Schank Family Law
Highly-Qualified Family Law Attorneys
Proudly Serving California for Over 20 Years
What Sets Us Apart From The Rest?
Simply put, our dedication to our clients. Our business depends on satisfied clients. Your case, however small, is extremely important to you. It only stands to reason that we handle it to the absolute best of our abilities. Given our team’s experience and the resources we have at our disposal, other firms cannot keep pace with what we do.
Let Us Do the Heavy Lifting
Let’s face it, family law matters can be extremely stressful and painful. On top of the impact these matters have on the lives of you and your loved ones, the legal proceedings can be daunting and quite difficult to navigate. Here at Schank Family Law, we specialize in these matters and can provide a buffer between our clients, opposing parties and the family law courts. Let us give you peace of mind knowing that your best interests are being served and that every facet of your case is being handled by seasoned professionals from start to finish.
Practice Areas
Divorce
Whether your divorce is amicable or deeply contested, having a skilled attorney in your corner ensures your rights are protected and your future is secure. Our divorce lawyers bring over 20 years of California family law experience to every case, guiding you from the first filing to the final judgment.
Child Support
Every child deserves consistent financial support from both parents, and our attorneys ensure that California’s support guidelines are applied accurately and fairly in your case. We also handle enforcement actions and modifications when income or circumstances have changed.
Restraining Order
If you are in danger, a Domestic Violence Restraining Order can provide immediate legal protection, and our attorneys move quickly to help you get it. We also represent those who have been served with a DVRO they believe is false or exaggerated, ensuring that every client’s rights are vigorously defended.
Child Custody
When it comes to your children, we leave nothing to chance. Our custody attorneys build strategic, evidence-backed cases focused entirely on protecting your parental rights and your child’s best interests. We handle everything from initial custody orders and parenting plans to contested hearings and emergency custody modifications.
Spousal Support
Spousal support determinations can have a significant long-term financial impact on both parties, and California courts weigh numerous factors when setting the amount and duration. Our attorneys advocate for fair, accurate support arrangements, whether you’re seeking support or defending against an unreasonable demand.
What Our Clients Are Saying
About Us!
Team of Family Law Strategists
Meet Our Team
Christian L. Schank
Derek Austin
Dr. Thomas Allison, Esq., DPA
Eric Nakasu
Karissa Piralla
Kelsey R. Martin
Kyle Vogel
Mariana A. Hevia-Cockrell
Neelam Kahlon-Pfister
Sara E. Sanchez
Tyler Gesbeck
Vanessa Estrada
Learn From A California Family Law Attorney
Steps to Take During the Divorce Process
Divorce is one of the most significant legal events a person can go through. Understanding what to expect, and taking the right steps early, can make a profound difference in the outcome of your case. Here is a general overview of the divorce process in California and what you should do to protect yourself.
Step 1: Consult with a Family Law Attorney
Before filing any paperwork, speak with a qualified California family law attorney. An attorney can explain your rights regarding community property, child custody, spousal support, and more. Many people are surprised to learn that decisions made early in the process, such as moving out of the family home or making large financial transactions, can affect the outcome of their case significantly. A free case evaluation with Schank Family Law is a good first step.
Step 2: Gather Your Financial Documents
California is a community property state, meaning most assets and debts acquired during the marriage are owned equally by both spouses. To ensure a fair division, you will need documentation such as bank statements, tax returns, mortgage information, retirement account statements, and records of any business interests. The more organized you are from the start, the smoother the process will be.
Step 3: File the Petition for Dissolution of Marriage
One spouse (the petitioner) files a Petition for Dissolution of Marriage with the family court in the county where either spouse has lived for at least three months. The other spouse (the respondent) must be formally served with the divorce papers and has 30 days to respond.
Step 4: Address Temporary Orders
While the divorce is pending, either party may request temporary court orders covering child custody, child support, spousal support, or use of the family home. These temporary orders remain in place until the divorce is finalized and are critical for maintaining stability during the process.
Step 5: Attend Mediation if Required
California courts require mediation for child custody and visitation disputes before they go in front of a judge. Mediation gives both parties an opportunity to reach a mutually agreeable parenting plan without litigation. Schank Family Law has experienced mediation attorneys who can help facilitate productive, solutions-focused conversations.
Step 6: Negotiate a Settlement or Go to Trial
The majority of divorce cases in California are resolved through negotiated settlement agreements rather than trial. However, when spouses cannot agree on issues like property division, custody, or support, the matter goes before a judge. Having an experienced litigator on your side is invaluable at this stage.
Step 7: Finalize the Divorce Judgment
Once all issues are resolved, either by agreement or court ruling, the final judgment of dissolution is entered. California’s mandatory six-month waiting period must have passed before the divorce can become final. After the judgment is entered, you are legally single and the terms of your agreement or court order become binding and enforceable.
Frequently Asked Questions
How long does a divorce take in California?
In California, there is a mandatory six-month waiting period from the date your spouse is served before a divorce can be finalized. However, the total timeline depends heavily on the complexity of your case. Uncontested divorces with no disputed assets or custody matters can be resolved relatively quickly after that period. Contested cases involving property division, child custody, or spousal support disputes may take considerably longer, sometimes a year or more. At Schank Family Law, we work diligently to move your case forward as efficiently as possible while protecting your rights every step of the way.
How is child custody determined in California?
California courts determine child custody based on the best interests of the child. Judges consider factors such as each parent’s ability to provide a stable home environment, the child’s existing relationship with each parent, any history of domestic violence or substance abuse, and the child’s age and health. Both legal custody (decision-making authority) and physical custody (where the child lives) are addressed in every case. Courts generally encourage co-parenting arrangements when both parents are fit and willing. The attorneys at Schank Family Law are skilled at building custody strategies that prioritize your child’s well-being while safeguarding your parental rights.
What is the difference between legal separation and divorce in California?
Legal separation and divorce both involve the court dividing property and addressing custody and support issues, but they have one key difference: a legal separation does not end the marriage. Couples who legally separate remain married under the law, which means neither party can remarry. Some couples choose separation for religious reasons, to maintain health insurance benefits, or because they are not yet certain they want to permanently end the marriage. Divorce, on the other hand, fully dissolves the marital relationship. Both processes can be emotionally and legally complex. Schank Family Law can help you evaluate which option best fits your unique situation and goals.
Can I modify a child support or custody order after it has been finalized?
Yes. In California, child support and custody orders can be modified when there has been a significant change in circumstances since the original order was issued. Common reasons to seek a modification include a change in either parent’s income, a relocation, a change in the child’s needs, or concerns about the child’s safety or welfare. The process requires filing a formal request with the court and demonstrating that the change in circumstances justifies a new order. Modifications are not automatic and must be approved by a judge. The experienced attorneys at Schank Family Law regularly handle post-judgment modifications and can guide you through the process efficiently.
Do I need an attorney for my divorce, or can I handle it myself?
While California does allow individuals to represent themselves in a divorce, doing so carries significant risks, especially when children, real estate, retirement accounts, or business assets are involved. Mistakes in paperwork, missed deadlines, or poorly negotiated agreements can have long-lasting financial and legal consequences that are difficult or impossible to undo. Our experienced family law attorneys ensure your rights are protected, that all assets are properly identified and valued, and that any agreements reached are legally sound and enforceable.
Mr. Thomas Allison was always very compassionate and understanding. Was available to set up a call if necessary or answer our emails without hesitation. He guided us through all the steps, explaining everything with patience and very supportive.
Mr. Allison was always very professional and everyone at Schank & associates very helpful.
We were a provided an excellent experience. We greatly appreciate all that was done to help us through this very difficult time and process. We highly recommend Mr. Thomas Allison and Schank & Associates.
Gilbert & Angelina A
That said, Stephany Mejia truly deserves special recognition. She has stood out to me in ways I didn't even know I would need during this process. I am going through an extremely challenging child custody and domestic violence situation, and this has been one of the hardest things I have ever experienced.
From the very beginning, Stephany has been consistently supportive, responsive, compassionate, and on top of everything. She has taken the time to explain things, check in, and make sure I felt supported and informed every step of the way. During moments when I felt overwhelmed, scared, or unsure, Stephany was there and that meant more to me than I can properly put into words.
I truly don't know how I would have gotten through this process without her support. She has been a steady, calming presence during an incredibly emotional and stressful time, and I am beyond grateful for her dedication and care.
If you are looking for a family law office with a strong, capable team and a paralegal who genuinely goes above and beyond, I highly recommend Schank Family Law and especially Stephany Mejia.
That said, Stephany Mejia truly deserves special recognition. She has stood out to me in ways I didn’t even know I would need during this process. I am going through an extremely challenging child custody and domestic violence situation, and this has been one of the hardest things I have ever experienced.
From the very beginning, Stephany has been consistently supportive, responsive, compassionate, and on top of everything. She has taken the time to explain things, check in, and make sure I felt supported and informed every step of the way. During moments when I felt overwhelmed, scared, or unsure, Stephany was there and that meant more to me than I can properly put into words.
I truly don’t know how I would have gotten through this process without her support. She has been a steady, calming presence during an incredibly emotional and stressful time, and I am beyond grateful for her dedication and care.
If you are looking for a family law office with a strong, capable team and a paralegal who genuinely goes above and beyond, I highly recommend Schank Family Law and especially Stephany Mejia.
Get In Touch
"*" indicates required fields
By clicking Submit, you opt-in for our firm to contact you. You can opt-out any time by replying Stop.Sending us information does not create an attorney-client relationship.
Privacy PolicyTerms of Use