Compassionate Family Law Attorneys in San Ramon, California
At some point in their lives, most Californians will require the assistance of a family law attorney or seek advice on family law matters. If you’re facing a family-related legal matter, Schoenberg Family Law Group, P.C. is here to help. Our team of San Ramon family law attorneys is equipped to handle all aspects of family law, no matter how complex or contentious, including prenuptial agreements, divorce, custody, asset division, and parentage.
Contact our office by phone or online today to speak with attorneys who are:
- Practical and knowledgeable advisors
- Compassionate and empathetic listeners
- Strategic negotiators and experienced courtroom litigators
How Our San Ramon Family Law Attorneys Can Assist You
At Schoenberg Family Law Group, P.C., our family law attorneys support you through every stage of your case. We are dedicated to achieving your family law goals and exceeding your expectations by:
- Preparing and drafting all necessary legal documents, whether standalone or court-related
- Serving as negotiators to resolve disputes outside of court whenever possible
- Assisting you in developing practical child custody arrangements
- Accurately calculating state child support payments
- Representing you in courtroom disputes and trials, as needed
Our firm’s lead attorney, Debra R. Schoenberg earned the title Certified Family Law Specialist from the State Board of Legal Specialization. With over 35 years of experience in the field and extensive education and training, 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 Schoenberg Family Law Group, P.C. for assistance in resolving any family law dispute. With over three decades of proven success for our clients, we are well-equipped to guide you through the family law process.
Understanding Family Law
Family law encompasses a wide range of state civil laws that address issues such as marriage, divorce, property division, child custody, adoption, paternity, domestic violence, and other family-related matters. Given the complexity of California’s family law system, navigating these issues often necessitates the expertise of an experienced attorney.
Marriage Law in San Ramon
To marry in San Ramon, both parties must willingly enter into the marriage and fully understand its nature. They must also be at least eighteen years old, have parental consent if underage, and be of sound mind.
Couples need to obtain a marriage license within ninety days prior to the marriage and return the signed marriage certificate within ten days following the ceremony.
Prenuptial Agreements in San Ramon
If you are planning to marry in California, you may wonder if you should sign a prenuptial agreement, and need help understanding and discussing this delicate subject.
A prenuptial agreement is a contract that spouses create before marriage to outline property rights and responsibilities during the marriage and in the event of divorce. For a prenuptial agreement to be enforceable in California, it must meet certain requirements:
- It must be in writing
- It must be signed by both parties
- It must be entered into voluntarily, with full knowledge and understanding of its terms
- The terms must be fair and not excessively one-sided
- In some cases, a mandatory reflection period may also be required
Divorce Process in San Ramon
To file for divorce in San Ramon, California, one spouse must have lived in California for at least six months and in the county where the divorce is filed for at least three months. California enforces a mandatory six-month waiting period before a divorce can be finalized, with no exceptions.
Dividing Assets in a California Divorce
As a community property state, California requires that all property and debts acquired during the marriage be divided equally by the court. However, the actual process can still be very complex. Speak with our knowledgeable family law attorneys about your specific circumstances.
Child and Spousal Support Issues
Child and spousal support are financial payments made to assist with the care of shared children or to support a lower-income spouse. Each type of support is calculated differently. In California, child support is determined using a specific formula that calculates a presumptive amount based on:
- The number of children needing support
- The combined total income of both parents
- The percentage of parenting time that each parent has with the children
There is no fixed formula for determining spousal support in California. Courts evaluate several factors to decide whether to award spousal support, the type of support, and its duration. Factors considered include each spouse’s earning capacity, health, and age, the length of the marriage, and the potential for a spouse to become self-supporting through additional education or training.
In some cases, the court may consider future or potential income when making support decisions. For instance, a judge may “impute” income if a party has deliberately reduced their earnings to avoid or minimize support payments. This allows the court to assign an income level to a party even if they are not actually earning that amount.
Courts generally cannot compel a person to change their career to pursue a higher income, even if their earning potential exceeds their current salary. However, courts can impute income in certain situations, such as when a person has the ability and opportunity to earn more but chooses not to.
Determining whether unemployment or underemployment is voluntary or involuntary is often key. Involuntary unemployment happens when a person loses a job they wanted to keep and is unable to find a replacement, such as being laid off rather than terminated for misconduct. On the other hand, voluntary unemployment occurs when a person quits their job or deliberately reduces their income. In such cases, the court may disregard the change in income and continue to enforce the originally ordered support amount.
In certain situations, the court may impute income based on an assessment of a person’s earning capacity. This capacity is evaluated by considering factors such as:
- Education
- Ability to work
- Local job opportunities
- Industry
- Position
- Promotion history
- Employment history
- Job skills
- Market conditions for the individual’s industry and position
If a party suspects that their spouse is deliberately minimizing their income, they can present this concern to the court to seek income imputation. They can request evidence showing whether the spouse has made genuine efforts to find employment. Expert witnesses can provide reports and testimony on potential job opportunities and their salaries, and a certified vocational examination, conducted by a qualified vocational counselor, can offer insights based on relevant factors. A lawyer can assist in gathering the necessary evidence to support your case.
In addition to child support, parents also share the cost of childcare incident to employment and non-reimbursed medical expenses.
Contact Our San Ramon Family Law Attorneys Today
To discuss your family law issue with an experienced and caring San Ramon attorney, reach out to Schoenberg Family Law Group, P.C. We will arrange a meeting at your convenience to address your questions, help you understand your rights, and guide you on the next legal steps.
