Compassionate Divorce Lawyers Serving Clients in Berkeley, California
At Schoenberg Family Law Group, P.C., we’re dedicated to guiding you through the challenges of a failed marriage and addressing your future concerns. Whether your priority is safeguarding your children, ensuring a fair financial settlement, or navigating the divorce process smoothly, our Berkeley divorce lawyer is here to support you.
Our team has extensive experience in all aspects of divorce and can confidently represent you in:
- Legal separation
- Visitation and parenting time
- Child custody and support
- Division of marital property, debts, and assets
- Spousal support
Our Berkeley divorce lawyer will help you make practical, informed decisions to achieve your most crucial divorce goals. Trust us to advocate for your best interests and protect your valuable assets.
Why Clients Select Us for Divorce Representation in Berkeley
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).
We specialize exclusively in family law. With extensive experience in this field, our divorce attorneys are adept at managing the complex and sensitive issues that arise during a Berkeley divorce, which can significantly affect you and your family.
As trial lawyers, we’re equipped to handle any challenge. Our team has extensive experience litigating high-conflict, high-asset, and high-stakes divorce cases throughout California. We’ll diligently work to achieve your goals while minimizing the stress involved.
Causes of Divorce in Berkeley
In California, proving that your spouse is at fault is not necessary to obtain a divorce. As a no-fault divorce state, California allows you to file for divorce based on irreconcilable differences or an irreparable breakdown of the marriage. Neither party is held responsible, and either spouse can initiate the divorce, even if the other wishes to reconcile.
California has specific residency requirements for divorce. One spouse must have lived in the state for at least six months and in the county for at least three months before filing. Additionally, after the divorce petition is filed and served to the other spouse, there is a mandatory six-month waiting period before the court can finalize the divorce.
Ways to File for Divorce in Berkeley, CA
Before beginning the filing process for dissolution, it’s wise to explore other potentially more suitable options for separation based on your specific circumstances. California offers three official methods for ending a marriage or registered domestic partnership:
- Divorce: You can file for a divorce in Berkeley to formally dissolve your marriage. Once the divorce is finalized, you are considered single and can legally remarry.
- Legal Separation: If you prefer not to divorce for personal, religious, or other reasons, legal separation can be a viable alternative. It doesn’t end the marriage officially but allows for separation while maintaining marital status. You cannot remarry or enter a domestic partnership while legally separated.
- Annulment: An annulment may be an option in cases of a legally invalid marriage. In California, marriages are considered invalid if they are bigamous, incestuous, or involve individuals below the minimum age requirement (typically 18 years old). An annulment may also be granted if the marriage resulted from fraud or coercion.
The family law attorneys at Schoenberg Family Law Group, P.C. in Berkeley are experts in divorce alternatives. We ensure you are fully informed about your options before proceeding with the dissolution process. Understanding this decision’s significant impact on you and your family, we provide all the necessary information to help you make a well-informed choice.
No-Fault in Berkeley Divorces
In California, the divorce process operates under a “no-fault” system, which means that a spouse or partner doesn’t have to prove misconduct or wrongdoing to file for divorce. Furthermore, the consent of both partners is not required before initiating the process.
Residency Requirements
Each type of separation in California has its residency requirements for filing. For divorces in California, at least one spouse must have resided in the state for the past six months and in the county where you plan to file for the last three months. To file for a legal separation, residency in the state is required, with no specific length or duration requirements. Typically, there are no residency requirements for an annulment.
When Does My Berkeley Divorce Become Final?
Obtaining a divorce in California involves a specific legal procedure, typically lasting at least six months due to the state’s mandatory waiting period. This regulation stipulates that no divorce can be officially finalized in less than six months. However, if you and your spouse utilize this waiting period to reach a settlement agreement covering all aspects, such as child custody and property division, your divorce may be concluded at the end of this six-month period.
Upon reaching a divorce settlement, you can present the finalized agreement to a family court judge in Alameda County. Following the mandatory six-month waiting period, the judge will review the documents and formally dissolve your marriage. In general, judges approve most settlement agreements unless they heavily favor one spouse or pose a risk to a child’s well-being. Your divorce will be concluded in Berkeley once the judge signs the paperwork and issues an official divorce decree.
If you and your spouse fail to reach a settlement agreement, your divorce case will proceed to trial, extending the process. Scheduling a divorce trial in Berkeley may take over a year or longer, depending on the court backlog. However, you and your spouse retain the option to settle at any point before the trial commences. Once the trial concludes and a judge issues the necessary orders, your marriage dissolution will be finalized.
Berkeley Mediation and Divorce Proceedings
Mediation offers couples the opportunity to address their issues with the assistance of an impartial third party, eliminating the need for court involvement. This approach enables partners or spouses to discuss conflicts or concerns and reach agreements independently and openly. Unlike judges, mediators do not impose decisions on you or compel you to adhere to their directives.
Even if you prefer resolving your separation matters outside of court, seeking guidance from a qualified family law expert in Berkeley who can support you through this process is advisable. Schoenberg Family Law Group, P.C. respects your choice to pursue resolutions outside the courtroom and can offer practical guidance to facilitate a peaceful separation.
Explore Your Divorce Options Today with Our Berkeley Divorce Lawyers
With over 35 years of experience, Schoenberg Family Law Group, P.C. specializes in family law and divorce matters. We offer advice tailored to your unique circumstances, prioritizing you and your children throughout the separation process.
Our Berkeley divorce attorneys recognize the profound effects of divorce on families and strive to assist with transparent and sincere communication. Should you have any inquiries regarding your divorce, please don’t hesitate to contact us online for a confidential consultation.
