Compassionate Divorce Lawyers Serving Danville, CA
At Schoenberg Family Law Group, P.C., our attorneys understand the challenges of a broken marriage and your concerns for your future. Whether you focus on protecting your children, achieving a fair financial outcome, or navigating the divorce process efficiently, our Danville divorce attorney is here.
We are experienced in all areas of divorce and can confidently represent you in the following:
- Legal separation
- Visitation and parenting time
- Child custody and support
- Division of marital property, debts, and assets
- Spousal support
Schoenberg Family Law Group, P.C. will assist you in making practical, well-informed decisions to achieve your most essential divorce goals. Let us serve your best interests and aggressively defend your most valuable assets.
Why Clients Choose Us for Divorce Representation in Danville
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 exclusively practice family law. With years of experience in this field, our divorce attorneys know how to resolve complex and sensitive issues during a Danville divorce case that can impact you and your family.
We are trial lawyers ready to take on any challenge. We have extensive experience litigating high-conflict, high-asset, and high-stakes divorce cases throughout California. We will pursue your case goals while minimizing related stress.
Grounds for Divorce in Danville, California
You do not have to prove that your spouse is at fault to obtain a divorce in California. As a no-fault divorce state, California allows for divorce due to irreconcilable differences or an irrevocable breakdown of the marriage. Neither party is considered at fault, and either spouse can end the marriage regardless of the other spouse’s desire to stay together.
There are residency requirements to obtain a divorce in California. One spouse must reside in California for at least six months before filing the divorce petition, and that spouse must also live in the county where they file the divorce petition for at least three months before filing. Additionally, after filing and serving a divorce petition on the other spouse, there is a minimum six-month waiting period before the court can finalize the divorce.
Legal Separation in Danville
Legal separation and divorce are similar, but each has its own unique pros and cons. Both require property, debt, asset division, child custody, and visitation plans. However, an order for legal separation does not allow the parties to remarry. If you choose legal separation, you are still technically married to your spouse in the eyes of the law. Other than remarrying, you and your spouse can live separate lives.
The advantage of a legal separation is that there are no residency requirements. You can legally separate, no matter how long you’ve lived in California. Another advantage is that you may be able to retain benefits connected to your marriage, such as employee or insurance benefits. You may also consider legal separation for personal reasons, such as if your religion doesn’t permit divorce or if there is still a chance for reconciliation in the future.
Summary Dissolution of Marriage
California allows for a summary dissolution when spouses have been married for less than five years, have no children or real estate, and possess limited assets and debts. To pursue a summary dissolution, spouses must create a property and debt agreement and file it along with their joint divorce petition and relevant court documents. Although there is still a six-month waiting period for the divorce decree, a summary dissolution is less complicated and rarely requires an appearance before a judge.
The Divorce Process in Danville, California
Understanding the divorce process can help you and your family be better prepared. While each case is unique, most follow the same basic steps. When spouses do not qualify for a summary dissolution, the divorce process generally proceeds as follows:
- One spouse, the Petitioner, files and serves a divorce petition on the other spouse, the Respondent.
- The Respondent files a Response to the Petition within thirty days.
- The spouses begin the discovery process of exchanging information and documents relevant to the divorce, including a Preliminary Declaration of Disclosure.
- After completing discovery, the spouses and their attorneys discuss a settlement.
- If there is a settlement, one of the attorneys prepares a Marital Settlement Agreement, which is signed by the spouses and their attorneys.
- If there is no agreement on any or all of the issues, the parties go to trial to resolve all outstanding matters.
- After the divorce case, one of the attorneys prepares a Judgment of Dissolution of Marriage.
You don’t have to navigate the process of getting divorced in Danville alone. A lawyer from Schoenberg Family Law Group, P.C. can guide you through your case, protecting your legal rights and interests.
Annulments in Danville
Although rare, some couples qualify for and choose to pursue an annulment, which effectively erases a marriage.
An annulment can be obtained for the following reasons:
- Incest
- Bigamy
- Lack of informed consent to the marriage
- Unsound mind
- Fraud
- Force, unless afterward, the party who was forced into the marriage freely cohabited with the other party as husband and wife
- Either party, at the time of the marriage, was physically incapable of consummating the marriage, and the incapacity appears incurable
If you wish to discuss the option of having your marriage annulled in more detail, one of our attorneys can meet with you and listen to your story.
Mediation in Danville
Mediation is a casual, non-adversarial way to resolve divorce issues such as property division, spousal support, child support, child custody, and visitation. It is a form of alternative dispute resolution, along with arbitration. Spouses meet with a mediator to create a fair and agreeable settlement for all their marital issues.
Property Division and Divorce in California
California is unique because it is one of only a few community property states in the U.S. In a divorce case that goes to court, the state’s community property law will divide a couple’s marital assets equally, 50/50, regardless of whether this is fair or equitable for both parties. Marital assets refer to the assets and property acquired by either person during the marriage.
Property one spouse owned individually before the marriage will be classified as separate property and excluded from division as long as it was not commingled after the marriage. Gifts and inheritances given to one spouse during the marriage are also considered separate property. However, any items, real estate, vehicles, investments, businesses, and other assets (as well as debts) that are shared between the “community” of marriage will be subject to California’s property division law.
Our divorce attorneys in Danville can help you navigate property division and protect your hard-earned assets as much as possible. We can increase the chances of reaching a settlement agreement with your spouse to prevent your case from going to court. If you’re engaged or still married, we can also help you create a prenuptial or postnuptial agreement to protect your property from California’s division laws in case of a future divorce.
Children and Divorce
California requires divorcing parents to attend custody and visitation mediation. The court provides a qualified mediator to help parents create a custody and visitation plan in the best interests of their children. No agreement in mediation is an official court order until the court approves it.
If the parents cannot create their plan for child custody, a judge will decide custody based on the best interest of the child. This decision is made after careful analysis of many aspects of the child’s life, including the fitness of each parent, the child’s connection to their school and community, the child’s relationship with both parents and the child’s wishes (if they are old enough).
In California, both parents are obligated to support their minor children. The incomes of both parties, which parent has custody of the children, and how much time the non-custodial parent spends with the children determine child support. A unique computer formula assists in calculating support for minor children.
Schedule Your Confidential Case Review with Schoenberg Family Law Group, P.C.
When facing divorce or any other family law problem, finding a dependable attorney to present all angles of your case and all of your viable options is essential. At Schoenberg Family Law Group, P.C., our professionals will inform and support you through every step of your divorce. We will build the most compelling case possible for your position and strive to meet your individual goals.
Contact us to schedule a confidential case review with one of our attorneys today. We will answer your most pressing legal questions and help you plan for your future.
