Experienced Divorce Lawyers in Los Altos, California
Going through a divorce is a deeply personal and emotionally challenging experience. Knowing what to expect can help reduce some of the stress and bring a sense of stability during this uncertain period. While it’s not mandatory to hire a Los Altos divorce lawyer for a divorce in California, having a knowledgeable legal advocate by your side is crucial for navigating the intricate process of dissolution or legal separation in the state.
At Schoenberg Family Law Group, P.C., our divorce attorneys are equipped with the expertise and understanding to handle even the most complicated and contentious divorces, striving for fair outcomes. If you need legal assistance from an experienced divorce lawyer, don’t hesitate to contact our office today to arrange a consultation with a Los Altos Divorce Lawyer.
Expert Legal Representation for Divorce and Separation in Los Altos, CA
Our Los Altos divorce attorneys are prepared to craft tailored legal strategies for your unique situation. We’ll guide, negotiate, and if required, represent you in court according to your requirements. We excel in navigating challenging negotiations. We thoroughly assess every aspect of your joint assets and prioritize your children’s well-being throughout the legal process.
Our lead attorney, Debra R. Schoenberg, holds the title of Certified Family Law Specialist, which signifies that she has undergone additional education and training and successfully passed a written examination focusing on family law, earning certification from the Board of Legal Specialties 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).
We’ll guide you through starting a divorce or seeking a legal separation in California, ensuring you understand each step and can make informed decisions.
Our attorneys are experienced in various divorce scenarios, including:
- Providing consulting services during mediation, even in complex divorces with high conflict.
- Handling temporary orders covering custody arrangements, financial support, and property issues.
- Resolving disputes over the division of property, including those involving community property.
- Addressing custody, visitation schedules, and child support matters.
- Providing legal advice on alimony for married couples and taking legal action for unmarried couples.
- Assisting with LGBTQ+ issues such as same-sex marriage and domestic partnerships.
- Drafting and litigating prenuptial and postnuptial agreements.
- Helping obtain domestic violence restraining orders for those in need.
- Assisting in modifying court orders after divorce proceedings.
- Representing clients in appeals related to family court.
We handle your family’s legal matters with meticulous planning and a keen focus on every aspect. We anticipate future needs and tailor our approach to your unique circumstances, safeguarding your rights as both a spouse and a parent while striving for an equitable distribution of marital assets. Our method entails in-depth research tailored to your case needs, addressing complex financial issues like dividing businesses, pensions, stocks, and real estate.
Starting the Divorce Process in Los Altos
If you’re considering ending your marriage, known as “dissolution,” you must meet specific residency requirements. You must have lived in California for at least six months and in the particular county where you’re filing for at least three months. Once you’ve filed the initial paperwork, California law mandates a six-month waiting period before the court can finalize the divorce.
California operates under a “no-fault” divorce system, meaning neither spouse needs to prove the other is to blame for the marriage breakdown. Factors like infidelity or cruelty aren’t considered grounds for divorce. A judge needs to establish that the spouses are unable to reconcile to grant a divorce based on irreconcilable differences.
Submitting a Petition for Divorce in Los Altos, CA
To start the divorce process, you’ll need to complete and submit a divorce petition, also known as a “petition for dissolution of marriage or registered domestic partnership,” to the court clerk. These documents are then served to the other party, with a response period. If there’s concern about transferring assets, it’s advisable to promptly file and serve the summons and petition to enforce automatic temporary restraining orders (ATROs) preventing such actions.
Once the initial paperwork is filed, what occurs next in the divorce process depends on the response of the recipient of the divorce papers, known as the “respondent.” However, from the court’s viewpoint, whether it’s the individual initiating the divorce (the “petitioner”) or the other spouse (the “respondent”), they’re regarded as equals, regardless of who initiated the process. A divorce case may proceed as default, uncontested, or contested action.
Default Process
If the person receiving the divorce papers doesn’t respond within the specified timeframe, the court clerk notes their absence and the divorce proceeds without their involvement.
Agreed Process
If both individuals in the divorce agree on all aspects, they can draft and submit a written agreement to the court.
Disputed Process
If the person receiving the divorce papers responds and there are unresolved issues, a trial occurs. During the trial, the court addresses all pertinent matters for the divorce and makes decisions accordingly.
Options for Divorce in Los Altos, California
Once the divorce begins, either party can ask the court for temporary assistance, which might involve temporary arrangements for child custody and support, spousal support, paying shared debts, or other temporary relief such as moving out or having exclusive use of the marital home.
California’s family laws aim to divide property and provide fair child and spousal support. To achieve this, the Family Code mandates both parties to honestly exchange initial and final declarations of their finances and other necessary documents.
Our divorce attorneys diligently prepare these documents, gather crucial information about our clients’ assets, and thoroughly review documents from the opposing party to ensure the court accurately portrays the marital property.
Having legal representation can be beneficial as you navigate the various stages of divorce proceedings. Our firm will ensure your divorce follows California’s legal procedures and meets all rights and obligations.
Divorce and Property Division in California
California is known for its unique community property laws, which apply in the event of a divorce. These laws mandate that all marital assets are divided equally between spouses, regardless of individual perspectives on fairness. Marital assets include anything acquired by either party during the marriage.
Property owned exclusively by one spouse before the marriage remains separate and is not subject to division as long as it hasn’t been commingled with joint assets during the marriage. Similarly, gifts and inheritances received by one spouse during the marriage are also considered separate property. However, assets and debts accumulated during the marriage, such as real estate, vehicles, investments, and businesses, fall under California’s property division laws.
Our team of divorce attorneys in Los Altos is dedicated to assisting you through the property division process, aiming to protect your assets whenever possible. We can strive to negotiate a settlement with your spouse to avoid court proceedings altogether. If you’re considering marriage or are already married, we can help you draft prenuptial or postnuptial agreements to safeguard your property from California’s division laws in the event of a future divorce.
When Does My Divorce Become Official in Los Altos?
In California, your divorce becomes official on a specific date known as the effective date. This date occurs at least six months and one day after you’ve been served with the summons and petition. It’s then recorded in the final judgment for dissolution. If you and your spouse agree on the settlement terms, including the effective date, you can include it in the paperwork submitted to the court. If there’s no agreement, the court typically determines the effective date after processing all the necessary paperwork (if you settle) or following a trial (if there are contested issues).
The finalization of your divorce, as stated in the judgment of dissolution, holds significance for various reasons. It impacts your ability to remarry, your eligibility for health insurance from your ex-spouse, and how you file your income taxes. Additionally, it establishes rights and responsibilities stemming from your previous marital relationship.
Contact our Los Altos Divorce Lawyers for a Consultation Today
Having a reliable attorney is essential when facing divorce or any family law. You need someone to examine your case and present all possible options thoroughly. At Schoenberg Family Law Group, P.C., our team is committed to assisting and advocating for you throughout the divorce process. We’ll help construct a robust case that reflects your needs and endeavors to accomplish your objectives.
Contact us to schedule a confidential consultation with one of our attorneys today. We’ll discuss your legal issues and develop a plan for moving forward.
