Skilled Divorce Lawyers in Santa Cruz, CA
Ending a marriage or domestic partnership in Santa Cruz and the surrounding Bay Area can be difficult, emotional, and complex. Even the most amicable divorces can quickly turn contentious, putting a mental and emotional strain on both spouses and children alike. We are certified specialists in all matters related to Santa Cruz family law.
Having a compassionate, experienced legal professional by your side effectively alleviates this stress and uncertainty. If you are exploring your options for divorce, please consult Schoenberg Family Law Group, P.C., to discuss your situation. We understand that divorce can be both complicated and stressful for everyone involved. Our experienced Santa Cruz divorce attorneys can help you devise comprehensive legal strategies to assist you through the process.
Trusted, Experienced Legal Counsel for All Aspects of Divorce in Santa Cruz
At Schoenberg Family Law Group, P.C., we maintain complete transparency and open lines of communication to address your concerns effectively. We detail our strategies based on your unique needs through every step of the dissolution process. Our team of legal professionals has intimate knowledge of all aspects of divorce, including:
- The viability of mediation in more contentious circumstances
- Temporary orders for child support, spousal support, and child custody
- Any disagreements regarding the division of assets and property
- Evaluating and determining appropriate child support, custody, and visitation rights
- All matters involving financial support, such as spousal support
- Any LGBT-related proceedings, such as same-sex marriages
- Pre- and postnuptial agreements
- Restraining orders and other immediate actions against domestic violence
- Bankruptcy as a result of divorce
- Any post-divorce modifications or actions
- Appealing any family court orders
Our lead attorney, Debra R. Schoenberg, holds the title of Certified Family Law Specialist. She has undergone additional education and training and successfully passed a written examination focusing on family law, earning certification from the State Board of Legal Specialists as a specialist in this field. She was named a Fellow of the American Academy of Matrimonial Lawyers (AAML) and is a Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA).
By utilizing our comprehensive knowledge of family law in Santa Cruz and maintaining an open line of communication at all times, we aim to alleviate the stress from your divorce, giving you peace of mind during a tumultuous phase of your life.
Your Options for Getting a Divorce in Santa Cruz, CA
Before starting the filing process for dissolution, there may be other, more appropriate options for separation based on your circumstances. The state of California provides three ways to terminate a marriage or registered domestic partnership officially:
- A Santa Cruz divorce can be filed to officially dissolve your marriage. Once a divorce is finalized, you are single and may legally marry again.
- Legal separation can be a viable alternative for those who do not want to divorce for personal, religious, or other reasons, such as the possibility of reconciling the relationship later. It does not officially terminate a marriage, so you are not allowed to marry or enter a domestic partnership when legally separated.
- In cases of a legally invalid marriage, an annulment may be an option. In California, marriages are not legally valid if they are bigamous, incestuous, or involve individuals under the minimum age requirement (typically 18 years old). Additionally, an annulment may be granted in cases where the marriage resulted from fraud or coercion.
The Santa Cruz divorce attorney team at Schoenberg Family Law Group, P.C., has extensive knowledge of all your divorce options, ensuring that you are well informed of your choices before officially beginning the dissolution process. We understand that this decision may have far-reaching ramifications for you and your family, so we provide you with all the necessary information to make an informed decision.
How Nullity, Dissolution, and Legal Separation Work in Santa Cruz
Nullifying your marriage means to invalidate it. Rather than dissolving the marriage, an annulment makes it like it never happened. It states the marriage was invalid from the start due to issues such as fraud or coercion. Grounds for nullification include if one of the spouses was already married at the time of the second marriage, unsound mind, fraud, deceit, coercion, force, physical incapacity preventing consummation, or one spouse being too young to marry legally.
Dissolution of marriage is the legal term for divorce. It is the formal ending of a marriage by court decree. Unlike annulment, dissolution does not erase a marriage as if it never existed. The marriage will still exist on record but will be formally ended. The dissolution process involves serving divorce papers on one spouse, negotiating the divorce terms, potentially going to trial, and getting a judge to sign the official decree ending the marriage.
In Santa Cruz, legal separation means the couple will technically remain married but live in separate households. They will still retain all the benefits of marriage, including health care benefits. Both spouses will retain their married status on paper, meaning they cannot remarry unless they proceed with a dissolution. It is possible to receive payments from one spouse for spousal support during a legal separation. A divorce lawyer can help guide you through this complex process.
Requirements for Divorce in Santa Cruz, CA
California is a “no-fault” state, meaning a spouse must not demonstrate wrongdoing to file for divorce. Additionally, both spouses do not need to agree to a divorce for the process to begin.
In California, each type of separation has specific residency requirements to file.
- To start a divorce, at least one of the spouses must have resided in the state for the last six months and in the county where you plan to file for the last three months.
- To start legal separation, one of you must reside in the state, and no specific duration is required.
- Generally, annulments do not have any residency requirements.
California law mandates a 6-month waiting period before a divorce can be finalized. This waiting period begins when the person filing for divorce officially serves their spouse. It’s important to note that these are general requirements for divorce and separation in California.
There may be other specific laws and requirements to follow before officially starting the divorce process. Schoenberg Family Law Group, P.C. can help clarify any such laws and ensure these requirements are met before you initiate divorce proceedings. If you’d like to discuss the details of your case, contact us today.
What Are Irreconcilable Differences in Divorce Cases
Since California is a no-fault divorce state, the most commonly cited reason for a dissolution of marriage or domestic partnership is irreconcilable differences. Irreconcilable differences mean that two spouses have experienced a breakdown of the marriage that they cannot repair, which can refer to various circumstances, from drifting apart to having different family values. The California courts do not require proof of irreconcilable differences; one spouse must cite this as the grounds for divorce when filing the paperwork.
Property Division and Financial Assets for Divorce in Santa Cruz
Different states handle property division during a divorce case in unique ways. California is a community property state, meaning a judge will divide property equally between the spouses, regardless of fault for the divorce or the individual circumstances of each spouse. In California, a judge will order a 50/50 split of all property acquired during the marriage (community property) and all debts accumulated during the marriage. Factors such as each spouse’s income, education level, age, health, disability, or the length of the marriage will not influence property division decisions in California. These factors will, however, affect spousal support decisions.
Community property includes all assets, income, and properties the couple acquired together during the marriage. It does not include separate property or items each spouse owned before the marriage.
Community property excludes items explicitly given to one spouse as gifts or inheritance. Community property can include real estate, bank accounts, savings, retirement funds, 401(k)s, jewelry, vehicles, businesses, artwork, investments, household items, pets, and debts.
Before splitting everything equally, the divorce courts will allow the couple to work out a different property division arrangement. A judge typically approves the arrangement if the couple can compromise and agree on a property division plan. However, if the spouses cannot agree on property division, the case will go to a family court judge, who will divide the property equally under California’s property division laws.
A lawyer from Schoenberg Family Law Group, P.C. can help you with property division and financial asset organization during mediation or a divorce trial in Santa Cruz. We have extensive experience handling these matters.
Child Custody, Visitation, and Support Agreements During Santa Cruz Divorce Cases
If you and your spouse share a child, your divorce or separation will be more complex than for couples without children. You must address issues such as custody, visitation, and child support. A judge will first allow parents to create a parenting plan independently before intervening. You and your spouse can work together, with or without the help of a mediator, to create a plan for child custody, visitation, and financial support.
Your parenting plan should be detailed, including how much time the child will spend with each parent, where the child will spend weekends and holidays, whether both spouses will retain legal responsibilities for the child, visitation rights, and whether one spouse will pay the other child support. If you and your spouse cannot agree on a parenting plan and custody arrangement, the matter will go to court.
In a custody case, a judge prioritizes the child’s best interests. Factors such as criminal convictions, a history of domestic violence, substance abuse, the child’s relationship with each parent, each parent’s contributions to the child’s upbringing, the child’s wishes, and more may be considered. Ultimately, the judge will decide what is best for the child.
A lawyer at Schoenberg Family Law Group can help you present your case for custody, visitation, and child support during a divorce trial in Santa Cruz.
Mediation & Divorce
Mediation can help couples resolve issues outside of the courtroom with the assistance of an impartial third party. This option allows spouses to discuss their disputes and reach a resolution. Unlike judges, mediators do not make decisions. Even if you believe resolving a separation out of court is the best route for you, it is still recommended to seek counsel from a qualified Santa Cruz family law professional who can guide you through the process. Schoenberg Family Law Group, P.C. will support your decision to pursue resolutions outside of the courtroom and provide the best possible consultation to ensure an amicable split.
Explore Your Options for Divorce Today with Our Santa Cruz Divorce Lawyers
Schoenberg Family Law Group, P.C. has more than 35 years of experience in all matters of family law and divorce. We provide valuable counsel that caters to your unique needs, ensuring that you and your children are a priority throughout the separation process.
Our Santa Cruz divorce attorneys understand the significant impact of a divorce on a family and strive to give you peace of mind through complete transparency and open, honest communication. If you have any questions regarding your divorce, please contact us online or call us.
