The legal arena of family law covers a range of personal, delicate matters. The professional Family Law advocates in Marin at The Schoenberg Family Law Group, P.C., offer comprehensive and compassionate legal services to address all of your family law needs. Our experienced attorneys can guide you through these often stressful and frustrating times.
When diligent counsel and representation with integrity matter, The Schoenberg Family Law Group, P.C., is a trusted choice in Marin County. We take cases from any city in Marin from San Rafael to Fairfax and more, we are experts at trying cases in the Marin County Courthouse. Schedule a consultation with one of our attorneys to discuss any of the following:
- Prenuptial agreements
- Postnuptial agreements
- Division of marital assets
- Complex property division
- Post-separation support
- Orders for protection
- Child custody
- Child support
- Child visitation
Our Marin County law firm specializes in family law and only family law. We have more than 35 years of experience representing clients in all types of family law cases throughout California. We will work with you to protect and defend your legal rights and personal interests.
What is Family Law?
Family law is a civil branch of the legal field that deals with family relationships. The most familiar areas of family law include divorce, child custody, and child support. However, family law consists of a vast array of legal issues.
Attorneys who practice family law represent their clients in all types of family court proceedings. However, divorce is frequently the reason for hiring a family law attorney.
How Can a Family Law Attorney Help?
You and your family do not have to handle a complicated legal process alone. Rather than taking on a case by yourself, benefit from the expertise of an experienced family law attorney. An attorney can properly address all of your needs and concerns. The right lawyer can:
- Explain your rights and legal options under California law.
- Help you choose the correct type of legal action for your specific situation.
- Answer all of your legal questions.
- Assess when mediation is in your best interest.
- Seek temporary orders for alimony, child custody or protection.
- Provide advice for legal matters such as prenuptial and postnuptial agreements.
- Represent you during mediation or a family law trial.
- Protect the rights and best interests of your child.
The right family law attorney can make a confusing legal process as simple and straightforward as possible for you and your family. Your lawyer will prioritize the health and safety of your family while ensuring your case receives the attention it deserves. From divorce cases and parenting plans to orders for protection in a domestic violence case, our lawyers can take care of many family law matters on your behalf.
Family Law and Marriage in Marin County, California
Matters relating to marriage and divorce are the center point of family law. Marin County family law attorneys are valuable in any situation that surrounds marriage, including the following:
- Premarital agreements: Prenuptial agreements are contracts created by family law attorneys before a couple is married listing each person’s assets, and the rights of each person if the marriage fails.
- Postnuptial agreements: Family law attorneys create postnuptial agreements after a couple is married, and their circumstances change, calling for a new agreement between the couple.
- Divorce: Each spouse in a divorce hires family law attorneys. The family law attorneys help the couple settle before trial through dividing marital property, calculating spousal support, and proposing any needed plan for child custody, visitation, and support. If unsuccessful, family law attorneys represent their clients in trial.
- Child custody and child support: Family law attorneys for the parents generally settle these matters within a larger divorce case. Parenting plans are agreed upon or placed before a judge for argument and a decision. Attorneys fairly and accurately calculate child support, ensuring they meet any guidelines and state requirements.
- Child custody and child support modifications: Attorneys make modifications after a divorce when living conditions and financial conditions change. They calculate and settle these matters for their clients, or represent their clients before a judge in a hearing regarding these changes.
- Legal separation: Family law attorneys are hired by couples individually in a legal separation. It is not a termination of a marriage like a divorce. However, it defines the legal rights and obligations of each person like a divorce.
If you have questions or require legal advice on any of these facets of marriage law, contact us to request an in-depth legal consultation.
Factors That May Impact the Cost of a Divorce in Marin County
Divorce is one of the most common types of cases we see at the Schoenberg Family Law Group, P.C. If you are considering divorce, you most likely have many questions that will need to be answered before you go any further with the legal process. One could be how much it will cost to get a divorce in Marin County, California.
Although every case and circumstance is unique, some costs and fees remain about the same for each divorce case in California. For example, the divorce filing fee – what it costs to file your divorce paperwork with the family courts in California – is $435. However, you may not have to pay this fee if you qualify as a low-income individual and request a fee waiver.
Other common costs associated with a divorce case are the price of hiring an attorney, expert fees, paying for copies of documents, and going to trial. A trial is much costlier than a divorce settlement in California. The longer your case takes and the more effort that is required, the more expensive your divorce will be.
Working with the right divorce lawyer in Marin County can help you minimize the cost of your divorce. A lawyer will handle your case as quickly and efficiently as possible, cutting out mistakes and wasted time that could cost you money. Your lawyer will also search for all available ways to protect you financially, such as settling your case during mediation instead of going to trial.
When Does My Divorce Become Final in Marin County?
Getting divorced in Marin County requires much more than just submitting a divorce petition and paying the filing fee. Your divorce will not be finalized until you obtain an order from a judge. This will take a minimum of six months in California, as the state enforces a six-month waiting period for all couples. During the waiting period, you and your spouse can live separately or file for legal separation to make the divorce process simpler (as well as to start living your new life sooner).
If you and your spouse have an uncontested divorce case, where you reach a settlement agreement together, your divorce case may only take the six months that you have to wait to get it finalized. In this case, your divorce will become final when you and your spouse submit your completed paperwork and a judge reviews it and signs off, effectively dissolving your marriage.
If you and your spouse cannot agree to the terms of your divorce, you may have to attend multiple meetings to try to negotiate a settlement or attend a divorce hearing in court. Depending on how busy the courthouse in Marin County is, you may have to wait one year or longer for your trial date. The trial itself could take one or more weeks based on the complexity of your divorce case. Your divorce will be finalized after receiving a decree from the judge.
Navigating High-Conflict Divorces (To Minimize Impact on You and Your Children)
If you and your soon-to-be ex-spouse have a high-conflict divorce, you may need to take special steps to minimize tension and avoid altercations. Start by establishing boundaries with your ex. For example, make a rule where you only discuss the divorce when your children are not around. Do your best to put your personal feelings aside and to be respectful while communicating with your ex. If you are feeling bullied or harassed by your spouse, do not respond.
If you feel that you need a restraining order for a high-conflict divorce, an attorney can help you obtain emergency protective orders. The most important thing to do in a high-conflict divorce case is to hire a qualified and experienced divorce lawyer in Marin County to represent you. You can trust the complicated and stressful legal process to your lawyer while you focus on building your new future.
Family Law and Children in Marin County
Any case involving children deserves attention from an attorney. There is too much at stake to risk self-representation. There are many cases involving children alone where family law attorneys are vital, such as:
- Paternity: A family law attorney represents either the mother or the father. The mother’s attorney files a case to secure child support payments from an absent father. The father’s attorney files for a paternity order to obtain a relationship with his child.
- Child custody and child support: Family law attorneys can help to settle child custody and support schedules that arise from paternity cases.
- Child abuse and domestic violence: Child abuse and domestic violence have both family law and criminal law implications. Family law attorneys represent parties in the civil matters, including in the juvenile court system and protective order hearings.
- Other domestic violence cases. All family relationships are potentially subject to acts of violence, including spousal relationships, parent and child relationships, and elder relationships. Family law attorneys are valuable aids in helping their clients with domestic violence.
On any family law case in Marin County involving children, our lawyers put the children first. We provide compassionate client services to parents and families during difficult times. We can help you find peace of mind during an emotionally charged legal case involving kids.
Name Change and Inheritance in Marin County
Another common family law issue is a name change. While a name change is a simple process upon marriage or divorce, some circumstances require petitioning the court for an order. A court order is needed to officially change a name on government-issued identification documents, such as a passport or social security card.
Inheritance during marriage and divorce is also a family law matter. Family law attorneys provide valuable guidance on keeping inheritance separate in the case of divorce or separation.
We Will Protect Your Rights
At Schoenberg Family Law Group, our priority is protecting each client’s rights. We use our knowledge of the law to protect the legal rights given to family members in California. Whether you need us to represent you during mediation or a trial in Marin County, we will provide tailored legal services suited for your unique needs. We will do everything we can to safeguard you and your loved ones during a challenging legal matter. Our family law attorneys protect client rights in every way:
- Child rights. With any case involving children, we put the children’s needs above all else. In general, the courts believe a child does best through continued contact with both parents. Our child custody, child support, parental relocation and domestic violence attorneys will do what is necessary to protect children involved in your case.
- Parental rights. As a parent or legal guardian, you have special rights under California law. Our lawyers can help you protect these rights during divorce mediation or a trial. We can help you and your ex work together outside of court to create a parenting plan, saving you from going before a judge in a custody battle.
- Grandparent rights. You have child visitation rights as a grandparent. Consult with our attorneys about fighting for your grandparent visitation rights. We can help you petition the courts for visitation or custody if the child’s parents are divorced or deceased.
Regardless of the type of family law case you have and your role in it, an attorney from our law firm can protect your rights with a comprehensive legal strategy. Our lawyers know when to get aggressive and when to compromise. We will guide you through California’s family laws with advice and representation you can trust.
Discuss Your Case with an Experienced Marin County Family Law Attorney
At The Schoenberg Family Law Group, P.C., we know the quality of family law representation you receive and the results you obtain can impact your life for many years to come. That is why we are a client-driven law firm. Our focus and goal is to help protect your rights and achieve your legal goals while providing you with the clear legal guidance and experienced representation you deserve.
Our attorneys offer a proven record of results and are ready to begin working for you. We understand that not every case resolves amicably. When courtroom litigation is necessary, we will vigorously represent your case.