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At The Schoenberg Family Law Group, P.C., our Mountain View family lawyers strive to meet your individual goals and expectations. Clients choose us for many reasons, such as our client commitment, extensive experience in family law matters, Certified Family Law Specialists, and effective advocacy in and out of court. We understand the nuances of California family law and our lead attorney has spent nearly 40 years in this practice area.
Local Court Procedures for Mountain View Residents: While you live in Mountain View, your family law or divorce action will be processed and heard through the Family Law Division of the Santa Clara County Superior Court. Most local family law filings, mandatory dispute mediations, and judicial hearings take place at the comprehensive Family Justice Center Courthouse located down-county in San Jose. Successfully resolving a local case requires an attorney who understands and regularly operates within the distinct regional rules, filing timelines, and judicial expectations of Santa Clara County.
California is a “no-fault” divorce state. Spouses filing for divorce in Mountain View do so because of “irreconcilable differences,” or the inability to get along. In California, the court does not punish or lay blame on either party for any type of wrongdoing in the marriage.
There is a six month waiting period before the court will grant a divorce. Until the court issues a final divorce, neither party may remarry or file taxes separately.
To obtain a divorce in California, one spouse must live in California for the last six months, and file for the divorce in the county where they lived 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.
There is also an exception for same-sex couples. Those who married in California but live in a state that does not recognize same-sex marriage can file a divorce in the California county where they married.
California is one of only a few community property states in the country. This divorce law views a married couple as their own community, with all assets, property and debt acquired during the marriage equally shared by both parties within the community. When a divorce case goes to trial in Mountain View, state law mandates that all marital assets and debts be divided down the middle – an even 50/50 split.
Regardless of which spouse earned more money or accumulated more debt during the marriage, California law will give 50 percent of the community property to one spouse and 50 percent to the other. It does not matter whether this is equitable (fair) for either party. This is why it is important to work with an attorney to achieve a property division settlement with your spouse during your divorce case.
Creating your own property division agreement for a judge to sign can help you protect your interests. Your ex may be willing to trade assets that you want for other assets that you are not interested in, for example, or take on a larger percentage of the community debt to keep the family home. A lawyer can walk you through mediation and alternative dispute resolutions to help you reach a property division settlement.
Mediation is a non-binding legal process where the goal is to facilitate a compromise between two parties that are involved in a dispute. Divorce mediation attempts to work out the terms of a divorce settlement so that a couple can avoid an expensive legal battle. Mediation uses an unbiased third party known as a mediator to supervise, resolve conflicts and guide the couple toward an agreement.
Mediation can be as formal or informal as the parties want. The mediator will start the meeting with introductions, then allow both parties (or their lawyers) to present opening statements that summarize each side’s view of the case. After this, the parties are separated into different rooms. Then, the mediator speaks to each party privately to try to work out a satisfactory resolution. If mediation does not end in a settlement, the parties can try again or go to trial.
While children born in a marriage are presumed to be the biological children of the marriage, unmarried fathers are not assumed to be the fathers of their children even if they are on the birth certificate. Therefore, unmarried fathers or mothers need to establish parentage or paternity of their children.
To establish parentage, either a parent voluntarily signs a declaration stating they are the biological parent of a child or the court determines part of a parentage case. After doing so, that parent assumes all rights and responsibilities to their child(ren), including custody, visitation, and financial support.
The court must make a parentage finding to order and enforce child support payments. A court order permits an unmarried father to pursue the legal right to custody and visitation.
Courts base child custody decisions on the best interests of the child and the custodial parent’s ability to care for the child. Along with the best interests and the custodial parent’s ability to care for the child, the court considers the following factors:
There are two types of child custody, physical custody, and legal custody. Legal custody issues pertain to the child’s healthcare, schooling, and religious upbringing. Physical custody is the child’s actual domicile. Hiring a Mountain View Family Law Attorney can help distinguish between these types.
California courts do not favor either parent’s sex when awarding child custody. Custody is not awarded based on marital status, physical disability, lifestyle, sexual orientation, or religion.
Parents are under an obligation to support their children until they reach the age of 18, become emancipated, or are otherwise self-supporting.
The purpose of child support is to keep a child’s lifestyle from changing too much due to the divorce. Child support is for the child’s needs, including, but not limited to:
Child support payments are monthly by wage assignment unless otherwise agreed by the parents. Wage assignments may be through the state for ease of administration and tracking. State involvement eliminates any need for parental contact.
Typically, a child support court order in California is permanent once it is given or signed off on by a judge. It will continue until the child turns 18 or the order is otherwise terminated. However, there are some circumstances when the courts will approve a modification, or change, in the child support amount after it has been decreed. The courts require evidence of a substantial change in the parent’s circumstances, however, before a child support order can be modified.
Some of the reasons why a child support judgment might need to change include:
A parent cannot stop paying child support or pay a different amount without approval from the courts. Refusing to pay child support can lead to a parent being held in contempt of court. Coming to a private agreement without court approval is dangerous since, by law, the paying party will still owe the recipient the full amount. Technically, the recipient could take the paying parent to court and demand back pay for missed or reduced payments, plus interest and penalties.
At The Schoenberg Family Law Group, P.C., our legal team is composed of experienced, committed, and dedicated attorneys. We are determined to help you achieve a favorable result in any family law issue. Our Firm has a professional Mountain View Family Law Attorney who understands the difficulties and confusion that the majority of family law cases present.
We will strive to provide you with the knowledge, communication, attention, and dedication you expect and deserve. We will aggressively fight to win successful results for you.
Call or contact us online to schedule your confidential consultation with one of our attorneys today.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
If you reside in Mountain View, your divorce petition must be filed with the Family Law Division of the Santa Clara County Superior Court. The administrative filings and subsequent hearings are handled primarily at the Family Justice Center Courthouse located at 201 N. First Street in San Jose.
Under California’s community property laws, tech stock options, Restricted Stock Units (RSUs), and founder's equity acquired during the marriage are typically considered jointly owned and therefore subject to a 50/50 split. Accurately dividing these assets often requires an expert application of specific legal vesting formulas (such as the Hug or Nelson time-rules) to isolate separate vs. community value.
Santa Clara County requires parents to participate in mandatory mediation through Family Court Services (FCS) before a judge evaluates a custody dispute. Tier I mediation is completely confidential and aims to help parents work together to craft a joint parenting plan; if an agreement cannot be reached, the case moves forward to a judicial hearing where a family court judge will dictate custody based entirely on the legal standard: the child's best interests.
An unmarried father in California must legally establish paternity before obtaining legal rights to child custody or visitation. This is achieved either by both parents voluntarily signing an official Voluntary Declaration of Parentage (VDOP) or by filing a formal parentage action through the Santa Clara County family court system to obtain genetic testing and official court orders.
Yes, you can request a modification of a child support order if you can show a "substantial change in circumstances." Valid grounds for modification in California include involuntary job termination, a significant promotion or demotion, or a dramatic shift in the percentage of physical parenting time each parent spends with the child.
Divorce mediation allows Mountain View couples to retain total control over their asset division, spousal support, and parenting schedules rather than leaving those life-altering decisions to a judge. Mediation is entirely private, significantly less expensive than traditional court litigation, and generally minimizes the long-term emotional friction often experienced during a public trial.
