Family law representation grounded in over 20 years of practice and recognition from Martindale-Hubbell.
If you are facing a family law matter in Mountain View, CA, the decisions made now will shape your finances and your family life for years, and having a dedicated and experienced attorney can make a difference in your outcome. Our Mountain View, CA family lawyer at Schank Family Law has handled California family law cases for more than two decades, representing clients on both sides of the most difficult disputes in Santa Clara County. Contact us to request a free case evaluation.
Family Law Lawyer Mountain View, CA
Family law covers every legal matter arising from marriage, parentage, and domestic relationships. Divorce, child custody, child support, spousal support, property division, domestic violence restraining orders, and guardianship are all family law matters. So is modifying an existing order years after the original judgment, or enforcing an order against a party who has stopped complying.
Mountain View sits in the heart of Santa Clara County’s technology corridor. That context matters in family law cases. High equity compensation, deferred stock, and partnership interests are common assets here, and they require more careful analysis than standard wage income. Family law cases for Mountain View residents are filed and heard through the Santa Clara family division, with hearings held at the Family Justice Center Courthouse in San Jose.
Types of Family Law Cases We Handle in Mountain View
Schank Family Law handles the full range of family law matters for Mountain View clients. The case types we handle most frequently include the following:
- Divorce. We represent both petitioners and respondents in contested and uncontested divorce proceedings. California is a no-fault state, and either spouse can file on the grounds of irreconcilable differences. Property division, support, and custody are all resolved as part of the case.
- Child Custody. Courts determine both legal custody, covering decision-making authority, and physical custody, covering where the child lives. All custody determinations are guided by the best interest of the child standard. Modifying custody orders after a prior judgment requires showing a material change in circumstances and presenting it correctly to the court.
- Child Support. California calculates child support using a statewide guideline formula based on each parent’s income and time spent with the child. We represent paying and receiving parents in establishing, modifying, and enforcing these orders.
- Alimony. Support disputes involve two distinct frameworks: temporary support while the divorce is pending, calculated by formula, and permanent support at judgment, determined by weighing fourteen statutory factors. We handle both, along with post-judgment modifications when financial circumstances change.
- Property Division. Community property rules divide most assets acquired during the marriage equally. In Mountain View, disputes often center on stock compensation. When RSUs, options, or grants span the period before and during marriage, determining what portion is community property requires tracing vesting schedules against the date of marriage and date of separation.
- Domestic Violence Restraining Orders. We represent both parties in these proceedings. A restraining order affects custody, housing access, and firearms rights, and the consequences on both sides warrant careful legal attention. The California domestic violence definition is broader than most people expect, and understanding it matters before either side takes a position at a hearing.
- Custody Modifications. When an existing custody order no longer reflects a child’s needs or a parent’s circumstances, either party can petition to modify it. The custody modification process in California helps clients know what evidence is required and what standard the court applies.
- Guardianship. When a child cannot be cared for by a parent and another adult seeks legal authority over the child, a guardianship petition is filed through the court. We represent petitioning parties in Santa Clara County.
- Fathers’ Rights. California law does not favor either parent based on gender. Fathers who are consistently involved in their children’s lives have the same standing as any parent, and we advocate to ensure that involvement is reflected in parenting plans and court orders.
- Legal Separation. Legal separation resolves property, support, and custody issues without ending the marriage. It is an option for couples who cannot yet meet California’s residency requirements to divorce, who need to maintain shared health insurance, or who have religious objections to divorce.
Why Choose Schank Family Law for Family Law in Mountain View, CA?
Over Twenty Years of California Family Law
Christian Schank founded Schank Family Law and has been admitted to the California State Bar since June 2003. He completed his undergraduate degree at Brigham Young University and earned his law degree at the University of La Verne College of Law. His practice has focused on California family law since his admission to the bar, across the full range of cases the practice area involves.
The firm has represented professional athletes, seven-figure business owners, and clients with international assets. Results have included securing a temporary spousal support award exceeding $60,000 per month and successfully negotiating custody, visitation, and child support in a case involving players from both the MLB and NFL. Christian carries a Martindale-Hubbell AV rating, and the firm has been recognized through the Quality Business Awards among the top 1% of American businesses in its category with a quality score above 95%.
We do not offer complimentary attorney consultations. A free case evaluation is available through an intake specialist, and all matters are handled on an hourly retainer.
What Is Important to Understand About Family Law Cases?
Grounds for Divorce and Key Legal Concepts in California
California family law is governed by the California Family Code. The following concepts apply across nearly every family law matter filed in Santa Clara County:
- No-fault divorce. Courts do not consider fault when dividing property or awarding support. Either spouse can file, and misconduct during the marriage does not affect the financial outcome.
- Community property. Most assets and debts accumulated during the marriage belong equally to both spouses. What each party owned before the marriage, or received as a gift or inheritance, is generally separate property and stays with the original owner.
- Best interest of the child. Every custody determination is evaluated against this standard. Courts weigh the child’s health and safety, each parent’s relationship with the child, any history of domestic violence, and the stability each parent can provide.
- Financial disclosure. Both parties must exchange complete Preliminary Declarations of Disclosure early in every divorce case. The accuracy of those filings shapes how the court views each party’s credibility throughout the proceeding.
What Are Important Aspects of a Family Law Case?
The practical dimensions of a case often matter as much as the legal ones. A few things consistently affect outcomes in Mountain View family law proceedings.
Early temporary orders set the tone. What gets established at the temporary hearing for custody and support tends to carry forward. Courts are reluctant to disrupt arrangements that have been in place for months, even when those arrangements were set under imperfect circumstances. Getting the right orders from the start is not just a short-term concern.
A strong parenting plan prevents many of the disputes that bring families back to court. Investing time in building a parenting plan at the outset, with sufficient detail about schedules, decision-making, and communication, reduces ambiguity that would otherwise become contested later. In high-income cases, financial complexity adds another layer. Clients who understand what modification requires before they face it make better early decisions than those who discover the standard after the fact.
Domestic violence history, when present, affects the entire case. California law presumes that a parent who has committed domestic violence should not have sole or joint custody. Rebutting that presumption requires specific evidence and legal argument. On the other side, false allegations are raised in family law cases more often than courts would prefer, and defending against them requires a different strategy.
What Is the Family Law Case Timeline?
California imposes a mandatory six-month waiting period between service and divorce finalization. Most cases take longer than that, and contested matters in Santa Clara County can extend well beyond a year. Cases generally move through the following stages:
- Filing and service. One party files and serves the other. The respondent has 30 days to file a Response, and the six-month clock begins from service.
- Temporary orders. Either party can request immediate orders for custody, support, or use of assets while the case is pending.
- Financial disclosure. Both parties serve Preliminary Declarations of Disclosure within mandatory deadlines covering income, expenses, assets, and debts.
- Negotiation or mediation. Most cases settle before trial once both sides have complete financial information and realistic expectations about the outcome.
- Final judgment. The court resolves all remaining issues. The divorce cannot be finalized until six months have passed from the date of service.
What Should You Bring to Your Family Law Consultation?
The more documentation you bring, the more specific and useful the consultation will be. Gather the following before you come in:
- Tax returns for the past two to three years for both spouses, if available
- Recent pay stubs and any documentation of equity compensation, including vesting schedules
- A list of all assets and debts, including real estate, bank and investment accounts, retirement accounts, and business interests
- Any existing court orders related to custody, support, or restraining orders
We will review what you bring and give you a direct assessment of how the law applies to your situation.
What Are Important California Legal Resources for Family Law Cases?
California family law is governed by the California Family Code. The following resources can help Mountain View residents locate applicable law and court procedures:
- The Santa Clara County Family Division handles all family law proceedings for Mountain View residents, including divorce, custody, support, and restraining order matters.
- The Santa Clara self-help page provides procedural information, forms, and court resources for self-represented parties.
- The full California Family Code is searchable through the California Legislative Information website.
Reach Out to Schank Family Law to Schedule a Consultation
Family law cases in California carry consequences that extend well beyond the proceedings themselves. Schank Family Law handles the full range of family law matters for clients throughout Mountain View, CA, from uncontested divorces to complex contested proceedings. We offer a free case evaluation so you understand your position before committing to a course of action. Contact us to get started.
