Marin County Divorce Attorney
The experienced Marin Family County attorneys at The Schoenberg Family Law Group, P.C., understand the divorce process and can offer straightforward answers to your questions about divorce in Marin County. It is crucial to find the right legal team to represent you during this significant life change.
Our attorneys work with you to secure your family and financial assets for now and in the years to come. With over thirty years of experience handling complicated divorce and family law issues, we will protect your rights and act as vigorous advocates for your interests.
At The Schoenberg Family Law Group, P.C., we will explain your legal rights and help you identify your goals in the divorce process. Our attorneys offer help on all family law matters in divorce, including:
- Child custody
- Domestic violence
- Visitation rights
- Property division and finding hidden assets
- Child support
Contact our office today and allow us to demonstrate our commitment to exceptional client service.
What is a Divorce & What Laws Apply in Marin County?
Divorce is a legal end to a marriage or domestic partnership. In California, spouses divorce due to “irreconcilable differences.” The court places blame on neither spouse for the breakdown of the marriage.
California courts are interested in restructuring and settling matters about the following:
- Custody and visitation;
- Child support;
- Spousal or partner support;
- The division of property; and
- Responsibility for debts.
California requires a six month waiting period before a divorce can be finalized.
Are There Residency Requirements for a Marin County Divorce?
To divorce in California, one of the spouses must meet California’s residency requirements. One spouse needs to live:
- In California for the last six months; and
- In the county where divorce is planned for the previous three months; however,
- If both spouses live in California for at least six months, but in different counties for at least three months, filing is allowed in either county.
Divorce is possible without meeting the residency requirement by filing a petition for legal separation, then submitting an amended petition for divorce once the residency requirement is met.
There is an exception for same-sex couples who married in California but do not live in California and live in a state that does not recognize same-sex marriage. These couples can file a divorce in the California county where they married.
What is the Divorce Process in California & Marin County?
Couples married less than five years with no children, no real property, and limited marital property and debts may qualify for a summary dissolution. This is an agreement filed at the court, along with a joint divorce petition and other required forms. It is simpler than the traditional divorce process.
Otherwise, the divorce process in California typically proceeds along the following path:
- One spouse files a divorce petition and serves it on the other spouse (the Respondent);
- The Respondent then has thirty days to file a Response to the Petition;
- One party requests a temporary hearing where the judge makes temporary child custody, support, and restraining orders;
- The parties engage in discovery or the exchange of information and documents relevant to the divorce including lists of community and separate property and income and expense declarations;
- Settlement is discussed;
- A Marital Settlement Agreement is signed by the spouses and their attorneys;
- If the parties cannot agree on all of the issues in the case, a trial takes place;
- One of the attorneys prepares a Judgment of Dissolution of Marriage;
- The judgment is filed; and
- The court mails a Notice of Entry of Judgment to each attorney.
What Happens in Marin County When My Spouse and I Cannot Reach an Agreement?
Most Marin County divorce cases settle without going to trial. Divorcing couples can reach a compromise amongst themselves, through their attorneys, or in an alternative setting like mediation. Divorce is adversarial by nature; therefore, many couples are unable to reach terms on their own.
Divorce attorneys are skilled negotiators and will work diligently at the beginning of a divorce case to reach an agreement. If they are unable to do so, attorneys will take their clients’ cases to court and fight for the best possible outcome.
When a divorce case is put before a judge, the judge decides any unresolved issues. This is risky. Therefore, where settlement is possible, it is best to do so.
What is Mediation? Is Mediation Required in California?
Mediation is an informal process to resolve divorce without conflict and the need for litigation. The goal is a compromised solution.
Benefits to divorce mediation may include:
- Lower cost than litigation;
- Informal atmosphere; and
- Autonomy in decision-making.
California requires mediation in all child custody disputes before the court makes a child custody ruling. The mediation must be with a court-appointed counselor trained in these issues. The parents’ divorce case may go through traditional litigation or continue through mediation alongside their custody issues.
Schedule a Case Review with an Expert Marin County Divorce Professional
At The Schoenberg Family Law Group, P.C., we pursue equitable and fair divorce judgments for our clients. Our attorneys will answer your most pressing questions involving divorce or legal separation proceedings. Allow us to relieve you of the legal burdens of a divorce so you can focus on living your best life.
Today’s decisions will affect your future. Our attorneys will work with you individually to understand your needs and create a divorce plan tailored for you. Regardless of your needs, we can help you. Contact our Marin County Family Lawyers or call to schedule a consultation.