Family Law Attorney Assisting Residents of Northern California

Merrisa Coleman-Bishop has first-hand experience of what it is like to undergo a divorce, custody dispute, and spousal support dispute. She understands that her clients need dependable and legally accurate advice to guide them in some of the most important decisions that they will ever make. She starts with your own understanding of the facts that bear on your problem, and then she works with you to define your objectives. She will clarify the factual and legal background of your situation, and she will advise you as to what is the right way to proceed in your case. With over 22 years of experience as a divorce attorney in the San Jose area, she will provide you with practical options for obtaining your goals with the least expense, uncertainty, and time involved.

Family law is a term that encompasses legal actions that are designed to modify or define a familial relationship, including divorce, custody, and support actions. Generally, each party’s rights and obligations in a family law action are defined by the California Family Code (the Code). For example, the Code sets forth parameters for when and where divorce actions should be filed, who has the right to pursue child custody or support claims, and how much notice must be provided to adverse parties. It is critical for anyone who wishes to file a family law action to understand the Code and the procedural requirements that it sets forth.

Many married couples find that their relationship is unsustainable and seek a legal dissolution of their marriage via a divorce. In California, either the person filing the divorce petition or the person's spouse must have been a resident of the state for six months and a resident of the county where the action is filed for three months prior to the institution of the action. California allows for a "no-fault" divorce, which means that the party seeking a divorce does not need to prove that his or her spouse caused the breakdown of the marriage. A divorce decree will not be issued until at least six months have passed from the time when the responding spouse is served with the divorce pleadings or makes his or her first court appearance. A San Jose divorce attorney can make sure that a spouse seeking a divorce follows the appropriate procedures and does not waive any rights.

When a couple with a child decides to end their marriage or relationship, their primary interest is often determining an appropriate child custody arrangement. While some parents can arrange a custody agreement between them, court intervention is often required to develop a plan that is in the best interest of the child. In assessing what would be most beneficial for the child, the court will look at factors such as the health of the parents and the child, the child's needs, and each parent's resources. In many cases, courts will grant both parents joint legal and physical custody of a child, but they may order any division of custody that is deemed appropriate.