Orinda Family Law Attorney

Experienced Family Law Attorneys in Orinda, CA

At Schoenberg Family Law Group, P.C., we recognize that family law issues can quickly become emotionally and logistically overwhelming. We are here to help protect your current and future interests. You deserve the expertise, guidance, and care of our veteran family law professionals to keep you well informed and educated throughout your case.

Let a dedicated and experienced Orinda family law attorney work to achieve the best outcome for your case, whether through negotiation, mediation, or litigation. Contact Schoenberg Family Law Group, P.C., to discuss any family law matters, including but not limited to:

• Divorce
• Property Division
• Mediation
• Paternity
• Child Custody
• Child Support
• Child Support Modifications

Debra R. Schoenberg leads our renowned team. Debra holds the title of Certified Family Law Specialist, and has over 35 years of education, training, and experience in the field of family law. 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). Contact our office today to experience our commitment to providing excellent client service.

The Orinda family lawyers at Schoenberg Family Law Group, P.C., are dedicated to achieving your specific goals and exceeding your expectations. Clients choose us for our unwavering commitment to their needs, decades of experience in family law, Certified Family Law Specialists, and effective advocacy both in and out of court.

Divorce in Orinda, CA

California is a “no-fault” divorce state, meaning that spouses filing for divorce in Orinda do so due to “irreconcilable differences,” or an inability to get along, without attributing blame or wrongdoing to either party.

It is important to know that there is a mandatory six-month waiting period before the court will finalize a California divorce. During this time, neither party may remarry.

To obtain a divorce in California, at least one spouse must have lived in the state for the past six months and the county where the divorce is filed for the previous three months. If both spouses have lived in California for at least six months but in different counties for the past three months, the divorce can be filed in either county.

For same-sex couples, if they married in California but now live in a state that does not recognize same-sex marriage, they can file for divorce in the California county where they were married.

Property Division

California is one of only a few community property states in the U.S.

Under this law, when an Orinda divorce case goes to trial, all assets, property, and debts acquired during the marriage are considered the equal property of both spouses and will be divided 50/50 between both parties, regardless of which spouse earned more or accumulated more debt during the marriage.

It is crucial to work with an attorney to negotiate a property division settlement with your spouse during the divorce process.

Drafting your own property division agreement for judicial approval can help protect your interests. For instance, you might negotiate to exchange assets that you prefer or to have your ex take on a larger share of the community debt in return for keeping the family home. An attorney from Schoenberg Family Law Group, P.C. can guide you through mediation and alternative dispute resolution methods to help you achieve a favorable property division settlement.

Mediation

Mediation is a non-binding process aimed at helping two parties in a dispute reach a compromise. In divorce mediation, the goal is to resolve the terms of the divorce settlement to avoid a costly legal battle. An impartial third party, known as a mediator, oversees the process, helps resolve conflicts, and guides the couple toward an agreement.

Mediation can be conducted in a formal or informal manner, depending on the preferences of the parties involved. The mediator begins the session with introductions and then allows each party (or their attorneys) to make opening statements that outline their perspectives. Following this, the parties are usually separated into different rooms. The mediator then meets with each party individually to work towards a resolution. If mediation does not result in a settlement, the parties can either attempt mediation again or proceed to trial.

Although the mediation process itself is non-binding, a mediated agreement is binding once signed by the parties. It is important to have a knowledgeable family lawyer working on your behalf in the process.

Paternity in California

While children born during a marriage are automatically presumed to be the biological offspring of the marriage, unmarried fathers are not presumed to be the fathers of their children, even if their name is on the birth certificate. As a result, unmarried fathers must establish parentage or paternity to confirm their legal relationship with their child.

To establish parentage, a parent can either voluntarily sign a declaration affirming their biological connection to the child or have the court make a determination as part of a parentage case. Modern DNA testing makes establishing paternity fairly straightforward and highly accurate. Once parentage is established, the parent assumes all associated rights and responsibilities, including custody, visitation, and financial support.

A court must officially establish parentage to order and enforce child support payments. Additionally, a court order allows an unmarried father to seek legal rights to custody and visitation.

Child Custody in California

The court must base child custody decisions on the best interests of the child. The court also evaluates best interests based on several additional factors:

• The child’s best interests
• The income and earning potential of each spouse
• Contributions each spouse made to the marriage
• Sacrifices made by one spouse for family care, if applicable
• California’s property division laws
• The mental health and stability of each parent
• Any history of domestic violence or substance abuse
• Child abuse or neglect issues
• Criminal convictions
• The parent-child relationship
• The child’s age and health
• The child’s preferences, if mature enough
• Each parent’s ability to provide care
• The child’s ties to school and the community

There are two types of child custody: physical custody and legal custody. Legal custody involves decisions regarding the child’s healthcare, education, and religious upbringing, while physical custody refers to the child’s primary residence. Talk to one of our Orinda family law attorneys to help clarify these distinctions and discuss the particulars of your case.

California courts do not favor either parent based on gender when awarding custody. Decisions are made without regard to marital status, physical disability, lifestyle, sexual orientation, or religion.

Child Support in Orinda, CA

Parents are required to provide financial support for their children until they turn 18 or graduate from high school, whichever is later.

The goal of child support is to ensure that a child’s lifestyle remains as stable as possible following a divorce. Child support covers various needs, including:

• Food
• Shelter
• Clothing
• School expenses

Child support payments are typically made monthly through wage assignment (sent directly to recipient from payer’s employer) unless the parents agree on a direct payment. Wage assignments may be managed by the state to streamline administration and tracking, reducing the need for direct parental contact. In addition to child support, parents also share the cost of childcare incident to employment and non-reimbursed medical expenses.

Child Support Modification

In California, a child support court order generally remains in effect once it is issued or approved by a judge, continuing until the child turns 18 or graduates from high school, whichever is later. However, the courts may approve modifications to the child support amount under certain circumstances, provided there is evidence of a significant change in a parent’s situation.

Reasons for modifying a child support order may include:

• Job loss or demotion
• Obtaining a higher-paying job
• New health care or childcare expenses
• The birth of a new child
• A significant change in the time each parent spends with the child
• One parent being incarcerated
• Other factors that affect how child support is calculated

Parents cannot alter the amount of child support payments or stop payments without court approval. Failure to pay child support can result in being held in contempt of court. Private agreements without court approval are risky, as the paying parent remains legally obligated to provide the full amount. The recipient could potentially take the paying parent to court to recover missed or reduced payments, along with interest and penalties.

Schedule Your Consultation With A Orinda Family Law Attorney Today

At Schoenberg Family Law Group, P.C., our team of skilled and dedicated attorneys is committed to achieving favorable outcomes in all family law matters. Our experienced Orinda Family Law Attorneys understands the challenges, complexities, and emotional burden that accompany family law cases.

We are dedicated to providing you with the knowledge, clear communication, personalized attention, and unwavering commitment you deserve. We will work tirelessly to secure the best possible results for you.

Contact us by phone or online to schedule a confidential consultation with one of our attorneys today.