in a statewide poll limited to Judges, Attorneys, and Law Firm Administrators.
Request a Consultation
At Schoenberg Family Law Group, P.C., our attorneys are dedicated to assisting you through the complexities of a failed marriage and alleviating concerns about your future. Whether your priorities involve ensuring the well-being of your children, securing a fair financial settlement, or navigating the divorce process smoothly, our Fremont divorce attorney is prepared to assist you.
With extensive experience in all aspects of divorce, we can confidently represent you in areas such as:
We 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 both 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 divorce goals. Let us advocate for your best interests and vigorously protect your valuable assets.
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 Specialist 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 specialize exclusively in family law cases. With our extensive experience in this area, our divorce attorneys are adept at resolving intricate and sensitive issues that arise during divorces in Fremont, which can profoundly impact you and your family.
As trial lawyers, we are ready to tackle any challenge. Our team has significant experience litigating divorce cases characterized by high conflict, substantial assets, and high stakes across California. We will work tirelessly to pursue your case objectives while minimizing associated stress as much as possible.
In California, you don’t need to prove your spouse’s fault to obtain a divorce. The state operates on a no-fault basis, allowing dissolution based on irreconcilable differences or an irreparable breakdown of the marriage. Both parties can end the marriage regardless of the other’s desire to reconcile, and no one is deemed responsible.
Residency requirements apply to divorce proceedings in California. At least one spouse must have lived in California for at least six months before filing the divorce petition. Additionally, the filing spouse must have resided in the county where they file the petition for at least three months before filing. 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 and divorce share similarities, but each has advantages and disadvantages. Both entail dividing property, debts, and assets and arranging child custody and visitation. However, legal separation doesn’t permit remarriage. Opting for legal separation means you’re still legally married despite living separate lives.
Unlike divorce, one benefit of legal separation is the absence of residency requirements. No matter how long you’ve lived in California, you’re eligible for legal separation. Another advantage is retaining certain marriage-related benefits, such as employee or insurance benefits. Additionally, personal reasons, such as religious beliefs opposing divorce or hopes for reconciliation in the future, might lead you to choose legal separation.
While not very common, some couples meet the criteria and opt for an annulment, effectively voiding their marriage. You may pursue an annulment for various reasons, including:
If you’re considering the possibility of annulment and would like to explore it further, one of our attorneys can discuss your situation in detail.
California’s community property laws stand out, especially during divorces. These laws mandate that all assets acquired during a marriage are divided equally between spouses, regardless of personal opinions on fairness. Anything obtained by either party during the marriage is considered marital property.
Assets owned exclusively by one spouse before marriage remain separate and aren’t divided as long as they haven’t been mixed with joint assets during the marriage. Gifts and inheritances received by one spouse during the marriage also remain separate property. However, assets and debts accumulated during the marriage, including real estate, vehicles, investments, and businesses, are subject to California’s property division laws.
Our Fremont divorce attorneys are dedicated to guiding you through the property division process, aiming to protect your assets whenever possible. We strive to negotiate settlements with your spouse to avoid court proceedings. If you’re considering marriage or are already married, we can help draft prenuptial or postnuptial agreements to shield your property from California’s division laws in the event of a future divorce.
In California, your divorce becomes official on a specific date known as the effective date. This date is set at least six months and one day after you’ve been served with the summons and petition. It’s then recorded 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 impacts 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.
When dealing with divorce or any family law issue, it’s crucial to have a reliable 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 construct a strong case that represents your interests and aims to achieve your specific goals.
Book a confidential consultation with one of our attorneys today. We’ll address your most important legal concerns and devise a strategy for moving forward. Contact us today!
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
