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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
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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When is a Collaborative Divorce Appropriate?
/in Family Law /by Virginia LivelyIt’s no secret that divorces can be costly, time-consuming, and emotionally exhausting. Some people stay in bad marriages rather than go through the expensive turmoil associated with most divorces. However, there is another option to the traditional divorce process – a collaborative divorce. Could a collaborative divorce be appropriate for you?
What is a Collaborative Divorce?
A collaborative divorce is a method of dissolving a marriage that emphasizes cooperation and respect. Instead of approaching divorce as a contentious, adversarial process, a collaborative divorce encourages the couple to work together to reach a mutually beneficial agreement. This form of alternate dispute resolution (ADR) aims to minimize conflict and promote a healthy, amicable resolution.
While a collaborative divorce may not work for all divorce cases, it could be appropriate in the following circumstances:
The Benefits of a Collaborative Divorce
One of the key advantages of a collaborative divorce is the control it provides to the couple. Instead of leaving decisions to a judge, the spouses have the power to negotiate and decide on the terms of their divorce. This process also tends to be less adversarial, reducing emotional stress and promoting healthier communication between the parties.
Furthermore, because the process is designed to avoid court, it can potentially save time and money. While the collaborative process does involve costs (such as attorney fees and costs for other professionals), these can often be less than the costs associated with a protracted court battle. Additionally, the couple is not at the mercy of the court’s schedule, so the process can usually be concluded relatively quickly.
The Collaborative Divorce Process
A collaborative divorce begins with each spouse hiring a collaboratively trained attorney. The couple and their attorneys then sign a participation agreement, committing to resolve their issues without going to court. If they can’t reach an agreement and decide to litigate, both lawyers must withdraw from the case. This stipulation is intended to encourage everyone involved to commit fully to finding a resolution through collaboration.
The next step involves a series of four-way meetings between the spouses and their attorneys. These meetings provide an opportunity for open discussion and negotiation, where all assets, debts, and issues related to children (if applicable) are addressed.
In addition to legal counsel, couples may involve other neutral professionals such as financial advisors, child specialists, and mental health professionals. These experts can provide guidance on complex issues like asset division, child custody, and emotional stress. The goal is to create a divorce agreement that respects the needs and interests of both parties.
Reach out to our attorneys at Lonich Patton Ehrlich Policastri if you think a collaborative divorce might be right for you or if you have questions about the process. We understand that divorce is a personal matter and will help you find the best option for your situation.
Contact us for a free consultation by filling out our online form or calling (408) 553-0801.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What to Know About Harassment
/in Family Law /by Mitchell EhrlichIn recent years, people have come to associate harassment with misconduct in the workplace. However, this unacceptable behavior can take many forms and occur in various settings.
Therefore, it’s important to know when and where harassment can take place and what your options are if you find yourself in such a troubling situation.
The Many Forms of Harassment
Harassment is an unwelcome behavior that intimidates, offends, or creates a hostile environment. It can be deeply damaging to the person experiencing it. Here are some common forms:
Sexual
This is one of the most widely recognized forms of harassment. It involves any unwanted sexual advances or obscene remarks, which can range from inappropriate comments to physical assault. It often occurs in a situation where the harasser is in a position of power over the victim.
Workplace
This type of harassment occurs when an employee is subjected to unwelcome conduct from a colleague. It may include bullying, unfair treatment, or offensive jokes. It can lead to a hostile and toxic work environment and may significantly affect an individual’s job performance and mental health. While workplace harassment can be towards anyone, it is prevalent among women from marginalized races and ethnicities.
Online
With the rise of digital communication, online harassment has become increasingly prevalent. It can include cyberbullying, stalking, doxxing (publicly revealing private information), and trolling.
Racial
Racial harassment targets individuals based on their race or ethnicity. It can involve racial slurs, derogatory comments, or acts of violence. It serves to demean, belittle, or intimidate individuals because of their racial background. Sometimes, global events can increase harassment towards a particular race, such as the proliferation of hate crimes against Asian Americans during the COVID-19 pandemic.
Stalking
This involves unwanted and obsessive attention by an individual toward another person. Stalking behaviors can include following the victim, appearing at their home or place of work, making harassing phone calls, leaving written messages or objects, or vandalizing the victim’s property.
Harassment can be a traumatic and distressing experience, but it’s vital to know there are options available. The first step is acknowledging the situation and understanding that it’s not your fault.
Keep a detailed record of each incident, including the date, time, location, people involved, and what was said and done. If possible, save emails, texts, social media posts, or any other form of communication as evidence.
If harassment occurs in the workplace, you will need to report it to a supervisor or the human resources department.
In California, harassment can be either a misdemeanor or a felony, depending on its form. Therefore, if the harassment continues or involves physical assault or threats, you need to reach out for legal advice. Our attorneys at Lonich Patton Ehrlich Policastri can review your situation and provide you with the help you need. We have extensive experience in protecting our clients from the many forms harassment can take and guide you through the process of obtaining a protective or restraining order.
Contact us for a free consultation by calling (408) 553-0801. Remember, you have every right to feel safe and respected.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What Often Gets Overlooked In Retirement And Estate Planning?
/in Estate Planning /by Michael LonichWhen it comes to retirement and estate planning, there’s a lot to think about. Amidst the complexities and uncertainties of the future, certain critical elements often get overlooked or are underestimated as we do our best to plan for the future.
In this article, we’ll explore some of the often-overlooked considerations in retirement and estate planning. This knowledge can help you make more informed and comprehensive preparations for your retirement and the transfer of your assets to future generations.
What is the difference between retirement and estate planning?
Retirement planning and estate planning are two distinct yet interconnected financial processes, each serving unique purposes in your financial life. Retirement planning involves setting financial goals for your retirement, ensuring you’ll have enough money to live comfortably after you stop working. On the other hand, estate planning is the process of setting up a plan for the transfer of your estate to your beneficiaries.
Retirement planning: Factors that are easy to overlook
Retirement planning involves much more than simply setting aside a portion of your income in a retirement account. While most of us diligently save for our retirement years, there are several factors that we often overlook. These aspects can have a profound impact on our quality of life during retirement. Here are a few key considerations that are commonly underestimated:
As you can see, retirement planning involves careful consideration of many different factors. To ensure a secure and comfortable retirement, it’s essential to take these often-overlooked elements into account and seek professional guidance when needed.
Estate planning: Key factors to consider
Estate planning is the process of arranging for an efficient and orderly transfer of your assets to the beneficiaries you’ve chosen upon your passing. While many recognize the importance of estate planning, certain crucial factors within this realm are often underestimated or overlooked, including:
To ensure your estate is managed in accordance with your wishes and to minimize potential complications for your loved ones, it’s crucial to give careful thought to these often-overlooked factors in your estate planning endeavors.
Contact LPEP for expert retirement and estate planning
Consulting with an experienced estate planning attorney can help you create a comprehensive plan that safeguards your legacy and provides peace of mind for both you and your family. At Lonich Patton Ehrlich Policastri (LPEP Law), our experienced attorneys have exceptional attention to detail to make sure these critical factors aren’t overlooked when it comes to your retirement and estate planning.
Contact our team for a free consultation today.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How Are Assets Divided in a Divorce?
/in Family Law /by Gina PolicastriNo couple gets married expecting to divorce eventually. Unfortunately, there are many situations that might arise (e.g., infidelity, incompatibility, irreconcilable differences, etc.) when divorce becomes the best option. Untangling your joint finances is often one of the most complicated issues. So what happens to your assets in a divorce?
You and your spouse must work together to agree on how to split up property. In this case, property includes (1) anything that can be bought or sold like real estate, household goods, jewelry, vehicles, etc., as well as (2) anything that has value like income, investment and retirement accounts, stocks, etc. If you had a prenuptial or postnuptial agreement in place, this process is usually faster and smoother, and the court will most likely follow the agreed-upon terms regarding division of assets.
In the absence of a pre- or postnuptial agreement, and if you and your spouse cannot agree, the court will decide these issues for you. Divorce laws vary from state to state but all states fall into one of two categories:
Division of Assets in California
California is a community property state, so it’s important to know what the state considers community property versus separate property. In general, community property is everything you own or owe together while married. For instance, if you bought a house together and paid the mortgage while married, both the house and any outstanding debt belong to both of you.
Separate property, on the other hand, is anything you owned or owed before your marriage or after your separation, or any individual inheritance or gifts. Determining the official date of separation varies for different couples. Some consider the date of separation the day they moved out. Others might choose the date you told your spouse you wanted a divorce or filed for divorce, or the date you decided together to move forward with a divorce. Anything you earned, bought, or owe after the date of separation is separate property.
Each spouse is allowed to keep all separate property, but all community property will be split evenly between spouses. You will need a formal court order, but this process is easier if you and your spouse can develop a divorce agreement that outlines how you both want community assets distributed. If your divorce is contentious, or you simply cannot agree, the courts will decide how to divide your assets during a hearing or trial.
We Can Help Protect Your Interests
At Lonich Patton Ehrlich Policastri (LPEP Law), our family law attorneys are experts in property division issues in California. We have years of experience in protecting our clients’ interests in cases of divorce. We work together with other professionals like property evaluators, accountants, forensic accountants, and business evaluators to ensure an accurate representation of all your assets, determine marital vs separate property, and assess the value of property, as well as discover any hidden family assets. Let LPEP make sure you get what you deserve. Call us today at (408) 553-0801 to schedule a free, 30-minute consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Non-Dissolution/Paternity Case Related Name Changes
/in Family Law /by Riley Pennington and Aiden ArmstrongChanging your legal name can be important to you for a variety of personal reasons. Maybe you’ve gone through a separation, adopted a child, or are simply looking for a fresh start. Completing a name change can be daunting and often leaves people not knowing where to start. However, this article will run you through step-by-step instructions to help simplify the process. There are two different categories when it comes to a name change: Those who seek a name change stemming from a divorce/paternity matter and those who seek a name/gender change for general reasons. Name changes stemming from divorce go through the Family Court, while non-divorce-related name/gender changes occur in the Probate Court. It is important to know the difference between the two
General Name or Gender Change
Each state has its own laws, procedures, and regulations regarding adult name or gender changes, but in California, there are a variety of forms that allow a person to obtain a name change, gender change, or both. Each desired outcome has its own set of forms, which can be found at: https://www.scscourt.org/self_help/probate/namechange/namechange.shtml. To initiate a name or gender
change for a minor the forms can be found at: https://www.scscourt.org/self_help/probate/namechange/namechange.shtml and you will follow the same
process that is detailed below. If any problems arise while filling out these forms, it is best to contact a local attorney who is well-versed in this area of the law.
A. What to do once the forms are completed.
The forms need to be filed with the Probate Division at the Downtown Superior Court. Bring all the original forms, plus one additional copy. The clerk will file them if they are completed correctly. The clerk will then collect a filing fee (fee schedule can be found at local fee schedule ). Once filed, you will
receive a case number. After the forms are filed, take your filed-endorsed copies of the NC-120 to a “newspaper of general circulation” in Santa Clara County for publication. The law requires the paper to publish the NC-120 for four (4) weeks in a row before the party’s hearing. This should be done immediately because the publication process must be complete prior to the hearing.
B. Attend Hearing
When you attend the hearing, the judge will issue a decision. After that decision is made, the judge will sign a decree. If the name change is granted, the judge will sign the decree. If the judge rejects the change, the request will be denied. Ensure that the decree that has been prepared (NC-130) is filled out correctly
before being signed.
C. Obtain a Certified Copy of the Decree
Topic: How to Complete a Name Change
Law Clerk: Aiden Armstrong
First Draft
Once the decree has been signed, a certified copy will be available for pick up at the clerk’s office. A certified copy will be required to obtain government documents with the new name. The client will then be able to take the decree to any government office to obtain new documents.