Palo Alto Family Lawyer

Palo Alto family law representation from a firm admitted to the California State Bar since 2003.

If a family law matter in Palo Alto, CA has reached the point where you need an attorney, how you handle the early stages will affect the final outcome. Schank Family Law’s Palo Alto, CA family lawyer has practiced California family law since 2003, representing clients in divorce, custody, support, and property disputes throughout Santa Clara County. Contact us to request a free case evaluation.

Family Lawyer Palo Alto, CA

Palo Alto family law matters cover the full range of issues addressed under the California Family Code, from divorce and custody to support and property division. Cases here often involve assets that require careful analysis to value accurately, including real estate, retirement accounts, stock compensation, and business interests. Custody arrangements can become complicated when both parents carry significant professional responsibilities or when work schedules create genuine disagreements about time-sharing. Support disputes may depend on how investment income is characterized or what a fair earning capacity figure looks like for a spouse who reduced their hours during the marriage.

California family law governs all of these matters through the California Family Code, and courts have significant discretion in how they apply it. Family law cases for Palo Alto residents are filed and heard through the Santa Clara family division, with proceedings held at the Family Justice Center Courthouse in San Jose.

Types of Family Law Cases We Handle in Palo Alto

Schank Family Law handles the full range of family law matters for Palo Alto clients. The case types we handle most frequently include the following:

• Property Division. Palo Alto real estate values, equity compensation, and investment portfolios make property division one of the most consequential aspects of any local divorce. California’s community property rules divide assets acquired during the marriage equally, but determining what is community versus separate often requires tracing financial records back years. When both spouses hold RSUs or stock options from different employers with different vesting schedules, the analysis becomes detailed quickly.
• Divorce. We represent both petitioners and respondents in contested and uncontested divorce proceedings. California requires no showing of fault, and either spouse can file on the grounds of irreconcilable differences. Property, 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 decisions are made against the child’s best interest standard. The distinction between residential vs. sole custody is one many clients get wrong before speaking with an attorney.
• Child Support. California uses a statewide guideline formula based on each parent’s income and time with the child. We represent paying and receiving parents in establishing, modifying, and enforcing support orders. When one parent’s income includes equity compensation that fluctuates year to year, establishing a fair income figure for support purposes requires careful financial review.
• Alimony. Support disputes involve both a temporary phase governed by a formula and a permanent determination governed by fourteen statutory factors. The earning capacity analysis in Palo Alto cases is often significant: courts assess not just what a supported spouse currently earns but what they are realistically capable of earning given their education and work history.
• Domestic Violence Restraining Orders. These orders carry immediate consequences for custody, housing, and firearms access. We represent both petitioners seeking protection and respondents contesting allegations. That restraining order process involves several distinct stages, each with procedural requirements that affect the outcome.
• Custody Modifications. When an existing order no longer reflects a child’s needs or a parent’s circumstances, either party can petition to modify it. Courts require a showing of material change in circumstances, and the standard is strictly applied.
• Legal Separation. For couples who want to resolve property, support, and custody without formally ending the marriage, legal separation produces enforceable orders while preserving marital status. It is commonly used when one spouse needs to maintain coverage under the other’s health insurance.
• 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.

Why Choose Schank Family Law for Family Law in Palo Alto, CA?

Two Decades of Results Across California Family Law

Christian Schank founded Schank Family Law and has been a member of the California State Bar since June 2003. He earned his undergraduate degree at Brigham Young University and his law degree at the University of La Verne College of Law. His practice has concentrated on California family law from the outset, across the full spectrum of cases the field involves.

The firm has handled cases for professional athletes from the MLB and NFL, seven-figure business owners, and clients with assets in multiple countries. Results have included securing a temporary spousal support award exceeding $60,000 per month and successfully negotiating custody, visitation, and child support in a multi-athlete case. Christian carries a Martindale-Hubbell AV rating and has been recognized through the Quality Business Awards among the top 1% of American businesses in its category with a quality score above 95%.

No attorney consultation is offered at no charge, but every prospective client can request a free case evaluation through an intake specialist. Cases are handled on an hourly retainer with no flat fees or contingency arrangements.

What Is Important to Understand About Family Law Cases?

California Family Law Fundamentals

A few core legal concepts apply across virtually every family law matter filed in Santa Clara County. Understanding them before your case begins prevents decisions that are difficult to reverse later:

• No-fault divorce. California courts do not weigh marital misconduct when dividing property or awarding support. Either spouse can file for divorce without proving wrongdoing.
• Community property. Most assets and debts acquired during the marriage belong equally to both spouses. What each party owned before the marriage or received as a gift or inheritance is generally that party’s separate property.
• Best interest of the child. All custody decisions are evaluated against this standard. Courts consider 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.
• Mandatory financial disclosure. Both parties must exchange complete Preliminary Declarations of Disclosure at the start of every divorce case. These filings are mandatory and their accuracy carries consequences throughout the proceeding.

What Are Important Aspects of a Family Law Case?

Early decisions carry more weight than most clients expect. Temporary orders for custody and support are set while the case is still pending, and courts are reluctant to disrupt arrangements that have been in place for months, even when those arrangements were established under imperfect circumstances.

Documentation is the foundation of every contested family law case. Pay stubs, tax returns, equity grant agreements, vesting schedules, and property records determine what each party walks away with. Adverse childhood experiences and their role in family law proceedings is one area where documentation of a child’s history can also become relevant to custody arguments.

When domestic violence occurs, the entire case changes. California law presumes that a parent who has committed domestic violence should not have sole or joint custody, and rebutting that presumption requires specific evidence and legal argument. Understanding who qualifies for protection before filing or responding to any such proceeding matters for both sides.

What Is the Family Law Case Timeline?

How long a family law case takes depends on what the parties disagree about and how complex the financial picture is. 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. The six-month clock starts from the date of service.
• Temporary orders. Either party can request interim orders for custody, support, or use of assets while the case is pending. How these hearings go often sets the tone for the remainder of the case.
• Financial disclosure. Both parties serve Preliminary Declarations of Disclosure within mandatory deadlines. These filings are required and form the factual foundation for all property and support arguments.
• Negotiation or mediation. Most cases settle before trial once both sides have reviewed the complete financial picture and have realistic expectations about what a court would order.
• Final judgment. The court resolves all remaining issues. The divorce cannot be finalized until six months have passed from the date the respondent was served.

What Should You Bring to Your Family Law Consultation?

The more organized your financial picture is before the consultation, the more specific our guidance can be. Gather the following before your appointment:

• Tax returns for the past two to three years for both spouses, if available
• Recent pay stubs and documentation of any equity compensation, including grant agreements and vesting schedules
• A list of all assets and debts, including real estate, retirement accounts, investment accounts, and any 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 California law applies to your specific 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 Palo Alto residents locate applicable law and court procedures:

• The Santa Clara County Family Division handles all family law proceedings for Palo Alto residents, including divorce, custody, support, and restraining order matters.
• The Santa Clara self-help page provides procedural information, court forms, and guidance 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 Palo Alto, CA involve decisions about property, parenting, and finances that carry consequences well beyond the proceedings themselves. Schank Family Law handles the full range of family law matters for clients throughout Palo Alto and Santa Clara County. Contact us to request a free case evaluation.