Dedicated Divorce Attorneys in Orinda, California
Divorce brings significant challenges and uncertainty for spouses and their children. If you’re considering divorce or getting one, you may be worried about your financial future and parental rights. The experienced Orinda divorce attorneys at Schoenberg Family Law Group, P.C. can help answer your questions and put your mind at ease.
At Schoenberg Family Law Group, P.C., we understand that divorce can affect your family for years. Our goal is to find practical and workable solutions to your concerns. Our focus is on:
- Treating clients as individuals, not cases
- Maintaining honest and open communication
- Providing creative problem-solving that benefits our clients
Contact our office in Orinda today to schedule a confidential consultation with a divorce professional. We will listen to your concerns, explain your legal options, and start working towards your divorce goals immediately.
How Our Orinda Divorce Attorney Can Help You
At Schoenberg Family Law Group, P.C., we are dedicated to providing comprehensive legal services to help you navigate the complexities of divorce. It’s crucial to make informed decisions and build a secure future post-divorce.
Our attorneys will be your legal allies and advocates, offering the following services:
- Carefully analyzing your situation
- Identifying and clarifying your legal issues
- Creating customized solutions
- Negotiating with your spouse or their attorney to reach a fair agreement
- Preparing for trial, including gathering evidence
- Presenting your case effectively in court
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). Let Schoenberg Family Law Group, P.C. guide and represent you through your divorce. Schedule a consultation at our Orinda office today.
Grounds for a Divorce in Orinda
California is a no-fault divorce state, meaning a divorce can be granted for “irreconcilable differences” or an irreparable breakdown of the marriage without placing blame on either spouse.
In California, only one spouse needs to want the divorce to proceed. If the spouse filing for divorce (the petitioner) serves the other spouse (the respondent) with divorce papers but doesn’t respond, the divorce can still move forward. To file for divorce in California, at least one spouse must have been a state resident for six months before filing the petition. The petition must be filed in the county where the filing spouse has lived for at least three months.
Even if both spouses agree on the divorce, it takes at least six months for the divorce to be finalized in California. The process can take a year or more for cases involving more complex issues requiring court intervention.
Before a divorce can be finalized, several issues need to be resolved, including:
- Property division
- Child custody and visitation
- Child support
- Spousal support
- Business interests
Contested vs Uncontested Divorce in Orinda
In Orinda, divorces typically fall into two categories: contested or uncontested. The distinction lies in whether you and your spouse can collaborate on defining the terms of your divorce. You’ll have an uncontested divorce if you can agree on every aspect of your divorce – from significant issues to the most minor details. Otherwise, your divorce will be contested.
In an uncontested divorce, you and your spouse maintain control over the decisions in your case. You can settle matters like child custody, child support, visitation, and property division. If you can compromise on these matters, a judge in Contra Costa County will approve the settlement you’ve reached without needing a trial. Opting for an uncontested divorce can save you time and money by keeping you out of the courtroom and maintaining greater privacy and confidentiality.
However, you’ll have a contested case if you and your spouse can’t agree on the divorce terms. In this scenario, you’ll need to appear before a judge in Contra Costa County, who will decide the terms of the dissolution for you, which means the final decisions will be beyond your control. It’s important not to succumb to pressure from your spouse to accept their terms. Instead, seek legal representation to negotiate while safeguarding your rights.
Division Of Property During an Orinda Divorce
In California, property is classified as either separate or community property. Anything acquired after marriage is considered community property, owned jointly and subject to equal division. However, property obtained before marriage, after a legal separation, or through inheritance or gifts is deemed separate property.
Community property encompasses:
- Income earned during the marriage, such as salaries, interest, dividends, capital gains, and retirement funds;
- All real estate and personal belongings acquired during the marriage using marital income;
- Any debts incurred throughout the marriage.
In an uncontested divorce, spouses may agree on a different division of property. However, if they can’t reach an agreement and the case proceeds to trial, California’s community property law mandates an equal split of all marital assets and debts, with a 50/50 division, regardless of fairness to either party.
Contact an Experienced Orinda Divorce Attorney Today
If you’re looking for a trustworthy Orinda divorce lawyer who will offer sincere advice and expert assistance, reach out to Schoenberg Family Law Group, P.C. We genuinely care about your situation and will support you through this challenging period. To learn more about how Schoenberg Family Law Group, P.C. can assist you, contact one of our attorneys in Orinda today to arrange a meeting.
