Dedicated Divorce Attorneys in Palm Springs, California
Divorce is a deeply personal and emotionally intense journey. Understanding what’s ahead can help ease some anxiety and provide stability during this uncertain time. While it’s not required to enlist the services of a Palm Springs divorce attorney for a divorce in California, having an experienced legal professional by your side is essential for navigating the complex process of dissolution or legal separation in the state. At Schoenberg Family Law Group, P.C., our team of divorce lawyers has the expertise and insight to handle even the most complex and contentious divorces, aiming for fair resolutions. If you’re seeking legal guidance from a seasoned divorce attorney, don’t hesitate to contact our office today to schedule a consultation with a Palm Springs Divorce Lawyer.
Expert Legal Representation for Divorce and Separation in Palm Springs, CA
Our divorce lawyers in Palm Springs are ready to develop personalized legal plans for your specific circumstances. We’ll lead, settle, discuss, and, if necessary, go to 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. 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 will 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:
- Understanding the role 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.
- 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.
- Help modify court orders after the divorce proceedings have concluded.
- Representing clients in appeals related to family court decisions.
We handle your family’s legal issues with careful planning and close attention to every detail. We 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.
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.
Initiating a Dissolution Proceeding in Palm Springs
If you want to end your marriage, referred to as “dissolution,” you must meet specific residency requirements. You must have lived in California for at least six months and in the specific county where you’re filing for at least three months. After you file the initial paperwork, California law requires a six-month waiting period before the court can finalize the divorce.
California follows a “no-fault” divorce system, which means that neither spouse has to prove that the other is at fault for the marriage breakdown. Things like infidelity or cruelty don’t serve as grounds for divorce. The court simply needs evidence of irreconcilable differences between the spouses for the dissolution to proceed.
Filing for Dissolution in Palm Springs, CA
To begin the divorce process, you’ll need to fill out and file a divorce petition, also known as a “petition for dissolution of marriage or registered domestic partnership,” with the court clerk. Then, these papers are delivered to the other party, who has time to respond. If you’re concerned about your spouse hiding or moving assets, it’s wise to file and serve the summons and petition promptly to enforce automatic temporary restraining orders (ATROs) that prevent such transfers.
After the initial paperwork is filed, what happens next in the divorce journey depends on how the person who receives the divorce papers (referred to as the “respondent”) reacts. However, from the court’s perspective, whether it’s the person initiating the divorce (the “petitioner”) or the other spouse (the “respondent”), they’re seen as equals, regardless of who started the process. A divorce case might proceed as default, uncontested, or contested action.
Default Process
If the person receiving the divorce papers doesn’t reply within the given time, the Petitioner can see a default, and the divorce moves forward without their input.
Agreed Process
If both people agree on the divorce, they can create a written agreement to submit to the court.
Disputed Process
If unresolved issues exist between a divorcing couple, they may go to trial. At the trial, the court decides on all the necessary matters for the divorce.
Divorce Choices Available to Residents in the Greater Palm Springs Area
Once the divorce process starts, either party can request temporary assistance from the court. This 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 and provide equitable child and spousal support fairly. To accomplish this, the Family Code requires both parties to truthfully and accurately exchange initial and final declarations of their finances and other necessary documents.
Our divorce attorneys work diligently to prepare these documents, gather essential information about our client’s assets, and carefully review documents from the other party to ensure the court accurately depicts the marital property.
Legal representation is essential 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.
Divorce and Property Division in California
California is one of the few states in the U.S. where community property laws apply. In the event of a divorce that ends up in court, these laws dictate that all marital assets are split right down the middle, regardless of what seems fair or reasonable to either party. Marital assets encompass anything acquired by either person during the marriage.
Any property one spouse owned exclusively before the marriage is considered separate and is not subject to division, as long as it wasn’t co-mingled with joint assets post-marriage. Likewise, gifts and inheritances received by one spouse during the marriage are also considered separate property. However, assets and debts shared during the marriage, including real estate, vehicles, investments, and businesses, fall under California’s community property division laws.
Our team of divorce attorneys in Palm Springs is here to guide you through property division, safeguarding your hard-earned assets wherever possible. We can work towards settling with your spouse to avoid the courtroom altogether. If you’re planning to marry or are already married, we can assist you in drafting prenuptial or postnuptial agreements to shield your property from California’s community property laws should a divorce occur in the future.
When Does My Divorce Become Official in Palm Springs?
In California, your divorce becomes official on a specific date known as the effective date. This date kicks in at least six months and one day after you’ve been served with the summons and petition. It’s then documented 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 affects 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 Palm Springs Divorce Lawyers for a Consultation Today
When dealing with divorce or any family law issue, it’s crucial to have a trustworthy 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 schedule a confidential consultation with one of our attorneys today. We’ll address your most important legal concerns and devise a strategy for moving forward.
