If you are seeking counsel in the San Jose, Santa Clara County, California area concerning a legal separation or divorce (dissolution of marriage), Ernest can help you to resolve:

• Property division issues, including the valuation and distribution of your joint assets or debts (community property or separate property)
• Child custody arrangements, either an initial determination or via modification, involving decision-making authority for your children, their temporary or permanent physical custody and residence, as well as visitation schedules for both parents
• Child support and related matters (like daycare and health insurance costs)
• Spousal/Partner support (often referred to as "alimony" outside court)

We can help you with a case that is contested and requires extensive litigation, or we can guide you through a process of settlement with the other party outside court. Whether or not the case requires intervention by the court, you can be assured Ernest has extensive experience and knowledge of the local court system and can provide effective representation for you in all related matters.

The chief difference between a dissolution of marriage judgment and a legal separation judgment is that in the former the parties are unmarried at the end and in the latter the parties are still married. The court can and does in both types of cases deal with all the same issues, meaning property division, allocation of assets and debts, child custody and visitation, child support, spousal support, and all related issues. If a legal separation judgment is obtained and the parties later want to become unmarried, a new dissolution case must then be filed. Ernest can explain how these differences will affect you and help you to choose whether to file a dissolution of marriage case or legal separation case, or how to deal with either if you are the responding party.

Clients who wish to retain more control over the terms of their divorce or legal separation may consider Alternative Dispute Resolution (ADR), which allows for the resolution of conflicts without going to court. This usually involves mediation, which uses a neutral third party to assist in reaching an agreement, or a process commonly called Collaborative Divorce, in which all parties and their attorneys (if they have them) work together cooperatively to seek resolution of their issues. Ernest is able to determine which cases may be best resolved using these processes, as well as providing guidance throughout. In many instances, clients are more satisfied with the results of mediation or collaborative divorce.

Either through the courts or via ADR, our goal is to work toward a fair resolution of your concerns, with a very responsive, compassionate and competent approach to the process, whether in court or negotiated outside court. We are as aggressive as necessary but we have a firm commitment not to over-litigate our clients' cases and do as much as possible to seek an early, equitable conclusion in all matters.

Contact us online or Call Us at (408) 279-1100 for a free phone consultation to discuss matters concerning your divorce or legal separation.