Riley Pennington, Bethany Brass, and Alistair Shaw were recently recognized with the 2023 Northern California Super Lawyers Rising Stars Award.
We’re honored to have some of the most recognized family lawyers on our team. Thank you to our partners & peers for your nominations and congratulations to everyone being recognized this year!
Going through a divorce is an emotional and stressful process for any couple. One of the most contentious issues that can arise is spousal support. Whether you are seeking support or may be required to pay it, it is important to understand your rights and obligations. In this article, we will discuss what spousal support is and who may be eligible to receive it.
Spousal support, also known as alimony or maintenance, is a payment made from one spouse to the other after a divorce or separation. The purpose of spousal support is to help the recipient spouse maintain their standard of living, which they may have become accustomed to during the marriage.
The amount and duration of spousal support are at the discretion of the judge and depends on several factors, including the length of the marriage, the income and earning potential of both spouses, and the needs of the recipient spouse.
In general, spousal support is awarded to the spouse who has a lower income and needs financial assistance to maintain their standard of living. However, each case is unique, and there is no one-size-fits-all answer to this question.
To determine if you qualify for spousal support, a court will consider several factors, including:
The court may also consider other factors, such as the health and age of both spouses and any other relevant circumstances.
When facing spousal support issues, having an experienced attorney by your side can be a valuable asset. Your attorney can act as your advocate, presenting a strong case on your behalf and explaining how you will benefit from receiving spousal support. They can highlight key factors such as your current income situation, your history of financial dependence on your partner, and your future plans to make a compelling case for spousal support.
Your attorney can also argue against having to pay spousal support if it is not warranted. They can use their legal expertise and knowledge of family law to protect your interests and ensure that any decision made by the court is fair and just. Some lawyers even have access to a network of resources that can help strengthen your spousal support case, including forensic accountants, real estate appraisers, medical professionals, and more.
At Lonich Polich Ehrlich Policastri, we have extensive experience in spousal support matters in California, and assess each of our client’s marital and financial situations according to California guidelines. With decades of experience handling complex matters of family law, we know what problems arise and how to manage them.
If you have any questions about spousal support or want to discuss your case with our legal experts, contact our office for a free 30-minute consultation. Call LPEP Law on 408-553-0801 or contact us here.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
As we age, it becomes increasingly important to plan for the future and ensure that our finances and property are managed according to our wishes. One tool that can help with this is a power of attorney for property management.
Today, we’ll explore what a power of attorney is and why you may need one for property management. Whether you’re planning for your own future or helping a loved one with their estate planning, understanding the role of a power of attorney can be a valuable asset.
A power of attorney (POA) is a legal document that grants authority to another person, known as an agent or attorney-in-fact, to act on your behalf. A power of attorney can be used for a variety of purposes, including managing your finances, making medical decisions, or handling legal matters.
A power of attorney for property management is a specific type of POA that gives someone the authority to manage your property and financial affairs. In a POA for property management, you can specify the scope of the agent’s authority. For example, you may give your agent the power to pay your bills, manage your bank accounts, sell your property, or make investment decisions.
You can also include limitations on your agent’s authority or specify when the POA will take effect.
Property management can often be a complex process, and knowing when you need a POA isn’t always straightforward. Let’s look at some examples of when a POA for property management is most valuable.
Firstly, if you become incapacitated or disabled due to illness or injury, a POA for property management can ensure that your finances are still taken care of. Without a POA, your loved ones may need to go through a costly and time-consuming court process to have a guardian or conservator appointed to manage your affairs.
Also, if you plan to travel for an extended period, a POA can give someone you trust the authority to manage your property while you’re away. A POA for property management can also be a convenient way to manage your finances. For example, if you have difficulty managing your finances or prefer to delegate those tasks to someone else, a POA can be a helpful tool.
If you own a business, you can use a power of attorney for property management to give someone the authority to make financial decisions on behalf of the business. This can be especially important if you become incapacitated or need to travel and cannot manage the business yourself.
Is a POA for property management right for you? Because of the legal intricacies involved in a POA, it is important to talk to a legal professional as the first step. At Lonich Polich Ehrlich Policastri, our attorneys can draft a power of attorney for property management which fits your individual needs both now and in the future.
To get started, call our office on 408-553-0801 or contact us here to set up a free, 30-minute consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
If you are facing harassment or abuse from someone, a restraining order is one way to protect yourself from further harm. This orders an individual not to contact or come near another person and can be granted when the court believes there has been some type of harm or fear of future harm involved.
Obtaining a restraining order can provide peace of mind by keeping unwanted people at bay.
A restraining order protects someone from being physically or sexually abused, threatened, stalked, harassed, or interfered with. California has four types: domestic violence, civil harassment, elder abuse, and workplace violence.
Domestic violence restraining orders are issued to keep people safe from physical harm or threats of physical harm from a family member or intimate partner. All forms of domestic violence and emotional abuse qualify.
Civil harassment restraining orders are issued to protect people from stalking, threats of violence, serious harassment, or destruction of property by someone with whom they do not have a close relationship.
Elder abuse restraining orders are issued to keep the elderly and dependent adults safe from physical abuse, neglect, and financial exploitation.
Workplace violence restraining orders are issued to protect employees from the violent behavior of another employee or a non-employee while they are working.
When you file for a restraining order, the judge might grant immediate temporary protection until you go to court. You most likely will need to appear in court to provide evidence to support your request. You can also bring other witnesses that can testify on your behalf.
The duration of a restraining order in California depends on the type of request and the specific circumstances of each case.
Domestic violence, civil harassment, and elder abuse requests can last up to five years. Still, they can be renewed after that time if necessary, but the request has to be made before the current one expires. They can also be issued on a temporary basis, which lasts until the hearing for a longer-term restraining order takes place.
Workplace violence restraining orders can last up to three years, with the possibility of renewal if needed.
You can request that a restraining order be dropped. Either the victim or defendant can file a request with the court. After the filing, both parties may be required to attend a hearing where they can present evidence and arguments as to why the request should be terminated. The judge will then determine if the change is justified.
Filing a restraining order is often difficult but necessary for physical and emotional well-being. Our attorneys at Lonich Polich Ehrlich Policastri work with families throughout San Jose and the greater Bay Area, so we understand what you may be going through. If you want to speak with someone about your situation, you can contact us for a free 30-minute consultation. Call us at 408-553-0801 to learn more.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Divorce is a difficult and complex process, but it doesn’t have to be intimidating. From filing paperwork to understanding legal terminology, there are many steps involved in the divorce process that you should become familiar with to understand your rights and make informed decisions about your future.
In this blog post, we will answer some of the most commonly asked questions regarding the divorce process- from how long it takes until everything is finalized to what costs might be associated along the way- so that you have a clear understanding before starting this journey.
The time it takes to get divorced depends on the complexity of the case and how long it takes for both parties to reach an agreement.
If both parties can reach an agreement without going to court, the process may be completed more quickly than if there are disagreements that need to be resolved by a judge. In some cases, couples may complete their divorce within a few months if they can agree on all issues without going through litigation.
The cost of a divorce varies depending on several factors, such as possible complications and whether there are disputes over property or child custody.
In most cases, couples who file for divorce in California must pay a filing fee of between $435-$450 to the Superior Court in their county. Other legal costs may be incurred along with the filing fee, such as attorney’s fees, court reporter fees, service fees, and more.
If disputes need to be resolved, such as disagreements over child custody or division of assets, then additional costs can quickly add up. Couples may also have to pay for mediation sessions and counseling sessions.
Yes. If one party filed for divorce and the other party never responded, the process can be stopped without the other spouse needing to sign anything.
However, if they did file a response to the divorce petition, they must sign paperwork stating that they agree with the dismissal.
It’s important to note that after the case is dismissed, the process starts from the beginning if either party initiates files for divorce again.
In California, you must wait at least six months after filing for divorce before it is finalized. This waiting period is known as the “cooling off” period and gives both parties time to agree on issues such as child custody, division of assets, and alimony payments. During this time, couples may also choose to attend mediation or counseling sessions to resolve any disputes.
To start the divorce process in California, you must first meet the residency requirements. You or your spouse must have been a resident of the state for at least six months prior to filing for divorce. Additionally, you will need to file a petition for dissolution of marriage with the court.
After filing the petition, several steps must be taken. These include serving your spouse with the paperwork, attending any required hearings or mediation sessions, and finalizing all financial matters, such as the division of assets and debts. If children are involved, an additional step is required to address child support payments and custody arrangements.
If you are considering a divorce, it is best to consult an experienced family law attorney who can guide you and ensure all legal requirements are met. Our attorneys at Lonich Patton Ehrlich Policastri represent people throughout San Jose and the greater Bay Area. We understand that this may be a difficult time, so we will be there with you through each step of the process. Contact us for a free 30-minute consultation by calling 408-553-0801.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.