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At Schoenberg Family Law Group, P.C., our divorce attorneys have the expertise and understanding to handle even the most complicated and contentious divorces, aiming for fair resolutions. If you’re seeking legal assistance from an experienced divorce lawyer, contact our office today to schedule a consultation with a Woodside divorce attorney.
Our Woodside divorce attorneys are ready to develop personalized legal plans for your circumstances. We’ll lead, negotiate, and if necessary, represent you in 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, 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 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’ll 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 Woodside family law attorneys are well-versed in various divorce situations, including:
We handle your family’s legal matters with careful planning and close attention to every detail. We think ahead and 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.
If you’re thinking about ending your marriage, which is termed “dissolution,” you must satisfy specific residency requirements. You must have resided in California for at least six months and in the particular county where you’re filing for at least three months. After you’ve filed the initial paperwork, California law requires a six-month waiting period before the court can finalize the divorce.
California operates on a “no-fault” divorce system, which means neither spouse needs to prove that the other is responsible for the breakdown of the marriage. Factors like infidelity or cruelty aren’t considered valid grounds for divorce. A judge needs to establish that the spouses are unable to reconcile to grant a divorce based on irreconcilable differences.
To initiate the divorce proceedings, you’ll need to fill out and submit a divorce petition, also referred to as a “petition for dissolution of marriage or registered domestic partnership,” to the court clerk. These papers are then delivered to the other party, who has a period to respond. If there’s concern about assets being moved, it’s advisable to promptly file and serve the summons and petition to enforce automatic temporary restraining orders (ATROs) preventing such actions.
Once the initial paperwork is filed, what happens next in the divorce process depends on how the recipient of the divorce papers, known as the “respondent,” reacts. However, from the court’s perspective, whether it’s the individual initiating the divorce (the “petitioner”) or the other spouse (the “respondent”), they’re considered equals, regardless of who started the process. A divorce case may proceed as default, uncontested, or contested action.
Default Process
If the recipient of the divorce papers doesn’t reply within the given timeframe, the court clerk records their absence, and the divorce moves forward without their participation.
Agreed Process
If both parties in the divorce agree on all aspects, they can create a written agreement and submit it to the court.
Disputed Process
If the recipient of the divorce papers responds and there are unresolved issues, a trial is held. During the trial, the court addresses all relevant matters for the divorce and makes decisions accordingly.
Once the divorce process is underway, either party involved can request temporary assistance from the court, which 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 fairly and provide equitable child and spousal support. To accomplish this, the Family Code requires both parties to truthfully exchange initial and final declarations of their finances and other necessary documents.
Our divorce attorneys meticulously prepare these documents, gather essential information about our clients’ assets, and carefully review documents from the opposing party to ensure the court accurately depicts the marital property.
Legal representation can be advantageous 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.
In California, your divorce becomes official on a specific date called the effective date. This date occurs at least six months and one day after you’ve been served with the summons and petition. It’s then noted 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 decides 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 essential for several 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.
When dealing with divorce or any family law issue, it’s crucial to have a trustworthy Woodside divorce 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 book a confidential consultation with one of our attorneys today. We’ll address your most pressing legal concerns and devise a strategy for moving forward.
"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