Experienced Divorce Lawyers Serving Rancho Mirage, California
Divorce is a deeply personal and emotionally intense journey. Knowing what lies ahead can alleviate some of the anxiety and provide a sense of stability during this uncertain time. While it’s not mandatory to hire a Rancho Mirage divorce attorney for a divorce in California, having a seasoned legal expert by your side is crucial for navigating the intricate process of dissolution or legal separation in the state. At Schoenberg Family Law Group, P.C., our team of divorce lawyers possesses the expertise and insight to handle even the most intricate and contentious divorces, striving to achieve fair resolutions. If you’re in need of legal guidance from an experienced divorce attorney, don’t hesitate to reach out to our office today to arrange a consultation with a Rancho Mirage Divorce Lawyer.
Devoted Legal Representation for Divorce and Separation in Rancho Mirage, CA
Our divorce attorneys are well-equipped to create tailored legal strategies for your situation in Rancho Mirage. We guide, resolve, negotiate, and if needed, litigate based on your challenges. We excel at negotiating in tense situations. We’re thorough in uncovering all aspects of your marital assets and experienced in prioritizing the well-being of your children throughout the legal process. 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.
We’ll guide you through starting a divorce or pursuing a legal separation in California, ensuring you understand each phase and can make informed choices. Our lawyers are knowledgeable in all divorce scenarios, including:
- Mediation’s role, even in complex divorces with high conflict
- Temporary orders covering custody, support, and property
- Property division and disputes regarding community property
- Custody, visitation, and child support matters
- Alimony for married couples and legal actions for unmarried couples
- LGBTQ+ issues like same-sex marriage and domestic partnerships
- Creating or litigating prenuptial and postnuptial agreements
- Obtaining domestic violence restraining orders
- Modifying court orders post-divorce
- Appealing family court or civil court decisions
We manage your family law matters with the necessary foresight and attention to detail, ensuring your unique circumstances are carefully considered, your rights as a spouse and parent are safeguarded, and your marital assets are fairly divided. We conduct thorough discovery tailored to your case’s needs and handle complex financial matters like business division, pensions, stocks, and real estate.
Helpful and supportive
Debra and team were so helpful and supportive through the most difficult time in my life. Grateful to the team for their advice – would highly recommend their services to anyone needing a divorce attorney.
Beginning a Dissolution Action in Rancho Mirage
To initiate a divorce, known as “dissolution” in Rancho Mirage, you must have been a California resident for at least six months and a resident of the county where you’re filing for three months. Following the initial filing, California law mandates a six-month waiting period before the court can issue a final judgment of dissolution.
California operates under a “no-fault” divorce system, meaning neither spouse needs to prove fault for the divorce. Factors like infidelity or cruelty aren’t considered grounds for divorce. The court only requires proof of irreconcilable differences for dissolution.
Filing For Dissolution In Rancho Mirage
To start the process, a divorce petition, also called a “petition for dissolution of marriage or registered domestic partnership,” must be filed with the court clerk. These documents are then served on the other party, who has time to respond. If there’s concern about asset transfers, swift filing and serving of the summons and petition may be advised to enforce automatic temporary restraining orders (ATROs) preventing asset transfers.
Once the initial paperwork is submitted, what happens next in a divorce process depends on how the person who receives the divorce papers (referred to as the “respondent”) reacts to them.
However, as far as the court is concerned, whether it’s the person who files for divorce (the “petitioner”) or the other spouse (the “respondent”), they are viewed equally regardless of who initiated the process. A divorce case might proceed as a default, uncontested, or contested action.
Default Proceeding
If the respondent doesn’t respond within the permitted timeframe, the court clerk enters the respondent’s default, and the dissolution proceeds without them.
Uncontested Proceeding
If both parties agree on all issues related to the dissolution, they may enter into a written agreement or marital settlement agreement, which is filed with the court.
Contested Proceeding
If the respondent files a response and issues can’t be resolved, a trial is held where the court decides on all necessary issues for dissolution.
Divorce Options For Greater Palm Springs Area Residents
Once a divorce process begins, either party can ask the court for temporary help. This might include temporary arrangements for child custody and support, spousal support, payment of shared debts, or other temporary relief like moving out or having exclusive use of the marital home.
California’s family laws aim to divide property fairly and provide fair child and spousal support. To achieve this, the Family Code demands that both parties exchange initial and final declarations of their finances and other necessary documents truthfully and accurately.
Our divorce lawyers work diligently to prepare these documents, gather necessary information about our clients’ assets, and carefully review documents from the other party to ensure the court gets an accurate view of the marital property.
Having legal counsel can be beneficial as you navigate the various stages of divorce proceedings. Our firm will make sure your divorce follows California’s legal procedures and meets all rights and obligations.
Delivering Divorce Papers to a Spouse Whose Whereabouts are Unknown in California
When it comes to getting a divorce, the first step is serving the divorce papers directly to the person. As long as you’ve lived in California for at least six months, you can initiate divorce proceedings here, even if your spouse resides in another state. In cases where you can’t locate your spouse and you’ve exhausted all efforts to find their address, you can request the court’s approval to either publish the summons in a widely circulated newspaper or have the court clerk post the summons at the courthouse.
A couple of years back, there was a widely talked-about case from another state that raised an important question. A woman’s husband had been hard to track down ever since they got married in 2009, only maintaining contact through phone and Facebook. She needed to personally serve him divorce papers, but as an NPR article explains, despite her efforts, including hiring a private investigator, she couldn’t find him. How could she serve the papers if she didn’t know where he was? The court came up with a solution. Since the woman had tried everything to locate her husband without success, the judge allowed the divorce summons to be sent via a private message on Facebook instead.
Depending on how the courts interpret the term “publication” in our state, it’s possible that sharing a message and photo of the court summons on Facebook could be seen as a valid way of notifying someone, especially if the court believes the spouse would see it. Whether our state’s judges would agree is uncertain, but this case raises an intriguing legal interpretation and demonstrates a creative use of technology to address family law matters such as divorce.
Elements That Influence Divorce Expenses in Rancho Mirage
While the cost of your dissolution cannot be accurately predicted, consider the following factors:
- Presence of children and agreement on child custody
- Involvement of new legal questions in California
- Pension plan division between parties
- Nature of contested issues
- Number of agreed-upon matters
- Level of cooperation among parties and lawyers
- Incurred litigation expenses like expert witness or court reporter fees
- Attorney’s hourly rate
- Conduct of both you and your spouse
At what point does my divorce become official in Rancho Mirage?
In California, your divorce becomes official on a specific date, known as the effective date. This date occurs at least six months and one day after you’ve been served with the summons and petition. The effective date is then included in the final judgment for dissolution. If you and your spouse agree on the terms of the settlement, including the effective date, it can be included in the paperwork submitted to the court. If there’s no agreement, the court will typically determine 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 indicated by the judgment of dissolution, holds significance 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. Additionally, it establishes rights and responsibilities stemming from your previous marital relationship.
Call Our Rancho Mirage Divorce Attorney Today for a Confidential Consultation
The Schoenberg Family Law Group, P.C., brings over 35 years of expertise to Rancho Mirage, guiding clients through all facets of marital dissolution and legal separation processes. Our aim is to comprehensively explain all aspects of your dissolution, ensuring your rights are safeguarded and the final judgment is both just and equitable.
While couples may negotiate agreements directly, ethical constraints prevent an attorney from representing conflicting interests in disputes. Given the inherent conflict in divorce proceedings, each party requires independent representation.
Understanding the myriad questions, anxieties, and unique concerns you may have, our legal team prioritizes fostering relationships grounded in integrity, trust, and transparent communication. We encourage you to schedule a consultation with one of our seasoned Rancho Mirage divorce attorneys. Reach out to us online or call us at 760.957.8963 to begin the conversation.
