December 2025 - Lonich Patton Ehrlich Policastri

How Long Does the Annulment Process Take?

December 25, 2025/in Family Law /by Mitchell Ehrlich

Usually, when people think about dissolving a marriage, divorce is the first thing that comes to mind. In some cases, though, an annulment might be more appropriate. Unlike divorce, which legally ends a marriage, an annulment means the marriage was never valid in the first place. How long the annulment process takes will vary widely depending on whether your spouse agrees or objects as well as how complicated the case is, however, the following outline provides some general guidance.

Types of Annulment

When it comes to civil annulments (as opposed to religious annulments, which are handled through the Catholic church), you will have either an uncontested annulment or a contested annulment.

Uncontested Annulments

In an uncontested annulment, both parties agree to the annulment, and there are no disputed issues related to grounds for filing, assets, or child custody. Usually, a judge will simply review the request, and you might also be required to attend a hearing. An uncontested civil annulment can take anywhere from a few weeks to several months, depending on the case workload of the family court involved.

Contested Annulments

Contested annulments, on the other hand, generally take longer (i.e., 6 months to over a year), depending on the reason your spouse contests the annulment. For instance, if you allege fraud or coercion as the grounds for the annulment, you will need to provide evidence to the court.

The Annulment Process

First, you need to make sure that your marriage qualifies for an annulment. Although each state has specific legal grounds for annulments, common grounds include:

Fraud or misrepresentation
Coercion or force
Underage spouse
Incest
Bigamy
Mental incapacity
Spouse concealed information such as impotence, criminal history, or addiction

File a Petition and Notify Your Spouse

If you qualify for an annulment in your state, your next step would be to file a petition for annulment in the family court in your jurisdiction. Most states require you to notify your spouse that you have begun the annulment process. They generally have 30 days to respond by either agreeing or contesting.

Gather Documents and Evidence

Before you attend a hearing with a judge, you will need to gather relevant documents like your marriage certificate and identification. You will also likely need to provide evidence to support your reason for requesting the annulment such as texts, photographs, emails, expert witness statements, medical documentation, etc.

Attend Court Hearings

For uncontested annulments, there will likely only be one, short hearing, or the judge may sign the petition without a hearing. For contested annulments, you might be required to attend several hearings. Both sides will present evidence, and the judge will review the case and decide whether the grounds have been proven or not.

If the judge approves, you will receive a Decree of Annulment, which legally voids your marriage as if it never existed.

Get Help With the Annulment Process

Even for uncontested annulments, it’s a good idea to work with a family law attorney who is familiar with annulments in your state to make sure the process goes smoothly. The family law group at Lonich Patton Ehrlich Policastri has decades of experience helping couples through the annulment process. Schedule a free consultation today to discuss your case with us to find out how we can best represent you and your interests.

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

Estate Planning for Families with Special Needs Children: Securing Their Future

December 10, 2025/in Estate Planning /by Michael Lonich

Raising a child with special needs brings both joys and challenges. Among them is making sure your child is financially and legally protected for the long term. Thoughtful estate planning can give you peace of mind knowing your loved one will be cared for, both now and in the future.

In this article, we’ll explore how families in San Jose (and throughout California) can create a plan that ensures security and stability for their child with special needs.

Why Estate Planning Matters for Families with Special Needs Children

Every parent wants to protect their child, but for families with special needs, traditional estate planning isn’t enough. A well-meaning inheritance can actually cause problems if it’s not structured correctly.

For example, if your child receives government benefits such as Supplemental Security Income (SSI) or Medi-Cal, a direct inheritance could make them ineligible for that support. Estate planning helps you provide financial resources without jeopardizing benefits that may be crucial to their care.

Key Tools to Include in Your Special Needs Estate Plan

Special Needs Trust (SNT)

A Special Needs Trust is one of the most effective tools for protecting your child’s future. It allows you (or other loved ones) to leave money for your child’s benefit, while keeping them eligible for essential public benefits.

The funds in the trust can be used for things like education, transportation, therapies, or recreation, improving your child’s quality of life without disqualifying them from government programs.

Guardianship or Conservatorship for Children with Special Needs

As your child reaches adulthood, you may need to establish legal authority to continue making important decisions for them. Depending on your child’s needs, this might mean setting up a guardianship or conservatorship. Planning ahead ensures continuity of care and decision-making when your child turns 18.

Letter of Intent

While not a legal document, a Letter of Intent is an invaluable part of your plan. It shares personal details about your child’s daily routines, preferences, and care instructions, helping future caregivers understand your child’s needs, personality, and what makes them happy.

Choosing the Right Trustee

Selecting a trustee to manage your child’s Special Needs Trust is a big decision. You’ll want someone who’s financially responsible, trustworthy, and compassionate. Some families choose a professional or corporate trustee to ensure expertise and impartiality.

Planning Early Means Greater Peace of Mind

Estate planning can feel overwhelming, but starting early allows you to make thoughtful, informed decisions. It also means your plan can evolve as your child’s needs change over time.

Whether you’re just beginning to think about the future or ready to formalize your plan, working with an experienced estate planning attorney can make all the difference.

Secure Your Child’s Future Today

At Lonich Patton Ehrlich Policastri, we understand that every family’s situation is unique, especially when caring for a loved one with special needs. Our San Jose estate planning attorneys can help you design a comprehensive plan that protects your child, preserves benefits, and brings lasting peace of mind.

Contact us today to schedule your free consultation and take the first step toward securing your family’s future.

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

December 2025 LPEP Spotlight: Michael Lonich

December 3, 2025/in 2025, Spotlight /by Lonich Patton Ehrlich Policastri

Addressing Elder Abuse Through Legal Measures: Protecting Vulnerable Family Members

December 3, 2025/in Family Law /by Virginia Lively

It’s a sad fact of life that the very people who loved and protected you when you were most vulnerable eventually become vulnerable themselves. Protecting them from elder abuse becomes your responsibility.

Unscrupulous people look to take advantage of older adults. Scammers, caregivers, and even family members use deception, undue influence, and theft to deprive senior citizens of their hard-earned assets, leaving them afraid, alone, and destitute.

The good news is that there are several strong legal tools that you can use to help protect your loved ones and ensure their financial security during their golden years.

Create a Durable Power of Attorney

Appoint someone trustworthy as a Durable Power of Attorney (POA). A POA gives them the legal authority to manage your loved one’s financial matters if they become incapacitated.

To ensure transparency and prevent misuse, consider requiring regular financial reports or appointing co-agents.

Use Direct Deposit and Automatic Payments

Consider setting up direct deposit for Social Security or other checks and automatic bill pay. These actions can protect a senior citizen from theft, lost mail, or some other interference.

Even small steps can reduce others’ opportunities to tamper with your loved one’s financial affairs.

Set Up a Revocable Living Trust

A revocable living trust is another tool to protect vulnerable family members from abuse. Your loved one will still have control over their assets with a safety net in place if they can no longer manage their finances. A successor trustee or co-trustees can step in if needed.

A trust serves a dual purpose. Not only does it add oversight, but it also helps the family avoid probate, a public legal process that can provide an opportunity for exploitation.

Be Cautious with Joint Bank Accounts

Joint bank accounts can be convenient, but they also expose an older adult’s assets to abuse. Funds in a joint account legally belong to both parties so that either owner can withdraw them without the other’s permission.

A better option is convenience accounts, where a helper can write checks and assist with transactions, but does not own the funds.

A Conservatorship May Be Necessary

If your elderly loved one is being financially exploited or can no longer make sound decisions, you may need to petition the court for a conservatorship. A court-appointed conservator is given legal control over the older adult’s finances. The court will supervise the conservator, which adds an additional layer of protection.

It’s important to note that petitioning for a conservatorship is a serious step and should only be used when other options are insufficient.

Ensure Estate Planning Documents are Current

An up-to-date estate plan should include a will, trust, and powers of attorney. These legal documents clearly identify who is authorized to manage your older loved one’s financial and health decisions.

Review these documents regularly and keep them in a safe place. Remove anyone who does not serve your loved one’s best interest to reduce the risk of exploitation.

Work with LPEP Law to Keep Your Loved One Safe

Our knowledgeable attorneys at Lonich Patton Ehrlich Policastri can help you create the legal documents you need to protect your vulnerable family members from abuse. We can also assist you with petitioning for conservatorship if necessary.

Contact us at (408) 553-0801 to schedule your free consultation. With our help, you can rest assured that your elderly family member’s assets and dignity will be protected.