Experienced Divorce Lawyers Serving Calistoga, CA
Divorce is never easy. Even amicable divorces can become complicated and contentious, especially when assets and children are involved. The decisions you make during your divorce can impact your and your children’s lives for years. The Calistoga family law attorneys at Schoenberg Family Law Group, P.C., understand family and family law disputes. We aim to offer honest, practical solutions to your divorce problems. Whenever possible, our skilled Calistoga divorce attorneys aim to resolve heated matters outside the courtroom rather than through litigation.
Contact Schoenberg Family Law Group, P.C. to discuss your divorce with attorneys who are:
- Respectful and compassionate
- Committed to finding the right solutions for you and your family
- Experienced in complex and high-asset divorce cases
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 can answer your most pressing divorce questions and help set your mind at ease.
Our Calistoga Divorce Attorneys Can Help
An experienced divorce attorney can save you time, money, and frustration. There’s no reason to tackle your divorce alone when you can have a team of professionals on your side. At Schoenberg Family Law Group, P.C., we strive to protect your legal interests during your divorce and well into the future.
Our divorce attorneys are committed to the following:
- Reducing your stress by handling the legal aspects of your divorce
- Ensuring proper identification and valuation of marital assets for a fair property division
- Examining your case for a potential spousal support claim
- Retaining needed experts to provide detailed evidence in court
- Aggressively pursuing your parenting plan
- Correctly calculating any child support obligation
- Reviewing your divorce documents for accuracy, clarity, and enforceability
Speak with a divorce professional at Schoenberg Family Law Group, P.C., today about your case. We can schedule a consultation at your convenience and keep it completely confidential.
Residency Requirements for a Divorce in Calistoga
Calistoga, California, has specific residency requirements for divorce. In California, one spouse must be a state resident for at least six months before filing for divorce. That same spouse must reside in the county where they plan to file for at least three months before the divorce.
No-Fault Divorce in Calistoga
California permits “no-fault” divorce, which means a spouse may file for divorce without blaming the other spouse for the breakup of the marriage. Neither spouse must prove the other is at fault for the divorce. The filing spouse must only show irreconcilable differences or an irrevocable breakdown in the marriage for a court to grant the divorce.
Waiting Period for a Divorce in Calistoga
California has a mandatory six-month waiting period between filing for divorce and the date the court grants it. This rule has no exceptions, not even for an agreed-upon divorce.
Property Division in Calistoga, CA
California is a community property state, meaning that, without a prenuptial or postnuptial agreement defining property rights and responsibilities in the event of a divorce, the court will divide the marital property and debts equally.
Separate property is not considered community property and is not included in the division of marital property in a divorce. A spouse’s separate property includes:
- All property owned by the spouse before marriage
- All property acquired during the marriage by gift or inheritance
- All rents, issues, and profits derived from the separate property
- All property defined as separate by a valid prenuptial or postnuptial agreement
Spousal Support in Calistoga
California allows for temporary, rehabilitative, permanent, and reimbursement spousal support. However, before spousal support can be awarded, one spouse must have financial needs, and the other must be able to pay. The court reviews the following factors when considering spousal support:
- The length of the marriage or domestic partnership
- The needs of each partner or spouse
- The age and health of each party
- How much income can each one earn, and what is the earning capacity of each party
- Whether one party’s career was affected by unemployment or by taking care of the children at home
- Whether one spouse or partner helped the other get an education, training, career, or professional license
- Whether there was domestic violence in the marriage or domestic partnership
- Debts and property, both separate and marital
- Whether there are minor children at home and if working outside the home would make it too hard to care for them
- The history of the way the couple handled money during the marriage or domestic partnership
Spousal support stops when:
- A court order or judgment decrees an end date
- One of the parties dies
- The receiving spouse remarries
Child Custody in Calistoga
In California, custody decisions are based on the best interests of the child, which includes, but is not limited to:
- The health, safety, and welfare of the child
- Any history of abuse by one parent or any person in a parent’s home
- The nature and amount of contact with both parents
- The habitual or continual illegal use of controlled substances or alcohol by either parent
Other factors that may influence a custody decision include:
- Which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent
- If custody is not awarded to either parent, then to the person(s) in whose home the child has been living in a wholesome and stable environment
- The person(s) deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child
- The court has no gender bias regarding a custody award.
Child Support in Calistoga
California has statewide guidelines for calculating child support, including a mathematical formula. Parents or the court can set a child support obligation. If parents create their agreement, it must meet California’s guideline requirements. The guideline calculation considers the following:
- How much money a parent earns or their earning potential
- How much other income each parent receives
- How many children the parents have together
- How much time each parent spends with their children
- The actual tax filing status of each parent
- Support of children from other relationships
- Health insurance expenses
- Mandatory union dues
- Mandatory retirement contributions
- The cost of sharing daycare and uninsured healthcare costs
- Other relevant factors
Travel expenses, educational expenses, and special needs may also be included in child support calculations.
Contact an Experienced Calistoga Divorce Attorney
If you would like to discuss filing for divorce in Calistoga with an experienced Calistoga divorce attorney, call Schoenberg Family Law Group, P.C. We have over thirty-five years of experience and focus solely on family law.
Do not trust your divorce to a multi-practice firm. At Schoenberg Family Law Group, P.C., you will work with skilled and dedicated family law attorneys who know California divorce laws and how best to meet your divorce needs and goals.
Let Schoenberg Family Law Group, P.C. answer your questions about any of the above divorce issues and more by reaching out to our Calistoga office today. Contact us online today.
