Skilled Divorce Lawyers Helping Clients in Monte Sereno, California
The experienced family law attorneys at Schoenberg Family Law Group, P.C. in Monte Sereno understand the divorce process. They can answer your questions about getting divorced in Santa Clara County. Finding the right legal support during this significant life change is essential. We handle divorce cases from all cities in Santa Clara County, as well as from San Jose, San Francisco, and beyond. Our Monte Sereno divorce lawyer works closely with you to protect your family and financial assets now and in the future. With over thirty-five years of experience in dealing with complex divorce and family law issues, we will defend your rights and advocate strongly for your interests.
At Schoenberg Family Law Group, P.C., we’re here to explain your legal rights and help you define your goals throughout the divorce process.
Our attorneys handle all aspects of family law related to divorce, including:
- Child custody
- Domestic violence
- Visitation rights
- Property division, including finding hidden assets
- Alimony
- Child support
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.
How Our Monte Sereno Divorce Lawyers Can Help
Our family law attorneys in Monte Sereno can expertly guide your divorce case to achieve the best possible outcome. They will work towards your goals using effective legal strategies, allowing you to focus on your future. An experienced law firm will also provide valuable resources to support your divorce, including access to experts and assistants to simplify the filing process.
Hiring a divorce attorney ensures you have a strong legal advocate dedicated to protecting your rights and interests. Your attorney can increase the chances of settling, helping you avoid a lengthy and costly trial. They can also reduce the emotional stress of divorce by addressing your concerns and supporting you and your family. Working with an experienced divorce lawyer in Monte Sereno can lead to a better resolution and a smoother legal process for your family.
Understanding the Difference Between Legal Separation and Divorce
Before deciding on a divorce in Monte Sereno, it’s crucial to determine if it’s the right choice for your situation. Some couples may find legal separation a better alternative for various reasons. For example, if you want to keep certain benefits of marriage, like insurance coverage or healthcare, legal separation allows you to live apart while still being married on paper.
Legal separation is also a good option for couples considering reconciliation. Unlike divorce, it can be easily reversed, offering more flexibility for those unsure about the future of their marriage. It can also serve as a preliminary step before divorce, helping couples separate their finances and establish individual financial independence. This process can simplify things if they decide to divorce later on by creating a settlement agreement or judgment for separation.
Additionally, there are other legal options like annulment. An annulment legally nullifies the marriage, essentially erasing it and restoring both parties to “single” status. This option might be appropriate if the marriage was never legally valid, such as in cases of bigamy, incest, underage marriage without parental consent, fraud, or coercion.
Reasons for Divorce in Monte Sereno, CA
In California, divorces are based on irreconcilable differences or an irreparable marriage breakdown, making it a “no-fault” divorce state.
To file for divorce in California, you must meet 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 starting the process.
These residency requirements do not apply to same-sex couples who were married in California but live in states that do not recognize same-sex divorce.
If you don’t meet California’s residency requirements, you can file for legal separation and then change it to a divorce once you meet the requirements. A divorce is finalized when a judge issues an order, and there is a minimum six-month waiting period for a divorce in California.
Contested vs. Uncontested Divorce in Monte Sereno
A divorce in Monte Sereno can be either contested or uncontested, depending on whether you and your spouse can agree on the terms of your divorce. Your divorce will be uncontested if you agree on all major issues, such as child custody, child support, visitation, and property division. This type of divorce is usually quicker and less expensive because it avoids the need for a trial, and a judge in Santa Clara County can approve your settlement without courtroom proceedings. An uncontested divorce also helps you maintain privacy and confidentiality.
However, your divorce will be contested if you and your spouse can’t agree on the terms. In a contested divorce, you must go before a judge who will decide the terms for you. It’s important not to let your spouse pressure you into accepting unfavorable terms. Instead, work with an attorney to negotiate and protect your rights.
Child Custody in a Monte Sereno Divorce
When California courts decide on child custody, 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 lives.
Courts look at several factors when deciding on child custody:
- The child’s age and health.
- The emotional bond between the child and each parent.
- Each parent’s ability to care for the child emotionally, physically, and financially.
- Any history of family violence or substance abuse.
- The child’s ties to their school, home, and community.
Courts do not favor one parent over the other based on gender, lifestyle, sexual orientation, or religious beliefs when deciding custody.
Contact Our Compassionate Monte Sereno Divorce Lawyer Today
At Schoenberg Family Law Group, P.C., our attorneys are dedicated advocates who provide the practical guidance and representation you need. We prioritize your family and future, ensuring you stay informed every step of the way. Contact us today!
We will listen to your concerns and passionately 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.
