Contact Us
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.
MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:
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.
© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy
How To Contest Paternity In California
/in Family Law /by David PattonWhen a man is listed on a child’s birth certificate as the father but later learns that he is not the biological father, he may want to contest paternity. In California, specific steps must be taken to do this. If you are considering contesting paternity, it is essential to understand the process and what will be required of you.
In this blog post, we will discuss the process for contesting paternity in California and provide tips on ensuring your case has the best chance of success.
Why Someone May Want to Contest Paternity
Paternity is a legal term used to refer to the state of being a father for a particular child. In California, it can be established through various means. First and foremost, if the mother of the child is married at the time she gave birth, then her husband is presumed to be the father.
If the mother is unmarried, then legal paternity can be established by signing a voluntary declaration of paternity.
Paternity may be contested in California for several reasons, such as when a man is surprised to learn that he is legally the father of a child or if there are questions about the validity of a previous paternity test. In addition, if either party is not satisfied with the results of a DNA test performed during a paternity suit and believes it was done incorrectly or was tampered with, they may file an objection and contest paternity.
Another ground on which a man can contest his paternity is if he is married to the mother and can prove he is sterile or impotent.
Additionally, suppose a man has signed an affidavit acknowledging paternity or a voluntary declaration of paternity and filed it with the Department of Child Support Services or a court. In that case, he may contest this declaration within 60 days of signing it. Alternatively, he may challenge it at any time if there was fraud, duress, or mistakes related to his execution of the acknowledgment or declaration.
How Long Do You Have to Contest Paternity?
If a man has been served with a Summons and Complaint Regarding Parental Obligation from the local child support agency, he has 30 days to respond.
The first step is to fill out the Answer to Complaint or Supplemental Complaint Regarding Parental Obligations form. The man can ask for genetic testing to determine paternity on the form.
In other cases, one parent may file a Petition to Establish Parental Relationship Services, and the other person has 30 days to respond to the petition. If the man is disputing his paternity, then it becomes a contested case.
Contesting Paternity Is a Complicated Process
If you have reason to believe you are not a child’s father, it is vital to take action and contest paternity. The first step is to contact us for a free consultation by calling 408-553-0801. Our experienced family law attorneys at Lonich Patton Ehrlich Policastri can help guide you through the process and work with you to build a case.
What to Know Before Signing a Postnuptial Agreement
/in Family Law /by Virginia LivelyMost people have heard of a prenuptial agreement, which is a legal agreement signed by a couple before marriage that establishes rules for the division of the couple’s assets and debts in cases of divorce. Postnuptial agreements provide the same financial protection but are negotiated and signed after a couple is already married. Although it can be uncomfortable to talk about money or to consider the potential dissolution of your marriage, if you think about marriage as a long-term partnership, it makes sense to discuss appropriate and fair protection of each party’s assets for the future in the same way that you would for other relationships such as business partnerships.
When to Initiate a Postnuptial Agreement
Certain life changes or situations might come up where it’s in your best interest to think about a postnuptial agreement to alleviate uncertainty about your financial future. In fact, if you have a prenuptial agreement in place but some circumstances have changed, you might use a postnuptial agreement to modify your prenuptial agreement.
If either spouse’s finances significantly increase or decrease, it’s a good time to initiate a postnuptial agreement. For instance, one spouse might inherit family money or property and want to make sure his children from a previous relationship receive those assets. Or a spouse who decides to start a business might want a postnuptial agreement in place to protect the rights and interests of business partners or profit sharers. Postnuptial agreements can also shield you from being held responsible if your spouse begins to accrue appreciable amounts of debt through unwise investments or lavish spending.
Combining finances can be one of the most difficult parts of any marriage. Some couples enter marriage without being aware of the debts or financial difficulties of their spouse. Infidelity or other marital issues can also cause stress in a marriage. A postnuptial agreement can provide some security to both parties, allowing them time to work on their marital issues without the added worry about finances. If divorce becomes inevitable, having a postnuptial agreement already in place ensures both parties’ assets are protected and can make the divorce process smoother.
What to Include
When preparing to enter into a postnuptial agreement, both parties must disclose all current assets and debts. Although postnuptial agreements are as individual and unique as each couple, they most often include instructions for how to distribute:
Get Help Drafting an Effective Postnuptial Agreement
In California, postnuptial agreements have to meet several requirements to be considered legally enforceable, including that they must be:
Unfortunately, a California court might declare a poorly written agreement with vague or ambiguous language invalid, thus putting both spouses’ desires in jeopardy. To ensure that your postnuptial agreement is legally binding and will withstand a family court judge’s review, you should work with an experienced attorney.
At Lonich Patton Ehrlich Policastri, our attorneys specialize in drafting effective postnuptial agreements that help protect your interests, using direct and detailed language. If you have questions about postnuptial agreements or want to discuss your specific situation, give us a call today at (408) 553-0801 to set up a free consultation. We have decades of experience navigating the complex landscape of family law and welcome the opportunity to discuss your options to successfully protect your financial future.
Do I Need an Attorney for a Postnuptial Agreement?
/in Family Law /by Mitchell EhrlichMarriage is a beautiful partnership between two people. While the majority of people are familiar with prenuptial agreements, also known as “prenups”, less people are aware of postnuptial agreements. If you entered into your marriage without a prenup, take heart – it is not too late to make a legal move to protect the financial future of yourself and your loved ones. Postnups are not as common as prenups, but are still a powerful tool that can be used to protect yourself from a complicated divorce. No one plans to get divorced, but it is a reality for many marriages.
What Does a Postnuptial Agreement Do?
Postnuptial agreements are laid out to protect both parties, and can significantly reduce stress in the event of a divorce. When a couple decides to get divorced in the state of California, their assets and debts that they acquired while married are split between the two in what is deemed the most equitable way. But what happens if a major financial event happens to one member of the couple after they say their vows? This is where the opportunity for a postnuptial agreement becomes significant. Whether one spouse receives an inheritance, starts a new successful business, or even acquires a large debt, a postnup is a way to clearly dictate who receives that financial asset or burden if a divorce occurs. While the benefits of a postnup are similar to those of a prenup, postnuptial agreements can be more difficult to enforce. This is because there is a higher risk of one spouse being forced to sign the agreement against their wishes. In order to make sure you have a valid and enforceable postnuptial agreement, you need to hire an experienced and meticulous attorney.
What Are the Benefits of Hiring an Attorney to Draft the Postnup?
Since the intended goal of a postnuptial agreement is to protect and benefit both parties, not just one, having each party have an attorney to serve their interests in drafting the agreement is vital. Not only will the attorney provide wise counsel and valid insight, but the attorney will also be able to create an agreement that will be enforceable in court. Having an attorney present during all steps of drafting the agreement will also lessen the chances of one spouse being able to claim they were coerced into signing the document. Experienced attorneys understand the complexity of dividing assets and debts during a divorce, and know the necessary details to pay attention to in order to create a legally-binding document that is both fair as well as transparent.
Contact Lonich Patton Ehrlich Policastri Today For a Free Consultation.
If you believe that a postnuptial agreement is the right choice for you and your spouse, give us a call today at 408-553-0801 for a free, no-obligation 30-minute consultation. Our board-certified attorneys have decades of experience and a passion for helping our clients. Family law can be complex, so place your trust in the experts here at LPEP Law. We are happy to answer any of your questions and help walk you through the next steps.
What Is A Bifurcated Divorce & When Is It Granted?
/in Family Law /by David PattonDivorce is a difficult process under the best of circumstances. The process can become even more complicated and contentious when spouses can’t agree on anything. The term “bifurcate” means to split something into two separate pieces. Therefore, in a bifurcated divorce, the court grants the divorce itself before resolving other issues in the case.
What is the Purpose of a Bifurcated Divorce?
Deciding to end a marriage is always a complicated choice, and the process can be even more complex if significant assets or children are involved. A bifurcated divorce can be helpful when the parties want to move on with their lives but cannot agree on other matters, such as property division or spousal support.
Bifurcation may be requested at any time during the proceedings, but it is most commonly sought early on, typically soon after filing the petition or responsive pleading.
This type of divorce is typically used when one party is seeking to remarry and needs to resolve the issue of divorce before doing so. California does require a six-month waiting period after a divorce is finalized before a spouse can remarry. However, a bifurcated divorce speeds up the process by separating the dissolution of the marriage from the other issues.
It can also benefit couples who have been married for a long time and have complex financial issues that must be resolved. After the court issues the judgment of divorce, a separate trial will be set to settle the other problems, such as:
The Pros and Cons of a Bifurcated Divorce
This type of divorce can help couples who want to avoid a lengthy and contentious divorce process. It can also be beneficial for couples who wish to keep their finances separate during the divorce. In addition, a bifurcated divorce can help protect assets and ensure that property is divided fairly. Finally, a bifurcated divorce can give couples more control over the divorce process.
However, there are also a couple of potential drawbacks to consider. First, a bifurcated divorce can be more expensive than a traditional divorce, as it requires two separate court appearances. Also, it can be emotionally exhausting as you and your ex-spouse work through the contested issues.
Discuss Your Concerns With Our Experienced Lawyers
If you are considering a bifurcated divorce, it’s essential to seek legal advice from an experienced family law attorney who understands California’s laws. Our lawyers at Lonich Patton Ehrlich Policastri know that each situation is unique, and we will work with you for the best possible outcome for your particular circumstances. Contact us for a free consultation to see how we can help you by calling (408) 553-0801.
Can You Avoid Paying Alimony If Your Spouse Cheats?
/in Family Law /by Gretchen BogerInfidelity is one of the most common reasons for a marriage to end in divorce. If you find yourself in the unfortunate situation of your marriage unraveling because your spouse cheated on you, you might be wondering whether you can avoid paying alimony since you were not at fault. Although some states still allow you to file for divorce based on adultery, California is a no-fault divorce state. Cheating does not reduce or eliminate your spouse’s eligibility to receive alimony. However, alimony is not automatic or mandatory in California, and there might be a few steps you can take to protect yourself.
Types of Alimony in California
Alimony, or spousal support, is the higher-earning spouse’s financial payment to the other during and/or after a divorce, usually to help the recipient get back on their feet or maintain their standard of living. There are two types of alimony in California: temporary and long-term.
Although spousal support is usually paid monthly, there is an option known as lump sum alimony where the individual pays the entire alimony debt at once. This option might be preferable to avoid further interactions with the recipient.
How Does the Judge Decide?
When determining the amount of support and length of time the alimony should be paid, California family court judges consider several factors, including:
Can I Avoid Paying Alimony?
Since alimony is not mandatory in California, you might be able to avoid paying spousal support. If your spouse decides to cohabitate with a new partner, for instance, those new living arrangements might effectively ease his or her financial situation, which might negate the need for alimony. Alternatively, if you can provide evidence that your spouse is able to work and support themselves without additional financial help, any alimony payments ordered might be decreased or terminated. Choosing a knowledgeable attorney can significantly increase your chances of avoiding alimony payments.
An Experienced Advocate Can Help You
Divorce can be complicated and emotionally draining. When infidelity is involved, divorce can be even more stressful. Having an experienced team on your side can ensure that decisions are made in your best interest, and you are protected. At Lonich Patton Ehrlich Policastri, we have an expert team specializing in Family Law with in-depth understanding of spousal support issues and guidelines. If you have questions about alimony, please call us today at (408) 553-0801 for a free 30-minute consultation. We’re here to help.