Mountain View Divorce Attorney
At The Schoenberg Family Law Group, P.C., we use an individualized approach. Our focus is meeting your expectations, protecting your interests, calming your fears, and providing you with the sound advice you need.
Let our experienced Mountain View divorce attorneys manage your divorce, child custody, and child support issues. We will treat you with the respect you deserve and keep all of your information confidential.
Speak with one of our attorneys today about any divorce issue, including the following:
- Child custody
- Child support
- Division of marital property, debts, and assets
- Spousal support
At The Schoenberg Family Law Group, P.C., we want to serve you so you can meet your family’s needs. No matter what stage of the divorce process you are in, you can count on our Mountain View family law attorneys for support and guidance.
Grounds for Divorce in Mountain View, California
In California, neither spouse is at fault for a divorce. Instead, marriages end due to irreconcilable differences or an irreparable breakdown of the marriage. This makes California a “no-fault” divorce state.
There are residence requirements to divorce in California. One spouse must reside in California for six months before filing for a divorce. They must also live in the county in which they file for divorce for three months before filing.
The residency mandates do not apply to same-sex couples married in California but living in a state that does not recognize same-sex divorce. However, the California divorce orders may not be enforceable in the home states of these couples.
When spouses cannot meet minimum California residency requirements, they may file for legal separation then amend their filing to divorce once they meet residency requirements. No divorce is final until ordered so by a judge. The minimum waiting period for a divorce is six months.
Child Custody During a Divorce in Mountain View
When California courts make child custody decisions, their primary focus is the best interests of the children and the custodial parent’s ability to care for the child. There are two types of custody in California, physical and legal.
Legal custody pertains to the ability to make essential decisions in the child’s life, such as healthcare, religious, and educational matters. Physical custody is simply with which parent the child physically lives or stays.
Courts evaluate child custody using the following criteria:
- The age of the child;
- The health of the child;
- The emotional ties between either parent and the child;
- The ability of the parents to care for the child (emotionally, physically or financially);
- Any history of family violence and/or substance abuse; and
- The child’s ties to the school, home, and/or their community.
Courts give no preference to a parent when awarding custody due to their sex, lifestyle, sexual orientation, or religion.
Child Support During Divorce in Mountain View
Every parent has a legal responsibility to support their child(ren). Child support is a court-ordered monthly payment to cover the expenses of rearing a child. Family law judges use California child support guidelines when determining child support orders.
The amount of time each parent physically spends with the child and parents’ income levels determines support amounts. Parents’ are legally bound to support a child through:
- The age of 18 and graduation from high school (although a child who is a full-time high school student or part-time student due to a medical condition will continue to receive support);
- The age of 19 years old; or
- Marriage, death, or legal emancipation.
If a child is disabled or cannot support themselves, the court may order the parents to provide continuous support for that child.
Division of Property During a Mountain View Divorce
In California, all property is separate property or community property. Property acquired after the marriage is owned together and subject to equal division. Anything owned before the marriage, obtained after a legal separation or received as an inheritance or gift, is separate property.
Community property includes the following:
- Spousal income during the marriage such as salary, interest income, stock dividends, capital gains, and retirement accounts;
- All real estate and personal property acquired during the marriage using marital income; and
- All debts incurred during the marriage.
The spouses may agree on another division of property in an uncontested divorce.
Spousal Support in California
Spousal support, also known as alimony, is a series of payments made by one spouse to the other both during and after the court finalizes the divorce. The purpose of spousal support is to allow the lower-earning spouse to maintain a similar standard of living to the one they enjoyed prior to the divorce.
California courts have the power to order temporary, rehabilitative or permanent spousal support.
- Temporary spousal support: Support lasts from the date granted to the end of the divorce. Temporary support is a means to cover living expenses to a lower-earning spouse during the divorce process. Judges use California child support guidelines to calculate temporary spousal support.
- Rehabilitative support: Rehabilitative support allows a lower-earning spouse time to learn new job skills or training and re-enter the workplace. The goal of rehabilitative support is for the lower-earning spouse to become self-supporting.
- Permanent spousal support: The court orders permanent spousal support in cases of a long-term marriage.
In any spousal support case, one spouse needs support, and the other spouse has the ability to pay support. Without these two factors, the court will not entertain a request for spousal support.
The Schoenberg Family Law Group, P.C., Compassionate Divorce Professionals in Mountain View
At The Schoenberg Family Law Group, P.C., our attorneys are experienced advocates who will provide you with the effective guidance and representation you deserve. We care about your family and your future and work hard to keep you informed at all times. Contact us today!
We will compassionately listen to your issues and champion your cause, whether it is protecting your children, achieving a just financial outcome, or navigating the divorce process efficiently. The Schoenberg Family Law Group, P.C., is here for you.