Trusted Family Law Attorneys in Santa Cruz, CA
At Schoenberg Family Law Group, P.C., we understand how overwhelming family law matters can be, both emotionally and logistically. We know these issues often arise during difficult life changes, and can feel overwhelming. Our experienced and compassionate Santa Cruz family law attorneys are here to protect your present and future interests, providing you with the expertise, guidance, and care you deserve throughout your case.
Work with a dedicated Santa Cruz family law attorney to secure the best outcome for your case, whether through negotiation or litigation. Contact Schoenberg Family Law Group, P.C. today to discuss your family law matters, including but not limited to:
- Divorce
- Property Division
- Paternity
- Child Custody
- Child Support
- Child Support Modifications
- Spousal support
- Domestic violence
Debra R. Schoenberg, principal at Schoenberg Family Law Group, P.C., leads the firm with over 35 years of experience in family law. She holds the title of Certified Family Law Specialist from the State Board of Legal Specialization, is a Fellow of the American Academy of Matrimonial Lawyers (AAML), and is also a Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA).
The Schoenberg Family Law Group team is committed to outstanding client service, building relationships based on communication, trust, and transparency.
Our experienced Santa Cruz family lawyers are focused on achieving your unique goals and exceeding your expectations. We skillfully handle the most complex and challenging divorce and child custody disputes, including high-conflict and high-asset cases. Clients turn to us for our commitment to their needs, our decades of experience, and our effective advocacy both in and out of court.
Divorce in Santa Cruz, CA
California is a “no-fault” divorce state, meaning that spouses in Santa Cruz can file for divorce based on “irreconcilable differences” without blaming either party for the breakdown of the marriage. California courts do not consider “grounds” for divorce.
To divorce in California, at least one spouse must have been a resident of the state for six months, and have lived for at least the three previous months in the county where the action is filed. If both spouses have lived in California for six months but in different counties for three months, the divorce can be filed in either county.
There is also a mandatory six-month waiting period before the court finalizes a divorce in California. During this period, neither party may remarry.
Same-sex couples that married in California but now reside in a state that does not recognize same-sex marriage can file for divorce in the California county where they were married.
Property Division
California is one of the few community property states in the U.S. This means that in a Santa Cruz divorce case that goes to trial, with few exceptions, all assets, property, and debts acquired during the marriage are considered equally owned by both spouses and will be divided 50/50 by the court, regardless of which spouse earned more or accumulated more debt.
While community property laws seem simple on the surface, in practice asset division can be quite complex. It is advisable to work with an experienced family law attorney to negotiate a settlement with your spouse during the divorce process.
Drafting your own property division agreement for judicial approval can protect your interests. You may negotiate to exchange assets that you prefer or have your ex take on a larger share of the community debt in return for keeping the family home. An attorney with Schoenberg Family Law Group, P.C. can work with you to find creative solutions that meet your unique needs and goals. We can guide you through an alternative dispute resolution process to help you achieve a favorable outcome, avoiding court if possible. If your case must proceed to trial, we are forceful litigators.
Paternity in California
Children born during a marriage are automatically presumed to be the biological offspring of the marriage, but unmarried fathers are not automatically presumed to be the fathers of their children, even if their name is on the birth certificate. Unmarried fathers must establish parentage or paternity to confirm their legal relationship with the child.
To establish parentage, a parent can voluntarily sign a declaration confirming their biological connection or have the court make a determination as part of a paternity case. DNA testing is a reliable method for establishing paternity. Once parentage is confirmed, the parent assumes all related rights and responsibilities, including custody, visitation, and financial support.
A court must establish parentage before ordering and enforcing child support payments. A court order also grants an unmarried father legal rights to custody and visitation.
Child Custody in California
Under California law, the court must make child custody decisions based on the child’s best interests, evaluating numerous factors:
- The mental health and stability of each parent
- Any history of domestic violence or substance abuse
- Criminal convictions
- Issues of child abuse or neglect
- Each parent’s ability to provide care
- The parent-child relationship
- The child’s age and health
- The child’s ties to school and community
- The child’s preferences, if mature enough
In making custody decisions, California courts do not favor either parent based on gender, marital status, disability, lifestyle, sexual orientation, or religion.
California recognizes two types of custody: legal and physical. Legal custody involves decisions about the child’s healthcare, education, and religious upbringing, while physical custody refers to the child’s primary residence.
Consult one of our Santa Cruz family law attorneys to learn more about these distinctions and discuss your case.
At Schoenberg Family Law Group, P.C., we understand that custody disputes are among the most challenging and emotionally-loaded aspects of your dissolution. Our experienced attorneys are here to guide and support you.
Child Support in Santa Cruz, CA
Parents are required to financially support their children until they turn 18 or graduate from high school, whichever comes later. A child support order lays out how the co-parents share this financial responsibility. The goal of child support is to ensure that the child’s lifestyle remains stable after a divorce. Child support covers:
- Food
- Shelter
- Clothing
- School expenses
Child support payments are typically made monthly through wage assignment (direct from employer to recipient), unless parents agree on direct payments. Wage assignments may be handled by the state for easier administration and tracking, reducing the need for direct parental contact.
In addition to child support, parents also share childcare costs and medical expenses that are not covered by health insurance.
Child Support Modification
In California, child support court orders generally remain in effect until the child turns 18 or graduates from high school, whichever is later. However, courts may approve modifications to the child support amount under certain circumstances, such as a significant change in a parent’s situation.
Reasons for modifying child support include:
- Job loss or demotion
- A higher-paying job
- New childcare or healthcare expenses
- A change in the time each parent spends with the child
- One parent’s incarceration
Parents cannot alter or stop child support payments without court approval. Failure to pay may result in being found in contempt of court. Private agreements without court approval are risky, as the paying parent remains legally obligated to provide the full amount.
Schedule Your Consultation With a Santa Cruz Family Law Attorney
The skilled team at Schoenberg Family Law Group, P.C. is devoted to advocating for our clients’ interests and achieving favorable outcomes in all family law matters. Our experienced Santa Cruz Family Law Attorneys understand how complex and emotional family law cases can be, and we aim to ease your burden.
Our unwavering commitment is to provide clients with personalized attention, open communication, the confidence that comes with feeling well-informed—and the assurance that we’ll 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.
