Professional Family Law Attorneys Serving Fremont, CA
Family law cases are deeply personal, often complex and contentious, and typically require a personalized approach and creative solutions to achieve the best outcome. It’s crucial to have an experienced legal team on your side. At Schoenberg Family Law Group, P.C., our Fremont family law attorneys are ready to serve as a thoughtful negotiator or fierce advocate in court, depending on what your case needs. We are committed to protecting your legal, financial, and personal rights now and into the future.
Our knowledgeable legal team offers:
- Consistent support and clear communication throughout your case
- Practical, strategic advice tailored to your family law situation
- A deep understanding of California family law, staying current on all updates
Contact Schoenberg Family Law Group, P.C. today to speak with a qualified attorney about your family law matter. We’ll help you explore your options and develop strategies to resolve your case effectively.
How Our Fremont Family Law Lawyers Can Help
At Schoenberg Family Law Group, P.C., family law is our specialty. This area of civil law deals with a wide range of issues, often related to relationships between family members and loved ones.
An experienced family law attorney from Schoenberg Family Law Group, P.C. can assist you with various issues, including but not limited to:
- Prenuptial and postnuptial agreements
- Divorce
- Same-sex marriage and divorce
- Military divorce
- High-asset and complex divorce
- Property division
- Child custody and visitation
- Child support
- Modifications of orders
- Enforcement of judgments
- Paternity
- Domestic violence
As family law attorneys, we are dedicated to helping you:
- Understand how California law applies to your situation
- Negotiate or litigate your case based on your unique circumstances
- Create a comprehensive, accurate, and enforceable order tailored toyour needs
- Move your case through the family law process as efficiently as possible
Our renowned firm is led by Debra R. Schoenberg, who holds the title of Certified Family Law Specialist from the State Board of Legal Specializations. 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), as well as a frequent lecturer in the field of family law.
Schoenberg Family Law Group, P.C. is highly regarded for three decades of superior client service and excellence in all aspects of family law. We handle many complex, high-conflict, and high-net-worth cases, striving to ease the stress and anxiety that often comes with legal challenges. Contact our Fremont office by phone or online to let our family law attorneys take care of your case.
What Are Prenuptial and Postnuptial Agreements in Fremont?
Prenuptial and postnuptial agreements are legal documents that establish guidelines married couples must follow in the event of a divorce. These agreements primarily address the division of assets and finances. The main difference between the two is that a prenuptial agreement is signed before the marriage, while a postnuptial agreement is signed after the marriage. Although pre- and post-nuptial agreements can be a sensitive topic, many couples ultimately find that the process is positive and provides a very sensible and useful safety net.
It’s crucial to draft these agreements with the help of an attorney, as they must meet specific legal requirements to be enforceable in court. Both agreements need to be entered into voluntarily, signed, notarized, and be transparent and fair to both parties.
Divorce in Fremont
Divorce is just one of the legal ways to end a marriage in California. Couples can also file for legal separation or an annulment. Only one spouse needs to file for a divorce to initiate the process.
California follows a no-fault divorce system, meaning no one has to prove the other party is at fault. A spouse simply needs to declare that the marriage has irreconcilable differences.
To file for divorce in California, one spouse must have lived in the state for at least six months and in the county where the divorce is filed, such as Fremont, for at least three months before submitting the paperwork.
Property Division in Fremont
California is a community property state, which means that marital assets and debts are divided equally between spouses in the event of a divorce. However, not all property is considered marital property. Separate property, as outlined in prenuptial and postnuptial agreements, or property that falls into the following categories, is typically excluded from division:
- Property acquired before the marriage
- Property received as a gift or inheritance
- Royalties, rents, or profits generated from separate property
Spousal Support in Fremont
Spouses can request support both while a divorce is pending and after it is finalized. Temporary spousal support is intended to cover the lower-earning spouse’s living expenses during the divorce process and ends once the divorce is complete.
After the divorce, spousal support may take the form of rehabilitative or permanent support. Rehabilitative support is the most common and is designed to help the lower-earning spouse develop the necessary skills or education to become financially independent.
Permanent spousal support is less common and may be awarded in cases involving long-term marriages, particularly if one spouse is unable to work due to age or health issues.
Child Custody and Visitation in Fremont
In California, child custody is divided into two types: legal custody and physical custody. Legal custody gives a parent the authority to make important decisions about a child’s health, education, and general welfare. Physical custody refers to where the child will live.
Parents can share both legal and physical custody, or one parent may be granted sole legal and physical custody. Joint physical custody doesn’t always mean an equal split of time; it simply means both parents have significant time with the child. If a parent doesn’t have physical custody, they are typically granted visitation rights.
When courts step in to create a custody and visitation order, their primary concern is the best interests of the child. In making this decision, the court considers several factors, including:
- The age of the child
- The child’s health
- The emotional bonds between the child and parents
- Each parent’s ability to care for the child
- Any history of domestic violence or substance abuse
- The child’s connections to their school, home, and community
It’s important to note that courts do not favor either parent based on gender or the child’s age.
Child Support in Fremont
Parents are legally obligated to support their children. In California, child support is generally required until a child turns 18 or graduates from high school, whichever is later.
California uses a set of guidelines to determine child support, based on a formula that takes several factors into account, including:
- The monthly incomes of both parents
- How much time the child spends with each parent
- Health insurance costs for the child
- Any tax deductions the parents are eligible for
- Mandatory payroll deductions
In addition to child support, parents also share the cost of childcare incident to employment and non-reimbursed medical expenses.
Reach Out to a Skilled Family Law Attorney in Fremont
If you need assistance with any family law matter in Fremont, connect with the experienced and compassionate attorneys at Schoenberg Family Law Group, P.C. Our mission is to help you find effective and innovative solutions for even the most complex family law challenges.
At Schoenberg Family Law Group, P.C., we focus solely on family law and are dedicated to achieving the best outcomes for our clients, whether through negotiations, mediation, or courtroom litigation. Our team is here to advocate for you every step of the way.
Contact our Fremont office today to schedule your confidential consultation or reach out to us online now.
