Divorce is never easy. Even agreed divorces can escalate into complicated and contentious disputes, especially when assets and children are involved. The decisions you make during your divorce have the potential to affect your life and the lives of your children for years to come.
The Santa Rosa family law attorneys at the Schoenberg Family Law Group, P.C., understand families and family law disputes. Our goal is to offer you honest, practical solutions to your divorce problems. When possible, our skilled divorce attorneys resolve heated matters outside of the courtroom ratrher than in litigation.
Contact the Schoenberg Family Law Group, P.C. to discuss your divorce with attorneys who are:
- Respectful and compassionate;
- Distinguished in both mediation and trial dispute resolution; and
- Experienced in complex and high-asset divorce cases.
We can answer your most pressing divorce questions and help to set your mind at ease.
Our Santa Rosa Divorce Attorneys Can Help
An experienced divorce attorney is an invaluable asset that can save you time, money, and frustration. There is no reason to attempt tackling your divorce alone when you can have a team of professionals on your side. At the Schoenberg Family Law Group, P.C., we strive to protect your legal interests both during your divorce and well into the future.
It is crucial to the divorce attorneys that we:
- Reduce your stress by handling the legal aspects of your divorce;
- Ensure proper identification and valuation of marital assets for a fair property division;
- Examine your case for a potential spousal support claim;
- Retain needed experts to provide detailed evidence in court;
- Aggressively pursue your parenting plan;
- Correctly calculate any child support obligation; and
- Review your divorce documents for accuracy, clarity, and enforceability.
Speak with a divorce professional at the Schoenberg Family Law Group, P.C. today about your case. Your consultation will be scheduled at your convenience and kept completely confidential.
Residency Requirements for a Divorce in Santa Rosa
Santa Rosa, California has specific residency requirements for divorce. In California, one spouse must be a resident of the state for at least six months before filing for a divorce. That same spouse must reside in the county where they plan to file for a divorce a minimum of three months before the divorce.
No-Fault Divorce in Santa Rosa
California permits “no-fault” divorce. This means that a spouse may file for divorce without blaming the other spouse for the breakup of the marriage. Neither spouse is required to prove the other is at fault in any way for the divorce.
The filing spouse must only show irreconcilable differences or an irrevocable breakdown in the marriage for a court to grant the divorce.
Waiting Period for a Divorce in Santa Rosa
California has a mandatory six-month waiting period between filing for a divorce and the date a divorce is granted by the court. There are no exceptions to this rule, not even for an agreed divorce.
Property Division in Santa Rosa
California is a community property state. This means that without the benefit of a prenuptial or postnuptial agreement defining property rights and responsibilities in the event of a divorce, the court will divide the marital property and debts equally.
Separate property is not considered community property and, therefore, is not included in the division of marital property in a divorce.
A spouse’s separate property includes:
- All property owned by the spouse before marriage;
- All property acquired during the marriage by gift or inheritance;
- All rents, issues, and profits derived from the separate property; and
- All property is defined as separate by a valid prenuptial or postnuptial agreement.
Spousal Support in Santa Rosa
California allows for temporary, rehabilitative, permanent, and reimbursement spousal support. However, before spousal support can be awarded, one spouse must have financial needs, and the other must have the ability to pay.
The court reviews the following factors when it considers ordering spousal support:
- The length of the marriage or domestic partnership;
- The needs of each partner or spouse;
- The age and health of each party;
- How much income each one can earn and the earning capacity of each party;
- Whether one party’s career was affected by unemployment or by taking care of the children at home;
- Whether one spouse or partner helped the other get an education, training, career, or professional license;
- Whether there was domestic violence in the marriage or domestic partnership;
- Debts and property are both separate and marital;
- Whether there are minor children at home and if working outside the home would make it too hard to care for them;
- The history of the way the couple handled money during the marriage or domestic partnership; and
- The tax impact of spousal support (federal and state tax law does not recognize domestic partnerships).
Spousal support stops when any of the following occurs:
- A court order or judgment decrees;
- When one of the parties dies; or
- When the receiving spouse remarries.
Child Custody in Santa Rosa
In California, custody decisions are based on the best interests of the child. The best interests of the child include, but are not limited to:
- The health, safety, and welfare of the child;
- Any history of abuse by one parent or any person in a parent’s home;
- The nature and amount of contact with both parents; and
- The habitual or continual illegal use of controlled substances or alcohol by either parent.
The following may also influence a custody decision:
- Which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent;
- If custody is not to be awarded to either parent, then to the person(s) in whose home the child has been living in a wholesome and stable environment; and
- The person(s) deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.
The court has no gender bias in regards to a custody award.
Child Support in Santa Rosa
There is a set of statewide guidelines, including a mathematical formula, in California for calculating child support. Parents or the court can set a child support obligation. If parents create their own agreement, it still needs to meet California’s guideline requirements.
The guideline calculation takes the following and more into account:
- How much money the parents earn or can earn;
- How much other income does each parent receive;
- How many children the parents have together;
- How much time each parent spends with their child(ren);
- The actual tax filing status of each parent;
- Support of children from other relationships;
- Health insurance expenses;
- Mandatory union dues;
- Mandatory retirement contributions;
- The cost of sharing daycare and uninsured healthcare costs; and
- Other relevant factors.
Travel expenses, educational expenses, and special needs may also be included in child support calculations.
Contact an Experienced Santa Rosa Divorce Attorney
If you would like to discuss filing for divorce in Santa Rosa with an experienced Santa Rosa divorce attorney, call the Schoenberg Family Law Group, P.C. We have over thirty-five years of experience and focus solely on the practice of family law.
Do not trust your divorce to a multi-practice firm. At the Schoenberg Family Law Group, P.C., you will work with skilled and dedicated family law attorneys who know California divorce laws and how to best meet your divorce needs and goals.
Let the Schoenberg Family Law Group, P.C. answer your questions about any of the above divorce issues and more by reaching out to our Santa Rosa office today. Contact us online today.