Divorce Lawyer in San Jose, CA — Your Complete 2025 Guide

Finding the right divorce lawyer in San Jose, California can make a critical difference in the outcome of your case, especially if you're dealing with complex assets, custody disputes, or a high-conflict spouse. This guide covers everything you need to know about the divorce process in San Jose — including attorney costs, local court details, residency rules, and more affordable options if your divorce is uncontested.

Do You Need a Divorce Lawyer in San Jose?

A San Jose divorce lawyer may be necessary if your case involves:

• Disputes over child custody, visitation, or parenting schedules

• High-conflict communication or an uncooperative spouse

• Significant assets, real estate, or Silicon Valley stock compensation

• Business ownership or professional practices

• Disagreements over spousal support

• Domestic violence or need for restraining orders

• Suspected hidden income, cryptocurrency, or offshore assets

• Anticipated hearings, mediation, or trial

However, you may NOT need a lawyer if your divorce is uncontested, meaning both spouses agree on:

• Co-parenting arrangements

• Child support and spousal support

• Division of community property and debts

• How to split retirement, RSUs, ESPPs, or stock options

• Who keeps the house or other major assets

For uncontested divorces, Divorce.com can prepare or file your San Jose divorce forms for a fraction of the cost of attorney-led divorce.

Where to File for Divorce in San Jose, CA

Divorces in San Jose are handled by the Superior Court of California, County of Santa Clara.

Primary Filing Location (San Jose Residents)

Santa Clara County Superior Court — Family Justice Center Courthouse
201 N First Street
San Jose, CA 95113
(408) 534-5600

This courthouse handles:

• Divorce & legal separation

• Custody & visitation

• Child & spousal support

• Domestic violence restraining orders

• Settlement conferences & mediation

• Trials and hearings

Santa Clara County supports e-filing, which is helpful for uncontested cases.

California Residency Requirements for Divorce

To file for divorce in San Jose, you must meet California’s residency rules:

• Lived in California for at least 6 months, AND

• Lived in Santa Clara County for at least 3 months

If you don’t yet meet residency requirements, you may file for legal separation first and convert it later.

How Divorce Works in San Jose, CA

Here’s how the divorce process typically works:

1. File the Petition (FL-100) and Summons (FL-110)

These documents officially begin your divorce.

2. Serve Your Spouse

They have 30 days to respond.

3. Mandatory Financial Disclosures

Both spouses must exchange:

• Declaration of Disclosure

• Income & Expense Declaration (FL-150)

• Schedule of Assets & Debts (FL-142)

This is especially important in Silicon Valley cases involving:

• Stock options

• Restricted stock units (RSUs)

• Startup ownership

• Tech compensation packages

4. Parenting Requirements (If Children Are Involved)

Santa Clara County requires:

• Mandatory mediation through Family Court Services

• Filing of a proposed parenting plan

• Possible parenting classes

5. Settlement or Litigation

Uncontested cases move quickly to judgment.
Contested cases may involve:

• Temporary hearings

• Mediation

• Discovery (often heavy for tech executives)

• Depositions

• Settlement conferences

• Trial

6. Final Judgment of Dissolution

Once all issues are settled, the judge signs the final judgment.

⚠️ Mandatory Waiting Period:

California requires a 6-month waiting period from the date of service.

How Much Does a Divorce Lawyer Cost in San Jose, CA?

Attorney fees in San Jose are among the highest in the country due to Silicon Valley’s cost of living and complexity.

Typical costs:

• Hourly rate: $400–$900

• Uncontested divorce with a lawyer: $5,000–$10,000

• Contested divorce: $20,000–$60,000+

• High-asset / tech-compensation divorce: $75,000–$250,000+

Cases involving RSUs, crypto, startups, or private equity can become extremely expensive.

Local Divorce Lawyers in San Jose, CA

Here are respected San Jose divorce attorneys from your directory:

1. Hoover Krepelka, LLP

https://www.hooverkrepelka.com

2. Morgan Tidalgo Sukhodrev & Azzolino LLP

https://www.mtsalaw.com

3. LPEP Law Group

https://www.lpeplaw.com

These firms handle complex Silicon Valley divorces, custody litigation, and high-conflict cases.

More Affordable Alternatives to Hiring a Lawyer

If your divorce is uncontested, you have low-cost options.

Divorce.com offers three flat-fee solutions:

Paperwork Only — $499

We prepare all California divorce forms for you.

We File for You — $999

We prepare and file your forms with the Family Justice Center Courthouse.

Fully Guided Divorce — $1999

A 1:1 specialist manages your entire divorce from start to finish.

These services are ideal for couples who want a smooth, low-stress alternative to attorney-led divorce.

When You Should Choose a Lawyer Instead

Hire a San Jose divorce lawyer if:

• You expect a custody dispute

• Your spouse refuses to negotiate

• You own a business, startup equity, or complex investments

• Domestic violence or safety issues are involved

• You suspect hidden assets, crypto, or income

• You anticipate hearings, discovery, or trial

Why Divorce.com Is a Smart Choice for San Jose Couples

• California-specific forms

• Clear, flat-fee pricing

• Filing services available

• Expert divorce specialists

• Much cheaper and faster than attorney-led divorce

• Ideal for uncontested divorces

Divorce.com helps San Jose residents complete their divorce with confidence, clarity, and support.

Start Your San Jose Divorce Today

Whether you choose attorney representation or an online solution, the most important step is getting started. Divorce.com provides an affordable, streamlined, and stress-free way for San Jose families to complete their divorce.