San Jose, CA Family Law Attorney
Family law matters have the potential to be some of the most emotionally involved, stressful disputes of your life. Whether you’re negotiating the terms of a divorce, designating the terms of child custody, or agreeing on reasonable division of assets, each decision has a profound impact, affecting the family dynamic that may have already been established for years, if not decades.
Unfortunately, fully resolving all the aspects of a separation or divorce may take years – not counting any modifications you may need to make at a later time. If you require assistance in any matters of family law, contact the Schoenberg Family Law Group, P.C. We are compassionate, experienced professionals who have the knowledge and experience necessary to help ease the burden of the litigation process, giving you the peace of mind you truly deserve.
We Specialize in Family Law, And Only Family Law
For more than 30 years, the Schoenberg Family Law Group, P.C. has provided trustworthy legal counsel to clients through San Jose and Santa Clara County with family law proceedings of all types, including:
- Any matters of legal separation, including divorce, annulments, and prenuptial and postnuptial agreements
- Disputes involving child custody and support
- Any issues with division of property, including those in high-asset or complex divorces
Our San Jose attorneys only practice family law, giving you the specialized experience and insights necessary to help you according to your unique circumstances. We approach your needs with empathy and understanding, ensuring you are well-advised in this stressful, highly sensitive time.
Our Attorneys Represent Clients in San Jose, Regardless of Complexity
Even the most amicable separations can quickly turn complicated and contentious. The San Jose divorce attorneys at the Schoenberg Family Law Group, P.C. can provide valuable legal counsel through this potentially volatile process, ensuring that all of your needs and concerns are properly addressed. We have experience in all aspects of divorce, including:
- Understanding when mediation is necessary and useful
- Temporary orders for spousal support, custody matters, and division of assets
- Any proceedings regarding LGBT matters, such as domestic partnerships
- Providing advice for pre- and postnuptial agreements
- Any actions involving threats of domestic violence.
We take all of your concerns into consideration to ensure you receive the appropriate counsel and assistance to help you through the dissolution process.
Your Children Are Our Top Priority for our Family Law Attorneys
Determining child custody and visitation rights may be the most emotionally challenging aspect of family law. The Schoenberg Family Law Group, P.C. understands the serious ramifications of custody rights, taking a compassionate approach to any matters of custody. This includes:
- Determining custody
- Rights of paternity, including DNA testing
- Evaluating child support needs
- Distinguishing “legal” and “physical” custody
Ultimately, the safety and health of the children take top priority in all proceedings, and we ensure they receive the attention and support they deserve.
During any family law case in San Jose involving children, we put the children first. We use smart legal strategies and compassionate client care to help parents through difficult times. We can answer your questions about child custody, visitation and parenting plans in detail, lending you peace of mind. Through all legal matters, we focus on your child’s best interests including his or her mental, emotional, physical and psychosocial wellbeing.
If we do not believe something will be good for your child, we will not recommend it. We stand by our choices and how they impact the families we represent. Through full transparency and a passion for getting it right, we can help you and your child move forward after a divorce, separation, custody battle or another family law case. Our lawyers understand the San Jose & surrounding Bay Area courts and help you make decisions according to the standard of what is in the child’s best interest.
Our Family Lawyer in San Jose Make Sure Property Division is Fair For You
Dividing a couple’s assets may seem fairly straightforward on paper, but in reality, it can be considerably more complicated. The Schoenberg Family Law Group, P.C. is well-versed in all financial matters involved in a divorce or separation, including:
- Complex property division
- Retirement portfolios
- Debts such as loans
- Spousal support
- Pre- and postnuptial agreements
- Business/professional valuations
- Property division among domestic partners or other unmarried clients
We evaluate your financial state and prioritize your needs to protect your financial health even after separation.
We Protect Family Rights
At the Schoenberg Family Law Group, P.C, we protect the rights family members have under California law. We help the clients we represent understand their rights, as well as how to exercise them during settlement negotiations and trials. Whether you come to us for assistance with a custody case or domestic violence, we can provide tailored legal advice that suits your unique needs. Our attorneys protect family rights in California at every turn.
- Parental rights. Each parent has a right to seek custody and visitation during a divorce case. Our lawyers can help you build a strong and convincing case for custody if your case has to go to trial. We can also help you and your ex-spouse work together during mediation to create a parenting plan of your own before a judge has to intervene.
- Grandparent rights. California law allows grandparents to lawfully have visitation rights with grandchildren in certain situations. If the child’s parents are living apart, have passed away, have divorced or have abandoned the child, grandparents can petition the courts for the legal right to child visitation.
- Interests of a child. State courts in California put children’s interests above everything else in family law cases. When ruling on a case, a judge will assess which option will provide for the health, safety and welfare of the child. In general, the courts believe children are better off remaining in contact with both parents.
No matter what elements or factors your family law case involves, contact a lawyer for assistance. Our attorneys can help you protect any custody, visitation or other legal rights you may have. A lawyer can also help you seek child support payments after a divorce, if applicable. We offer free consultations to anyone who needs answers about family laws in San Jose they can trust.
Restraining Orders and Domestic Violence in San Jose
Our family law attorneys do not only handle divorce and custody cases – we also help clients with issues such as domestic violence and seeking restraining orders. Sadly, many divorce and family law cases involve domestic violence. If your spouse physically, verbally or emotionally abused you or your child, we can help you seek a divorce while protecting yourselves from further violence. Our attorneys can handle the process of obtaining a domestic violence restraining order on your behalf.
A domestic violence restraining order in California is a court order that can protect victims from abuse or the threat of abuse. It can require the perpetrator to keep a certain distance from you at all times, as well as to halt all communications and interactions with you and your children. If you and the offender still live in the same household it can also force him or her to move out. You have the right to request a protective order if the offender abused you (or threatened to) and is someone you have a close relationship with. If you do not qualify for a domestic violence restraining order, our lawyers may be able to help you obtain a different type of order, such as a civil harassment restraining order.
If your divorce and/or custody case involves domestic violence, we can help you present your version of events to the courts. Domestic violence may be a reason for the courts to award you custody instead of your spouse. Although California is a no-fault state, meaning you do not have to prove domestic violence is the reason for the breakup, showing proof of domestic violence or a history of abuse could have certain benefits for you and your family. Learn more during a consultation with our attorneys.
San Jose Visitation Rights and Custody Agreements
One of the many family law tasks we can help your family with is child custody. Our San Jose family lawyers understand California’s custody laws and how to navigate them on behalf of parents. We can give you the basics and let you know how we may be able to strengthen your claim to custody or visitation. Our attorneys know which factors a judge in California may examine when making a custody determination.
- Relationships between the child and each parent
- The lifestyle to which the child is accustomed
- The child’s connections to the school, church and community
- Either parent’s history of addiction, crime or domestic violence
- The age of the child (and his or her wishes, if old enough)
- The child’s health and needs
- Both parents’ abilities to care for the child
The two types of custody orders are physical and legal. Physical custody means the child is physically living with you, while legal custody is the parental right to make important decisions for your child. A judge may award you joint or sole custody of your child. Joint custody means you will share physical and/or legal custody with your ex-spouse. A joint custody arrangement often involves one parent with primary custody and the noncustodial parent having the child on specific days only, such as on the weekends.
Custody does not automatically go to either one parent or the other in California. If you and your spouse cannot work out a parenting plan on your own or with help from a mediator, a judge will carefully analyze both sides of the case as well as the best interests of the child. The judge will create a custody arrangement or visitation plan according to what he or she believes is best for the child. The judge’s decision will be final unless the circumstances significantly change in the future.
Bay Area Family Law Cases
The Schoenberg Family Law Group, P.C. has exclusively practiced family law for decades. We have all the experience and resources you need for powerful legal representation during any type of family law case. One of our main practice areas is divorce law. We know no couple plans on getting a divorce, but we also know things change. If you are ready to start the divorce process, call us to learn how we can make your claim more efficient or successful.
No matter what season your family is going through, we can help you come to terms with the changes it brings. Our lawyers offer valuable legal advice to couples and individuals going through divorce, legal separation, annulment and many other family law matters.
When You Need a Divorce in San Jose
An attorney is not a necessity for every divorce case in California. The family courts do not require any petitioner or party to hire legal representation. It might be in your best interests to retain a divorce attorney in San Jose, however, if you have a complicated, difficult or high-value case. You may also want to hire a lawyer to protect your rights, or if you find out that your ex-spouse has hired one. A San Jose, California divorce lawyer will stand by your side through each phase of the claims process, guiding you toward what will help your case each step of the way.
Contact Us For San Jose Family Law Matters
The Schoenberg Family Law Group, P.C. has been serving residents of San Jose and throughout Santa Clara County in their family law matters successfully. Our experienced professionals represent clients with their best interests in mind, ensuring they receive the best outcomes in their family law proceedings.
We establish full transparency with our clients, ensuring you are fully aware of your options. If you have any questions or concerns about matters of divorce, custody, property division, or any other family law matter, please do not hesitate to call us at (415) 213-2651.