Best Divorce Lawyers in Milpitas

Frequently Asked Questions

• What is the non-emergency contact number for the local police station in Milpitas, California?

  For non-emergency cases, you may contact the Milpitas Police Department at 408-586-2400 or 408-263-1212. You may also visit the station at 1275 N. Milpitas Blvd. They are open Monday through Friday, from 8:00 a.m. to 5:00 p.m., excluding weekends and city-observed holidays.

• Where can I get a copy of police reports for incidents related to my case in Milpitas, California?

  You can get a copy of the police report by contacting the Milpitas Police Department at 408-586-2400 or sending a fax to 408-586-2488. You may also drop by the station at 1275 N. Milpitas Blvd. They are open Monday through Friday, from 8:00 a.m. to 5:00 p.m., except during city-observed holidays. You can also make a request online by visiting their website, www.milpitas.gov.

• How long does a divorce take in Milpitas?

  Divorce proceedings in Milpitas usually take at least six months, depending on the agreement between spouses. Once divorce papers are filed, there are other steps that make the process longer. The other party still needs to respond to the petition, share financial information with his/her spouse, and make decisions on splitting assets, liabilities, child support, and custody. The court will have to decide if neither one of the parties reaches an agreement.

• Should there be grounds when filing for divorce in Milpitas?

  No, there is no need for grounds when filing a divorce in Milpitas, since it abides by California's no-fault divorce system. This implies that in order to obtain a divorce, an individual does not need to make any charges of blame. The spouse may usually state "irreconcilable differences" as the reason for the divorce. Although fault is not a legal foundation for divorce, the court might consider it to assess other problems such as alimony and child custody.

• Should you be a Milpitas resident when you file a divorce in the area?

  Yes, you should be a resident. Based on California Family Code Section 2320(a), if you seek a divorce in Milpitas, either you or your spouse must have lived in the state for at least six months. Additionally, you or your spouse must have lived in the county where the case is filed for three months before submitting the petition. If these residency requirements are not met, neither you nor your spouse may apply for divorce. You may only file legal separation in these circumstances.

• Can you stop a divorce proceeding that you filed in Milpitas if you have already reconciled with your spouse?

  Yes, you can stop your divorce proceeding in Milpitas if you have decided to reconcile with your spouse. With the help of your divorce attorney, you can file a dismissal during any stage of the proceeding. If you subsequently want to continue with the divorce at a later date, you must start the procedure all over again. Note that if your partner initiated a divorce, you cannot end it on your own and must persuade your spouse to file for divorce dismissal.

• How is child custody determined in a divorce proceeding in Milpitas?

  Milpitas family courts favor the child's stability by following California's principle of upholding the best interests of the child. If both parents are involved in their children's lives, the court will favor shared custody. However, if one parent is absent and the other is the primary caregiver, the latter is generally granted sole custody.