Dedicated Divorce Attorneys in Woodside, California
At Schoenberg Family Law Group, P.C., our divorce attorneys have the expertise and understanding to handle even the most complicated and contentious divorces, aiming for fair resolutions. If you’re seeking legal assistance from an experienced divorce lawyer, contact our office today to schedule a consultation with a Woodside divorce attorney.
Expert Legal Representation for Divorce and Separation in Woodside, CA
Our Woodside divorce attorneys are ready to develop personalized legal plans for your circumstances. We’ll lead, negotiate, and if necessary, represent you in court based on your needs. We’re skilled at negotiating during difficult times. We’re diligent in examining all facets of your shared assets and experienced in putting your children’s welfare first during the legal proceedings. 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 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’ll assist you through starting a divorce or seeking a legal separation in California, ensuring you comprehend each step and can make well-informed decisions.
Our attorneys are well-versed in various divorce situations, including:
- Explaining the importance of mediation, even in complex divorces characterized by high conflict.
- Handling temporary orders encompassing custody arrangements, financial support, and property matters.
- Resolving disputes related to property division, including those concerning community property.
- Addressing issues regarding custody, visitation schedules, and child support obligations.
- Providing legal counsel on alimony for married couples and pursuing legal actions for unmarried couples.
- Assisting with LGBTQ+ matters such as same-sex marriage and domestic partnerships.
- Drafting and litigating prenuptial and postnuptial agreements.
- Assisting in obtaining domestic violence restraining orders for those in need.
- Helping modify court orders after the divorce proceedings had concluded.
- Representing clients in appeals related to family court decisions.
We handle your family’s legal matters with careful planning and close attention to every detail. We think ahead and consider your specific situation, protecting your rights as a partner and parent and ensuring a fair division of marital assets. Our approach involves a thorough investigation customized to your case requirements, dealing with intricate financial matters such as dividing businesses, pensions, stocks, and real estate.
Starting the Divorce Process in Woodside
If you’re thinking about ending your marriage, which is termed “dissolution,” you must satisfy specific residency requirements. You must have resided in California for at least six months and in the particular county where you’re filing for at least three months. After you’ve filed the initial paperwork, California law requires a six-month waiting period before the court can finalize the divorce.
California operates on a “no-fault” divorce system, which means neither spouse needs to prove that the other is responsible for the breakdown of the marriage. Factors like infidelity or cruelty aren’t considered valid grounds for divorce. A judge needs to establish that the spouses are unable to reconcile to grant a divorce based on irreconcilable differences.
Submitting a Petition for Divorce in Woodside, CA
To initiate the divorce proceedings, you’ll need to fill out and submit a divorce petition, also referred to as a “petition for dissolution of marriage or registered domestic partnership,” to the court clerk. These papers are then delivered to the other party, who has a period to respond. If there’s concern about assets being moved, it’s advisable to promptly file and serve the summons and petition to enforce automatic temporary restraining orders (ATROs) preventing such actions.
Once the initial paperwork is filed, what happens next in the divorce process depends on how the recipient of the divorce papers, known as the “respondent,” reacts. However, from the court’s perspective, whether it’s the individual initiating the divorce (the “petitioner”) or the other spouse (the “respondent”), they’re considered equals, regardless of who started the process. A divorce case may proceed as default, uncontested, or contested action.
Default Process
If the recipient of the divorce papers doesn’t reply within the given timeframe, the court clerk records their absence, and the divorce moves forward without their participation.
Agreed Process
If both parties in the divorce agree on all aspects, they can create a written agreement and submit it to the court.
Disputed Process
If the recipient of the divorce papers responds and there are unresolved issues, a trial is held. During the trial, the court addresses all relevant matters for the divorce and makes decisions accordingly.
Options for Divorce in Woodside, California
Once the divorce process is underway, either party involved can request temporary assistance from the court, which might include temporary arrangements for child custody and support, spousal support, payment of shared debts, or other temporary relief such as moving out or having exclusive use of the marital home.
California’s family laws aim to divide property fairly and provide equitable child and spousal support. To accomplish this, the Family Code requires both parties to truthfully exchange initial and final declarations of their finances and other necessary documents.
Our divorce attorneys meticulously prepare these documents, gather essential information about our clients’ assets, and carefully review documents from the opposing party to ensure the court accurately depicts the marital property.
Legal representation can be advantageous as you navigate the various stages of divorce proceedings. Our firm will ensure your divorce adheres to California’s legal procedures and fulfills all rights and obligations.
When Does My Divorce Become Official in Woodside?
In California, your divorce becomes official on a specific date called the effective date. This date occurs at least six months and one day after you’ve been served with the summons and petition. It’s then noted 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 decides 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 essential for several reasons. It affects 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.
Contact our Woodside Divorce Attorneys for a Consultation Today
When dealing with divorce or any family law issue, it’s crucial to have a trustworthy Woodside divorce 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 build a strong case that represents your interests and aims to achieve your specific goals. Contact us to book a confidential consultation with one of our attorneys today. We’ll address your most pressing legal concerns and devise a strategy for moving forward.
