgment of divorce. The experienced San Jose Divorce Lawyers at Feak & Revelo, LLP have extensive experience handling all phases of a divorce proceeding no matter how contentious. Each divorce case is dynamic and subject to change quickly; it is important to select a San Jose Divorce Lawyer who is ready and able to handle those changes.
California is considered a no-fault divorce state, meaning there is no legal difference between who is the petitioner in a divorce case and who is a respondent in a divorce case. Sometimes, depending on the type of issues, you want to be the first to file so as to show the court that you are motivated to quickly resolve marital disputes. Selecting a divorce lawyer San Jose can be a difficult decision, but it is important to select an attorney who can help you decide what is strategically best for your case and for your family.
Stage One: Petition and Response
The court asks each party who is initiating an action with the family court to utilize the Judicial Council forms for the petition and response. The forms themselves appear to be straightforward but can carry long-term implications for your divorce case. For example, many people often do not know what to put in the community property and separate property sections on the petition and dissolution. It is important to reserve your ability to investigate and outline all community property to be divided by placing the appropriate terms in these sections. Working with an informed Divorce Attorney San Jose at Feak & Revelo, LLP can help you navigate these questions so that you are preserving all of your rights during the divorce.
After a Petition for Dissolution is filed with the court, the person who filed the petition will need normally need to personally serve this on their spouse. Service of the petition must be done by a person over the age of 18 years old who is not involved in the divorce proceedings. For example, a petitioning spouse cannot have a minor child serve their spouse because there may be temporary orders regarding custody and visitation for that child.
Once a petition has been served on the spouse, that spouse has 30 calendar days to complete and submit the Response to the Petition for Dissolution. This deadline can be extended to 45 days if the petition for dissolution of marriage if the responding spouse returns a Notice of Acknowledgment of Receipt. If you do not receive a Notice of Acknowledgement of Receipt or do not need the additional time, the best practice would be for the spouse responding to the petition to personally serve this on the petitioning spouse within the original 30 day deadline.
Stage Two: Preliminary Declaration of Disclosures
An experienced San Jose divorce lawyer will tell you that one of the most critical components of any divorce is completing your preliminary declarations of disclosures. At Feak & Revelo, LLP, we have worked with divorcing spouses who are homemakers, restaurant employees, teachers, police officers, tech executives and those who own well-known Silicon Valley business enterprises. In every case, no matter what you own, it is important to list all assets and debts known to you and clearly identify what is community property and what is separate property.
Another significant component of the Preliminary Declaration of Disclosures is the Income and Expense Declaration. Many people do not truly understand how to compute their own monthly gross income or whether the deductions identified on their paycheck are pre or post-tax. The experienced San Jose divorce lawyers at Feak & Revelo, LLP can help you evaluate your income and determine how it should be presented in your Preliminary Declaration of Disclosure.
Stage Three: Agreements on Property Division, Custody/Visitation, Support and Attorney Fees
As soon as the parties to a divorce have outlined the assets, debts and other financial issues in the divorce the case becomes exceptionally dynamic. The San Jose Divorce Attorneys at Feak & Revelo, LLP are skilled negotiators who understand that the quickest and most cost-effective means to quick divorce is through detailed settlements. However, if settlement is not possible, a San Jose Divorce lawyer with Feak & Revelo, LLP knows the importance of prompt motions to the court on all issues that cannot be resolved amongst the parties. This stage of litigation is heavily case-dependent and our team of attorneys at Feak & Revelo, LLP are determined to help you decide what course of action is best for your case.
Stage Four: Judgment of Divorce
Any San Jose Divorce Attorney needs to understand how to reduce agreements to writing and how to make sure you are protected at the end of your divorce. After you have either made agreements on who is going to be awarded what community property in the divorce, you need to determine how it will divided and by whom. The process for dividing community assets and debts varies depending on the type of asset, and it is important to have a San Jose divorce attorney who knows how to divide property such as equity in a home, a 401k, credit card debt, and other types of financial assets. Similarly, if you have children, you need to have clear court orders regarding when and where visitation for each parent shall occur, including holiday and vacation schedules after considering the children’s school calendar and activities. The San Jose divorce lawyers at Feak & Revelo, LLP are capable of handling all aspects of your divorce and dedicated to doing so in the most effective way possible.
We Also Focus on the Following Areas in San Jose, CA:
Alexis helped me get through the worst time in my life and I was very grateful to have her as my attorney. She has a very approachable personality which made me feel relaxed and comfortable. Not only is she very bright, but she also genuinely cared about my case. She was always very responsive and engaged. I highly recommend her and I could not have asked for a better attorney.
Michael
I just want to say how much I appreciate Alexis and all she has done for me over the year. It felt like it was never going to end, but I'm so happy this is now finally closed out and I can move on with my life. I can't imagine having survived it without you!
Thomas
Samantha Feak was my attorney and she worked her butt off for me! I am proud to say that as of today I am finally divorced, and I couldn't have done it without her. She fought for me when I felt like I didn't have the strength to fight for myself any more, and she got it done. She made sure my divorce included a much needed restraining order to keep me safe from the physical and emotional abuse, and harassment from my ex husband. I cried tears of happiness when I got the call this morning it was finally
Natalie
I am thankful for Samantha, she is so calm yet impactful whereas I felt totally overwhelmed. I admire her abilities, and I’m very thankful for guidance in court.
Renee
Alexis was an amazing attorney in my divorce case. I had a highly litigated and contested case. She has been in my corner since the beginning, and assisted me every step of the way. I could not imagine what my situation would be like if Alexis was not leading the ship!
Ally
Samantha is the best thing to happen to my daughter and I. She helped me understand the crazy tactics of my ex and helped the court understand why I needed custody of my daughter. I am so lucky to have her as my lawyer.
Emil
Attorney Revelo is professional, thorough, and smart. She understands all the nuances of the law regarding Divorce and Separation and I am grateful she took my case. She is efficient and caring all at once. I was able to get my divorce finalized in a little over six months. She made a court date and personally oversaw the final judgement. She is trustworthy, fair, and ultra-competent. I would recommend her to anyone seeking a divorce or separation. Attorney Revelo embodies excellence in her field of law.
Rosella
From the very beginning of reaching out for a consultation I have felt so at ease, the response back from everyone is so fast and relieving. Alexis Revelo has been by my side every step of my case, I cannot say enough positive things about Alexis!! Her knowledge and compassion has made this stressful time for me a lot more manageable.
Melissa
Samantha was great to work with on my case. Her attention to detail and legal advice every step in the process helped considerably in the final six months of my case.
Brett
Latest Blog Posts
Navigating Business Disputes: Strategies For Resolution
Business disputes are an inevitable part of running a company. Whether it’s a disagreement with a partner, a contract dispute, or issues with employees, understanding how to handle these conflicts...
Feak & Revelo, LLP: Your Trusted Divorce Partners in San Jose
Divorce can be one of life's most challenging experiences, impacting every aspect of your life. At Feak & Revelo, LLP, we specialize in guiding our clients through the complex process...
Understanding The Legal Process: A Step-by-step Guide For New Clients
Navigating the legal system can be daunting for those unfamiliar with its processes. At Feak & Revelo, LLP, we believe that knowledge is empowering. This guide will walk you through...
