Skilled Divorce Lawyers Helping Clients in Cupertino, California
The experienced family law attorneys at Schoenberg Family Law Group, P.C. in Cupertino 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 crucial. We handle divorce cases from all cities in Santa Clara County, as well as from San Jose, San Francisco, and beyond. Our Cupertino divorce attorneys work closely with you to protect your family and financial assets now and in the future. With over thirty-five years of experience 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 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 Cupertino Divorce Lawyer Can Assist You
An experienced family law attorney in Cupertino can expertly navigate your divorce proceedings to secure the most favorable outcome. With a focus on your objectives, they employ effective legal strategies, allowing you to concentrate on planning for your future. Additionally, a seasoned law firm offers valuable resources to aid in your divorce, including access to specialists and support staff to streamline the paperwork.
By enlisting the services of a divorce attorney, you gain a steadfast legal advocate committed to safeguarding your rights and interests. Their expertise enhances the likelihood of settling, thereby averting a protracted and expensive trial. Furthermore, they provide invaluable emotional support by addressing your concerns and standing by you and your family throughout the process. Collaborating with an experienced divorce lawyer in Cupertino paves the way for a smoother legal journey and a more satisfactory resolution for your family.
The Contrast Between Legal Separation and Divorce
Before getting a divorce in Cupertino, it’s important to consider whether it’s truly the best path for your circumstances. For some couples, legal separation might offer a more suitable alternative for various reasons. For instance, if you wish to retain certain marital benefits, like insurance coverage or healthcare, legal separation permits you to live apart while still maintaining your married status on paper.
Legal separation also appeals to couples contemplating reconciliation. Unlike divorce, it’s easily reversible, providing more flexibility for those uncertain about the future of their marriage. Moreover, it can serve as a preliminary step before divorce, aiding couples in untangling their finances and establishing individual financial independence. This preparation can streamline matters if they ultimately opt for divorce by creating a settlement agreement or judgment for separation.
In rare circumstances, a party may be entitled to an annulment. An annulment essentially voids the marriage, treating it as if it never existed and restoring both parties to their “single” status. This route might be suitable if the marriage was never legally valid, as in cases involving bigamy, incest, underage marriage without parental consent, fraud, or coercion.
Common Reasons for Divorce in Cupertino, CA
In California, divorces are granted based on irreconcilable differences or an irreparable breakdown of the marriage, making it a “no-fault” divorce state.
To initiate a divorce in California, certain residency criteria must be met. Specifically, one spouse must have resided in California for at least six months and in the county where the divorce is being filed for at least three months prior to commencing the process.
If you don’t fulfill California’s residency prerequisites, you can opt to file for legal separation initially, with the option to convert it to a divorce once the residency criteria are met. The finalization of divorce occurs when a judge issues an order, and there’s a mandatory six-month waiting period for divorces in California.
Contested vs. Uncontested Divorce in Cupertino
In Cupertino, divorces can fall into two categories: contested or uncontested, depending on whether you and your spouse can agree on the terms of your divorce. Your divorce is considered uncontested if you can agree on significant issues like child custody, support, visitation, and property division. Typically, this type of divorce is faster and less expensive because it skips the need for a trial, and a judge in Santa Clara County can approve your settlement without court appearances. Uncontested divorces also offer the advantage of preserving your privacy and confidentiality.
However, if you and your spouse can’t see eye to eye on the terms, your divorce becomes contested. In such cases, you’ll have to present your case before a judge who will decide on your behalf. It’s crucial not to succumb to pressure from your spouse to accept unfavorable terms. Instead, collaborate with an attorney to negotiate and safeguard your rights.
Child Custody in a Cupertino Divorce
When California courts make decisions regarding child custody, their primary focus is on the welfare of the children and the custodial parent’s capacity to provide care. California acknowledges two forms of custody: legal and physical.
Legal custody entails making significant decisions concerning the child’s life, such as healthcare, education, and religious upbringing. Physical custody, on the other hand, pertains to the child’s primary residence.
Courts consider various factors when determining child custody:
- The child’s age and overall health.
- The emotional connection between the child and each parent.
- Each parent’s capability to provide emotional, physical, and financial support for the child.
- Any past instances of family violence or substance abuse.
- The child’s connections to their school, residence, and community.
When deciding custody, courts do not show a preference for one parent over the other based on gender, lifestyle, sexual orientation, or religious beliefs.
Contact Our Compassionate Cupertino Divorce Attorney Today
At Schoenberg Family Law Group, P.C., our Cupertino divorce attorneys are committed advocates who offer the practical guidance and representation you require. We put your family and future first, keeping you informed throughout the process. Get in touch with us today!
We’ll attentively listen to your concerns and fervently fight for your interests, whether it involves safeguarding your children, ensuring a fair financial settlement, or seamlessly navigating the divorce proceedings. Schoenberg Family Law Group, P.C. is here to stand by you.
