Brentwood Divorce Lawyer Serving Families throughout the East Bay Area

Brentwood, CA divorce attorney Silky Sahnan focuses her practice on family law. If your life has been upended by divorce or other family legal conflict, you’ve come to the right place for help.

Dissolution of marriage, child custody, visitation, child support, spousal support, property division – these very intimate issues can be emotionally and economically devastating. But they don’t have to be. An experienced and attentive divorce attorney can help you resolve each legal issue so you can reclaim control and move forward with your life.

A good divorce lawyer is a good strategist

I understand that you need solutions, not delays. I will evaluate your unique situation and help you determine the best legal resolution to each issue, while protecting your rights and the rights of your children.

As an accomplished trial attorney, my personal representation can play an important role in keeping your divorce on track, avoiding delays and costs due to needless disputes.

Whether your divorce involves drafting an amicable agreement, resolving a bitter dispute over the children, or valuating a complex division of property, I am here to help. We are prepared and well qualified to represent you in any family or marital challenge you face.

To speak with Brentwood divorce lawyer Silky Sahnan about your situation, please contact our law firm at (925) 276-0789.

The following information explains what you can expect as you enter into and proceed through the California divorce process.

Filing for Divorce in California

A divorce ends your marriage or domestic partnership. After you get divorced, you will be single, and you can marry or become a domestic partner again.

California is a “no-fault” divorce state, which means you do not have to prove anything in order to dissolve your marriage or domestic partnership. There is no “guilty” or “non-guilty” person from the court’s point of view. You may obtain a divorce if you tell the court you have “irreconcilable differences” with your spouse or domestic partner.

For married persons to get a divorce in California:
You MUST meet California’s residency requirements. Either you or your spouse must have lived in:

  • California for the last six consecutive months, AND
  • The county where you plan to file for the divorce for the last three consecutive months.

If you and your spouse have lived in California for at least the last six consecutive months but in different counties for at least the last three consecutive months, you can file in either county.

If you do not meet the residency requirement, you can still file for a legal separation. Once enough time has passed so that you meet the residency requirement for a divorce, you may file an “amended petition” and ask the court for a divorce.

For domestic partners to get a divorce:
If your domestic partnership is registered in California, you have automatically agreed to the jurisdiction of the California courts to end your domestic partnership — even if you move away or have never lived in California. This means you do NOT need to meet the residency requirements that married couples must meet before seeking a divorce in a California court.

If your domestic partnership was NOT registered in California, you or your domestic partner must have lived in:

  • California for the last six consecutive months, AND
  • The county where you plan to file for the divorce for the last three consecutive months.

Timeline of a California Divorce Case:
The divorce process will take at least six months from the date the person filing for divorce officially notifies his or her spouse or domestic partner that he or she has petitioned the court for a divorce. The process can take longer, BUT it cannot be faster than the six months. Six months is the waiting period required by California law. NO couple can be divorced faster than six months after filing a petition for divorce from the court.

Each of the steps below is a general outline of a divorce. Keep in mind that every divorce case is unique. The timeline of your case may be different.

  • To begin the California divorce process, one of the spouses or domestic partners retains an attorney. The attorney drafts a petition to the court to dissolve the marriage or domestic partnership, prepares a summons notifying the other spouse or domestic partner of the divorce petition, and creates an Income and Expense Declaration profiling the financial position of the person requesting the divorce.
  • If child custody, child financial support, or spousal or partner financial support (or any combination of these) are an issue, the attorney for the petitioning spouse or domestic partner will file an Order to Show Cause simultaneously with the Petition.
  • The lawyer for the petitioning spouse or domestic partner files the prepared documents with the court.
  • If custody or financial support or both are an issue, the Court Clerk sets a hearing usually within 30 +/- days.
  • Before the hearing, the parties must participate in mediation conducted by Family Court Services to attempt to resolve the issues of custody and support.
  • The served spouse or domestic partner must file a Response to the Petition for divorce within 30 days. The Response tells the court whether or not the served person agrees with the Petition.
  • The Response indicates how the served spouse or domestic partner would prefer to deal with divorce decisions.
  • If he or she does not answer the Petition, the petitioner’s attorney files papers with the court requesting a default Judgment. A default Judgment assumes that since the other party did not respond, he or she agrees to the content of the Petition.
  • If the served spouse or domestic partner files a Response, the parties exchange documents and information on issues such as property and income.
  • With the assistance of their attorneys, the parties may agree to a settlement agreement.
  • If the parties cannot reach an agreement, the case will go to trial.
  • At trial, attorneys for each spouse or domestic partner present evidence and arguments for each side. The judge decides the unresolved issues, including child custody and visitation, child and spousal support, and property division. Once the judge has reached his or her decision, the judge grants the divorce.
  • In order to be legally final, the Judgment (including a default Judgment) must be filed and entered on the court’s records. This may take up to eight weeks after the judge’s Order is submitted to the Court Clerk for filing.

Contact Brentwood, CA Divorce Attorney Silky Sahnan

Separating from someone you once expected to spend the rest of your life with is probably one of the most difficult things you will experience. Allow our law firm to guide you through each step of the California divorce process and protect your interests.

To learn more about how we can help resolve your divorce or family law matter, contact Brentwood divorce lawyer Silky Sahnan today to arrange a confidential consultation.

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Testimonials

Sonia M.
I did my own divorce last year by using a do-it-yourself divorce service. It was the biggest mistake I made. I thought I was saving money but in the end it cost a lot more: less custody of my child and no support. I contacted Ms. Sahnan and she fought for more time with my son and got my car back. Thank you!!

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How to Contact Us

654 3rd Street
Brentwood, CA 94513 (Map)
Phone: (925)-276-0789
Fax: (925) 665-0139
attorney@legalservicesca.com