Divorce in San Jose
Where your case is filed and who helps.

Family law cases in Santa Clara County are handled at the Family Justice Center Courthouse in San Jose, which also has a drop box inside the building. The court's case information portal shows hearing dates for non-confidential cases.

E-filing is mandatory for attorney-represented parties in family cases, through an approved e-filing service provider. The court lists some exceptions it still accepts on paper, including judgments and defaults in family case types.

The Self-Help Center and Family Law Facilitator's Office help self-represented people with forms, procedures and referrals, including online workshops on starting a divorce and on preliminary declarations of disclosure. It is a free court service: it does not represent anyone, and its communications are not privileged.

If parents disagree about custody or visitation, California law requires them to try mediation. Family Court Services mediation is free (apart from a fee for late cancellations), and the court states that what is discussed is not shared with anyone, including the court, except for mandated reporting. Parents can also hire a private mediator.

Parents can schedule FCS mediation without filing a new motion by filing a Stipulation to Remote Family Court Services Mediation (FM-1195). On a judge's referral, FCS also conducts emergency screenings, focused investigations when a child faces imminent safety risks.

You need six months of California residence and three months in the county before filing (Family Code §2320), and a divorce cannot be final until six months after service or appearance (Family Code §2339). Forms are the statewide Judicial Council forms, plus Santa Clara local forms.