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Communication problem in relationship. Marital difficulties. Couple fighting. Man and woman holding ripped paper. A co-parenting approach that focuses on communication helps to ensure a stable and supportive environment for your children.
Mitchell Ehrlich

Co-Parenting Communication: Strategies for Effective Collaboration After Divorce

June 13, 2024/in Family Law /by Mitchell Ehrlich

Being a parent is not easy. But communication and co-parenting with your ex-spouse after a divorce takes it to a whole new level. The two of you once thought you would spend the rest of your lives together; however, your paths took a different course.

Now, you are expected to set aside hurt feelings and angry words so the two of you can focus on raising your children. Fortunately, no matter where you are emotionally, whether there is still a lot of contention or you and your ex-spouse are on more amicable terms, there are strategies so the two of you can communicate and focus on your children.

The Importance of Collaborative Co-Parenting

You and your ex-spouse are going through a difficult time. But amid the emotional turmoil, both of you need to prioritize the well-being of your kids. A co-parenting approach that focuses on communication, cooperation, and mutual respect helps to ensure a stable and supportive environment for your children. Having both parents remain actively involved in their lives will make it easier for your children to adjust to the new family dynamics.

Effective co-parenting also allows you and your co-parent to demonstrate essential life skills such as problem-solving and conflict resolution. Your children will learn by observing you and seeing you work together amicably, which sets a positive example for handling challenges in the future.

Part of collaborative co-parenting is ensuring that you and your ex-spouse are on the same page regarding parenting styles and disciplinary measures. Children benefit from consistency in rules, discipline, and expectations across both households, which can lead to fewer behavioral issues.

Finding a Way to Communicate

Effective communication is essential for co-parenting to work. Numerous communication tools are available, so you and your ex-spouse can choose the method that is best for your situation.

In-Person

If the two of you can talk face-to-face without anger and tension coming to the surface, then having in-person meetings may be a good choice. This allows for real-time discussion and immediate resolution of issues. Being in the same physical space also enables you to read body language and facial expressions, which can aid in understanding.

However, if both of you have busy schedules, finding a mutually convenient time and place to meet may be challenging. Also, this communication approach may not be feasible if you and the other co-parent live far apart.

Text Messaging/Email

Communicating via text message is ideal for brief updates and quick exchanges of information. Email is more suitable for detailed discussions. Both provide a written record of conversations that can be referred back to. They also allow parents time to reflect and think about what they want to say before replying at their convenience.

One major drawback to texting and email is that they can be easily misinterpreted due to a lack of tone and context. They can also become cumbersome for ongoing discussions.

Co-Parenting Apps

Several apps are available specifically designed for co-parents. Many offer comprehensive tools like shared calendars, expense tracking, and message boards to keep everything organized. These apps also provide a neutral platform for communication, which can reduce emotional tension. 

However, learning how to use all the features may take time, especially if one or both parents aren’t tech-savvy. Furthermore, some apps require a subscription to access the premium features.

Some parents may choose to use all the different methods of communication, depending on the situation. It’s also important to remember that your co-parenting relationship may change, and while you may be using a neutral platform now, it may not be necessary in the future.

Tips for Communicating with Your Co-Parent

You and your ex-spouse want to create a nurturing and stable environment for your children, even though you are no longer in a relationship. Here are some practical tips for better communication:

  1. Focus on your children and keep their best interests at the forefront of any conversation.
  2. Don’t use your children as messengers. Communicate directly with your co-parent. This reduces the risk of misunderstandings and keeps your kids out of adult issues.
  3. Agree on the appropriate times and methods of communication.
  4. Establish clear boundaries and be respectful of each other’s schedules and commitments.
  5. Maintain a polite and respectful tone, even when discussing difficult issues.
  6. Stay focused on the current topic and avoid bringing up past conflicts.

Remember that your ultimate goal is to ensure your children feel loved, supported, and secure.

Seek Professional Help When Needed

Finding effective communication methods can be difficult. Sometimes, communications break down, or conflicts become unmanageable. Lonich Patton Ehrlich Policastric can work with you and provide valuable tools and strategies for improving communication. We are certified family law specialists with extensive expertise in handling complex cases. Our attorneys can also provide mediation services to facilitate communication between you and your co-parent.

Contact us for a free consultation by calling (408) 553-0801 to discuss how we can help you and your ex-spouse establish an effective collaborative co-parenting relationship.

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/2024/06/bigstock-215922319.jpg 580 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2024-06-13 22:50:062024-06-13 22:50:06Co-Parenting Communication: Strategies for Effective Collaboration After Divorce
Couples at home with new baby. Consider these essential steps for updating your estate plan after welcoming a new baby as you enter this new chapter of your life.
Michael Lonich

Estate Planning Essentials When You Have a New Baby

May 30, 2024/in Family Law /by Michael Lonich

Welcoming a new baby into the family is one of life’s most exciting occasions, but there’s also a lot to think about! Amidst all the excitement and flurry of activity that comes with a new addition, it’s easy for parents to overlook important matters like estate planning. 

While it may not be the most glamorous aspect of parenthood to consider, ensuring that your estate plan is up-to-date and comprehensive is crucial for the well-being and security of your growing family.

7 Estate Planning Steps After Having a Baby

Here are some essential steps to take when updating your estate plan after the arrival of a new baby. Don’t worry if you can’t get to them right away—these are just food for thought as you enter this new chapter of your life. 

1. Create or Update Your Will

If you haven’t already done so, now is the time to create a will or update your existing one to include provisions for your new child. Your will should designate a guardian for your child in the event that both parents pass away before the child reaches adulthood. This is perhaps the most important decision you’ll make in your estate planning process, so it’s essential to carefully consider who would be the best fit to care for your child.

2. Establish a Trust

You might want to establish a trust for your child, allowing them to oversee and allocate assets. This trust can offer financial assistance for their education, healthcare, and other necessities, all while ensuring responsible management of the assets until they reach a specific age or milestone.

3. Designate Beneficiaries

Review and update the beneficiaries listed on your life insurance policies, retirement accounts, and any other assets that pass outside of probate. Make sure to include your new child as a beneficiary, and consider establishing contingent beneficiaries in case your primary beneficiaries predecease you.

4. Consider Life Insurance

With the added responsibility of a new child, it’s wise to review your life insurance coverage to ensure that it adequately provides for your family’s financial needs in the event of your death. Life insurance can help replace lost income, pay off debts, and provide for your child’s future expenses.

5. Plan for Incapacity

Estate planning encompasses not only posthumous considerations but also includes provisions for potential incapacity. Designate someone you trust to make financial and healthcare decisions on your behalf through powers of attorney and healthcare directives.

6. Document Your Wishes

Communicate your wishes to your loved ones and make sure they know where to find important documents such as your will, trust documents, and insurance policies. Having open and honest conversations about your estate plan can help prevent misunderstandings and conflicts down the road.

7. Regularly Review and Update Your Plan

Life is constantly changing, and so should your estate plan. Make it a priority to review and update your plan regularly, especially after major life events such as the birth of a child, marriage, divorce, or the acquisition of significant assets.

Bonus: Discuss Your Estate Planning With Our Experts

Estate planning can be a complicated process, and the arrival of a new baby can add an extra layer of complexity. If you’re not sure where to start, our expert Estate Planning Attorneys are always available to discuss your specific needs and help prepare your estate planning documents. We’ll help you make the right decisions for you and your family, ensuring your newest family member is well-protected for whatever the future may hold. 

Don’t leave anything to chance—get started today with a free consultation from LPEP. 

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/2024/05/bigstock-Couples-In-Living-Room-With-Ba-4135714.jpg 600 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-05-30 22:51:542024-05-30 22:51:54Estate Planning Essentials When You Have a New Baby
Signing deed to house
Gretchen Boger

Can I Remove My Spouse From the Deed to My House?

May 23, 2024/in Family Law /by Gretchen Boger

We enter marriage with the belief that it will last forever. Therefore, we do things to support that ideal, such as putting our spouse on the deed to our house.

But sometimes, life doesn’t go as we planned, and we realize the person we married isn’t the person we want to spend the rest of our lives with. However, before initiating divorce proceedings, you will want to take some time to consider your situation and the best way forward, including removing your spouse from the deed to your house.

Can it be done? Yes. But, depending on the scenario, it could become complicated.

First Scenario: You and Your Spouse Purchased the House Together

In California, a community property state, any property acquired by either spouse during the marriage is regarded as jointly owned by both partners. During a divorce, marital assets are divided equally, regardless of whether the marriage lasted three years or thirty. Consequently, both parties possess equal ownership rights to the property.

If you and your spouse purchased the house together, you will need to buy out your spouse’s interest in the property. Once the divorce decree is signed, your spouse must sign a quitclaim deed giving up their rights to the property. If they refuse to do so, you must return to court to ask and request that the judgment be enforced.

Second Scenario: You Owned the House Before Marriage and Added Your Spouse to the Deed

Any property you acquired before the marriage is generally considered separate property, and the spouse who owned the home before marriage typically retains ownership after the divorce. But if you add your spouse to the deed, it becomes more complex. 

By adding your spouse to the deed of a home you owned outright before marriage, you have effectively changed the property’s character from separate to potentially community property. This act can be interpreted as a gift to the marital community, meaning both spouses now have an equal ownership interest in the property.

However, the specifics can vary greatly depending on circumstances:

  • If there were a prenuptial or postnuptial agreement specifying that you retain ownership of the house in the event of a divorce, that agreement would likely prevail.
  • If you can prove that it was not your intention to make a gift of the property to the marital community, the court might consider this evidence. However, changing a title to include a spouse’s name typically signifies an intent to gift, and proving otherwise may be difficult.

Legal Advice is Critical

Preparing for your divorce is crucial before you file, especially when it involves protecting your assets. Given the complexities involved in your situation, it’s vital that you work with an attorney who understands the nuances of California’s community property laws. Our attorneys at Lonich Patton Ehrlich Policastri have over a decade of experience and can advise you on your rights and options for retaining ownership of your home.

Contact us for a free consultation by calling (408) 553-0801. We can help you reach a positive resolution to your case.

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/2024/05/DeedToHouse.jpg 602 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2024-05-23 19:20:292024-05-23 19:20:29Can I Remove My Spouse From the Deed to My House?
Person packing up a box and taping it shut. Getting ready to move. Moving to another state.
Michael Lonich

Does Moving to Another State Affect Your Estate Planning?

May 17, 2024/in Estate Planning /by Michael Lonich

Moving to another state can be both exciting and challenging. Between buying a new house, settling kids into new schools, changing healthcare and insurance providers, and finding your favorite new restaurants, you’re juggling countless details all at once. One important detail you might not be thinking about, though, is your estate plan. 

Even if you have worked with an experienced attorney to put together a detailed estate plan, it’s always a good idea to review that plan any time you experience a significant life event like getting married, having a baby, buying or selling a home, receiving an inheritance, starting a business, filing for divorce, or moving to a new state.

Laws related to several aspects of estate planning (e.g., wills, estate taxes, probate, etc.) vary from state to state and can significantly affect the validity or execution of your established estate plan. Below, you’ll find some examples of specific areas of estate planning that should be reviewed by an estate planning attorney in your new state of residence.

Is an Out-of-State Will Valid?

Although a properly written and executed will should be considered valid from one state to the next, there could be some potential discrepancies that might interfere with the execution of the will and complicate and prolong the probate process. For instance:

  • Many states recognize holographic, or handwritten wills, as valid, but others do not. 
  • Some states have specific requirements about witnesses when a will is being executed for it to be considered valid. Many states require at least two witnesses, but some do not require any. Sometimes, the witnesses need to be “disinterested” (i.e., not a beneficiary). 
  • Requirements about having the will notarized or being dated also vary from state-to-state.

State-Specific Tax and Property Laws

State-specific laws related to inheritance and estate taxes can vary widely. In fact, some states don’t have any inheritance or estate taxes. So, moving to a state that does have estate taxes could have a significant impact on your estate planning overall. You might need to restructure assets, including setting up or adjusting trusts and arranging for gifts and charitable donations to help minimize the tax impact.  

In addition, understanding whether your state of residence is a community property state or a common law property state might affect spousal and family inheritance rights and require some adjustments in how you structure your assets in your estate plan. 

Probate Process

The probate process can look very different across state lines. You will want to be prepared by knowing what the thresholds, court procedures, and requirements are for your state. Also, if you have designated an executor who does not live in your current state of residence, some states might require you to change to someone local who will be better able to administer your estate. Or, your designated executor might be unwilling to administer your estate in a new jurisdiction.

Get Help From Estate Planning Experts

If you have moved to California from another state, or if you are a California resident who has not yet gone through the estate planning process, the attorneys at Lonich Patton Ehrlich Policastri can help! We have years of experience in guiding clients through the process of preparing wills, setting up living trusts, assigning power of attorney, litigation, probate, and more. Call us today at 408-553-0801 to schedule a free 30-minute consultation to get started. Let our team help protect your family’s future.

 

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/2024/05/bigstock-Young-Man-Packing-Box-Moving-250935988.jpg 601 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2024-05-17 01:29:152024-05-17 01:29:15Does Moving to Another State Affect Your Estate Planning?
A young couple stands in front of a wedding chapel in Las Vegas on. Fast wedding chapel are popular by tourists and domestic people of Las Vegas.
Gina Policastri

Can I get a divorce in California if I got married in Las Vegas?

May 10, 2024/in Family Law /by Gina Policastri

We’ve all heard of the “Vegas wedding,” and indeed, Las Vegas has become a very popular destination for couples looking to get married quickly. Many people perceive getting married in Vegas as easy, as it requires minimal paperwork, no significant waiting period, and no need for blood tests, which are required in some U.S. states. 

One of the most frequently asked questions is whether a marriage officiated in one state, such as the quick nuptials of Las Vegas, can be dissolved in another state, like California. In this guide, we’ll explain what you need to know about filing for divorce in California after getting married in Las Vegas. 

So, can I get a divorce in California if I got married in Vegas?

The short answer to the question is yes, you can get a divorce in California even if you got married in Las Vegas. California, like most states, recognizes marriages performed in other states and countries, including those in Las Vegas. However, certain criteria must be met to file for divorce in California, irrespective of where the marriage took place.

Criteria for filing for divorce in California

Firstly, to file for divorce in California, either you or your spouse must be a resident of the state for at least six months prior to filing. Also, you must have lived in the county where you plan to file for divorce for at least three months. Meeting these residency requirements is crucial, regardless of where the marriage ceremony occurred.

Once you meet the residency requirements, you’re eligible to file for divorce in California. When you file forms with the court, you’ll need to pay a fee, which costs between $400 and $500. As long as you can pay, you meet the criteria for filing for divorce in California. 

What’s the process for filing for divorce in California?

Once residency requirements are fulfilled, the process of divorce in California follows the same legal procedures, whether the marriage took place in Las Vegas, New York, or even abroad. 

This includes filing a petition for dissolution of marriage with the appropriate California court, serving the petition to your spouse, and navigating issues such as division of property, child custody, and spousal support according to California’s laws.

However, while the process may seem straightforward, complexities can arise, especially in cases involving interstate or international marriages. Differences in state laws regarding property division, alimony, and child custody can significantly impact divorce proceedings.

Discuss your divorce proceedings with an LPEP expert

For couples married in Las Vegas but seeking a divorce in California, it’s crucial to consult with a qualified family law attorney well-versed in both California’s divorce laws and the intricacies of interstate marriages. Seeking legal advice early in the process can help alleviate stress and ensure a smoother transition out of the marriage, regardless of where it began.

If there are disputes regarding jurisdiction or conflicts between state laws, seeking legal counsel becomes even more imperative. A knowledgeable attorney can help navigate these complexities and work towards a favorable resolution that protects your interests.

At Lonich Patton Ehrlich Policastri, we can help you with everything from divorce planning to litigation. Our highly experienced family law experts and divorce attorneys can guide you through the legal process of divorce in California, ensuring that your rights are protected and that the divorce is handled efficiently and effectively.

Contact LPEP 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/2024/05/bigstock-127150505.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2024-05-10 00:26:252024-05-10 00:34:09Can I get a divorce in California if I got married in Las Vegas?
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Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

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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