Proficient Divorce Lawyers in Alameda, CA
At Schoenberg Family Law Group, P.C., we understand that divorce matters can quickly escalate into overwhelming emotional battles. We are here to help you take action to ensure your current and future interests are protected. Allow a skilled, dedicated, and hardworking Alameda divorce attorney to maximize your case outcome through negotiation, mediation, or litigation. Contact us to discuss any divorce-related matters, including but not limited to:
- Divorce
- Property division
- Mediation
- Paternity
- Child custody
- Child support
- Child support modifications
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).
Divorce in Alameda, California
California is a “no-fault” divorce state. Spouses filing for divorce in Alameda do so because of “irreconcilable differences” or the inability to get along. In California, the court does not punish or blame either party for any wrongdoing in the marriage.
There is a six-month waiting period before the court will grant a divorce. Until the court issues a final divorce decree, neither party may remarry.
To obtain a divorce in California, one spouse must have lived in California for the past six months and file for divorce in the county where they lived for the previous three months. However, if both spouses have lived in California for at least six months but in different counties for at least three months, they can file in either county.
Property Division
California is one of the few community property states in the country, meaning both parties equally share all assets, property, and debts acquired during the marriage. When a divorce case goes to trial in Alameda, state law mandates that all marital assets and debts be divided equally – a 50/50 split.
Regardless of which spouse earned more money or accumulated more debt during the marriage, California law will allocate 50 percent of the community property to one spouse and 50 percent to the other. It does not consider whether this is equitable (fair) for either party. Therefore, working with an attorney to reach a property division settlement with your spouse during your divorce case is essential.
Creating your property division agreement for a judge to sign can help protect your interests. Your ex may be willing to trade assets you want for others you are not interested in or take on a more significant percentage of the community debt to keep the family home. A lawyer can guide you through mediation to help you reach a property division settlement.
Mediation
Mediation is a non-binding legal process to facilitate a compromise between two parties in a dispute. In divorce mediation, the goal is to work out the terms of a divorce settlement to avoid an expensive legal battle. An unbiased third party, known as a mediator, guides the process, helping the parties to resolve conflicts and reach an agreement.
Mediation can be as formal or informal as the parties wish. The mediator will begin the meeting with introductions, then allow both parties to present each side’s view of the case. The parties then exchange all financial information and the mediator guides the conversation about how to divide the assets and debts.
California Child Custody
Courts make child custody decisions based on the child’s best interests and the custodial parent’s ability to care for the child. Along with these considerations, the court also evaluates:
- The age of the child
- The health of the child
- The emotional ties between each parent and the child
- The ability of the parents to care for the child
- Any history of family violence or substance abuse
- The child’s ties to their school, home, and community
There are two types of child custody: physical custody and legal custody. Legal custody involves decisions about the child’s healthcare, schooling, and religious upbringing, while physical custody refers to where the child lives. Hiring an Alameda Divorce Attorney can help distinguish between these types.
California courts do not favor either parent’s sex when awarding child custody. Custody decisions are not based on marital status, physical disability, lifestyle, sexual orientation, or religion.
Child Support in Alameda, California
Parents are obligated to support their children until they reach the age of 18, become emancipated, or are otherwise self-supporting. The purpose of child support is to ensure that a child’s lifestyle remains stable despite the divorce. Child support covers the child’s needs, including but not limited to:
- Food
- Shelter
- Clothing
- Medical expenses
- School expenses
- Extracurricular activities
Child support payments are typically made monthly through wage assignments unless the parents agree otherwise. Wage assignments can be processed through the state for easier administration and tracking, eliminating the need for direct parental contact.
Child Support Modification
Typically, a child support court order in California is permanent once it is given or signed by a judge. It will continue until the child turns 18, or graduates from high school, whichever is later. However, there are circumstances when the courts will approve a modification in the child support amount after it has been decided. The courts require evidence of a substantial change in the parent’s circumstances before a child support order can be modified.
Some reasons why a child support judgment might need to change include:
- Job termination or demotion
- A new job with higher pay
- New health care or childcare needs
- The birth of a new child
- A significant change in the amount of time one parent spends with the child
- Other changes that affect how child support is calculated
A parent can only stop paying child support or pay a different amount with court approval. Refusing to pay child support can lead to being held in contempt of court. Coming to a private agreement without court approval is risky, as the paying party will still owe the recipient the total amount by law. The recipient could take the paying parent to court and demand back pay for missed or reduced payments, plus interest and penalties.
Schedule Your Consultation with an Alameda Divorce Attorney
Our legal team at Schoenberg Family Law Group, P.C. includes experienced, committed, and dedicated attorneys. We are determined to help you achieve a favorable results in any divorce-related issue. Our firm has professional Alameda Divorce Attorneys who understand the difficulties and confusion that many divorce cases present.
We strive to provide you with the knowledge, communication, attention, and dedication you expect and deserve. We will aggressively fight to achieve successful results for you. Call or contact us online to schedule your confidential consultation with one of our attorneys today.
