Dedicated Divorce Attorneys Helping Clients in Piedmont, California
Going through a divorce can be challenging, especially when there are children and property involved. If you need a skilled legal team to guide you through the process and protect your rights and assets, contact the Piedmont divorce attorney at Schoenberg Family Law Group, P.C.
At Schoenberg Family Law Group, P.C., we:
- Prioritize our clients, tailoring our approach to meet their individual needs.
- Are committed to delivering high-quality legal services with a focus on excellence.
- Approach every case with respect and empathy.
We handle various family law matters, from straightforward agreements to complex, high-value divorce cases. Contact us in Piedmont today to discuss your concerns about divorce and get answers to your questions.
Allow Our Piedmont Divorce Attorneys to Assist You Today
Divorce involves more than just paperwork—it’s a complex process. Here at Schoenberg Family Law Group, P.C., our experienced divorce attorneys provide informed legal guidance, stand up for your rights, and ensure any agreements with your spouse won’t jeopardize your future.
We also:
- Help identify, assess, and divide your marital assets and debts.
- Offer advice on potential tax implications related to asset division.
- Assess your case for potential spousal support.
- Act as a buffer between you, your spouse, and their attorney.
- Calculate child support payments.
- Assist in creating a practical child visitation and custody arrangement.
- Negotiate your final divorce settlement.
- Proceed with a divorce trial on your behalf if necessary.
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). Don’t navigate the divorce process alone; rely on a team of professionals to support you. Contact Schoenberg Family Law Group, P.C. today for dependable advice you can trust.
No-Fault Divorce in Piedmont
In California, divorces operate on a no-fault basis, meaning neither spouse is blamed for the divorce. Instead, a couple can end their marriage by citing irreconcilable differences or an inability to maintain harmony in their relationship.
The Legal Documents to Start Divorce Proceedings: The Summons and Petition for Dissolution of Marriage
In a divorce, the spouse who initiates the divorce process is called the petitioner, while the other spouse is the respondent. The divorce process begins when the petitioner files a Summons and Petition for Dissolution of Marriage with the court clerk. Additional forms are needed when children are involved.
The petitioner must officially notify the other spouse about the divorce proceedings. Typically, the divorce documents are delivered to the respondent by a neutral third party, like a professional process server or a peace officer. The court requires proof of proper service before proceeding with the divorce.
Once served, the respondent has thirty days to respond to the papers. During this time, they can voice their requests and address concerns about the petitioner’s proposals. Failing to respond could result in the court granting the divorce based on the petitioner’s terms.
Varieties of Divorce Strategies in Piedmont, CA
In Piedmont, divorces generally fall into four categories: default, default with an agreement, uncontested, and contested divorce.
A default divorce occurs when the respondent doesn’t respond to the divorce papers, potentially allowing the court to grant the divorce by accepting the petitioner’s requests as stated in their initial petition.
In a default with an agreement scenario, the spouses reach an agreement before starting the divorce process. Because there’s an agreement, the respondent can respond to the petitioner’s petition without contesting any terms.
In an uncontested divorce, both spouses agree on all terms, and the respondent may file a response that doesn’t contest any items in the petition.
On the other hand, a contested divorce arises when the respondent files a response disagreeing with at least one of the terms presented in the petitioner’s divorce petition.
Resolving Conflicts in a Piedmont Divorce
When it comes to resolving divorce conflicts in California, there are various options if spouses can’t reach an agreement:
- Mediation: A neutral third party assists spouses in clarifying their remaining issues and finding solutions together.
- Court Proceedings: If other methods fail, spouses can bring their cases to court for final decisions. Since spouses are most familiar with their situations, it’s generally preferable to reach compromises rather than have the court decide for them.
Once final divorce orders are issued, they are legally binding and must be followed to avoid court penalties. In some cases, modifications can be requested by filing a petition with the court.
Child Custody in a Piedmont Divorce
In California, when courts make decisions about child custody, they focus on the well-being of the children and the custodial parent’s ability to care for them. California recognizes two types of custody: legal and physical.
Legal custody involves making important decisions in the child’s life, such as healthcare, education, and religious upbringing. Physical custody refers to where the child primarily lives or spends their time.
When assessing child custody, courts take into account several factors, including:
- The child’s age and health
- The emotional bond between each parent and the child
- Each parent’s ability to provide care for the child, including emotional, physical, and financial support
- Any history of family violence or substance abuse
- The child’s connections to their school, home, and community
It’s essential to understand that courts do not prefer one parent over the other based on gender, lifestyle, sexual orientation, or religious beliefs when determining custody.
Contact Our Piedmont Divorce Attorneys Today for a Confidential Consultation
If you’re going through a divorce, our team of Piedmont divorce attorneys is here to assist you. Reach out to us today to schedule a consultation.
