Compassionate Family Law Attorneys in Sunnyvale, CA
If you’re looking for legal support and solutions for family law matters, Schoenberg Family Law Group, P.C. is here to help. Our Sunnyvale family law attorneys can guide you through your legal options and assist you in navigating the steps needed to achieve the outcomes you desire.
With decades of experience in family law, Schoenberg Family Law Group, P.C. offers expert advice on a wide range of family law issues. Regardless of the complexity of your situation, our attorneys use their courtroom expertise and negotiation skills to craft solutions tailored to your specific challenges.
Contact Schoenberg Family Law Group, P.C. today to schedule a confidential consultation with a legal professional who is:
- Compassionate and understanding;
- Experienced and detail-oriented; and
- Dedicated to helping you achieve your legal goals.
Let Our Sunnyvale Family Law Attorneys Assist You
At Schoenberg Family Law Group, P.C., we are committed to ensuring you receive fair treatment, respect, and support throughout your legal journey. We take the time to understand your unique situation, allowing us to provide personalized legal solutions that address your particular needs and goals.
Our family law services in Sunnyvale cover a wide range of areas, including but not limited to:
- Prenuptial and postnuptial agreements
- Divorce
- Child custody and visitation
- Child support
- Domestic violence
- Property division
- Spousal support
If you’d like to discuss any of these family law matters or other related concerns, please contact Schoenberg Family Law Group, P.C. We are here to help you.
Prenuptial and Postnuptial Agreements in Sunnyvale
A prenuptial agreement is a contract created and signed before marriage that outlines each party’s property rights in the event of a divorce. It also details any separate property they bring into the marriage and can include terms such as waiving or limiting spousal support.
A postnuptial agreement, on the other hand, is entered into after the couple is married. These agreements are subject to strict laws, so it’s important for both parties to have legal representation throughout the process of drafting and signing the agreement to ensure its validity.
Dissolution of Marriage in Sunnyvale
In an uncontested California dissolution of marriage, spouses agree to divide their assets, debts, and other marital property without the court’s involvement. This process is suitable for couples willing to work together and exchange information voluntarily.
To proceed with a dissolution of marriage, spouses must reach an agreement on the following matters without needing court intervention:
- Division of assets and debts
- Spousal support
- Child custody and visitation
- Child support
- Attorney fees
Spouses are encouraged to resolve as many issues as possible before appearing before a judge.
California is a no-fault divorce state, which means neither spouse needs to provide specific grounds to obtain a divorce. Instead, a divorce can be granted due to an irreparable breakdown of the marriage, often called irreconcilable differences.
There are residency requirements for divorcing in California. At least one spouse must have been a state resident for a minimum of six months before filing the divorce petition. Additionally, one spouse must have lived in the county where they file for divorce for at least three months prior to filing.
Regardless of the type of divorce or the terms of the agreement, there is a mandatory six-month waiting period before any divorce can be finalized.
Property Division in Sunnyvale
Asset division in a Sunnyvale, California divorce falls under the state’s community property laws. Therefore, any marital assets and debts must be divided equally in a divorce unless there is a valid prenuptial or postnuptial agreement in place.
Separate property, however, is not divided between spouses in a divorce. Separate property includes assets one spouse owned before the marriage or acquired through gift or inheritance during the marriage. It also includes items purchased with or exchanged for separate property, earnings from separate property, and any increase in the value of separate property. Property division can be particularly challenging in cases involving divorcing business owners.
While community property laws seem straightforward, asset division can be highly complex and contentious. It is beneficial to work with a seasoned legal professional.
Child Custody and Visitation in Sunnyvale
In California, including Sunnyvale, there are two types of child custody: legal and physical. When parents cannot reach their own custody arrangements, the court will impose a decision.
The court must base its child custody decisions on the best interests of the child. Factors considered include:
- 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
If the child is at least fourteen years old and mature enough to express a preference, the court may consider the child’s opinion in making custody decisions.
Child Support in Sunnyvale
In Sunnyvale, California, child support is determined using specific guidelines and a complex mathematical formula. This calculation considers several factors, including:
- The parents’ incomes;
- The amount of time the child spends with each parent;
- Any tax deductions available to either parent.
These guidelines apply in cases of divorce, separation, paternity, and domestic partnerships. In certain situations, deviations from the guideline may be appropriate.
In addition to child support, parents also share the cost of childcare incident to employment and non-reimbursed medical expenses.
Parentage in Sunnyvale
There are several important reasons to legally establish a child’s parentage. One key reason is to ensure that the child can receive any benefits or inheritance they may be entitled to.
In California, the parentage of a child must be legally established unless:
- The child is born during a marriage, in which case the mother’s spouse is presumed to be the child’s other parent; or
- A person is living with the child and the mother in a family-like manner and has shown a commitment to the child. In such cases, that person may be presumed to be the child’s other parent, even if they are not the biological parent.
Parentage can be established voluntarily or through a paternity action.
Reach Out to a Skilled Sunnyvale Family Law Attorney
The caring and experienced team at Schoenberg Family Law Group, P.C. is ready to address your urgent family law concerns, whether they involve topics mentioned above or any other family-related legal matters. We are prepared to support you throughout the legal process, advocating for your specific needs, whether through courtroom litigation or alternative dispute resolution methods.
At Schoenberg Family Law Group, P.C., we understand that every family law issue—like every family—is unique. We will provide you with the personalized attention and guidance you need to get through this challenging time and resolve difficult issues in the most amicable and positive way possible. Let us help you navigate the family law process in a way that aligns with your goals.
