When you are looking for legal information and solutions regarding personal family legal issues, you can turn to the Schoenberg Family Law Group, P.C. Speaking with one of our family law attorneys can help you identify your best options and navigate the steps needed in achieving your desired outcomes.
With many decades of family law experience, the Schoenberg Family Law Group, P.C. can offer you advice on a wide range of family law matters. Regardless of the complexity of your conflict or dilemma, our attorneys draw on courtroom and negotiation experience to personalize solutions to your difficulties.
Contact the Schoenberg Family Law Group, P.C. now to schedule a confidential family law consultation with counsel that is:
- Thoughtful and compassionate;
- Skilled and comprehensive; and
- Determined to meet your legal goals.
Let Our Napa Family Law Attorneys Help You
At the Schoenberg Family Law Group, P.C., we strive to ensure you are treated fairly and with respect. We work closely with you and learn about your life. This enables us to offer you legal solutions that truly respond to your needs.
Our Napa family law services are comprehensive, spanning all areas of family law. This includes, but is by no means limited to:
- Prenuptial and postnuptial agreements;
- Child custody and visitation;
- Child support;
- Domestic violence;
- Property division;
- Spousal support; and
To discuss any of the above family law issues or another family law matter related to your life, call the Schoenberg Family Law Group, P.C. We look forward to working with you.
Prenuptial and Postnuptial Agreements in Napa
A prenuptial agreement is a contract written and signed before marriage that specifies both parties’ property rights in the event of a divorce. It also lists any separate property they bring to the marriage and can define terms such as a waiver or limitation of spousal support.
A postnuptial agreement is entered into after spouses are married. There are strict laws governing prenuptial and postnuptial agreements. Therefore, both parties should have attorneys to advise them throughout the prenuptial process and signing of the agreement to ensure its validity
Dissolution of Marriage in Napa
There is a difference between a dissolution of marriage and divorce in Napa, California. In a California dissolution of marriage, spouses divide their assets, debts, and other marital property without the court’s assistance. A dissolution of marriage is for a couple willing to work together and voluntarily trade information.
Spouses must agree on the following matters without the necessity for court interference:
- Division of assets and debts;
- Spousal support;
- Child custody and visitation;
- Child support; and
- Attorney fees.
Divorce in Napa
Divorce cases are submitted to the courts immediately. However, spouses are expected to work out any issues they can before appearing before a judge.
California is a no-fault divorce state, meaning no grounds need to be stated by either spouse to obtain a divorce. Instead, a divorce can be granted due to an irrevocable breakdown of the marriage.
There are residency requirements to divorce in California. At least one of the spouses needs to be a state resident for at least six months before filing the divorce petition. That spouse must also reside in the county where they file for the divorce at least three months before filing.
There is a mandatory six-month waiting period before any divorce can be finalized regardless of type or agreement.
Property Division in Napa
California is a community property state. Therefore, any marital assets and debts must be divided equally in a divorce unless there is a valid prenuptial or postnuptial agreement.
Separate property is not divided between spouses in a divorce. Separate property includes property one spouse owned alone before the marriage or acquired by gift or inheritance during the marriage. It also includes items purchased with or exchanged for separate property, earnings on separate property, and any increase in the value of separate property. Divison of assets can be especially difficult in cases of divorcing business owners.
Child Custody and Visitation in Napa
California has two types of child custody: legal and physical. Parents who cannot come to their own custody arrangements must abide by those made by the court.
The court makes child custody decisions based on a child’s best interests. These include the following:
The child’s health, safety, and welfare;
- Whether either parent has a history of abuse against the child or the other parent;
- The nature and amount of contact with both parents;
- Whether either parent has a history of illegal use of controlled substances, alcohol, or prescribed medications; and
- Any other factor the court deems relevant.
The court can consider a child’s opinion if that child is at least fourteen years old and mature enough to express a preference.
Child Support in Napa
California follows specific guidelines and uses a complex mathematical calculation to determine parents’ monthly child support obligation. This formula is based in part on the following:
- The parents’ incomes;
- How much time each parent spends with the child; and
- Any tax deductions that are available to either parent.
The guideline applies in divorces, separations, paternity cases, and domestic partnership cases. A deviation from the guideline may be appropriate in certain situations.
Parentage in Napa
There are several reasons the parentage of a child should be legally recorded. One of the main reasons is to allow a child to receive any benefits or inheritance to which they may be entitled.
In California, the parentage of a child must be established unless:
- When a child is born during a marriage, the mother’s spouse is presumed to be the child’s other parent; and
- When a person is living with the child and mother in a family-like manner, and that person has demonstrated a commitment to the child, that person may be presumed to be the child’s other parent, even if they are not the actual biological parent.
Parentage can be established voluntarily or through a paternity action.
Contact an Experienced Napa Family Law Attorney
The Schoenberg Family Law Group, P.C. is available to answer your most pressing family law questions, whether they are concerning any of the above or another family-related topic. We can meet your unique needs whether they require courtroom litigation or another method of dispute resolution.
The Schoenberg Family Law Group, P.C. understands each family is different and will give your family the personalized attention and advice it deserves. Let us guide you through the family law process that best meets your goals.