Dedicated Family Law Lawyers Serving Hillsborough, CA
Whether you’re seeking guidance in creating a prenuptial agreement or going through a painful, complicated divorce, it’s not uncommon to require the expertise of a Hillsborough family law attorney. With over three decades of dedicated service, Schoenberg Family Law Group, P.C. is ready to support you, regardless of the challenges involved in your case.
Our firm’s experienced team of family law attorneys in Hillsborough is equipped to handle all facets of family law, including prenuptial agreements, divorce, adoption, and parentage matters. Contact our office today, either by phone or online, to connect with attorneys who are:
- Practical and knowledgeable advisors;
- Compassionate and empathetic listeners; and
- Strategic negotiators and seasoned courtroom litigators.
How Our Hillsborough Family Law Attorneys Can Assist You
The dedicated Hillsborough family law lawyers at Schoenberg Family Law Group, P.C. can guide you through every step in your family-related legal matters. We are committed to helping you achieve your family law goals and strive to exceed your expectations by:
- Preparing and drafting all necessary legal documents;
- Acting as skilled negotiators to resolve disputes amicably and avoid court whenever possible;
- Collaborating with you to establish practical and fair child custody arrangements;
- Accurately determining state child support payments; and
- Representing you in court, including trials, when necessary.
Lead attorney, Debra R. Schoenberg, principal at Schoenberg Family Law Group, P.C., is certified in Family Law by the State Bar of California Board of Legal Specialization, and has over 35 years of experience, education, and training in her 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 pride ourselves on more than three decades of unwavering commitment to our clients and proven success in helping families resolve difficult family law issues. Contact us today for a consultation.
Explaining Family Law
Family law is an area of state civil law that addresses various family-related matters, including marriage, divorce, pre- and post-nuptial agreements, child custody, paternity, and domestic violence. Due to the intricate nature of California’s family law framework, it is advisable to seek the assistance of an experienced attorney when you have a family law issue.
Marriage Regulations in Hillsborough
In Hillsborough, couples must fulfill certain legal criteria to enter into marriage. Both parties must voluntarily agree to the marriage, fully understanding its implications. Furthermore, individuals must be at least eighteen years old, or possess parental consent if younger, and must be mentally competent.
Couples are required to secure a marriage license within ninety days prior to their wedding and must file a signed marriage certificate within ten days after the ceremony.
Prenuptial Agreements in Hillsborough
Although the subject of a prenuptial agreement can be sensitive to broach, many couples determine that it’s a practical and prudent step in preparing for marriage. A prenuptial agreement is a legal document that couples create before marriage, detailing property rights and obligations during the marriage and in the event of divorce. For a prenuptial agreement to be recognized in California, it must comply with specific legal criteria.
All prenuptial agreements in California must:
- Be documented in writing;
- Be signed by both individuals;
- Be entered into voluntarily, with both parties fully aware of the agreement’s provisions;
- Avoid terms that are unfair or excessively biased; and
- In certain situations, include a mandatory reflection period.
These requirements help ensure that prenuptial agreements are equitable and can be upheld in court.
At Schoenberg Family Law Group, P.C., we believe that prenuptial agreements are sensible and wise, and that the process can be positive for your relationship. We aim to help you balance preparation for a lasting marriage with a roadmap for the unexpected, and provide expert guidance through the process.
Divorce in Hillsborough
To initiate a divorce in Hillsborough, California, at least one spouse must have resided in the state for a minimum of six months, and lived for at least three months in the county where the divorce is being filed. California mandates a waiting period of six months before a divorce can be officially finalized.
California is a community property state, which means that all assets and liabilities accumulated during the marriage (with certain exceptions) must be divided equally between the spouses. The court will supervise this division to guarantee a fair and just allocation.
Child and Spousal Support in Hillsborough
Child and spousal support involve financial payments to help support shared children or a lower-income spouse. These two types of support are calculated differently.
In California, child support is determined using a specific formula that considers:
- The number of children
- The combined total income of both parents
- The percentage of parenting time
For spousal support, there is no set formula. Instead, California courts consider various factors, such as the earning capacity, health, and age of each spouse, the length of the marriage, and the potential for a spouse to become self-supporting with additional education or training.
Sometimes, the court may consider future or potential income when making support decisions. For instance, if a person appears to be minimizing their income to avoid paying support, the court may “impute” income to them, attributing a higher earning potential than what they currently make.
However, courts generally do not force someone to leave their current job for a higher-paying one, even if they have a greater earning capacity. The court may impute income if it determines that a person is voluntarily underemployed or unemployed without a good reason.
In cases where one spouse believes the other is deliberately lowering their income, they can present evidence to the court, such as expert testimony or a vocational examination, to argue that income should be imputed. It is advisable to seek the assistance of a skilled attorney when gathering the necessary evidence to support this claim.
Get in Touch with a Skilled Family Law Lawyer in Hillsborough
For assistance with any family law matters, reach out to Schoenberg Family Law Group, P.C. Our knowledgeable team of family law attorneys in Hillsborough are ready to answer your questions and help you understand your legal options. Contact us today to schedule your consultation.