Family Law

Based in San Jose · Serving Santa Clara & Alameda Counties

Vijay Law represents clients in high-conflict divorce, contested custody, and complex asset division cases — with substantial experience in family law matters that intersect with domestic violence restraining orders.

About Family Law Cases In California

Family law in California governs divorce, legal separation, child custody and visitation, child and spousal support, asset and debt division, restraining orders, and post-judgment modifications. High-conflict family cases — involving contested custody, hidden assets, abuse allegations, or complex valuation issues — are fundamentally different from standard divorces. They turn on litigation skills, evidentiary discipline, and the ability to try the case. Vijay Law is built for the family cases that are going to be fought, not negotiated quietly.

WHAT'S AT STAKE

Custody And Parenting Time

Temporary And Permanent Orders That Shape Children's Lives

Business Interests

Valuation, Allocation, Control Of Operating Businesses

Asset Division

Community vs. Separate Characterization; Tracing; Valuations

Retirement And Stock Options

QDROs, Vesting Issues, Executive Compensation

Spousal Support

Duration, Amount, Modifiability; Decades Of Post-Divorce Impact

Real Estate

Primary Residence, Investment Properties, Character Determinations

Child Support

Guideline, Deviation, Retroactivity, Enforcement

Restraining Orders

When Domestic Violence Is Part Of The Family Law Picture

Attorney Fees

FC § 2030/2032 Need-Based Fees; FC § 271 Sanctions For Misconduct

How Vijay Law Approaches Family Law

A Criminal Trial Lawyer's Preparation In Family Court
High-conflict family cases turn on contested facts, credibility, and evidence. We bring criminal-defense-trained preparation, evidentiary discipline, and cross-examination skills to family court litigation.
The DVRO-Family Law Intersection
When a domestic violence allegation runs through a family law case — whether it triggers the divorce, follows it, or runs alongside it — the two proceedings need to be handled together. We represent clients in both forums simultaneously, with strategic coordination that single-discipline lawyers cannot provide.
Hidden Assets And Forensic Accounting
High-conflict divorces frequently involve undisclosed assets, fraudulent transfers, or undervalued businesses. We work with forensic accountants and asset-tracing specialists, and we have the litigation skills to pursue discovery, depositions, and disclosure motions until the assets are surfaced.
Contested Custody And The FC § 3044 Landscape
Custody fights in high-conflict cases often involve abuse allegations, supervised visitation, reunification therapy, and the FC § 3044 presumption against custody when there is a finding of domestic violence. We have substantial experience on every side of these issues.

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Frequently Asked Questions

How is a high-conflict divorce case different from a standard divorce case?

Standard divorces resolve through negotiation, often with limited contested issues. High-conflict cases involve sustained litigation: contested custody, hidden assets, abuse allegations, complex valuations, and refusal of standard resolution mechanisms. The practice skills required are fundamentally different. Many family lawyers handle only mediated or uncontested divorce cases which do not involve contested court hearings.

Community property is property acquired during marriage by either spouse, with limited exceptions for inheritance, gifts, and premarital property. California is a community property state, and community property is divided equally on divorce. Tracing is required when separate and community property have been commingled.

The standard is the best interest of the child under Family Law section 3011. The court considers the child’s health, safety, and welfare; any history of abuse; habitual substance abuse; and the nature of contact with each parent. Joint legal custody and joint physical custody are the default starting points absent specific concerns.

Family Code Section 3044 establishes a rebuttable presumption that awarding custody to a parent with a finding of domestic violence within the prior five years is detrimental to the child’s best interest. The presumption can only be overcome by clear evidence under specified factors. It is the single most significant custody provision in California family law for cases involving domestic violence. The existence of this statute is one of the reasons so many domestic violence restraining order orders (DVROs) are filed.

Discovery tools include subpoenas to financial institutions, depositions, interrogatories, and document requests. Forensic accountants are retained for complex cases. Lifestyle analysis is used when income claims do not match spending patterns. Tracing through business records can reveal undisclosed accounts. Disclosure motions and sanctions are available for non-disclosure.

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Serving Client's Throughout The Bay Area

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Phone Number: (408) 275-2307

Office: 255 North Market Street, Suite 280, San Jose, CA 95110

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