Skilled Divorce Lawyers Serving Clients in Sunnyvale, California
Experiencing a divorce or separation in Sunnyvale can be incredibly tough, both emotionally and practically. Divorce brings with it pain and stress for everyone involved, with a multitude of factors to consider, leading to quick complications. Even if things start amicably, unresolved issues can escalate into disagreements, turning what should be a straightforward process into a stressful and uncertain ordeal about the future. Our Sunnyvale divorce lawyer is here to provide support every step of the way.
Having a knowledgeable and experienced legal team by your side is crucial during these challenging times. At Schoenberg Family Law Group, P.C., we understand the difficulties of divorce in the Silicon Valley area and throughout California. We possess the expertise and compassion to help you navigate even the most intricate situations.
Need a Divorce Lawyer in Sunnyvale, California?
If your divorce in Sunnyvale is complicated, it’s a good idea to think about hiring a divorce lawyer. A lawyer can be helpful if your case involves significant assets, complex financial issues, a business, children, pets, or any other factors that could complicate matters. They’ll guide you through the best course of action for your divorce, whether that involves mediation or going to trial. Finding out that your spouse has already hired a lawyer indicates that you should do the same. Feel free to contact an attorney with any questions or worries about your divorce.
Trustworthy and Expert Legal Assistance Throughout Every Phase of Your Divorce
Our attorneys have the education, experience, skills, and resources necessary to stand firmly beside you throughout your divorce proceedings. We work closely with you to discuss your situation, provide guidance, and create detailed legal strategies tailored specifically to your situation.
Throughout the entire process of dissolution, we not only maintain professionalism and attention to detail and offer compassion and empathy toward your unique circumstances. We inform you about your options and strategies at every step, ensuring transparent communication.
Our legal team is well-versed in handling various aspects of divorce and related matters, including:
- Temporary orders for support, custody, and division of marital property
- Disputes over property division
- Custody disputes and child support issues
- Financial support matters such as alimony
- Legal proceedings related to LGBT matters, such as domestic partnerships and same-sex marriages
- Prenuptial agreements
- Restraining orders
- Modification and enforcement of post-divorce arrangements
- Handling appeals
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).
Drawing on our extensive knowledge of family law, we strive to reassure our clients during what may be an incredibly stressful period, giving them the confidence that they are in capable hands.
Choosing the Optimal Route for Separation in Sunnyvale
Before proceeding with a divorce, exploring alternative options for separation is advisable. California offers three main methods for terminating a marriage or registered domestic partnership:
- Divorce is the most commonly known approach to parting ways with your spouse. You can file for divorce if you believe there are “irreconcilable differences” between you and your partner. This legal process formally terminates your marriage, and upon completion, the court recognizes you as single.
- Legal separation provides a choice for those not yet ready to dissolve their marriage fully. Unlike divorce, it does not officially terminate the marriage, so you cannot remarry or establish a new domestic partnership while legally separated. Legal separation may be suitable for individuals with religious beliefs, personal convictions, or a desire to reconcile their relationship.
- An annulment is a court’s declaration that your marriage is legally void, effectively erasing it from existence. In California, marriages are deemed invalid if they are incestuous, bigamous, or fail to meet standard marriage laws such as minimum age requirements. An annulment can also be pursued if the marriage occurred under coercion, fraud, or other conditions of incapacity.
At Schoenberg Family Law, P.C., we aim to equip you with all the necessary information to make a well-informed decision about ending your marriage or domestic partnership. We understand the gravity of this situation and prioritize clear communication and full transparency to ensure you comprehend all available options.
Divorce Requirements in Sunnyvale
Regardless of the method used to terminate your marriage, certain criteria must be met before initiating divorce proceedings. Remember that depending on the path you choose to end your marriage, there may be residency requirements to consider.
- In California, to file for divorce, one spouse must have resided in the state for the past six months and in the county where you plan to file for divorce for the preceding three months.
- For a legal separation in California, it’s sufficient for only one of you to reside in the state.
In California, there’s a mandatory 6-month waiting period before a divorce is finalized. This waiting period commences when the individual initiating the divorce serves divorce papers on their spouse.
Furthermore, California operates under a “no-fault” divorce system, meaning the spouse initiating the divorce isn’t required to prove wrongdoing. Similarly, both spouses don’t need to agree to end the marriage for one to file for dissolution.
Resolving Your Separation Outside of Court in Sunnyvale
Even if both partners in a marriage or domestic partnership mutually decide to dissolve their union, entering official court proceedings can heighten the emotional toll of the situation. Even seemingly agreeable divorce cases can swiftly turn confrontational when matters like custody rights and property division are questioned. Furthermore, the change in family dynamics can profoundly impact both parents and children, regardless of how smoothly the separation began. Bringing a judge into the process might evoke a sense of relinquishing control and civility. There may be alternative approaches to resolving a divorce or separation without resorting to formal court proceedings.
The Role of Mediation in Divorces in Sunnyvale
Mediation is a tool for helping partners find common ground that suits both parties. It offers a more informal setting than a courtroom, allowing spouses or partners to address disagreements in a civilized manner. This approach enables them to resolve disputes together instead of relying on a judge’s final ruling. It’s important to understand that mediators do not make decisions or force you to accept their suggestions.
An experienced and knowledgeable attorney can significantly reduce the emotional strain of separation. At Schoenberg Family Law, P.C., we can explore alternative methods to resolve your divorce without resorting to court proceedings, ensuring you are fully informed about the most appropriate process for your circumstances. Our family law attorneys in Sunnyvale are committed to providing you with the information and support you need during this challenging period.
Property Division Laws in a California Divorce
Divorce processes differ among states, mainly due to variations in property division laws. Before starting your divorce proceedings, it’s essential to grasp California’s specific regulations regarding property division. Understanding how courts handle property division could motivate you and your spouse to collaborate on a mutually agreeable plan, potentially sidestepping the necessity for a trial.
In California, community property applies, meaning both spouses jointly own property acquired during the marriage. Consequently, marital property is divided equally during divorce proceedings, with each party receiving a 50/50 share. Factors like the duration of the marriage or fault for the divorce typically don’t affect property division. Pre-marital property (separate property) remains with its respective owner, while marital property is split evenly. Instead of leaving property division to a judge’s discretion, you and your spouse can opt for a mutual agreement.
California divorce courts encourage couples to devise property division plans before legal intervention. If you can cooperate to determine the allocation of assets such as real estate, family businesses, vehicles, furniture, savings, debts, and more, you might avoid the need for judicial involvement. Otherwise, the court will equally divide all marital property between both parties.
Schedule a Consultation Today with a Sunnyvale Divorce Lawyer Today
With over 35 years of experience in family law and divorce cases, Schoenberg Family Law Group, P.C. is fully prepared to manage legal proceedings. Our team of devoted Sunnyvale divorce lawyers has the ideal combination of knowledge, professionalism, and empathy to assist clients through their circumstances.
In the event of disputes, we are dedicated to representing our clients and are prepared to take legal action if required. Placing our clients’ needs at the forefront, we aim to offer reassurance through clear communication and open discussion. If you have any questions about your divorce proceedings or related matters, please feel free to contact us online.
