Skilled Divorce Lawyers Helping Clients in Los Gatos, California
The seasoned family law practitioners at Schoenberg Family Law Group, P.C. in Los Gatos are well-versed in the intricacies of divorce proceedings. They can offer comprehensive guidance on the divorce process in Santa Clara County. Securing appropriate legal counsel is paramount during this significant transition in life. We serve clients across all municipalities in Santa Clara County, as well as those in San Jose, San Francisco, and beyond. Our experienced divorce attorneys in Los Gatos collaborate closely with you to safeguard your family and financial interests both presently and in the long term. Drawing from over three decades of experience addressing intricate divorce and family law matters, we staunchly uphold your rights and vigorously advocate for your concerns.
At Schoenberg Family Law Group, P.C., we’re committed to advising you on your rights and assisting you in identifying your objectives throughout the divorce process.
Our legal team adeptly handles all facets of family law involving divorce, including:
- Child custody matters
- Addressing domestic violence
- Establishing visitation rights
- Equal division of assets, including the identification of concealed holdings
- Alimony arrangements
- Child support issues
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). Contact our office today to experience our commitment to providing excellent client service.
Ways Our Divorce Attorneys in Los Gatos Can Support You
Our skilled family law attorneys in Los Gatos can skillfully guide you through your divorce proceedings to achieve the best possible outcome. They focus on your goals and employ effective legal tactics, freeing you to focus on planning your future. Additionally, an experienced law firm provides valuable resources to assist with your divorce, including access to experts and support staff to streamline paperwork.
By hiring a divorce attorney, you secure a dedicated legal ally committed to protecting your rights and interests. Our expertise increases the chances of settling, avoiding a lengthy and costly trial. Moreover, we offer crucial emotional support by addressing your worries and standing by you and your family. Teaming up with an experienced capable divorce lawyer in Los Gatos sets the stage for a smoother legal journey and a more advantageous resolution for your family.
Distinguishing Legal Separation from Divorce
Before deciding to pursue a divorce in Los Gatos, it’s essential to carefully consider whether it’s the best course of action for your specific circumstances. For some couples, legal separation might present a more fitting alternative for various reasons. For instance, if you desire to maintain certain marital benefits, such as insurance coverage or healthcare, legal separation allows you to live apart while still retaining your married status on paper.
Legal separation also appeals to couples contemplating reconciliation. Unlike divorce, it’s easily reversible, offering more flexibility for those uncertain about the future of their marriage. Furthermore, it can serve as a preliminary step before divorce, assisting couples in sorting out their finances and establishing individual financial independence. This preparation can streamline matters if they decide to divorce by creating a settlement agreement or judgment for separation.
Additionally, there are alternative legal options, such as annulment. An annulment essentially invalidates the marriage, treating it as if it never occurred and restoring both parties to their “single” status. This approach might be appropriate if the marriage was never legally valid, such as in cases involving bigamy, incest, underage marriage without parental consent, fraud, or coercion.
Typical Causes of Divorce in Los Gatos, CA
In California, divorces are granted based on irreconcilable differences or an irreparable marriage breakdown, making it a “no-fault” divorce state. To start a divorce in California, one must fulfill specific residency requirements. One spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months before initiating the proceedings.
If you don’t meet California’s residency criteria, you have the option to initially file for legal separation, with the possibility of converting it to a divorce once the residency requirements are met. The divorce becomes final when a judge issues an order, and there’s a mandatory six-month waiting period for divorces in California.
Contested vs. Uncontested Divorce in Los Gatos
In Los Gatos, divorces are categorized as either contested or uncontested, depending on whether you and your spouse can agree on the terms of your divorce. If you both agree on significant issues like child custody, support, visitation, and property division, your divorce is considered uncontested. Typically, this type of divorce is quicker and less expensive because it avoids the need for a trial. A judge in Santa Clara County can approve your settlement without requiring court appearances. Uncontested divorces also maintain your privacy and confidentiality.
However, your divorce becomes contested if you and your spouse can’t agree on the terms. In such situations, you must present your case before a judge who will decide on your behalf. It’s important not to feel pressured by your spouse to accept unfavorable terms. Instead, work with an attorney to negotiate and protect your rights.
Child Custody in a Los Gatos Divorce
When California courts decide on child custody matters, their primary concern is the well-being of the children and the custodial parent’s ability to provide care. California recognizes two types of custody: legal and physical.
Legal custody involves making important decisions about the child’s life, including healthcare, education, and religious upbringing. Physical custody refers to where the child primarily resides.
Courts take several factors into account when deciding child custody:
- The child’s age and general well-being.
- The emotional bond between the child and each parent.
- Each parent’s ability to offer emotional, physical, and financial care for the child.
- Any history of family violence or substance abuse.
- The child’s ties to their school, home, and community.
When determining custody, courts do not favor one parent over the other based on gender, lifestyle, sexual orientation, or religious views.
Contact Our Compassionate Los Gatos Divorce Attorney Today
At Schoenberg Family Law Group, P.C., our attorneys are dedicated advocates providing the practical guidance and representation you need. Your family and future are our top priorities. Contact us today!
We’ll listen attentively to your concerns and vigorously advocate for your interests, whether you’re protecting your children, securing a fair financial settlement, or navigating the divorce process smoothly. Schoenberg Family Law Group, P.C. is here to support you every step of the way.
