Divorce and Family Law Services
Family Law
Helping California Families Through Difficult Times
Life often takes unexpected directions, and sometimes relationships become difficult. Stephen understands that family law cases are deeply personal, and he strives to provide legal assistance tailored to each family’s unique needs.
Whether clients are ending a marriage, advocating for their children’s best interests, or addressing an abusive relationship, Stephen is committed to offering compassionate, attentive guidance throughout the process.
With nearly three decades of experience in family law, he leverages his familiarity with the family courts in San Jose, Morgan Hill, and Hollister to pursue positive outcomes for California families.
Stephen can assist at any stage of a family dispute, including handling appeals and providing mediation services. As a mediation attorney, he offers neutral guidance to those seeking to resolve disputes outside of court. He also helps clients take proactive steps, such as drafting prenuptial and postmarital agreements to protect their assets.
Stephen is Here to Help
When you entrust your case to Stephen, you can rely on him to keep you informed throughout the process. He understands you likely have many questions, and he strives to provide clear answers every step of the way.
If you need help with a family dispute in Santa Clara or San Benito County, send Stephen a message online using the contact form to schedule a consultation.
Prenuptial and Post-Marital Agreements
Protect Your Assets With Marital Agreements
Stephen helps couples in California navigate prenuptial and postmarital agreements and protect their assets.
When Are Prenuptial and Post-Marital Agreements Necessary?
A prenuptial agreement is a private contract between two people contemplating marriage. The couple typically settles, in advance, financial matters in the event of death or divorce. Nonfinancial topics, such as lifestyle matters, may also be included. This premarriage contract can override state, family, and probate laws that would otherwise apply.
Prenups are especially helpful in cases involving second marriages or large separate estates where asset protection is a concern. It’s important to begin work on a prenup early, as there are strict time requirements for drafting before signing. Both parties must be represented by an attorney, even if one party is assisting the other in retaining counsel.
As a certified family law specialist, Stephen has the knowledge and skills to craft an enforceable prenuptial agreement or to challenge an agreement that was not properly drafted. As a general rule, he will not accept representation for drafting or reviewing a prenup if the anticipated wedding is less than 30 days away.
A postmarital agreement performs the same function as a prenup but is drafted after the marriage takes place. Again, both parties should be represented by attorneys to ensure the agreement is enforceable.
Learn More About Marital Agreements
If you’re considering a prenup or postmarital agreement, it’s important to seek the advice of an attorney. Send Stephen a message online to schedule a consultation. He can also review existing prenup agreements and advise you on their enforceability.
Divorce and Legal Separation
Addressing Concerns About Divorce and Legal Separation
Going through a divorce or separation puts a strain on nearly everyone, both emotionally and financially. You’re facing many unknowns, from how to support yourself financially to how your children will be affected.
I aim to provide answers to these unknowns. As a certified family law specialist, I have extensive experience helping families navigate difficult periods in their lives. My goal is to provide you with the answers you need to get through this time and achieve the fairest solution under the law.
Considerations in California Divorce
California is a “no-fault” divorce state, meaning one spouse may decide to end the marriage without the consent of the other and without providing a reason to the court. Neither party is required to identify a specific failing in the marriage to obtain a divorce.
Stephen can guide clients through the process of dissolving their marriage and assist with many of the issues that commonly arise during divorce, including:
- Spousal Support and Marital Property Division: He works with accounting specialists to ensure that support is calculated fairly and marital property is divided equitably.
- Custody and Visitation of Children: Stephen is dedicated to helping clients pursue outcomes that serve the best interests of their children.
- Child Support: He explains how child support is calculated and guides clients through the process with clarity and care.
What’s the Difference Between Divorce and Legal Separation?
Stephen is often asked this question, and in many ways, the two processes are similar. Both legal separation and divorce (dissolution) proceedings commonly result in court orders that divide property, establish child and spousal support, and resolve child custody issues.
The key difference lies in the marital status of the parties at the conclusion of the process:
- In a legal separation, the court does not terminate the marriage, meaning the parties are not free to remarry.
- In a dissolution (divorce), the court formally ends the marriage and restores each party to “single” status, allowing them the freedom to remarry if they choose.
We Are Here to Support You
Stephen works with families throughout Santa Clara and San Benito counties, including San Jose, Morgan Hill, and Hollister. Send him a message online to learn more about how he can help.
Child Custody and Visitation
Helping Families Move Forward After Divorce
When practicing family law in California, child custody matters offer some of the greatest opportunities for problem-solving. Stephen helps clients navigate issues involving custody, child support, visitation rights, guardianship, and child relocation, always with a focus on minimizing conflict and protecting children.
Stephen is devoted to:
Helping clients determine what is truly in the best interests of their children, which is not always the same as what may be in the parents’ best interests.
Providing tools and resources to de-escalate conflict and prevent children from being caught in the middle.
Clearly explaining the custody process and helping clients understand that litigation should be a last resort.
Supporting respectful and appropriate cooperation between parents whenever possible.
While Stephen does not presume to know what is best for any child, he believes children benefit most when they are shielded from parental conflict. His approach is designed to reduce tension, even when that means encouraging clients to consider compromises they may not have initially contemplated, such as working toward a cooperative co-parenting relationship.
Stephen also represents children through court appointments in high-conflict custody cases and has seen firsthand the impact parental conflict can have on a child’s well-being. In some instances, he has gained valuable perspective from older children he has represented, learning how prolonged conflict affected their lives.
Drawing on his extensive experience in family law, Stephen helps families create plans for long-term success. This includes addressing child support, respecting the rights of fathers, and revisiting prior divorce terms when circumstances change. As a certified family law specialist, Stephen has the knowledge and experience to guide families through these sensitive matters with care and clarity.
Parentage Actions
Resolving Disputes Between Unmarried Parents
More and more people are choosing to begin their families without getting married. But if a dispute arises between unmarried parents, things can get complicated.
At the Law Office of Stephen Penn, we have helped California families from across Santa Clara County and San Benito County address custody, visitation, and child support issues. Stephen's goal is to help parents do what’s best for their children while resolving disputes as painlessly as possible.
What Happens in a Parentage Action?
When a dispute arises between unmarried parents regarding their children, one party must file a paternity suit. This legal proceeding establishes the father’s parentage before resolving custody or support disputes. At that point, no other issues are discussed.
If you and your partner disagree about who the child’s father is, the court may order a DNA test. However, if both parents agree on who the father is, the proceeding can continue without a DNA test.
Once parentage is established, a separate court proceeding will resolve custody or support issues at the heart of the dispute. The court can then help fathers gain visitation rights or create a custody agreement.
Post-Divorce Modification and Enforcement
Changing Custody and Support After Divorce
Stephen is a certified family law specialist familiar with the family court judges in San Jose, Morgan Hill, and Hollister. He uses this experience and professional network to pursue the best possible outcomes for his clients. Even if he did not handle a client’s original divorce proceeding, Stephen can provide guidance on:
- Enforcement of divorce decrees
- Modification of custody orders
- Modification of spousal and child support
Addressing Changes After Divorce
Post-divorce actions take place after a divorce, legal separation, or dissolution of marriage has been finalized. A post-divorce modification or enforcement action serves as an alternative to appealing the divorce decree and often focuses on enforcing existing court orders or modifying spousal or child support obligations.
Modifications are typically based on a significant change in one spouse’s circumstances that makes the original order unfair or unreasonably difficult to follow. For example, an unforeseen and substantial reduction in income after the divorce decree was issued may justify a modification. Post-divorce modifications may also address visitation rights or decision-making authority related to children.
When children are involved, any request to modify a divorce decree must be filed with the same judge who issued the original order, as that court retains continuing jurisdiction over the case. Stephen has extensive experience working with the family courts in Santa Clara and San Benito counties. As a result, even if he was not involved in the original divorce, he is often familiar with the judge and well-positioned to assist clients with post-divorce modifications or enforcement actions.
Mediation
Resolving Disputes Without Going to Court
Stephen offers mediation services for California families as a respectful and amicable way to navigate difficult family law disputes.
The Benefits of Mediating Family Law Disputes
Mediation is particularly effective in family law matters because the parties involved often maintain an ongoing relationship after the dispute is resolved. In fact, many states require mediation in child custody cases to encourage more cooperative and amicable relationships between parents.
Through mediation, parties maintain control over the resolution process rather than being bound by the formal rules and procedures of a court proceeding. Mediation is also significantly more cost-effective than litigation, as it typically requires less time to reach a resolution. When appropriate, parties may also retain experts during mediation to help evaluate assets, address mental health concerns, and resolve other complex issues.
Mediation is most successful when both parties are willing to communicate openly, express their needs, and remain respectful. If one party is unwilling to compromise, mediation may not lead to a successful outcome.
The Role of a Mediator
As a mediator, Stephen facilitates negotiations and helps keep discussions focused on the key issues in dispute. He answers procedural questions and assists with the steps required to finalize agreements.
However, Stephen does not act as legal counsel for either party. Each side is encouraged to retain independent legal representation to receive individualized legal advice throughout the mediation process.
As a certified family law specialist and experienced family law mediator, Stephen brings extensive knowledge to the resolution of family law disputes. He is committed to keeping clients informed at every stage and fostering an environment that supports constructive dialogue and lasting solutions.
Estate Planning
Wills
For estates not involving real property with a total gross value not exceeding $208,850, a will is the perfect solution to the transfer of your property at the time of your death. It can be done by a simple affidavit and does not involve probate. However, if the estate exceeds $208,850 or involves real property, probate will usually be required.
Revocable Trusts
A revocable trust has become the gold standard in California for transferring property at death without probate. It allows you to retain control of your assets during your lifetime and transfers property upon your death without the need for probate.
Durable Power for Property and Financial Management
This is a substitute for conservatorship if you become incapacitated and can no longer handle your affairs.
Advance Health Care Directive
This living will designates someone to make healthcare decisions for you if you're unable to do so yourself.
Call Today to Learn More
If you’re dealing with a family dispute and want to avoid going to court, send Stephen a message online to schedule a consultation and learn if mediation is right for you.