Empathetic Family Law Attorneys Serving Alameda, CA
Family law matters can be complex and emotionally challenging. Often arising during significant life transitions, it is not uncommon for these issues to escalate and become extremely contentious. For expert legal guidance and personalized solutions, turn to the experienced and compassionate team at Schoenberg Family Law Group, P.C. Our Alameda family law attorneys will help you explore your options and navigate the legal process to achieve the best possible outcome for your case.
With decades of experience, our firm specializes in a wide range of family law issues, including high-asset and high-conflict cases. No matter the complexity of your case, our attorneys leverage their courtroom and negotiation expertise to craft unique and creative solutions.
Contact Schoenberg Family Law Group, P.C. today to schedule a confidential consultation with a lawyer who is:
- Compassionate, thoughtful, and an excellent communicator
- Knowledgeable, skilled, and thorough
- Committed to achieving your legal goals
Get Assistance from Our Alameda Family Law Attorneys
At Schoenberg Family Law Group, P.C., we build relationships based on trust and open communication; we equip you with the information and confidence you need to make the best decisions for your family. By working closely with you and understanding your unique circumstances, we can offer legal solutions that help you reach your goals.
With over 35 years of experience, our Alameda family law services cover a broad spectrum of issues, including:
- Prenuptial and Postnuptial Agreements
- Divorce
- Child Custody and Visitation
- Child Support
- Domestic Violence
- Property Division
- Spousal Support
Lead attorney, Debra R. Schoenberg, holds the title of Certified Family Law Specialist. She has undergone extensive education and training in the field of family law, and brings more than 35 years of practice experience to Schoenberg Family Law Group, P.C. Debra holds the title of Certified Family Law Specialist from the State Board of Legal Specialization. She is a Fellow of the American Academy of Matrimonial Lawyers (AAML), a Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA), and a frequent lecturer in the field.
Our team is committed to providing superior client service and consistently exceeding your expectations. Contact Schoenberg Family Law Group, P.C. to discuss any family law matter. We are here to assist you.
Prenuptial and Postnuptial Agreements in Alameda
As you prepare for marriage, you might wonder whether a prenuptial agreement is necessary. You may also feel that it is a difficult subject to discuss with your partner.
But a prenuptial agreement can be very practical and wise.
Simply put, it is a contract signed before marriage that outlines property division and each spouse’s rights if the marriage ends. It specifies separate property each party brings into the marriage and may include terms such as a waiver or limitation of spousal support. It provides a roadmap to a smooth and streamlined process if you ever divorce.
A postnuptial agreement is similar, but signed after you get married. Both prenuptial and postnuptial agreements must meet strict legal requirements, so it’s crucial for both parties to have legal counsel throughout the process to ensure the agreement is valid and enforceable.
While not every couple needs a pre- or post-nuptial agreement, these documents can provide clarity, protection, and confidence. At Schoenberg Family Law Group, P.C., we understand the sensitivity of the subject and can help you navigate the conversation and make the right decision for your circumstances.
Divorce in Alameda
Divorce cases in California must be filed with the court, but spouses are encouraged to resolve as many issues as possible before appearing before a judge.
California is a no-fault divorce state, meaning neither spouse needs to cite “grounds” or a specific reason for the divorce. The divorce can be granted due to an irretrievable breakdown of the marriage, commonly known as irreconcilable differences.
To file for divorce in California, at least one spouse must have lived in the state for six months and in the county for at least three months before filing. Additionally, there is a mandatory six-month waiting period before the divorce can be finalized, regardless of the case type or agreement.
Property Division in Alameda, CA
California follows community property laws, meaning that, in general, all marital assets and debts must be divided equally in a divorce unless there is a valid prenuptial or postnuptial agreement specifying otherwise.
Separate property is not subject to division. This includes property owned by one spouse before the marriage, gifts or inheritances received during the marriage, and property purchased with separate assets.
While community property laws seem straightforward, asset division can become complicated, involving accounting, valuation, tax implications, and classification of assets. Asset division can become especially complex in divorces involving family businesses or situations where there is significant commingled property.
Child Custody and Visitation in Alameda
Whenever possible, it is beneficial to make custody and parenting plans collaboratively. When parents cannot agree on custody arrangements, the court will step in and make decisions based on the best interests of the child.
California recognizes both legal and physical custody of children.
When determining custody, the court considers numerous factors relating to the child’s best interests, such as:
- The mental health and stability of each parent
- History of domestic violence or substance abuse
- Criminal convictions
- The parent-child relationship
- The child’s age, health, and preferences
- The parent’s ability to provide care
- The child’s ties to school and community
If the child is 14 or older, the court may consider the child’s preferences if they are mature enough to express a valid opinion.
Custody decisions are complex, sensitive, emotional, and become very heated, making the guidance of an experienced family lawyer crucial. The team at Schoenberg Family Law Group, P.C. understands what you are going through and will advocate for your parental rights and your child’s wellbeing, while conscientiously shielding your child from conflict.
Child Support in Alameda, CA
California calculates child support based on specific guidelines using a detailed formula that takes into account:
- Parents’ incomes
- The amount of time the child spends with each parent
- Number of children
These guidelines apply to divorces, separations, paternity actions, and domestic partnerships. In some cases, deviations from the guideline may be warranted. In addition to child support, parents share the responsibility for childcare and non-reimbursed medical expenses.
Understanding Parentage and Its Legal Implications in California
Establishing parentage ensures that children can access benefits and inheritance. Parentage can be established voluntarily or through a paternity action. In California, parentage is automatically assumed in certain situations:
- If a child is born during a marriage, the spouse is presumed to be the other parent
- If a person living with the mother in a family-like relationship shows commitment to the child, they may also be presumed the parent
Contact an Experienced Alameda Family Law Attorney
The experienced team at Schoenberg Family Law Group, P.C. is ready to address any family law concerns you may have. Whether your case requires litigation or can be resolved through skilled negotiation, our Alameda family law lawyers will provide the personalized attention you deserve.
We know every family is unique, and that family law matters are sensitive and deeply personal. We will guide you through the family law process with great care and laser-focus on your specific needs and goals. Contact us today to schedule your confidential consultation.
