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LONICH PATTON EHRLICH POLICASTRI
1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com
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, and San Benito. For a full listing of areas where we practice, please click here.
DISCLAIMER
This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
How to Get A Divorce When Your Spouse Doesn’t Want One
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriRelationships are tricky and don’t always end the way we want them to. If you’ve been stuck in an unhappy marriage for a while, you may be wondering how to get a divorce. It isn’t a snap decision one should make; it takes time and planning.
Experienced divorce attorneys recommend meeting with an attorney for a divorce planning session. Divorce planning can help you prepare documents and can even help you come up with a plan to tell your spouse you want a divorce. What happens if your spouse doesn’t want a divorce? Divorce planning can help prepare for these obstacles as well.
How To Tell Your Spouse You Want A Divorce
Sometimes, the most difficult part of getting a divorce is having the conversation with your spouse. You’ve built a relationship over time and may even have children together. Emotions are deeply invested. You need to be delicate with how you deliver this news to your spouse.
Planning out what you want to say ahead of time can help you avoid bouts of anger or sadness while having the conversation. Make time with your spouse to have the conversation. Even if you think they may have an idea this is coming, you may catch them off guard. Carving out a specific time to have this discussion can help. You also need to have this conversation in private to avoid humiliation, hurt, and to give you both space to feel your emotions. If you want more tips on how to have this talk with your partner, check this out. What if your spouse doesn’t want a divorce?
How To Get A Divorce When Your Spouse Doesn’t Want One
Many people panic when their spouse refuses to agree to a divorce. Most states will not force you to stay in a marriage you wish to be done with. You just need to follow the necessary guidelines for your state on how to get a divorce.
When you want a divorce but your spouse doesn’t, you can have papers legally served to them. They have a certain period of time to respond to the papers, after which you can reach out to the court for next steps if they don’t reply. Oftentimes, if you’ve followed procedure properly, a court will grant you your divorce.
If, however, your spouse responds within an appropriate amount of time, you will both have to work together to resolve property division, child support, alimony, and other issues. If you can’t reach an agreement, you will have to seek Court involvement to assist in resolving these matters. Also keep in mind if you are considering divorce that California has a 6 month waiting period between when you file for divorce and its finalization, no matter how quickly you reach an agreement.
Getting Help
In certain instances, you may qualify for a summary dissolution. This is a faster, easier procedure. To find out if you qualify, go here. If you’re unsure, meet with an experienced divorce attorney to answer your questions. In many cases, when one party doesn’t want a divorce, the proceedings can become contentious. An experienced attorney will know how to get you divorced as quickly as possible, guide you on what is rightfully yours, and ensure there is as little financial impact as possible. If you live in San Jose or the surrounding areas, Lonich Patton Ehrlich Policastri offers free 30-minute consultations. Get help with all your divorce needs, such as divorce planning or divorce litigation. Contact us here.
Mistakes to Avoid During High Net Worth Divorce
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriDivorce proceedings are never simple, and high net worth divorces tend to be even more complex and contentious. When couples have several or higher-value assets, they have more disputes to settle and divorce proceedings often become lengthy and spiteful. It is common for people going through a divorce to make rash decisions; however, it is important to remain level-headed during the litigation process and educate yourself on the mistakes to avoid during a high net worth divorce.
Understanding High Net Worth Divorce in California
California recognizes community property in divorce proceedings. This means that property acquired during a marriage is considered community property and should be divided equitably during a divorce proceeding. While this may seem like a straightforward process, there are many intricacies in the law, which is why hiring a divorce attorney who is experienced with high net worth divorce cases is highly recommended.
While your divorce attorney will tackle most of the complicated tasks, there are several mistakes that you want to avoid in order to protect your assets.
1. Don’t Spend Lavishly Before or During the Divorce
There is a misconception that it is wise to indulge prior to a divorce proceeding. This habit often backfires as debts are also accumulated during divorce proceedings and judges can consider selfish spending when making litigation decisions. Contrary to popular belief, increasing your spending prior to the divorce will not increase your alimony payments. You could also end up having to reimburse your spouse for frivolous spending leading up to dissolution proceedings.
2. Don’t Try to Conceal Your Assets
Since California practices community law, many spouses are tempted to conceal their assets during divorce proceedings. This is not only illegal, but it is also insensible as they will most likely be discovered during the discovery and settlement process.
3. Don’t Blindly Follow The Advice of Your Family or Friends
It is common for people who have experienced divorce to believe that they are experts in divorce proceedings, however, they are often misinformed. It is important to to avoid drawing conclusions from one person’s case. When it comes to decisions regarding how you should handle your financial assets and decisions regarding your divorce, the advice that you should value the most is the person you have hired to give you advice – your divorce attorney.
4. Don’t Try to Rush Through The Settlement Process
While many people ending their marriage wish to dissolve it quickly, acting too quickly or making rash decisions is not recommended. High net worth divorce proceedings will take significantly longer than regular divorce proceedings and hastily reaching agreements can result in one person making huge sacrifices simply to expedite the process. Just as it isn’t recommended to rush into a marriage, it isn’t advisable to hurry out of one.
5. Don’t Sell Yourself Short
It is easy to become intimidated by your spouse and their team of divorce lawyers, but it is important to fight for your equitable share of assets. If you are entitled to alimony payments, take them. You never know what life will throw at you and how much that could influence your future.
6. Don’t Fight to Win Every Battle
While you don’t want to give in to an aggressive spouse, you also don’t need to win every battle. There are going to be certain assets that you will have to walk away from. It is important to have a conversation with your divorce attorney at the early stages of the divorce to determine what you value most and what is worth fighting for.
7. Don’t Forget to Update Your Estate Plan
It is important to update your estate plan after major life events, including a divorce proceeding. Lonich Patton Ehrlich Policastri’s team of qualified family law and estate planning attorneys has the resources you need to offer you the best solution for estate planning after a divorce.
8. Don’t Bypass Hiring a High Net Worth Divorce Attorney
Divorce attorneys who specialize in high net worth divorces are going to be more expensive than regular divorce attorneys because they are more qualified, reputable, and have more experience with complex divorce litigation. While it is tempting to opt for the lower fee, being selective with who you choose to fight for your assets is an important step toward investing in your future. If you are facing a divorce with high stakes, please don’t hesitate to contact our offices today for a free 30-minute consultation on how to best protect your future.
Business Succession Planning for Small Businesses
/0 Comments/in Business Law, Estate Planning /by Lonich Patton Ehrlich PolicastriBusiness succession planning is the process of determining how you are going to transfer your business ownership and transition out of a business management role while maximizing your personal financial security. It is a critical process that determines whether the transition of a business succeeds or fails. This entails a series of logistical and financial decisions that will prove to determine the fate of business succession.
Why Should Small Businesses Worry About Succession Planning?
There are several reasons:
Types of Business Succession Plan
Various options exist for small business owners to explore if they desire to implement a succession plan. An experienced succession planning lawyer can help you move forward with these options.
Selling Your Business to a Co-owner
If you founded your business with a partner or partners, you may be considering your co-owners as potential successors. A buy-sell agreement could be implemented in this case.
Passing Your Business onto an Heir
This is a popular option for business owners, especially those with children or family members working in their organization. It’s seen as an attractive option even though most second-generation businesses hardly survive business transition. Lifetime transfer strategies could be implemented in this case.
Selling Your Business to a Key Employee
This is selling your business to someone that works within the organization. Most times, employees in the organization don’t have the financial capacity to buy the organization they work in. Seller financing could be implemented in this case.
Selling Your Business to an Outside Party
This is looking elsewhere other than your family members, partners or employees for potential successors. Entrepreneurs or even your competitors could be the outside party.
Selling Your Shares Back to the Company Upon Death
This is an option available only to businesses with multiple owners. An “entity purchase plan” or a “stock redemption plan” is an arrangement where the business purchases life insurance on each of the co-owners. When one owner dies, the business uses the life insurance proceeds to purchase the business interest from the deceased owner’s estate. This gives each surviving owner a larger share of the business.
Why You Need a Succession Planning Attorney
The success of succession planning hinges on both financial and legal factors. It involves a lot of details revolving around:
The input of an attorney specializing in business succession planning is critical to your business’s success. An experienced attorney will be an invaluable asset as you navigate the legal factors involved in succession planning. You don’t have to worry about drafting contracts and agreements if you hire a qualified attorney to do this for you. An attorney plays a key role by drafting a buy-sell agreement, creating matrimonial agreements, creating trusts, and restricting corporate capital. The need for an attorney by small businesses when planning a business succession is a matter of extreme importance and urgency.
To learn more about succession planning, visit us here. Lonich Patton Ehrlich Policastri is a leading law firm in the area of business succession planning. They offer free consultations to anyone within the following areas: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Jose, and San Benito.Contact them today and successfully implement succession planning for your business.
Prenup Agreement in High Net Worth Marriage
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriAs common as they are, the potential of a divorce is something that engaged couples often don’t wish to discuss. Although, it may sound pessimistic to discuss prenup agreements, high net worth individuals may want to consider a prenuptial agreement so that a potential division of property later down the road is less stressful.
Who Should Consider a Prenup Agreement?
High net worth owners are highly advised to create a prenup agreement as they have more at stake in the event of a divorce. Additionally, business owners are encouraged to consider prenup agreements as well, as the division of a business is often a complex and contentious issue down the road.
Oftentimes couples sign prenup agreements not because they foresee a divorce happening, but because they want to quell family concerns regarding the distribution of assets down the road. Prenup agreements can also protect assets in the event of untimely death and may redirect funds to dependents or other family members.
What Are the Benefits of a Prenup Agreement?
As unromantic as it sounds, couples who at least discuss the option of a prenup often report that they feel eased by being proactive with considering their future. Sometimes the burden of a potential stressful divorce down the road can cause people to become anxious about marriage and can cause unwanted stress. Signing a prenup doesn’t mean that you want or anticipate a divorce, it simply means that you are aware that they are common and want to be proactive with making the distribution of assets less stressful for you, your partner, and your loved ones.
What Is the Process Like of Creating a Prenup Agreement?
As opposed to many divorces, creating a prenup is typically an unemotional process, similar to a business transaction. While it is significantly less stressful than most divorce proceedings, it is just as meticulous of a process. It is highly advised that both you and your partner hire an estate planning attorney so that you can ensure the agreement is fair and will distribute assets as intended. Additionally, it is highly recommended that partners be transparent about their assets and potential inheritances, as this will ensure that property is not overlooked.
How Do I Talk to My Partner About Creating a Prenup?
Although prenups are becoming more common, with an increase in the number of millennials signing prenup agreements, it is not an easy conversation to have. It is important to approach the subject with thoughtful consideration of the timing, place, and wording.
With any legal agreement, it is important, to be honest. Mentioning that it has always been something that was important to you and your family before you met your partner, or that you are following the advice of friends who have experienced a terrible divorce may help your partner have empathy for your request. It is also helpful to address the fact that a prenup agreement is significantly less timely, costly, and stressful than a complex divorce proceeding.
Approaching the agreement as equals is recommended. When both partners are involved with the creation of the prenup, there tends to be less concern and animosity with the legal agreement. Additionally, it is important to remind your partner that a thoughtful prenup benefits both partners as it reduces financial uncertainty for both parties. While it may temporarily create tension, many couples find that once they come to an agreement, they are able to move forward in their relationship.
If you would like to understand if a prenup is in your best interests, contact LPEP, an estate planning and family law firm in the Bay Area. Our team of dedicated professionals are committed to protecting your assets and have the resources you need to assist you with creating your prenup agreement.
How Is Paternity Determined In California?
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriThe issue of paternity is complex and the laws surrounding it vary state by state. If you are a father or couple who are seeking to determine your parentage in California, you may be wondering what your next step should be. What is a paternity test? How do you get tested? In California, there are three ways you can go about establishing paternity.
Go To Court
When parents think of determining parentage, this is typically the method they think of. This also tends to be the hardest method to determine paternity. If a child’s mother is trying to prove the parentage of a child, and the other parent is denying their paternity, a mother can go to court to establish it. Alternatively, if an alleged father wants to prove their paternity to have rights to custody of a child, they can also go to court to establish parentage.
When going to court, the judge will order a genetic paternity test.. If the alleged father refuses, the noncooperation can be considered evidence of parentage.
To go to court, you must fill out and file several legal documents. These are complex and require a trained eye. Please consider hiring an experienced paternity attorney. LPEP Law serves the greater Bay Area. Set up a free consultation with them here.
Get The Child Support Agency To Determine Paternity
The local child support agency has a right to ask the court for an order on paternity, just as the child’s mother or alleged father does. Having the child support agency provide this service for you is free and can take some of the stress off yourself. In addition to establishing parentage, they will also file for a child support order.
You can obtain these services by calling the local child support agency and setting up an appointment to open a case for paternity and support. If a father denies being the parent of a child, a mother can even open a case while still pregnant for a genetic test to be administered after the child is born.
If a parent is on welfare for the child, the child support agency will automatically open a case for paternity.
Sign A Voluntary Declaration
A declaration of parentage is a legal document that parents sign to claim themselves as the legal parents of a child. It is always voluntary. This document is usually signed by both parents in the hospital after a child is born. However, in cases where this didn’t happen, the declaration can still be signed as long as certain rules are followed.
For a declaration to be signed outside of the hospital, there are only certain public locations that the form can be signed at. The form must be signed in the presence of the local child support agency, the welfare offices, the Registrar of Birth, the local superior court, or the local family law facilitator. You can find your California family law facilitator here. The form must then be filed with Child Support Services to go into effect, and then it holds the same weight as a court order establishing parentage.
After the declaration of parentage is filed, orders for custody and visitation can be filed by a judge. The Court can also make orders for child support. A voluntary declaration of parentage grants both parents who signed it an equal right to custody, but also means they both have a responsibility to support and provide for the child. To learn more about voluntary declarations of parentage in the state of California, visit here.
When You Don’t Need A Paternity Case
There are certain instances in which you don’t need a paternity case in California. These include:
If you live in the State of California and are curious about starting a paternity case, get in touch with our San Jose, California attorneys today. Get questions like “what is a paternity test?” answered. We can help you with the complex paperwork that comes with going to court and can help ensure the process goes smoothly. We offer free 30-minute consultations with our experienced team of attorneys. You can set up your free consultation here. To learn more about paternity, visit us here.