Palo Alto Divorce Attorney
At The Schoenberg Family Law Group, P.C., our attorneys will help you confront the seriousness of a broken marriage and the concerns you hold for your future. Whether your focus is protecting your children, achieving a just financial outcome, or navigating the divorce process efficiently, our legal team is here for you.
We are experienced in all areas of divorce and able to represent you in the following confidently:
- Legal separation;
- Visitation and parenting time;
- Child custody and support;
- Division of marital property, debts, and assets; and
- Spousal support
The Schoenberg Family Law Group, P.C., will assist you in making practical, well-informed decisions to achieve your most essential divorce goals. Allow us to serve your best interests and aggressively defend your most valuable assets.
Grounds for Divorce in Palo Alto, California
California allows a divorce due to irreconcilable differences or an irrevocable breakdown of the marriage. Neither party is at fault for the divorce, and either party may end the marriage regardless of any desires of the other spouse to stay together.
There are residency requirements to obtain a divorce in California. One spouse must reside in California for at least six months before filing the divorce petition. That spouse must live in the county where they file the divorce petition for at least three months before filing.
After filing and serving a divorce petition on the other spouse, there is a minimum six month waiting period for the finalization of a divorce by the court.
Legal Separation in Palo Alto
Legal separation and divorce are similar. They both require property, debt, and asset division, as well as child custody and visitation plans. However, an order for legal separation does not permit parties to remarry.
The advantage of a legal separation is that unlike divorce, there are no residency requirements.
Summary Dissolution of Marriage
California permits a summary dissolution when spouses were married less than five years, are without children and real estate and possess limited assets and debts. A summary dissolution requires spouses to create a property and debt agreement and file it together with their joint divorce petition and relevant court documents. There is still a six month waiting period for a divorce decree; however, a summary dissolution is less complicated and rarely requires an appearance before a judge.
The Divorce Process in Palo Alto, California
When spouses do not qualify for a summary dissolution, the divorce process generally takes the following course:
- One spouse, the Petitioner, files and serves a divorce petition on the other spouse, the Respondent;
- The Respondent files a response to the Petition within thirty days;
- The spouses begin the discovery process of exchanging information and documents relevant to the divorce including a
- Preliminary Declaration of Disclosure;
- After completing discovery, the spouses and their attorneys discuss a settlement;
- If there is a settlement, one of the attorneys prepares a Marital Settlement Agreement that is signed by the spouses and their attorneys;
- If there is no agreement on any or all of the issues, the parties go to trial for a resolution of all outstanding matters;
After the divorce case, one of the attorneys prepares a Judgment of Dissolution of Marriage.
Annulments in Palo Alto
Although rare, some couples qualify for and choose to pursue an annulment. Annulment effectively erases a marriage.
An annulment is obtainable for the following reasons:
- Lack of informed consent to the marriage
- Unsound mind
- Force, unless afterward the party who was forced into the marriage freely cohabited with the other party as husband and wife; or
- Either party, at the time of the marriage, was physically incapable of consummating the marriage, and the incapacity appears incurable
Mediation in Palo Alto
Mediation is a casual, non-adversarial means to solve divorce issues such as property division, spousal support, child support, child custody, and visitation. Spouses meet together with a mediator in the hopes of creating a fair and agreeable settlement to all of their marital issues.
Children and Divorce
California requires divorcing parents to attend custody and visitation mediation. The Court provides a qualified mediator to help parents create a custody and visitation plan in the best interests of their children. No agreement in mediation is an official court order until the court approves it.
In California, it is both parents’ obligation to support their minor children. The incomes of both parties, which parent has custody of the children, and how much time the non-custodial parent has with the children, determine child support. A unique computer formula assists in calculating support for minor children.
Schedule Your Confidential Case Review with The Schoenberg Family Law Group, P.C.
When confronting divorce or any other family law problem, it is essential to find a dependable attorney to present all angles of your case and all of your viable options. At The Schoenberg Family Law Group, P.C., our professionals will inform and support you through every step of your divorce. We will build the most compelling case possible for your position and strive to meet your individual goals.
Schedule a confidential case review with one of our attorneys today. We will answer your most pressing legal questions and make a plan for your future.