Skilled Divorce Lawyers Serving Clients in Ross, California
Talk to one of our attorneys today about any divorce issue, including:
- Divorce
- Child custody
- Child support
- Division of marital property, debts, and assets
- Spousal support
At Schoenberg Family Law Group, P.C., we’re here to help you meet your family’s needs. No matter where you are in the divorce process, you can rely on our Ross family law attorneys for support and guidance. 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).
How Will A Ross Divorce Lawyer Help?
A family law attorney in Ross knows how to handle your divorce case for the best possible outcome. While you focus on your future, your attorney will work toward your goals using effective legal strategies. A law firm also has valuable resources to support your case, including connections to experts and assistants to simplify the divorce filing process.
Hiring a divorce attorney means protecting yourself and your rights with a strong legal advocate dedicated to your best interests. Your lawyer can improve the chances of reaching a divorce settlement, helping you avoid a lengthy and expensive trial. They can also reduce the emotional stress on you and your family by addressing your concerns. Working with an experienced divorce lawyer in Ross can lead to a more favorable case outcome and a better overall legal experience for your family.
Legal Separation vs. Divorce in Ross, CA
One of the first steps in getting a divorce in Ross is deciding if it’s the right choice for you. Some couples find that legal separation is a better alternative for various reasons. For instance, if you want to keep benefits associated with being married, such as insurance or healthcare, legal separation allows you to live independently while still receiving these benefits since you remain married on paper.
If there’s a possibility of reconciling with your spouse, legal separation is also a better option because it’s easy to reverse and restore your marriage. Divorce, on the other hand, is final. Legal separation can be a transitional step before divorce, allowing you to separate your finances, credit, and bank accounts and build financial independence. It can also help you and your spouse create a settlement agreement or obtain a separation judgment, making the divorce process smoother if you decide to proceed later.
Besides divorce and legal separation, there are other legal options. For example, you might qualify for an annulment, which means that legally, your marriage never existed. An annulment nullifies the marriage, returning you to “single” status, which may be an option if your marriage was never legally valid, such as in cases of bigamy, incest, one or more parties being under 18 without parental consent, fraud, or coercion.
Grounds for Divorce in California
In California, divorces aren’t blamed on either spouse. Instead, they’re typically attributed to irreconcilable differences or an irreparable breakdown of the marriage, making California a “no-fault” divorce state.
California has residency requirements for filing for divorce. One spouse must have lived in California for at least six months before filing, and must have resided in the county where they’re filing for at least three months before filing.
If spouses can’t meet California’s residency requirements initially, they can file for legal separation and later change it to a divorce once they meet the residency criteria. A divorce is finalized once a judge orders it, and there’s a minimum waiting period of six months.
Child Custody During a Divorce in Ross
In California, when courts decide child custody matters, their main concerns are the well-being of the children involved and the custodial parent’s capability to provide care. Two types of custody are recognized: legal and physical.
Legal custody involves making significant decisions in the child’s life, such as healthcare, religion, and education. Physical custody refers to which parent the child lives or stays with.
Courts assess child custody based on various factors, including:
- The child’s age
- Their health
- Emotional bonds between each parent and the child
- Each parent’s ability to provide care (emotionally, physically, and financially)
- Any history of family violence or substance abuse
- The child’s connections to their school, home, and community
When awarding custody, courts don’t favor one parent over the other based on gender, lifestyle, sexual orientation, or religion.
Child Support During Divorce in Ross
Every parent has a legal obligation to support their child or children financially. Child support entails a court-mandated monthly payment to cover the costs of raising a child. Family law judges in California refer to state guidelines when determining child support orders.
The level of support is determined by various factors, including the time each parent dedicates to caring for the child and their earnings. When parents don’t have custody, they’re typically required to provide regular child support payments to contribute to their upbringing expenses. Child support obligations generally last until the child reaches either 18 years old or 19 if they’re unmarried and attending high school full-time. In unique situations, the court might extend child support beyond adulthood. In cases where a child has a disability or cannot sustain themselves, the court may order continued support from the parents.
Schedule a Confidential Consultation with our Ross Divorce Lawyer Today
At Schoenberg Family Law Group, P.C., our attorneys are skilled advocates committed to offering you the practical guidance and representation you deserve. We care deeply about your family and your future, and we strive to keep you informed every step of the way. Contact us today!
We will listen to your concerns with compassion and advocate for your needs, whether you’re protecting your children, ensuring a fair financial outcome, or navigating the divorce process smoothly. Schoenberg Family Law Group, P.C., is here to support you.
