Dedicated Divorce Attorneys Helping Clients in Atherton, California
With extensive experience in all facets of divorce, we can confidently represent you in areas such as:
- Legal separation
- Visitation and parenting time
- Child custody and support
- Division of marital property, debts, and assets
- Spousal support
Our family law lawyers handle your family’s legal matters with thorough planning and close attention to detail. We anticipate your future needs and customize our approach to fit your specific situation, ensuring that your rights as a spouse and a parent are protected while aiming for a fair division of marital assets. Our process involves conducting comprehensive research tailored to your case, addressing intricate financial matters such as dividing businesses, pensions, stocks, and real estate. At Schoenberg Family Law Group, P.C., we’ll empower you to make informed decisions that align with your most crucial divorce goals. Let us advocate for your best interests and vigorously protect your valuable assets.
Why Clients Choose Us for Divorce Representation in Atherton
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).
We focus solely on family law matters. With our considerable experience in this field, our divorce attorneys excel at resolving complex and delicate issues that arise during Atherton divorces, impacting you and your family profoundly.
As trial lawyers, we are prepared to handle any obstacle. Our team has substantial experience litigating divorce cases involving high conflict, significant assets, and high stakes throughout California. We will work tirelessly to pursue your case goals while aiming to reduce associated stress as much as possible.
Reasons for Divorce in Atherton, California
In California, you don’t have to prove your spouse’s fault to get a divorce. It’s a no-fault divorce state, allowing dissolution based on irreconcilable differences or an irreparable marriage breakdown. Neither party is considered responsible, and either can end the marriage regardless of the other’s desire to reconcile.
Residency requirements are necessary for divorce proceedings in California. One spouse must have resided in California for at least six months before filing the divorce petition. Additionally, the filing spouse must have lived in the county where they plan to file the petition for at least three months before filing. Furthermore, after filing and serving the divorce petition to the other spouse, there’s a mandatory six-month waiting period before the court can finalize the divorce.
Legal Separation in Atherton
Legal separation and divorce are similar in some ways, but each has pros and cons. Both involve dividing property, debts, and assets and making arrangements for child custody and visitation. However, with legal separation, parties can’t remarry. Choosing legal separation means you’re still married in the eyes of the law, even though you and your spouse live separate lives.
One advantage of legal separation is that there are no residency requirements, unlike with divorce. No matter how long you’ve lived in California, you can still pursue legal separation. Another benefit is keeping certain marriage-related benefits, such as employee or insurance benefits. Additionally, personal reasons like religious beliefs against divorce or a desire for possible reconciliation in the future might lead you to opt for legal separation.
Annulments in Atherton
Although not very common, some couples meet the criteria and choose to pursue an annulment, effectively invalidating their marriage.
You may seek an annulment for the following reasons:
- Incest
- Bigamy
- Lack of informed consent to the marriage
- Unsound mind
- Fraud
- Force, except if the forced party subsequently lived with the other as a spouse by choice
- Physical incapacity of either party at the time of marriage, if the incapacity appears incurable
If you’re considering the possibility of annulment and would like to explore it further, one of our attorneys can meet with you to discuss your situation in detail.
Divorce and Property Division in California
California has distinct community property laws that apply during a divorce. These laws dictate that all marital assets are split equally between spouses, regardless of what each person considers fair. Marital assets encompass anything acquired by either party during the marriage.
Property that one spouse solely owned before the marriage remains separate and is not divided as long as it hasn’t been mixed with joint assets during the marriage. Similarly, gifts and inheritances received by one spouse during the marriage are also seen as separate property. However, assets and debts accrued during the marriage, such as real estate, vehicles, investments, and businesses, are subject to California’s property division laws.
Our team of divorce attorneys in Atherton is committed to guiding you through the property division process, striving to protect your assets whenever possible. We can work to negotiate a settlement with your spouse to avoid court proceedings altogether. If you’re contemplating marriage or are already married, we can assist you in drafting prenuptial or postnuptial agreements to safeguard your property from California’s division laws in case of a future divorce.
When Does My Divorce Become Official in Atherton, CA
In California, your divorce is considered official on a specific date called the effective date. This date is at least six months and one day after you’ve received 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 typically 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, holds importance 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. Additionally, it establishes rights and responsibilities stemming from your previous marital relationship.
Contact our Atherton Divorce Attorney for a Consultation Today
When navigating divorce or any family law matter, it’s essential to have a trustworthy attorney who can thoroughly present all aspects of your case and consider all possible options. At Schoenberg Family Law Group, P.C., our team is here to assist and support you throughout your divorce journey. We’ll work hard to build a solid case that reflects your objectives and priorities.
Schedule a confidential consultation with one of our attorneys today. We’ll address your most pressing legal concerns and develop a strategy for your future. Contact us!
