Skilled Divorce Attorneys Serving Clients in Fremont, California
At Schoenberg Family Law Group, P.C., our attorneys are dedicated to assisting you through the complexities of a failed marriage and alleviating concerns about your future. Whether your priorities involve ensuring the well-being of your children, securing a fair financial settlement, or navigating the divorce process smoothly, our Fremont divorce attorney is prepared to assist you.
With extensive experience in all aspects of divorce, we can confidently represent you in areas such as:
- Legal separation
- Visitation and parenting time
- Child custody and support
- Division of marital property, debts, and assets
- Spousal support
We handle your family’s legal matters with thorough planning and close attention to detail. We anticipate your future needs and customize our approach to fit your specific situation, ensuring that your rights as both a spouse and a parent are protected while aiming for a fair division of marital assets. Our process involves conducting comprehensive research tailored to your case, addressing intricate financial matters such as dividing businesses, pensions, stocks, and real estate.
At Schoenberg Family Law Group, P.C., we’ll empower you to make informed decisions that align with your divorce goals. Let us advocate for your best interests and vigorously protect your valuable assets.
Why Clients Choose Us for Divorce Representation in Fremont
Our lead attorney, Debra R. Schoenberg, holds the title of Certified Family Law Specialist, which signifies that she has undergone additional education and training and successfully passed a written examination focusing on family law, earning certification from the Board of Legal Specialist 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 specialize exclusively in family law cases. With our extensive experience in this area, our divorce attorneys are adept at resolving intricate and sensitive issues that arise during divorces in Fremont, which can profoundly impact you and your family.
As trial lawyers, we are ready to tackle any challenge. Our team has significant experience litigating divorce cases characterized by high conflict, substantial assets, and high stakes across California. We will work tirelessly to pursue your case objectives while minimizing associated stress as much as possible.
Reasons for Divorce in Fremont, California
In California, you don’t need to prove your spouse’s fault to obtain a divorce. The state operates on a no-fault basis, allowing dissolution based on irreconcilable differences or an irreparable breakdown of the marriage. Both parties can end the marriage regardless of the other’s desire to reconcile, and no one is deemed responsible.
Residency requirements apply to divorce proceedings in California. At least one spouse must have lived in California for at least six months before filing the divorce petition. Additionally, the filing spouse must have resided in the county where they file the petition for at least three months before filing. After filing and serving the divorce petition to the other spouse, there’s a mandatory six-month waiting period before the court can finalize the divorce.
Legal Separation in Fremont
Legal separation and divorce share similarities, but each has advantages and disadvantages. Both entail dividing property, debts, and assets and arranging child custody and visitation. However, legal separation doesn’t permit remarriage. Opting for legal separation means you’re still legally married despite living separate lives.
Unlike divorce, one benefit of legal separation is the absence of residency requirements. No matter how long you’ve lived in California, you’re eligible for legal separation. Another advantage is retaining certain marriage-related benefits, such as employee or insurance benefits. Additionally, personal reasons, such as religious beliefs opposing divorce or hopes for reconciliation in the future, might lead you to choose legal separation.
Annulments in Fremont
While not very common, some couples meet the criteria and opt for an annulment, effectively voiding their marriage. You may pursue an annulment for various reasons, including:
- Incest
- Bigamy
- Lack of informed consent to the marriage
- Unsound mind
- Fraud
- Force, except if the forced party subsequently lived with the other as a spouse by choice
- Physical incapacity of either party at the time of marriage, if the incapacity appears incurable
If you’re considering the possibility of annulment and would like to explore it further, one of our attorneys can discuss your situation in detail.
Divorce and Property Division in California
California’s community property laws stand out, especially during divorces. These laws mandate that all assets acquired during a marriage are divided equally between spouses, regardless of personal opinions on fairness. Anything obtained by either party during the marriage is considered marital property.
Assets owned exclusively by one spouse before marriage remain separate and aren’t divided as long as they haven’t been mixed with joint assets during the marriage. Gifts and inheritances received by one spouse during the marriage also remain separate property. However, assets and debts accumulated during the marriage, including real estate, vehicles, investments, and businesses, are subject to California’s property division laws.
Our Fremont divorce attorneys are dedicated to guiding you through the property division process, aiming to protect your assets whenever possible. We strive to negotiate settlements with your spouse to avoid court proceedings. If you’re considering marriage or are already married, we can help draft prenuptial or postnuptial agreements to shield your property from California’s division laws in the event of a future divorce.
When Does My Divorce Become Official in Fremont, CA
In California, your divorce becomes official on a specific date known as the effective date. This date is set at least six months and one day after you’ve been served with the summons and petition. It’s then recorded in the final judgment for dissolution. If you and your spouse agree on the settlement terms, including the effective date, you can include it in the paperwork submitted to the court. If there’s no agreement, the court usually determines the effective date after processing all the necessary paperwork (if you settle) or following a trial (if there are contested issues).
The finalization of your divorce, as stated in the judgment of dissolution, is significant for various reasons. It impacts your ability to remarry, your eligibility for health insurance from your ex-spouse, and how you file your income taxes. Furthermore, it establishes rights and responsibilities stemming from your previous marital relationship.
Contact our Fremont Divorce Attorney for a Consultation Today
When dealing with divorce or any family law issue, it’s crucial to have a reliable attorney who can explore all aspects of your case and lay out all viable options. At Schoenberg Family Law Group, P.C., our team is dedicated to guiding and supporting you throughout the entire divorce process. We’ll work diligently to construct a strong case that represents your interests and aims to achieve your specific goals.
Book a confidential consultation with one of our attorneys today. We’ll address your most important legal concerns and devise a strategy for moving forward. Contact us today!
