The decision to get divorced can be a difficult one; especially if you are unsure of how you are going to financially support yourself after severing ties from your former spouse. On the other hand, you might be wondering what you may owe your spouse during and after the divorce. These questions of alimony and spousal support can be difficult and complex, so it is important to consult a knowledgeable San Jose spousal support attorney; especially the attorneys at Lonich Patton Ehrlich Policastri.
What is Spousal Support?
Sometimes after a divorce, there is a financial gap or disparity left between the two former spouses with one spouse making substantially more than the other. Spousal support, also sometimes referred to as “alimony,” seeks to correct that by helping the supported spouse maintain the same standard of living established during their marriage.
In its most basic definition, it is payments made from one spouse to the other. In other words, the financially stronger spouse makes payments to the supported spouse that follow the amount of money and time frame ordered by the court during the divorce proceedings.
What Types of Spousal Support Are There?
A party can ask for spousal or partner support to be paid while their case is still ongoing. There are two types of support that are awarded by the court.
The first type of support orders is called a “temporary spousal support order.” The goal with a temporary order is that the supported party will eventually become financially self-sufficient within a reasonable period of time.
The second type of support order that could be awarded is “permanent support” or “long-term support.” A permanent order can also be ordered by a judge once the divorce becomes final.
How is Support Calculated?
For temporary support, judges generally use a formula to calculate the amount.
On the other hand, judges consider a number of different factors to determine a final support order for a permanent spousal support. These factors include: the earning capacity of both parties and standard of living established during the marriage, the length of the marriage, and any evidence of domestic violence. If the court refuses to make an award of spousal support, the reason may be attributed to the dual careers of the couple and each party’s income earning potential.
How Does One Go About Getting Support?
If you or a loved-one are going through a divorce and would like more guidance through the process, including petitioning for support and alimony, please contact a San Jose spousal support attorney at Lonich Patton Ehrlich Policastri. Our firm offers free 30-minute consultations to new clients.
Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
https://www.lpeplaw.com/wp-content/uploads/2019/09/counting-3125587_1920.jpg10791920Lonich Patton Ehrlich Policastrihttps://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.pngLonich Patton Ehrlich Policastri2019-09-20 01:21:552019-09-20 01:21:58Spousal Support Attorney, San Jose, CA
When an individual is appointed to be the executor of an estate, they are entrusted with many duties and responsibilities. The executor is required to act for the estate using ordinary care and diligence. It is important, especially in estate planning, to know the difference between an executor of an estate and a power of attorney.
What Is The Difference Between An Executor Of An Estate vs Power Of Attorney?
It is important when it comes to estate planning to know the difference between an executor of an estate vs power of attorney. An executor is the individual who is responsible for managing all affairs of an estate of an individual who has died. A power of attorney is an individual selected and specified on a legal document that that individual has the authority to act for another individual in legal or financial matters.
What Is An Executor’s Responsibility With Estate Taxes?
The executor has a fiduciary duty to pay the estate’s taxes when there is enough money in the estate available to pay the taxes. Failing to pay an estate’s taxes even negligently is a breach of the executor’s fiduciary duty owed to the estate. If it is shown that the executor caused the estate to incur unnecessary taxes, then the executor may be charged for the part of the taxes that resulted from the executor’s action or negligence.
When an executor breaches a fiduciary duty, the executor may be personally liable for the consequences of that action. However, if the executor acted reasonably and in good faith, the court may excuse the breach.
What If There Is Real Estate Or Physical Property Involved With The Estate?
It is important to remember that an estate is not strictly limited to financial assets. There may be physical property involved with an estate as well. An executor of an estate must keep track of all property that is involved in an estate. The law may include real estate property, bank accounts, cash, and even stock or bond certificates as property of the Estate. Our firm, Lonich Patton Ehrlich Policastri can help with specifications for those who have estates or are executors of an estate in San Jose or Santa Clara County.
What Are My Next Steps As An Executor In San Jose?
Paying the federal and state income taxes on the estate, including for the year the creator of the estate passed away, are only one of the many duties owed to the estate by the executor. If you have been appointed an executor or have concerns with an estate’s executor based out of San Jose, please contact our office for a consultation with our estate planning attorneys. The attorneys at Lonich Patton Ehrlich Policastri offer free 30-minute consultations.
Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
https://www.lpeplaw.com/wp-content/uploads/2019/01/Attorney-Sitting-doing-Paper-Work.jpg49127360Michael Lonichhttps://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.pngMichael Lonich2019-09-13 19:37:432019-09-13 19:39:51What To Know When Becoming An Executor Of An Estate
Going through a divorce or separation is an extremely complicated and emotional time. Thankfully, you do not have to go through the process alone. A high net worth divorce attorney will have your best interests at heart and will help you through this difficult time. Separation is never easy, but it does not have to be hard with the guidance of an experienced lawyer, especially in San Jose.
San Jose sits in the heart of Silicon Valley, the epicenter of innovation and technology. It would be no surprise that you or your former spouse have come to San Jose to work and have worked hard for what you own and shared. You probably have acquired a lot of assets during your marriage such as property or finances. When it comes down to splitting up what you own during a divorce, you might not know where to start or what you are entitled to. Interestingly enough, many people in this town do not know just how much they have or the value of what their assets actually are. This is where an experienced lawyer would come in to help.
What Is A High Net Worth Divorce?
In this San Jose, it would not be a surprise if your case is considered a high net worth divorce. A “high net worth divorce” has traditionally been defined as a divorce involving more than one million dollars in net liquid assets. These types of divorces come with their own set of additional challenges and complications that only a knowledgeable lawyer can help you navigate. One of the complicates may be defining your assets and potential tax consequences that come with it. Additionally, things like pre-nuptial agreements, real estate, businesses, stock options, and retirement assets will be at issue in the divorce proceedings. These items may make the process go from a simple dissolution to a complicated and contested mess. Let our divorce attorneys help you through this complex process.
If your divorce is considered “high net worth”, you should seek the advice of our high net worth divorce attorneys at Lonich Patton Ehrlich Policastri. Our divorce attorneys know the intricacies of this unique type of separation and can fight for your needs accordingly. Choosing the wrong divorce attorney could be detrimental to your case. The right lawyer will listen to your concerns, have a strong courtroom presence, and devote the time and attention necessary to secure a beneficial outcome for you. Even though emotions are running high, a good high net worth divorce attorney will cut through emotional distractions to avoid escalating conflict and avoid a lengthy and costly legal battle. Our knowledgeable lawyers will guide you on how to protect your assets and are dedicated to achieving an outcome that is beneficial to you.
Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
https://www.lpeplaw.com/wp-content/uploads/2019/01/pexels-photo-265730.jpeg12801920Lonich Patton Ehrlich Policastrihttps://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.pngLonich Patton Ehrlich Policastri2019-09-13 16:57:582019-09-13 16:58:00How to Choose a High Net Worth Divorce Attorney in San Jose, CA
Divorce is very nuanced. There are many things to consider which can make an already difficult situation more challenging. Lonich Patton Ehlich Policastri has put together a comprehensive guide of the most commonly asked questions. Get an answer to your divorce question now.
1.What Is The Difference Between Divorce Mediation And Divorce Collaboration?
Mediation is when a neutral third party is hired to facilitate resolution of issues between two people during a divorce. The mediator helps with paperwork, mutual communication between all parties, and securing 60%-70% of goals or desires are met for each party.
Collaboration is a binding contract between both parties and their attorneys stating neither will go to court. If this contract is breached, the parties will have to fire their attorneys and start the process over. Attorneys can help clients identify what’s important to them and how to work through issues. It is common to have non lawyer professionals involved in collaborative divorce. Mental health professionals, divorce coaches and financial specials can add clarity to emotions and difficulties that arise during the resolution of a marriage.
2. How Much Does It Cost To Get Divorced?
This is probably the most common divorce question. The answer is different for everyone. It depends on what issues you have. Do you have children? If so, you will need to deal with the issue of custody. How will your property be divided? Do you own a business together? What if one of you needs spousal support? Is there a post nuptial or a prenuptial agreement? All of these factors impact the cost of your divorce. The best way to find out what cost you’re looking at is to call an attorney. If you live in San Jose, Lonich Patton Ehrlich Policastri offers a free 30 minute consultation that can answer tough questions like this.
3. How Long Will A Divorce Take?
The answer for this divorce question is similar to the question above. It depends on your unique situation. The attorney you work with will need to know of any estate plans, businesses or property you and your spouse own. They will also need to consider any children and custody agreements involved. It depends on how much you and your spouse agree upon. If you go through mediation or collaboration, it could take less time than going through litigation.
4. How Is Property Divided In A Divorce?
In California, this comes down to two rules: Community property and Separate property. Separate property is anything you acquired before your marriage and that hasn’t been commingled or shared between the two parties during the marriage. If you owned a house before your marriage and have kept it separate from community property, that is added to your separate income when division begins.
Community property is anything acquired during the marriage or shared during the marriage. This includes a family home, cars, debts or anything earned or gifted during the marriage. Community property is divided during the dissolution of the marriage. This doesn’t mean it is necessarily divided in half. If you have two assets of equal value, one person may receive one while the other party receives the other; an example being a house and a retirement savings plan.
5. What Are My Rights During A Divorce?
You have rights protected under the Bill of Rights. You have the right to a fair trial; the right to a safe trial free of harassment from a spouse or their attorney. You have the right to see your child unless a court states otherwise. Speaking with an experienced attorney such as the ones at Lonich Patton Ehrlich Policastri is the best way to learn about your rights during your divorce. Get your questions answered in a free 30 minute consultation.
6. How Does The Court Decide On Child Custody During A Divorce?
Child custody is decided based on many factors. Often, during the case, temporary custody is assigned. This allows the child to have a stable routine they can depend upon and prevents their lives from being upended. Judges can be hesitant to change this plan when deciding on permanent custody as they don’t want to remove that stability from the child’s life. Temporary custody can be an indicator of the end result of child custody, but it isn’t guaranteed. Once divorce is filed, the state your child currently resides in becomes their home state. If a parent wants to move out of the state or relocate, this can affect the outcome as well.
Judges consider the wellbeing of the child over everything else. This means they will look into any history of mental illness, drug abuse or addiction, and financial stability (to name a few). Courts tend to favor the spouse who is able to put their differences and issues from the divorce aside for the betterment of the child. This means the more level headed you are, the better.
7. Does My State Have A Separation Requirement?
This is a crucial divorce question to research before filing. In San Jose, CA, there is no separation requirement. You must have lived in CA for 6 months before filing for divorce however. Once you have filed, you must wait another 6 months before the finalization of your divorce. If you file for legal separation in the state of California, there is no waiting period making it a great option for those who haven’t lived in the state for 6 months.
If you don’t know if your state has a separation requirement, the best way to find out is to research your state laws or contact a local divorce attorney.
8. How Do I File For Divorce?
This is another common divorce question clients ask. To be eligible for a divorce in CA, you must have lived in the state for 6 months. When it comes to counties, you must have lived in the specific county you file in for 3 months.
Before no fault divorce existed, a spouse had to provide a reason for the dissolution of marriage. This typically involves extramarital affairs or domestic violence and the practice is still common in some states. In California, all divorces are no fault which means one party can simply want a divorce from the other without providing a “fault.” This means that wrongdoing has no impact on the division of assets according to the judge.
After filing, there’s a 6 month waiting period for the finalization of divorce. You and your spouse can work collaboratively to make a plan for child custody and property division without legal assistance and if that doesn’t work you can seek help from a mediator. This is where you might consider collaborative divorce or mediation. The last option is divorce litigation which is also the messiest. This should be a last option if you and your spouse cannot agree on anything.
You may not need to go to court if you are able to resolve issues and division of assets through mediation or collaboration. This is an ideal situation and all papers can be filed with the court with a judgement on your case sent in the mail. Sometimes you may still be required to show up for a hearing in these cases.
If you opt for divorce litigation, the matter will be handled in court and this can be pricey. If you can avoid litigation, it’s in the best interest of everyone involved. However, at LPEP Law, they know how contentious divorces can get and understand not everyone will be able to settle their issues out of court.
10. How Do I Decide On A Divorce Lawyer?
You should make sure your divorce attorney specializes in family law and divorce cases. You want someone who has handled a myriad of divorce situations and will work to get you the best possible outcome.
Ask how many years of experience they have. If you’re going to court, do they know the court and the judges who preside there? Are they board certified? These are all important questions to ask when deciding on a lawyer.
Financial issues following a separation can be complicated. Proper divorce planning and record-keeping can be invaluable to a smooth divorce proceeding. Determining what is community property and what is separate personal property can become complicated very easily. For example, you may ask “What happens to my house after divorce?”
Seemingly simple issues such as who stays in the community home and who pays the mortgage after separation carry significant weight. To assist in these issues, Epstein Credits and Watts Charges are used.
Epstein Credits And Community Property
In 1979, the case Marriage of Epstein gave the court the power to order Epstein Credits. Epstein Credits are used to determine the amount one spouse will be reimbursed for debts paid after separation but before trial. Epstein Credits allow a spouse who pays community expenses or debt after separation to be reimbursed for their one-half share of the expense or debt. An example of this is a mortgage on a community property home. This does not apply to separate personal property.
When requesting Epstein Credits, it is important to keep accurate records. Records should include the expenses or debts made and from what sources the expenses or debts were paid from. The more extensive the records kept, the easier it will be to determine what reimbursement may be made from Epstein Credits. Proper divorce planning can assure you have all the records you need to proceed with this process. Further it is important to raise the issue of Epstein Credits as early as possible. This helps to avoid extra complexity at trial.
Watts Charges And Community Property
The case Marriage of Watts in 1985 introduced the concept of Watts Charges, allowing a spouse to charge the other spouse for the use of a community asset after separation. While Watts Charges can apply to almost any community asset, a common situation that arises after separation is that one spouse will remain in the community owned home exclusively. When one spouse remains in the community home the other spouse may charge that spouse one-half of the community home’s fair monthly rental value.
Courts prefer that prior written notice of the intent to seek Watts Charges be given. This notice simplifies issues at trial. It makes it known that Watts Charges are within the reasonable expectations of the spouses. Like Epstein Credits, the earlier that a claim for Watts Charges are raised the better. The claim will be retroactive to when written notice was given.
Epstein and Watts Together
In some circumstances, Epstein Credits and Watts Charges may partially or even completely offset each other. If a spouse is both living in the community home and paying the mortgage, if the mortgage payment is equal to the value of the monthly rent, the two will offset each other. If however if the value of the rent is higher than the mortgage payment, the difference in value will still be owed to the respective spouse. It is also possible to owe both Epstein Credits and Watts Charges. Consider if a spouse is living in the community home, and the other spouse is paying the mortgage for the property. In this case, the spouse living in the home may owe both the one-half rent and the one-half payment of the mortgage.
Regardless of the circumstances surrounding separation and community property, these financial issues are complex. They are best addressed by a knowledgeable and experienced attorney. If you are separated or looking at a high net worth divorce, please contact one of the experienced attorneys at Lonich, Patton, Ehrlich, Policastri. They offer a 30 minute free consultation where they can assist you with divorce planning and answer any questions you may have.
Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
https://www.lpeplaw.com/wp-content/uploads/2019/01/Handing-Over-Keys-Estate-Planning.jpeg26113917Alexis Revelohttps://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.pngAlexis Revelo2019-09-06 18:38:192019-09-06 18:38:21How Is Property Divided After Divorce?
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