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Everything You Need to Know About an Annulment

October 26, 2023/in Family Law /by Mitchell Ehrlich

In the realm of personal relationships and the institution of marriage, the concept of annulments stands as a significant but often misunderstood legal process. While divorce is a familiar term to many, annulments offer a distinct and alternative route for couples seeking to dissolve their marriages. Here, we’ll explain what an annulment is, how it’s different from a divorce, who may be eligible for an annulment, and how to file for an annulment in California. 

What is an annulment?

An annulment is a legal process that declares a marriage to be void, as if it never existed in the eyes of the law. Unlike divorce, which ends a valid marriage, an annulment essentially erases the marriage from the records, treating it as if it never happened. This legal remedy is available to couples who meet specific criteria that render their marriage legally invalid or voidable.

How does an annulment differ from a divorce?

The key distinction between divorce and annulment lies in their effects on marital status. Divorce acknowledges that a valid marriage once existed but is now dissolved, allowing both parties to be considered divorced individuals. On the other hand, annulments invalidate the marriage entirely, so the parties are legally treated as though they were never married.

Who is eligible for an annulment in California?

In the state of California, obtaining an annulment is a legal process available to couples who meet specific criteria that render their marriage void or voidable. It’s important to note that annulments are not granted automatically and require the party seeking the annulment to present evidence supporting one of the recognized grounds.

 

The following are some common grounds upon which a marriage may be annulled in California:

  • Incestuous marriage: California law prohibits marriages between close blood relatives, such as siblings, or parents and children. If a marriage falls within the prohibited degree of relationship, it may be annulled.
  • Bigamous or polygamous marriage: If one or both spouses were already legally married to someone else at the time of the marriage, the subsequent marriage is considered bigamous or polygamous and can be annulled.
  • Underage marriage: California law sets a minimum age for marriage, and if one or both parties were underage at the time of marriage without proper parental or court consent, the marriage can be annulled.
  • Unsound mind or incapacity: If one or both spouses lacked the mental capacity to understand the nature and obligations of marriage at the time of the wedding, the marriage may be voidable.
  • Fraud or misrepresentation: An annulment may be granted if one party deceived the other into marriage through lies or misrepresentation about a significant matter, such as their identity, intentions, or important facts.
  • Force or duress: If one spouse was forced or coerced into the marriage against their will, the marriage may be annulled.

 

There are time limits within which annulments must be sought after the marriage. Failure to meet the time limits may result in the loss of the right to seek an annulment on that ground.

How to get an annulment in California

At Lonich Patton Ehrlich Policastri, our experienced attorneys specialize in annulment. You can trust us to handle your annulment situation in a way that represents you and your interests. 

Contact LPEP today at 408-553-0801 or complete this form for a free, 30-minute consultation.

 

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

https://www.lpeplaw.com/wp-content/uploads/2023/10/bigstock-Annulment-Legal-Concept-141169058.jpg 600 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2023-10-26 21:07:412023-10-26 21:07:41Everything You Need to Know About an Annulment

What is ‘inheritance tax’, and why does it exist?

October 20, 2023/in Estate Planning /by Michael Lonich

In the intricate web of financial regulations and taxation, one added layer of complexity is inheritance tax. Also referred to as estate tax, this often complex form of tax is essential to understand if you’re dealing with the inheritance of an estate.

So, what exactly is inheritance tax, who does it apply to, and how does it work? In this article, we’ll unravel the complexities surrounding inheritance tax, teaching you everything you need to know about this important tax consideration. 

What are inheritance taxes?

Inheritance taxes are a specific category of taxes imposed by governments on the transfer of wealth from a deceased individual to their heirs or beneficiaries. In the United States, the specifics of inheritance tax laws vary from state to state. 

The tax rates, exemptions, and thresholds are subject to frequent revisions and adjustments by governments, making it crucial for individuals to stay informed about the relevant laws and regulations in their area.

Inheritance taxes vs estate taxes

While they share similarities in their objectives and mechanisms, there are distinct differences between inheritance taxes and estate taxes. 

Inheritance taxes are taxes imposed on the assets or wealth inherited by beneficiaries after the death of the individual who owned those assets. These taxes are calculated based on the value of the inherited assets. The tax liability falls on the heirs or beneficiaries, and the amount owed may vary depending on a number of factors that we’ll discuss shortly.

Estate taxes, on the other hand, are levied on the entire estate of the deceased person before the assets are distributed to heirs or beneficiaries. These taxes are imposed by the federal government and are calculated based on the total value of the estate, including all assets, investments, real estate, and personal property. While inheritance taxes typically have a variable tax rate, estate taxes have uniform rates that apply to the entire estate. 

How is inheritance taxed?

In California, the taxation of inheritances can be a complex and nuanced process, influenced by a variety of factors, including:

  • The size and valuation of the estate
  • The nature of the assets
  • The relationship between the deceased and the beneficiaries

Most states provide exemptions or deductions to reduce the taxable value of the estate. These exemptions often include thresholds below which no inheritance tax is owed, as well as deductions for specific assets or bequests. For example, family homes, small businesses, and charitable donations may be exempt or subject to reduced taxation.

Inheritance tax rates are determined by the government and can vary widely depending on the state and the relationship between the deceased and the beneficiaries. Spouses and close family members may benefit from lower tax rates or even complete exemptions in some states, while more distant relatives or non-relatives may face higher tax rates.

Schedule a consultation to learn more 

Given the complexity of inheritance tax laws, it is highly advisable for individuals and families dealing with estate inheritance to seek the expertise of tax professionals, estate planners, or attorneys. 

At Lonich Patton Ehrlich Policastri, our experts can provide guidance on minimizing tax liability through various legal strategies and ensure your compliance with all applicable regulations.

Contact us today to schedule your free consultation.

 

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

https://www.lpeplaw.com/wp-content/uploads/2023/10/bigstock-Concept-Of-Inheritance-Tax-Wri-465134403.jpg 600 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2023-10-20 17:52:152023-10-20 17:52:15What is 'inheritance tax', and why does it exist?

Extramarital Affairs in California

October 12, 2023/in Family Law /by Gina Policastri

Unfortunately, extramarital affairs affect many marriages. In fact, according to the American Association for Marriage and Family Therapy, up to 40 percent of people in long-term relationships have experienced adultery. Allegations of an affair can sometimes be the catalyst for seeking a divorce and can heighten tensions when negotiating a divorce agreement. 

Even if your spouse’s infidelity is the driving factor in your divorce, though, you do not have to prove adultery to be granted a divorce in California. As a no-fault divorce state, California allows parties to file for divorce without establishing the fault of a spouse. Instead, many couples cite irreconcilable differences when filing for divorce. 

How An Extramarital Affair May Affect Your Divorce Settlement in California

The California family court system does not usually take extramarital affairs into account during divorce proceedings. However, the judge does have the leeway to determine whether the infidelity impacted some areas of the marriage in any way that needs to be addressed. For instance, certain cases and situations can affect child custody agreements, spousal support, and the division of the marital estate. 

Child custody and visitation rights

When deciding matters related to child custody agreements (i.e., visitation schedules, child support, etc.), the best interests and safety of the child should always come first. Infidelity does not necessarily reflect on parenting abilities, but an extramarital affair could still adversely affect the child. For instance, if the cheating spouse left the child unattended in order to conduct the affair, neglected the child while having an affair, or if the adulterous parent and the new partner create an unsafe or inappropriate environment for a child, the judge would take those issues into consideration when granting custody. 

Spousal support

Although you cannot necessarily get out of paying spousal support, or alimony, if your partner cheated on you, their affair could have financial repercussions in your divorce. A common situation is where the adulterous spouse ends up moving in with their new partner. This new living arrangement might provide them financial security that they wouldn’t have on their own. If you can prove that they can support themselves financially, the judge might reduce or eliminate any alimony payment requirements.

Division of marital estate

When it comes to dividing up the marital estate, California is a community property state. Generally speaking, assets and debts accrued during the marriage are divided equally. However, if your spouse spent money on an extramarital affair, such as paying for hotel rooms or buying expensive gifts, the judge will likely either require the adulterous spouse to pay penalties or reimburse you for those assets during the division of your marital estate.

Get Help by Talking to an Experienced Family Law Attorney

Have you discovered an extramarital affair and are planning to file for divorce? Or has your spouse unfairly accused you of cheating? The well-established family law attorneys at Lonich Patton Ehrlich Policastri have almost two decades of experience helping our clients resolve complicated divorce cases both in court and through mediation. Call us at 408-553-0801 to schedule a free, 30-minute consultation to discuss your situation and your needs. We will fight to protect your rights and help you navigate this stressful season of life.

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

https://www.lpeplaw.com/wp-content/uploads/2023/10/bigstock-Stressed-Asian-Young-Couple-Ma-475245007.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2023-10-12 18:19:472023-10-12 18:19:47Extramarital Affairs in California

What is Uncontested Divorce in California?

October 5, 2023/in Family Law /by Gretchen Boger

Divorce is a complex and emotionally charged process, often accompanied by legal battles and contentious disputes. However, in the state of California, there exists an alternative path to dissolution known as an “Uncontested Divorce.” 

So, what is an uncontested divorce, how does it differ from contested divorces, and why may it be a preferable option for couples seeking to end their marriage amicably? Whether you’re contemplating divorce or simply curious about the legal options available, this article will help you understand the fundamentals of uncontested divorce in California.

What are the requirements for uncontested divorce in California?

An uncontested divorce in California offers couples a streamlined and relatively straightforward process for ending their marriage when they are in mutual agreement on key issues. However, certain requirements must be met to qualify for this type of divorce:

  • Residency requirement: At least one spouse must have been a resident of the state for at least six months before filing. The county where you file must also be the current county of residence for you or your spouse.
  • Waiting period: California law imposes a mandatory waiting period of six months from the date the divorce petition is served to the other spouse before the divorce can be finalized. 
  • Agreement on key issues: The hallmark of an uncontested divorce is the mutual agreement between spouses on essential matters such as property division, child custody and visitation, child support, and spousal support (alimony). 
  • Financial disclosures: Both spouses are required to provide complete and accurate financial disclosures to each other, including information about income, assets, debts, and expenses. 
  • Drafting legal documents: Spouses must prepare and submit the necessary legal documents to the court. These documents typically include the divorce petition, a marital settlement agreement, and a judgment of dissolution of marriage. 
  • Child custody and support agreements: If there are minor children involved, both parents must create a comprehensive child custody and visitation plan that outlines how parental responsibilities will be shared. 
  • Court appearance: While uncontested divorces typically do not involve contentious courtroom battles, couples may need to appear before a judge to finalize their divorce. 

Do you need a lawyer for an uncontested divorce in California?

In California, it is not a legal requirement to hire a lawyer for an uncontested divorce. Many couples choose to represent themselves in what is commonly referred to as a “pro se” divorce. 

However, couples opting for a pro se uncontested divorce should be prepared to navigate the legal system independently. This entails understanding the necessary paperwork, filing procedures, and court appearances. While it is possible to complete an uncontested divorce without an attorney, it’s important to consider the potential risks and drawbacks of doing so. 

Even in amicable divorces, legal complexities can arise, and without legal expertise, you may inadvertently overlook crucial details or fail to protect your rights adequately. Additionally, seeking legal advice can help ensure that the final divorce settlement adheres to California’s laws and regulations.

Contact LPEP for divorce litigation services 

Consulting with an experienced attorney, even on a limited basis, can provide valuable guidance and assurance that your rights and interests are safeguarded throughout the divorce proceedings. An attorney can also help you ensure that all legal requirements are met, based on the specific procedures for your county and individual case.

At Lonich Patton Ehrlich Policastri, our experienced divorce attorneys can help you protect your family, your assets, and your future. Contact us today for a free 30-minute consultation. 

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

https://www.lpeplaw.com/wp-content/uploads/2023/10/bigstock-214923424.jpg 601 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2023-10-05 18:07:482023-10-05 18:07:48What is Uncontested Divorce in California?

October 2023 LPEP Spotlight: Mark Manalo

October 2, 2023/in 2023, Spotlight /by Lonich Patton Ehrlich Policastri
Read more
https://www.lpeplaw.com/wp-content/uploads/2023/10/LPEP-Spotlight-Featured-Thumbnails.png 490 718 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Lonich Patton Ehrlich Policastri2023-10-02 18:48:592023-10-02 18:48:59October 2023 LPEP Spotlight: Mark Manalo
Learn more about estate planning with a free resource
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Learn more about family law matters such as private divorce counseling.

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LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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