Practice Areas

Mauris blandit aliquet elit, eget tincidunt nibh pulvinar a. Curabitur arcu erat, accumsan id imperdiet et

Criminal

Corporate law

Investment Law

real Estate Law

Tech Law

Divorce

Divorce can be an expensive and time-consuming process. If you and your spouse are able to frankly discuss all of the issues that need to be resolved in your divorce (such as property division, child custody, child support, and spousal support) and reach a settlement on your own, the Law Office of Matthew J. Jensen can help you prepare a Marital Settlement Agreement and all of the other necessary paperwork to finalize your divorce. You will also be advised as to whether the settlement agreement that you are contemplating is consistent with your rights under the Family Code.

An uncontested divorce is a low-cost solution for people that can put their differences aside and resolve their cases amicably. If you are considering taking this approach with your divorce, please contact the Law Office of Matthew J. Jensen for a consultation.

Uncontested Divorce

Divorce can be an expensive and time-consuming process. If you and your spouse are able to frankly discuss all of the issues that need to be resolved in your divorce (such as property division, child custody, child support, and spousal support) and reach a settlement on your own, the Law Office of Matthew J. Jensen can help you prepare a Marital Settlement Agreement and all of the other necessary paperwork to finalize your divorce. You will also be advised as to whether the settlement agreement that you are contemplating is consistent with your rights under the Family Code.

An uncontested divorce is a low-cost solution for people that can put their differences aside and resolve their cases amicably. If you are considering taking this approach with your divorce, please contact the Law Office of Matthew J. Jensen for a consultation.

Legal Separation

In California, a legal separation is similar to a divorce in that assets are divided and the court will determine issues such as spousal support, child custody and visitation, and child support.  If you are legally separated and wish to remarry, you must file a petition for dissolution of marriage with the court.

Legal separation is an attractive alternative to divorce for couples who want to lead separate lives but remain married for religious reasons or to hold onto to their insurance benefits.  Legal separation is also available to couples who do not meet California’s residency requirements for divorce (6 months of residency in California and 3 months in the county that you seek to get a divorce).  Once the residency requirements are met, a couple can amend their petition to seek a divorce.

If you are considering a legal separation in lieu of a divorce, please contact the Law Office of Matthew J. Jensen for a consultation.

Property Division

California is a community property state.  “Community property” includes income earned by a married person during his or her marriage and any assets acquired using that income.  Property that is not community property is called “separate property.”

In a divorce proceeding, community property is divided equally (unless there is a written agreement to the contrary) and spouses are allowed to keep their separate property.  California is a no-fault state and the division of property will not be changed even if your spouse is responsible for the breakdown of your marriage.

Differentiating between community property and separate property can become complicated if family businesses, homes and real estate, stock options, and retirement benefits are involved or the marriage was lengthy.

If you are considering a divorce and have questions about your property rights, please contact the Law Office of Matthew J. Jensen for a consultation.

Spusal Support

pousal support (alimony) may be awarded in divorce cases if one spouse makes substantially more money than the other spouse or one spouse did not work to maintain the family home and care for the children.  There are 2 types of spousal support: temporary and permanent.

Temporary Support
Temporary spousal support may be awarded while a divorce is pending.  The amount awarded is based on county guidelines, but the general goal of temporary support is to equalize the parties’ incomes and maintain the status quo until the divorce is finalized.

Permanent Support
The court may also order a party to pay permanent support after the divorce is finalized.  The court considers several factors to the determine whether to award permanent support and the amount of support, including but not limited to the length of the marriage, the standard of living enjoyed by the parties during the marriage, the ability of the supporting spouse to pay support, the supported spouse’s marketable skills and ability to obtain employment, and the age and health of the parties.

If you have questions about your potential support obligations in your divorce or the amount of support your spouse may be required to pay you, please contact the Law Office of Matthew J. Jensen for a consultation.

Child Custody

The goal of California family law is to have both parents involved in a child’s life and sharing joint legal custody.  Courts will award sole legal custody to a parent only in extraordinary circumstances where physical (or sexual) abuse or chemical dependency issues are present.

Parties are encouraged by courts to work together informally to come up with a custody and parenting time plan.  In the absence of an agreement, the court will order a custody and parenting time schedule following an evaluation process.  The evaluation process can be lengthy and significantly add to the parties’ legal expenses.

If you have a child custody issue or seek to modify an existing child custody order, please contact the Law Office of Matthew J. Jensen for a consultation.

Child Visitation

As a parent, you have a right to have frequent and continuing contact with your child in a manner that is consistent with his or her best interests.  While your ex-spouse has the right to move or live anywhere he or she wants, your child’s right to have an ongoing relationship with both parents takes precedence.

If your former spouse is not abiding by the court’s visitation schedule or is seeking to move away, please contact the Law Office of Matthew J. Jensen to discuss your visitation rights.

Move-Away Contests

If you are going through a divorce or paternity case, you may not take your child outside the state of California without a written consent of the other parent or a court order. Moreover, your ability to move with your child to other cities is subject to the other parent’s visitation rights and parenting time schedule as set forth in your custody orders (if any).

Job transfers, a desire to be closer to family, better economic opportunities, and other circumstances sometimes warrant a relocation with the child to another part of the state, another state, or even another country. To do that, you will need the other parent’s written consent or a court order.

If you are considering filing a request for a move-away order or have been served with such a request by the other parent, please contact the Law Office of Matthew J. Jensen for a consultation.

Child Support

Your child has a right to receive financial (and emotional) support from both of his or her parents.  Child support obligations generally last until the child turns 18.  In California, courts use statutory formulas to calculate child support.  The amount of your monthly child support payments depends on several factors, including your income and the amount of time your child lives with you.

Child support orders are subject to modification to reflect changes in a parent’s financial circumstances.  Salary increases, layoffs, or changes in child custody arrangements can lead to an adjustment in the amount of your monthly child support payments.

If you have a child support issue, please contact the Law Office of Matthew J. Jensen for a consultation.

Domestic Violence

If you are a victim of physical or verbal abuse from your spouse, family member, or significant other, the Law Office of Matthew J. Jensen can help you.  Domestic violence restraining orders are available in situations involving violence between people who are married, divorced, cohabitating, currently (or were formerly) dating, or have had children together.

Temporary restraining orders are effective for three to four weeks and can provide interim relief to victims of abuse.  A permanent restraining order is effective for up to five years.  If you have recently been assaulted or threatened with physical violence, you should contact the police immediately, seek medical treatment, and consult with an attorney about obtaining a restraining order.

Annulment

An annulment is a judicial determination that a marriage was never valid.  A judgment of nullity can significantly alter a party’s spousal support obligations and the way property is divided.  Annulments are difficult to obtain because the grounds for annulment are narrowly defined by the Family Code.  Typically, a party seeking an annulment must prove that the marriage was procured through fraud or that one of the parties lacked the physical or mental capacity to enter into the marriage.

If you believe that grounds exist for the annulment of your marriage, please contact the Law Office of Matthew J. Jensen immediately for a consultation. Your legal issue may be time sensitive.

Modification

People’s circumstances change.  Job changes, layoffs, remarriages, and moves to other states or countries are facts of life.  Courts recognize this and court orders regarding spousal support, child custody and visitation, and child support can be modified to reflect changed circumstances.

If your circumstances have changed (or your former spouse has remarried) and you seek a modification of an existing court order, please contact the Law Office of Matthew J. Jensen for a consultation.

Prenuptial/Postnuptial Agreements

A prenuptial (or premarital) agreement sets forth your property rights in the event of a divorce or legal separation.  Absent an agreement, your property and assets will be divided and your spousal support rights will be determined by California’s community property law.

If you are thinking of having a prenuptial agreement drawn up, it’s important that you contact an attorney as soon as possible.  Strict time limits and procedural restrictions apply, so don’t wait until days or weeks before your wedding.  This is a process that should be started several months before your wedding.

If it is too late for a prenuptial agreement and you are already married, a postnuptial (or marital) agreement might be a good fit for your needs.  If you are considering having a prenuptial or postnuptial agreement drawn up, please contact the Law Office of Matthew J. Jensen for a consultation.

Mediation

Mediation is an attractive alternative to a litigated divorce for couples who are willing to negotiate a settlement in good faith but need the assistance of a mediator to resolve issues that are sticking points for them.

A successful mediation will enable you to reduce conflict, reach a divorce settlement that is mutually satisfactory to you and your spouse, stay out of court, and reduce your attorney’s fees and costs. Although a mediator can propose potential solutions to resolve your property division, child custody, child support, and spousal support issues, each party is always encouraged to consult with outside counsel before signing a final settlement agreement.

If you and your spouse are considering mediation, please contact the Law Office of Matthew J. Jensen for a consultation.

Get a Free Consultation

Mauris blandit aliquet elit, eget tincidunt nibh pulvinar a. Curabitur arcu erat, accumsan id imperdiet et

F.A.Q.

porttitor at sem Quisque velit nisi?

Mauris blandit aliquet elit, eget tincidunt nibh pulvinar a. Curabitur arcu erat, accumsan id imperdiet et, porttitor at sem. Quisque velit nisi, pretium ut lacinia in, elementum id enim. Cras ultricies ligula sed magna dictum

Business Law

Mauris blandit aliquet elit, eget tincidunt nibh pulvinar a. Curabitur arcu erat, accumsan id imperdiet et, porttitor at sem. Quisque velit nisi, pretium ut lacinia in, elementum id enim. Cras ultricies ligula sed magna dictum

lacinia in, elementum id enim?

Mauris blandit aliquet elit, eget tincidunt nibh pulvinar a. Curabitur arcu erat, accumsan id imperdiet et, porttitor at sem. Quisque velit nisi, pretium ut lacinia in, elementum id enim. Cras ultricies ligula sed magna dictum

Get Started For  Free

MJJ@MATTHEWJENSENLAW.COM

(408) 982-6288

514 S. MURPHY AVENUE, SUITE A,
SUNNYVALE, CA 94086

Open Everyday from 8am-5pm