Diligent Divorce Attorneys serving Saratoga, California
At Schoenberg Family Law Group, P.C., we know that considering divorce or being served with divorce papers can feel overwhelming and complicated. We’re here to support you with experienced and dedicated Saratoga divorce attorneys who will listen to your concerns and stand up for your best interests.
Our Saratoga divorce lawyers offer top-notch legal assistance to help you through every aspect of your divorce, including:
- Figuring out child custody
- Setting up visitation and parenting plans
- Managing child support
- Dividing marital property
- Handling shared debts
- Arranging temporary solutions
- Securing spousal support
Divorce is often emotionally challenging and can drag on with unexpected complications. Let our attorneys at Schoenberg Family Law Group, P.C., assist you in navigating the complexities of divorce and moving forward toward a fresh start.
Reasons for Divorce in Saratoga
In California, divorce follows a “no-fault” system, meaning the spouse who starts the process doesn’t have to prove the other spouse’s wrongdoing.
Usually, divorce papers mention “irreconcilable differences,” showing there’s no way to fix the marriage. Because of this no-fault approach, the court doesn’t blame either spouse for issues like cheating.
The spouse who starts the divorce by filing the papers is called the “Petitioner,” and the one who gets them is the “Respondent.” Legally, there’s no inherent advantage to either role, but filing first might have some strategic perks.
After filing, there’s usually a required six-month waiting period before the divorce is finalized. But most divorces take longer. Even if everything gets sorted quickly, the court waits six months before granting the divorce decree.
Divorce Requirements in Saratoga, California
To initiate a divorce process in California, one spouse must meet the state’s residency requirements, which include the following:
- Lived in California for the preceding six months.
- Resided in the county where the divorce is filed for the past three months.
- However, if both spouses have lived in California for at least six months but in different counties for at least three months, they can file for divorce in either county.
There’s a special provision for same-sex couples. If they tie the knot in California but live in a state where same-sex marriage isn’t recognized, they can file for divorce in the California county where their marriage took place.
The Divorce Proceedings and Response in Saratoga
Divorce proceedings begin with one spouse submitting a petition to the court. Once the petition is received, the other spouse, called the respondent, has 30 days to file a response addressing the facts mentioned in the petition.
In California, if a couple has children, mediation is required before the first court hearing. Failure to attend custody mediation could result in fines or penalties imposed by the court.
Mediation
In divorce mediation, both spouses and their attorneys if they have them gather with a mediator. This mediator is a neutral third party, often someone skilled in conflict resolution, like a retired judge or an attorney not connected to either spouse. Their role is to facilitate communication and help the couple reach a mutually agreeable resolution for their divorce.
It’s important to understand that while the mediator guides discussions and encourages compromises, they don’t have the authority to make legally binding decisions after the mediation session. Their primary focus is on aiding communication and finding solutions to resolve the dispute.
Divorce mediation aims to guide both parties toward a mutual agreement that meets their needs. This process aims to reach an uncontested divorce settlement, avoiding the need for a trial. This settlement should cover all aspects of the divorce, including property and debt division, child custody and visitation, child support, and spousal support. With the assistance of a mediator, navigating these issues becomes more manageable. Mediators can facilitate discussions and explore creative solutions that may not have been considered otherwise, making the process smoother than trying to resolve the dispute alone.
What happens if a divorce does not result in an agreement?
Even after weeks or months of negotiation and mediation, some couples struggle to reach divorce agreements. In high-conflict divorces where agreement seems out of reach, the next step is a trial before a family court judge in Saratoga.
A divorce trial involves several key steps that you and your divorce attorney will need to follow:
- Disclosures: Both you and your spouse must provide financial disclosure forms and final declarations before the trial to assist in dividing assets and property.
- Discovery: This phase involves gathering information about each other’s case, often through document requests, interrogatories, and depositions.
- Trial: The trial starts with opening statements from both spouses’ attorneys, presenting evidence and witness testimony. It concludes with closing arguments.
- Judgment: After the trial, the judge issues a divorce decree containing orders for both spouses. These orders are final and binding and cover matters like child custody, child support, alimony, and the division of community assets and debts.
- Post-judgment issues: Some divorce cases involve additional matters after the judgment, such as one spouse seeking to modify an order or change a will. A family law attorney can handle these issues after the divorce.
Keep in mind that you can settle your divorce case at any point before the trial begins. Opting for a settlement is usually more straightforward, more cost-effective, and less uncertain than going to trial.
Working with a lawyer increases your chances of reaching a mutually agreeable settlement with your spouse and avoiding a trial altogether. However, if your case goes to court, having a divorce lawyer by your side can be invaluable in representing you throughout the trial.
Steps to Take Before Initiating a Divorce in Saratoga
Before moving forward with a difficult divorce, it’s crucial to take specific actions to ensure a better future for yourself and your children:
- Quickly secure legal representation.
- If you have kids, think about staying in your current home.
- Don’t hide or move your children without permission.
- Gather your records or belongings from the marital home.
- Make copies of shared documents and take them out of the house.
- Video record all marital assets with timestamps.
- Keep a journal documenting your daily interactions with your spouse.
- Only sign documents after consulting your attorney first.
- If there’s domestic violence, contact the authorities and file a report.
Contact Our Saratoga Divorce Attorney Today
At Schoenberg Family Law Group, P.C., we’re here to guide and support you through each stage of your divorce process. Our Saratoga family law attorneys provide the compassion and knowledge needed to help you confidently approach your divorce.
We’re dedicated to fighting for a fair, equitable resolution that meets your needs and objectives. Let our committed legal team help you and show you how our expertise and professionalism can positively affect your divorce proceedings. Contact us today!
