Family Lawyer San Jose, CA
If you’re dealing with a family legal matter right now, whether that’s divorce, a custody fight, disagreements about support, or something involving protective orders, you may be going through a very difficult period. These aren’t the kind of legal issues you can keep at arm’s length and treat as abstract problems to be solved. They involve your children, your money, your home, the relationships that define your daily existence. The decisions that get made in the next few months will shape your family’s reality for years afterward, and the difference between getting good legal guidance and stumbling through on your own can be enormous.
A San Jose, CA family lawyer can help you understand what California law actually provides in your situation and fight for outcomes that protect the things you care about most. Schank Family Law has represented individuals in family law matters throughout California for more than twenty years now, handling everything from straightforward uncontested divorces where both sides agree on the major issues to complex litigation involving substantial assets, business valuations, high-conflict custody disputes, and domestic violence situations that require aggressive advocacy.
Reach out for a free consultation about what you’re facing.
Why Choose Schank Family Law for Family Law Matters in San Jose, CA?
More Than Two Decades Serving California Families
Family law cases touch on so many parts of life simultaneously, your finances, your children, your living situation, your plans for the future, that they require attorneys who can see the whole picture rather than just focusing on one piece. Christian Schank founded this firm over twenty years ago because he recognized that families going through these transitions needed representation from someone who understood how all the different elements connect and could develop strategies that accounted for that interconnection.
Christian earned his undergraduate degree from Brigham Young University and his law degree from the University of La Verne College of Law. The California State Bar has listed him as an active member since 2003, and he maintains an AV rating from Martindale along with Lead Counsel Verified status for family law matters. Throughout his career, he has handled family law cases across the full spectrum, divorces involving millions of dollars in assets, custody disputes where parents were fighting over every aspect of their children’s lives, support battles where the numbers would determine someone’s standard of living for years, and domestic violence situations where safety was the immediate concern.
What Christian has learned over two decades of doing this work is that family law requires a flexible approach. Some cases need aggressive litigation because the other side won’t negotiate reasonably. Others benefit from keeping conflict to a minimum because prolonged fighting just damages everyone involved, especially children. Knowing which approach fits which situation—and having the skills to execute either one effectively, comes from experience that can’t be rushed or replaced.
We provide free consultations because families dealing with these situations shouldn’t have to pay money just to understand their options and what the process might look like.
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“From the moment of my first inquiry call to the positive outcome of my case, the Law Offices of Christian Schank and Associates was completely supportive of our situation and needs. The representation was personable, professional and extremely knowledgeable in family law. There was never a time where I felt that my case wasn’t a priority.” — Glenn Artoilles
Additional reviews are available on our Google Business Profile.
Types of Family Law Cases We Handle in San Jose
Family law covers a broad range of legal matters affecting parents, spouses, children, and extended family members. Our San Jose family attorneys handle cases across the full spectrum.
- Divorce. Whether you’re heading toward an uncontested dissolution where both sides agree or gearing up for contested litigation, we guide clients through the process from initial filing to final judgment. Understanding the contested vs. uncontested distinction helps you know what you’re getting into.
- High-asset divorce. Substantial estates involving business interests, executive compensation packages, multiple properties, and significant retirement holdings require strategic planning and careful valuation to make sure nothing gets overlooked or undervalued.
- Child custody. Legal custody determines who makes major decisions about children. Physical custody determines where they live. We help parents establish initial orders, modify existing arrangements when circumstances change, and resolve disputes when parents can’t agree. Knowing the difference between physical and legal custody helps clarify what you’re actually seeking.
- Child support. California uses a guideline formula that considers both parents’ incomes and the custody time-share arrangement. We represent parents seeking appropriate support and those challenging calculations that don’t reflect actual circumstances.
- Spousal support. Temporary support during divorce and permanent support after judgment follow different rules. Courts weigh numerous statutory factors including how long the marriage lasted, what standard of living you maintained, and each spouse’s earning capacity.
- Property division. California’s community property system requires equal division of marital assets and debts. We handle everything from family homes to business interests and retirement accounts. Questions about who gets the house depend on specific circumstances and what other assets are involved.
- Restraining orders. Domestic violence protective orders provide crucial safety measures when someone is in danger. We represent survivors seeking protection and individuals defending against allegations that don’t tell the complete story.
- Guardianship. When children need care from someone other than their parents, guardianship proceedings establish legal authority through probate court.
- Grandparent rights. California law permits grandparents to seek visitation under specific circumstances, though you’ll need to demonstrate a preexisting relationship and that visitation serves the children’s interests.
- Mediation. Some disputes resolve better through negotiation than courtroom fighting. We represent clients in mediation and help them reach agreements that avoid the cost and emotional toll of prolonged litigation.
California Legal Requirements for Family Law Matters
California family law operates under the Family Code, which governs marriage, divorce, parentage, custody, support, and related issues. Knowing the key provisions helps San Jose residents understand what to expect as their cases move forward.
Residency requirements apply before you can file for divorce. Under Family Code Section 2320, at least one spouse has to have lived in California for six months and in Santa Clara County for three months before you can file dissolution paperwork here.
California is a no-fault divorce state. Family Code Section 2310 allows divorce based on irreconcilable differences without anyone having to prove the other spouse did something wrong. This simplifies getting divorced in the first place but doesn’t eliminate disputes over custody, support, and how to divide property.
Child custody follows the best interests standard. Under Family Code Section 3011, courts consider children’s health, safety, and welfare; any history of abuse; the nature of contact with both parents; and whether either parent has substance abuse issues. California law favors arrangements that provide children frequent and continuing contact with both parents under Family Code Section 3020.
Child support uses a statewide formula. Family Code Section 4055 calculates support based on both parents’ incomes and custody time-share percentages. The California Courts provide online calculators, but getting accurate results requires proper income analysis rather than just plugging in whatever numbers seem convenient.
Spousal support considers fourteen statutory factors. Family Code Section 4320 requires courts to evaluate marriage duration, marital standard of living, each party’s earning capacity, ages and health, any domestic violence history, and career sacrifices one spouse made for the other. For marriages under ten years, support typically lasts roughly half the marriage length. Longer marriages may warrant support that continues indefinitely.
Community property rules divide marital assets equally. Under Family Code Section 760, property acquired during marriage belongs equally to both spouses regardless of whose name is on the title.
What You Can Achieve in San Jose Family Law Cases
Family law outcomes depend heavily on what type of case you’re dealing with and the specific facts involved. Here’s what clients in different situations may obtain through the Santa Clara County family court system.
In divorce proceedings. You’re entitled to half the net community estate, all community assets minus debts accumulated during marriage. This includes home equity, retirement accounts, investments, and business interests. Getting proper valuations matters significantly because undervaluing assets means walking away with less than you deserve. Taking time to prepare financially before filing puts you in a stronger position.
In spousal support matters. Support amounts depend on the marital standard of living, earning capacity disparities between spouses, and the statutory factors courts are required to consider. Long marriages often result in support continuing indefinitely rather than for a fixed period. Understanding California’s support system helps set realistic expectations about what outcomes are actually achievable.
In custody disputes. Courts award arrangements that serve children’s best interests. Many parents achieve joint custody with substantial time for both. Others obtain primary custody when circumstances warrant it. Avoiding critical custody mistakes protects your parenting time.
In child support cases. Guideline support follows a statutory formula that produces specific dollar amounts based on income and custody percentages. High-income cases may deviate from strict guideline calculations. Support generally continues until children turn 18, or 19 if they’re still finishing high school full-time.
In restraining order proceedings. Protective orders can include stay-away requirements, no-contact provisions, orders forcing the other person to move out, firearm surrender requirements, temporary custody, and emergency support. Understanding what DVRO protections involve helps you know what relief might be available.
Attorney fee contributions. Under Family Code Section 2030, courts can order one party to contribute to the other’s legal fees when there’s a significant income disparity. This exists to make sure both sides can afford adequate representation regardless of who controlled the money during the marriage.
Work with a lawyer who understands financial disclosure requirements so they can help you gather the documentation you’ll need. They will also know how to help your children through this process as part of your case.
Contact Schank Family Law
Family law matters affect virtually every part of your life at once, and having experienced representation makes a real difference in how things turn out. We offer free consultations where we can hear what’s happening in your situation, explain how California law applies to your facts, and discuss what strategies might make sense for protecting your interests.
We handle family law matters throughout Santa Clara County—divorce, custody, support, property division, restraining orders, and guardianship. Whether your case involves relatively straightforward issues or complex circumstances that require aggressive litigation, we have the experience to guide you through.
Give us a call when you’re ready to discuss what you’re facing.
What Steps Should I Take When Facing a Family Law Issue in San Jose?
1. Identify what type of case you actually have. Family law covers divorce, custody, support, restraining orders, guardianship, and more. Knowing the category determines which court forms you need and what procedures apply.
2. Determine whether your matter involves an existing case or requires a new filing. If you already have a family law case number from a prior divorce or custody action, new requests typically get filed in that existing case rather than as a separate proceeding.
3. Locate all relevant court orders currently in effect. If you have existing custody orders, support orders, or restraining orders, gather copies. Any new action will build on or modify what already exists.
4. Compile financial records for both spouses. Tax returns, pay stubs, bank statements, retirement account statements, and stock compensation records are needed in virtually every family law matter that involves money.
5. Write a timeline of key events. Include marriage date, separation date, significant incidents, when children were born, and any prior court proceedings. A clear chronology helps your attorney assess the situation quickly.
6. Research which courthouse handles your case. Santa Clara County family law matters are heard at the Family Justice Center Courthouse at 201 North First Street in San Jose. Knowing the correct location and department avoids wasted time.
7. Check whether your matter requires mediation first. Custody disputes in Santa Clara County require mandatory mediation through Family Court Services before the judge will hear contested issues. Support and property matters do not.
8. Assess whether emergency relief is needed. If there is immediate danger to you or your children, emergency protective orders, temporary restraining orders, or ex parte custody requests may be appropriate before the regular hearing timeline.
9. Organize your priorities. Family law cases often involve multiple issues simultaneously. Deciding what matters most to you, whether that is custody time, keeping the house, or minimizing support obligations, helps your attorney build the right strategy.
10. Schedule a consultation with a family law attorney before taking action. The decisions you make in the first few weeks of a family law matter set the trajectory for the entire case.
Family Law Statistics in San Jose
Santa Clara County’s family law caseload reflects the size and complexity of the region. With roughly 1.9 million residents according to the U.S. Census Bureau, the county generates a substantial volume of family law filings each year. Judicial Council data consistently shows family law among the highest-volume case categories in the county’s superior court.
The types of cases filed here skew more complex than in many other California counties. Silicon Valley’s concentration of high-income professionals means that divorce cases frequently involve RSU portfolios worth hundreds of thousands of dollars, homes valued above $1 million, and support disputes where both parties earn six figures. Even custody matters take on additional complexity when both parents work demanding tech jobs with travel requirements and irregular schedules.
Santa Clara County also sees a significant number of parentage actions filed by unmarried parents establishing custody and support. The county’s diverse population includes families from cultural backgrounds where marriage customs differ from U.S. norms, and the legal framework for unmarried parents involves different procedural steps than divorce, even though the substantive custody and support analysis is the same.
Restraining order filings represent another major category. The CDC reports that intimate partner violence affects millions of Americans annually. Santa Clara County processes hundreds of domestic violence restraining order petitions each year through its Family Division, alongside civil harassment orders and elder abuse restraining orders.
Guardianship petitions add to the volume. When parents cannot care for their children due to incarceration, substance abuse, mental health crises, or death, relatives and family friends petition for legal authority through probate court guardianship proceedings. These cases require navigating a different court department than standard family law matters.
San Jose Family Infographic
San Jose Family Lawyer FAQs
What types of cases does a family lawyer handle?
Family law covers dissolution of marriage, legal separation, custody and visitation, child support, spousal support, property division, restraining orders, guardianship, grandparent visitation, paternity, and related matters.
How much does a family lawyer in San Jose cost?
Fees vary significantly based on case type and complexity. A straightforward custody modification costs less than a contested high-asset divorce. Schank Family Law uses a retainer structure with hourly billing against a trust account balance.
Do I need a lawyer for my family law case?
Cases involving substantial assets, contested custody, complex income structures, or domestic violence benefit significantly from experienced representation. The financial and parental stakes in most family law matters justify having an attorney who understands the applicable law and local court procedures.
What is the difference between divorce and legal separation?
Both address custody, support, and property division. The difference is that divorce terminates the marriage while legal separation does not. Some couples choose legal separation for religious reasons, immigration considerations, or to maintain health insurance benefits that require marital status.
Can I handle my own family law case?
You can represent yourself. The Santa Clara County Self-Help Center assists self-represented litigants with forms and procedures. However, mistakes in financial disclosures, support calculations, or custody agreements can have lasting consequences that are expensive to correct later.
How does California’s community property system work?
Assets acquired during the marriage belong equally to both spouses regardless of who earned the money or whose name is on the title. Under Family Code Section 760, community property must be divided equally at divorce. Separate property, including assets owned before marriage or received as gifts or inheritance, stays with the owning spouse.
What is a QDRO and when do I need one?
A Qualified Domestic Relations Order divides retirement plan benefits between spouses in a divorce. You need a QDRO whenever the community property estate includes employer-sponsored retirement plans like 401(k)s or pensions. The Department of Labor provides guidance on QDRO requirements.
How are custody disputes resolved in Santa Clara County?
Parents who cannot agree on custody must attend mandatory mediation through Family Court Services. If mediation fails, the mediator may issue a recommendation, and the judge decides based on the children’s best interests after hearing evidence from both sides.
What happens if my spouse refuses to participate in the divorce?
If your spouse does not respond to the petition within 30 days, you can pursue a default judgment. The court can proceed and enter orders on all issues without the other spouse’s participation, though you must still prove your case on support and property.
Can I get a restraining order through a family lawyer?
Yes. Domestic violence restraining orders are filed in family court. Your family lawyer can prepare the petition, present evidence at the hearing, and address how the restraining order interacts with custody, support, and property issues in your case.
What if I need to modify an existing court order?
Either party can request a modification by filing a motion showing a material change in circumstances. Common modifications involve custody schedules, child support amounts, and spousal support. The court evaluates whether the change justifies altering the existing order.
How long do family law cases take?
It depends entirely on the case type and whether issues are contested. Uncontested divorces take a minimum of six months due to California’s waiting period. Contested cases with multiple issues can take 12 to 18 months. Standalone custody or support motions may resolve in a few months.
What is an Income and Expense Declaration?
Form FL-150 requires each party to disclose their income, expenses, assets, and debts. Courts rely on this form for support calculations and property division. Inaccurate or incomplete declarations can result in sanctions and adverse credibility findings.
Does the firm handle conservatorships?
No. Schank Family Law handles guardianships for minors but does not take conservatorship cases. Conservatorship typically involves adults over 18 and requires different legal representation.
Can I change lawyers during my case?
Yes. You can substitute attorneys at any point by filing a Substitution of Attorney form with the court. If you are unhappy with your current representation, you are not locked in.
What to Expect From a San Jose Family Lawyer
Family law cases in Santa Clara County follow different procedural tracks depending on the type of matter. Divorce cases begin with a petition and response, followed by financial disclosures, temporary orders if needed, discovery, settlement negotiations, and either a settlement agreement or trial. Custody-only cases proceed through mediation first. Support modifications require a noticed motion and hearing.
Throughout any family law matter, the court expects both parties to participate in good faith, disclose financial information honestly, and comply with existing orders while new orders are being sought. Judges in this county take noncompliance seriously, and violations of court orders can result in contempt proceedings, monetary sanctions, or adverse custody findings.
The timeline depends on cooperation. Cases where both parties engage constructively and make reasonable settlement offers resolve faster and cost less. Cases where one side obstructs, hides assets, or makes unreasonable demands take longer and generate higher legal fees for everyone involved.
What Are Important Local Resources for San Jose Family Law Cases?
Several agencies in Santa Clara County handle matters that intersect with family law proceedings.
- Santa Clara County Family Division – (408) 534-5711. Handles all family law filings at the Family Justice Center Courthouse, 201 North First Street, San Jose.
- Family Court Services – (408) 534-5760. Provides mandatory custody mediation and emergency screening services.
- Santa Clara County Self-Help Center – (408) 882-2900. Assists self-represented litigants with forms, procedures, and referrals across all family law case types.
- Santa Clara County DCSS – (866) 901-3212. Handles child support establishment, modification, and enforcement.
- Santa Clara County Clerk-Recorder – (408) 299-5688. Processes vital records including marriage certificates relevant to dissolution proceedings.
Schank Family Law is not affiliated with and does not endorse any of the organizations listed above. This information is provided for reference purposes only.
Schank Family Law – San Jose Family Lawyers
111 N Market St #1020
San Jose, CA 95113
