Experienced Divorce Lawyers Serving Monterey, CA
When you need effective and professional divorce counsel in Monterey, Schoenberg Family Law Group, P.C. is here to help. We focus exclusively on family law matters, dedicating our time and attention to providing compassionate, client-centered representation. We offer intelligent solutions for even the most complex family issues.
At Schoenberg Family Law Group, P.C., our Monterey divorce attorneys assist clients with uncontested divorces, negotiated settlements, highly contested divorce trials, and more. When you choose our firm to handle your divorce, you can expect:
- Knowledgeable divorce representation
- Honest, practical advice tailored to your lifestyle and circumstances
- Dedicated, determined counsel that strives to meet your goals and expectations
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).
Call Schoenberg Family Law Group, P.C. in Monterey today to schedule your private consultation with a divorce attorney.
How Can Our Monterey Divorce Attorneys Help You?
An experienced divorce attorney representing your interests is essential throughout your divorce proceedings. Divorce attorneys are crucial allies who protect your personal and financial interests and provide valuable advice to help you avoid common pitfalls that could bring you back to court after your divorce is finalized.
At Schoenberg Family Law Group, P.C., our Monterey family law attorneys believe it is vital to have legal assistance during any divorce, whether contested or not, to avoid errors and ensure your case moves smoothly through the process. Let our attorneys help make sure your divorce is handled correctly and completely, especially if:
- Your spouse already has a divorce attorney
- You have assets or real property to divide
- You are unsure about support or assets you may be entitled to
- You have children and need a parenting plan and proper child support calculation
- You cannot communicate with your spouse
- You have questions about the legal paperwork associated with a California divorce
- You have questions about California’s divorce laws
If you need experts to value property or divide complex assets, Schoenberg Family Law Group, P.C. is experienced in high-value and complex asset divorces and will retain any necessary professionals to assist.
Residency Requirements for a Divorce in Monterey, CA
In California, at least one spouse must be a state resident for at least six months before filing for divorce. Additionally, the filing spouse must have lived in the county where they file for at least three months.
What Are the Grounds for Divorce in Monterey?
In California, divorces are based on irreconcilable differences, which cause an irrevocable breakdown in the marriage. Fault is not considered in the court’s financial or property decisions.
Waiting Period for a Divorce in Monterey
California imposes a waiting period for divorce. Spouses cannot finalize their divorce until six months after “the date of service of a copy of the summons and petition or the date of appearance of the respondent, whichever occurs first.” There are no exceptions to this waiting period.
Property Division in Monterey, CA
Monterey follows California’s property division laws, as California is a community property state, which means that any property and debts acquired by spouses during the marriage are shared equally upon divorce. Community property includes everything obtained during the marriage except for separate gifts and inheritances.
Separate property is not divided between spouses upon divorce. Separate property includes:
- Anything owned by a spouse before marriage
- Rents, profits, or other money earned from separate property
- Property bought with separate property
- Anything acquired after the date of separation, including earnings
- Inheritances
- Gifts to one spouse from an outside source
Property can become “commingled” or mixed. In these cases, an experienced divorce attorney can help with the valuation and division of assets.
Spousal Support in Monterey
Spousal support can be a temporary order during the divorce proceedings or included in the final divorce judgment. Temporary support is calculated according to California’s child support guidelines. Spousal support in a final divorce judgment is determined based on several statutory factors considered by the court.
These factors include, but are not limited to:
- The length of the marriage or domestic partnership
- Each person’s needs based on the standard of living during the marriage or partnership
- Each person’s ability to maintain that standard of living
- Whether having a job would make it difficult to care for the children
- The age and health of both individuals
- Debts and property
Child Custody and Visitation in Monterey, CA
California has two types of child custody: legal and physical. When parents cannot agree on custody, the court makes arrangements based on the child’s best interests. These considerations include:
- The child’s health, safety, and welfare
- Any history of abuse by either parent against the child or the other parent
- The nature and amount of contact with both parents
- Any history of illegal use of controlled substances, alcohol, or prescribed medications by either parent
- Any other factor the court finds relevant
Child Support in Monterey
Child support in California follows guidelines that include a mathematical calculation. This formula considers:
- The parents’ incomes
- The amount of time each parent spends with the child
- Any tax deductions available to either parent
Additional factors, such as special needs and daycare costs, can also be included in the child support calculation. In extreme cases, deviations from the guidelines may be made to ensure fairness for the children and their parents.
Contact a Seasoned Monterey Divorce Attorney
If you’re ready to discuss your upcoming or pending divorce, contact Schoenberg Family Law Group, P.C. We are dedicated California family law attorneys focused solely on our clients.
At Schoenberg Family Law Group, P.C., we take conflict resolution seriously and will mediate or negotiate your case to achieve your divorce goals. However, we are aggressive courtroom attorneys trained in high-conflict, high-stakes litigation when necessary.
Meet with one of our skilled attorneys today to discuss our approach to divorce cases, strategies, and how to work together to resolve your divorce. Contact us today!
