Experienced Divorce Lawyers Serving Clients in Tiburon, California
Navigating through a divorce can be challenging. Even when both parties agree, things can become complicated, especially when assets and children are involved. Your decisions during this time can have long-term implications for you and your children. The experienced Tiburon divorce lawyers at Schoenberg Family Law Group, P.C. understands this.
We comprehend the intricacies of family dynamics and legal battles. Our goal is to offer clear, practical solutions. Whenever possible, our family law team strives to resolve disputes amicably outside of court, avoiding unnecessary litigation.
Reach out to Schoenberg Family Law Group, P.C., to discuss your divorce with attorneys who:
- Are respectful and empathetic;
- Possess expertise in both negotiation and litigation and
- Have a track record of handling complex and high-asset divorce cases successfully.
We’re here to address your most pressing divorce concerns and chart a path forward.
Let Our Tiburon Divorce Lawyers Assist You
Having an experienced divorce lawyer by your side is invaluable – they can save you time, money, and significant stress. Why face it alone when you can have a dedicated team supporting you? Schoenberg Family Law Group, P.C. protects your legal rights throughout the divorce process and beyond.
Our divorce attorneys prioritize:
- Alleviating your stress by handling the legal aspects of your divorce;
- Ensuring equal division of community property by accurately identifying and valuing them;
- Evaluating your eligibility for spousal support;
- Bringing in experts when needed to bolster your case in court;
- Advocating for your parenting plan;
- Calculating any child support owed accurately;
- Thoroughly reviewing your divorce documents for precision, clarity, and enforceability.
Our lead attorney, Debra R. Schoenberg, is a 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 a divorce attorney at Schoenberg Family Law Group, P.C., today to discuss your situation. We’ll arrange your consultation at your convenience and maintain strict confidentiality throughout.
No-Fault Divorce in Tiburon
In California, you have the option to pursue a “no-fault” divorce, which means you don’t have to assign blame to your spouse for the marriage coming to an end. There’s no obligation to prove fault on either side. The only requirement is to show irreconcilable differences or an irrevocable breakdown in the marriage for the court to grant the divorce.
California Spousal Support and Alimony Laws
Unlike the division of property, California’s divorce laws consider the duration of the marriage when determining spousal support, also known as alimony. Generally, if your marriage lasted less than ten years, you may be entitled to receive spousal support for half the length of the marriage. For example, if your marriage lasted six years, you might receive alimony for three years. However, no set alimony amount exists for marriages lasting over ten years. In such cases, a judge has the discretion to decide the duration of spousal support based on the specific circumstances of each case. The awarded alimony should be enough to help the recipient maintain the standard of living they had during the marriage after the divorce.
Usually, a judge may grant alimony when there’s a significant income disparity between the spouses in a divorce. For instance, if one spouse gave up their career to care for children during the marriage, they might be entitled to spousal support from the higher-earning spouse. Factors considered by a judge include each party’s financial needs, one spouse’s ability to pay, financial responsibilities and assets, ages and health conditions, instances of domestic violence, any hardships faced, and the length of the marriage.
Visitation, Child Custody, and Child Support Agreements
Child custody is a critical issue in divorce cases involving children. Even if a couple agrees on all other aspects of their divorce, they often encounter challenges regarding custody, visitation, and child support. Understanding how the courts handle these matters can help you and your spouse determine the most appropriate arrangement for your family.
In some cases, one parent may have primary custody of the children while the other has secondary custody. Alternatively, parents may choose joint custody, where they share custody equally. In other situations, only one parent may have custody. Additionally, parents may have legal and physical custody, with legal custody involving making significant decisions for the child, such as education or healthcare.
Parents can establish custody agreements if they agree on a parenting plan. If not, a judge will intervene to decide during a hearing. When determining child custody, a judge considers various factors, including each parent’s relationship with the child, the child’s needs, any history of domestic violence, and each parent’s ability to care for the child. However, the primary consideration is always the best interests of the child.
If a judge grants one parent visitation rights only, the visitation may be scheduled, reasonable, or supervised, depending on the circumstances, with the other parent typically designated as the primary caregiver. The courts will also order payment of child support, with the amount determined by each parent’s income. Usually, support continues until the child reaches 18 or completes high school, whichever comes later.
Ultimately, a judge will decide what’s best for the child after carefully assessing the situation. If a child is old enough and mature enough, the judge may consider their opinion about where they want to live, but they are not obligated to follow it. It’s advisable to try to negotiate with your spouse before resorting to a court battle over custody. Finding common ground on custody and support could spare your family from a complex legal dispute.
When Will My Divorce Be Finalized in Tiburon, CA?
In California, once you initiate divorce proceedings, there’s a mandatory six-month waiting period before the court finalizes the divorce. This waiting period applies to all cases, regardless of whether both parties agree about the terms of the divorce.
Contact our Compassionate Tiburon Divorce Lawyer Today
If you’re considering getting a divorce in Tiburon, contact our experienced team at Schoenberg Family Law Group, P.C. With over thirty-five years of experience, we specialize in family law.
Don’t settle for a firm that deals with various legal matters. Our firm concentrates solely on family law, guaranteeing that skilled attorneys, well-versed in California divorce laws, will assist you and can cater to your individual needs and goals.
Contact our Tiburon divorce lawyers today for answers to your divorce inquiries and more. Reach out to us now.
