Daly City Family Law Attorney

Experienced Family Law Attorneys in Daly City, CA

If you need legal assistance with family law matters, the Schoenberg Family Law Group, P.C. is here to help. We understand that these issues are sensitive, stressful, and can feel overwhelming during big life changes. Our dedicated family law attorneys in Daly City will guide you through your options and help you navigate the legal process from beginning to end.

With decades of experience, the team at Schoenberg Family Law Group, P.C. provides skilled and caring counsel on a wide array of family law issues. Whether your case is straightforward or complex, our attorneys use their negotiation and litigation expertise to achieve strategic solutions tailored to your specific needs and goals.

Contact us today for a confidential consultation with a legal professional who is:

1. Compassionate and understanding
2. Experienced and thorough
3. Dedicated to superior client service

Let Our Daly City Family Law Attorneys Assist You

At Schoenberg Family Law Group, P.C., we are committed to relationships based on integrity, open communication, and personalized attention. Our goal is to smooth and streamline your legal process, offering comprehensive support and ensuring you feel well-informed and confident as you make crucial decisions that impact your family’s future.

Our family law services in Daly City include, but are not limited to:

• Prenuptial and postnuptial agreements
• Divorce
• Property division
• Child custody and visitation
• Child support
• Spousal support
• Paternity
• Domestic violence
• Advice on LGBTQ issues, including domestic partnerships and dissolution

Debra R. Schoenberg, Principal, leads our team of seasoned family attorneys. Bringing over 35 years of experience in family law, 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), and also a Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA).

Our firm focuses exclusively on family law, specializing in complex high-asset and high-conflict cases. While we strive for amicable resolutions whenever possible, we are formidable litigators, ready to fight for your interests in court if necessary. Call us today to discuss your family law concerns.

Prenuptial and Postnuptial Agreements in Daly City

A prenuptial agreement is a contract signed before marriage that outlines each party’s rights and responsibilities in the event of a divorce. A typical prenup clarifies each person’s assets, and can also set terms regarding issues such as spousal support. A postnuptial agreement serves a similar function, but is signed after marriage.

Although each pre- or postnuptial agreement is unique—customized for the specific couple—they are governed by strict legal requirements. When drafting a pre- or postnuptial agreement, both parties should work with qualified legal representation to ensure its validity.

Divorce and Dissolution of Marriage in Daly City

Even the most straightforward and amicable separation can quickly escalate into complex and contentious disputes. The Daly City divorce attorneys at Schoenberg Family Law Group, P.C. are dedicated to offering essential legal guidance throughout this potentially tumultuous process, making sure that your needs, concerns, and particular circumstances are thoroughly addressed.

In an uncontested dissolution of marriage, spouses work together to resolve all major divorce-related decisions including dividing assets, debts, and other marital property, without court intervention. This is suitable for couples willing to collaborate and share information freely.

To proceed with a dissolution, spouses must agree on the following matters without requiring court involvement:

• Division of assets and debts
• Spousal support
• Child custody and visitation
• Child support
• Attorney fees

You can streamline your divorce process by resolving as many issues as possible before appearing before a judge. A skilled family lawyer can help you negotiate strategically and effectively.

California follows a no-fault divorce system, meaning neither spouse needs to provide specific grounds. If one or both partners wish to end the marriage, a divorce can be granted due to an irreparable breakdown of the marriage, also known as irreconcilable differences.

There are residency requirements for filing a divorce in California. One spouse must have been a resident of the state for at least six months and must have lived in the county where the petition is filed for at least three months.

A mandatory six-month waiting period is required before finalizing any divorce.

Property Division in Daly City

In a Daly City divorce, property division is governed by California’s community property laws. This means that, with few exceptions, the court will divide marital assets and debts equally between the parties, unless a valid prenuptial or postnuptial agreement dictates otherwise.

Separate property, such as assets owned before the marriage, or acquired through gift or inheritance, is not subject to division. This includes items bought with separate property, earnings from separate property, and increases in the value of separate property. Complex valuations may be required.

Although community property laws are simple in theory, in practice, property division can be challenging and contentious, especially when it involves business ownership or significant assets. It is essential to work with an experienced family law attorney.

Child Custody and Visitation in Daly City, CA

California, including Daly City, recognizes two types of child custody:

1. Legal – Who makes decisions about the child’s upbringing
2. Physical – With whom the child resides

If the divorcing parents can work together to reach their own arrangements, they can ask the court to approve their agreement. It is important to have the guidance of a knowledgeable family attorney when devising a parenting plan.

If the parents cannot reach an agreement, the court will decide custody and visitation. In making custody decisions, the court must always prioritize the best interests of the child above all. Key factors in determining best interests include:

• Each parent’s ability to provide care
• Parent-child relationships
• Child’s connection to school and community
• Mental health and stability of each parent
• Any history of domestic violence, substance abuse, or criminal convictions
• Child abuse or neglect issues
• The child’s age and health
• The child’s preferences, if the child is at least fourteen years old

At Schoenberg Family Law Group, P.C., our skilled and caring team of family law attorneys understand that child custody disputes are delicate and emotional, and that the decisions will profoundly impact your family for a long time. We excel at helping our clients negotiate the terms of a parenting plan that centers on the wellbeing of your child and protects your rights.

Child Support in Daly City

In Daly City, California, child support is determined using specific guidelines and a set mathematical formula. Key factors include:

• Each parent’s income – if a parent is voluntarily un- or under-employed the court may impute reasonable income
• Percentage of custody – the amount of time the child spends with each parent
• The number of children

In addition to basic child support, parents are typically responsible for sharing the cost of childcare related to employment and unreimbursed healthcare expenses. These guidelines apply in cases of divorce, separation, paternity, and domestic partnerships, though deviations may be allowed under certain circumstances.

Parentage in Daly City

Parentage can be a sensitive topic, but it is crucial in custody and support decisions, as well as for a child to receive any potential benefits or inheritance. Parentage can be established voluntarily or through a paternity action.

Under California law:

• A child born during a marriage is presumed to be the offspring of the marriage.
• A person living with the mother in a family-like environment and demonstrating a commitment to the child may be presumed to be the parent.
• The court does not assume that an unmarried father is the biological parent even if his name is on the birth certificate.
• Highly accurate DNA testing makes the process of determining paternity relatively straightforward. Once parentage is established, the father assumes financial responsibility for the child and gains rights to seek custody and visitation.

Our Daly City family law attorneys can help with matters pertaining to legal parentage.

Contact a Skilled Daly City Family Law Attorney

Our experienced and empathetic team of Daly City family law lawyers are ready to help you navigate even your most challenging family law matters. We are committed to supporting you throughout the legal process, and helping you achieve the best possible outcomes, whether through litigation or alternative dispute resolution.

At Schoenberg Family Law Group, P.C., we know that family law matters are deeply personal and every case is unique. We provide the customized attention, open communication, and strategic guidance you need to feel confident and well-informed as you make difficult decisions that shape your future and that of your children. Contact us today to discuss your case with one of our seasoned attorneys.