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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.
What’s the Difference In Collaborative Divorce vs Mediation?
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriDespite the dramatization of divorce, it doesn’t always have to be a messy, contentious process. Often, couples who are in agreement that a divorce is in the best interests of both parties can finalize the divorce agreement without a long trial. If you and your spouse both agree to negotiate a fair and equitable settlement, then learn about collaborative divorce vs mediation. One may be the best path for you. It will cost significantly less — as divorce litigation can result in a much more expensive divorce. It will also help you and your spouse avoid a long and stressful litigation process.
Who Collaborative Divorce vs Mediation Will Benefit
For some couples, the formal court litigation process is necessary. Collaborative divorce and mediation work best for the following types of spousal situations:
Before deciding between collaborative divorce vs mediation, it is important to understand what both options can mean for your divorce settlement.
What is Collaborative Divorce?
Collaborative divorce is the process of negotiating a divorce settlement in a four-way conversation with both spouses and their collaborative mediation attorney.
Many people chose collaborative divorce because it may save them from going to court, but still requires qualified collaborative divorce lawyers to represent their interests. Oftentimes, collaborative divorce requires a third-party accountant and a child custody specialist so that they may determine an equitable division of property and a child custody arrangement that is in the children’s best interest.
Once the spouses and their attorneys reach an agreement, the details are presented to a judge in a trial setting, in which the judge quickly reviews and typically approves the divorce settlement. Since the spouses reached an agreement before the court hearing, the process is usually shorter and less stressful than typical divorce litigation.
What is Divorce Mediation?
Divorce mediation is the division of property that is facilitated by a divorce mediation specialist.
The divorce mediation specialist does not need to be a qualified divorce attorney, however, couples with high-asset-net-worth are advised to hire a divorce mediation lawyer.
In this scenario, the mediator speaks to both spouses to obtain background information. Next, the mediator meets with both spouses and goes through the formal mediation process in which both couples share their perspectives and interests. The mediator’s goal is to allow both parties to express their interests and create an equitable compromise. The mediator also ensures that one spouse does not overpower the other spouse during the mediation process.
Although an independent divorce attorney is unnecessary in mediation, some spouses wish to have an attorney who they can speak to after the mediation meetings. Additionally, some spouses feel that they are unable to promote their interests on their own and bring their personal attorney to the mediation meetings. If your spouse brings their attorney, it is highly recommended that you do so as well.
How to Determine If Collaborative Divorce vs Mediation Is Right for You
If you are still uncertain if you and your spouse should choose the collaborative divorce or mediation process, then it is recommended to speak with a qualified divorce attorney.
LPEP is a reputable law firm in San Jose specializing in high-net-worth divorce proceedings. Contact our office today for a 30-minute free consultation so that we can advise you on how to protect your interests without a stressful trial.
What Is Collaborative Divorce?
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriDivorce doesn’t always have to be ugly. If you’re going through a divorce or considering one, you probably share the fear of angry confrontations and animosity that divorce brings with many other couples. While mediation can be a good option for couples who want to minimize the negative effects of a divorce and handle the settlement on their own, it isn’t for everyone. Mediation can even negatively impact one of the spouses as it does not rely on the fair assessment of a lawyer for help. Collaborative divorce is an ideal option for couples who want to maintain some sort of relationship, and effectively and fairly divorce with the help of legal counsel. What is collaborative divorce and how does it work?
What Is Collaborative Divorce?
Collaborative divorce is when both parties seeking a divorce acquire individual representation. Then, through a series of 4 way meetings, the couple and their attorneys will work together to reach a fair and amicable settlement. Collaborative divorce is for couples who wish to avoid going to court or avoid building any extraneous animosity between them. The end goal is to have both parties happy with the settlement, rather than one happy and one unhappy.
The Job of Your Divorce Attorney
Collaborative divorce attorneys have specific job responsibilities they must follow to help their clients. They must be trained in negotiations and conflict resolution. They serve to advocate for their clients, maintain level-headedness, and reach a fair agreement. It is in the best interest of the attorney to help their client reach an agreement through collaborative divorce. Otherwise, if an agreement is not reached, the attorney or the attorney’s firm cannot represent the client in court. If you hire a collaborative attorney, and you withhold or pass false information to them, the attorney is required by law to inform your spouse and their representation and to remove themselves from the case. It is in your best interest to remain honest and forthcoming with your attorney, as they are there to represent and help you.
Many people appreciate the collaborative process as it can utilize the help of outside parties such as mental health professionals (among others). Your attorney or your spouse’s attorney have the ability to bring in an outside authority if they feel it will help the process of reaching an agreement. Both parties will be fully aware of the outside party’s presence and their intentions before entering the meeting. This is so both parties can prepare with their attorneys, and this goes for every meeting, not just the ones with an outside authority. As an agreement is reached, it is the responsibility of the collaborative divorce attorney to draft the settlement into a legally binding document. For an agreement to be reached, both parties must agree on all consecutive issues. There has to be unanimous agreement on each issue for a settlement to be reached in collaborative divorce.
If you are willing to negotiate with your partner, want to maintain a good relationship, and want to save money, a collaborative divorce may be the right option for you. Our experienced attorneys are skilled in the art of negotiation and conflict resolution. We want to help you and your soon-to-be ex spouse resolve your differences and come to an agreement that is best for both of your interests. Set up a free 30 minute consultation to discuss your options. Set yours up here.
What Is A Postnuptial Agreement?
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriMost people understand what a prenup is, but what is a postnuptial agreement? This is an agreement many couples entering into marriage may not know about, but they should. How can a postnuptial agreement help you and your partner?
What Is A Postnuptial Agreement?
A postnuptial agreement is very similar to a prenuptial agreement. The main difference is that the agreement is entered into after marriage as opposed to before. Just like a prenuptial agreement, a postnup is there to help dictate how assets and real estate will be divided in the case of a divorce. Postnuptial agreements can also help protect one spouse from the other spouse’s debts. While a postnup is most closely associated with infidelity and marital issues, it can be a very beneficial tool for a successful marriage.
How Can A Postnuptial Agreement Help You?
There are many ways that a postnup can help you and your spouse, and protect your interests. In California, property acquired during the marriage is presumed to be community property in a divorce. Community property means that both spouses own the property and assets equally, and they will be equally divided in court. Many California couples choose to create a postnup to avoid this equal division and to instead have assets divided as they wish. What are some examples of a postnup being beneficial?
Affairs & Infidelity
This is probably the most recognized reason for acquiring a postnup. If two parties enter into a marriage trusting one another, and post-marriage that trust is broken, many couples turn towards a postnuptial agreement for help. The potential for the marriage to not work out comes to the forefront of the couple’s mind, and they are forced to think about what the dissolution of their marriage might look like. This causes people to create a postnup to protect their assets and interests and hopefully support restoring trust.
Excessive Arguments & Turmoil
Similarly to an affair, excessive arguments can cause couples to reevaluate the security of their marriage. When couples have a lot of animosity between them, they act impulsively and in anger, and can do things that they may later regret. This is why divorces turn ugly so often. For a couple who recognizes the signs of a marriage going downhill and worry about things getting back on track, setting up a postnup to protect against negative decisions made in anger is a smart decision.
Business Owners
For a spouse or spouses who start a business after they become married, setting up a postnuptial agreement can protect both parties in the case of dissolution of the marriage. A postnup can also protect parties who owned a business prior to getting married. A postnup can protect spouses from debts acquired from a failing business. It can also protect future earnings from being equally distributed between both spouses when one spouse does all the work and solely owns the business.
Inheritance
If one spouse acquires a large inheritance and wants to protect this amount in the case of a divorce, a postnup is a smart decision. It can also protect the inheritance if the spouse invests it into a family business or personal business.
Children & Property Prior to Marriage
If one spouse owns property pre-marriage or has children from a previous marriage that they need to provide for, a postnuptial can protect against an ugly divorce and can maintain one’s assets and real estate.
Debts
If a spouse enters into a marriage with a lot of debt, or if they acquire debt post-marriage, one spouse may want to set up a postnup to protect themselves from being held responsible for a debt they had nothing to do with.
Postnups can be incredibly effective when protecting oneself from an ugly divorce, or from the community property law in California. If you and your spouse are interested in setting up a postnuptial agreement, get in touch with one of our experienced attorneys. Couples seeking a postnup can use the same legal counsel as opposed to a prenup where separate counsel for each party is required. Set up a free 30-minute consultation here to begin setting up your postnuptial today.
How To Get A Child Support Modification During The Pandemic?
/0 Comments/in Family Law /by Lonich Patton Ehrlich PolicastriNobody wants to admit that they are unable to make their child support payments to help provide financial support for their family. Unfortunately, circumstances happen that can make adhering to the payment schedule no longer feasible. With the pandemic dismantling people’s livelihood, many parents are finding that it is necessary to go through the child support modification process.
What Are The Requirements?
There are two methods of changing your child support order. If the other guardian is not willing to accept your proposed modification, then you must prove that there has been a significant “change in circumstances” since your last payment. Change in circumstances encompass the following scenarios in which one or both parents has experienced:
Sometimes both parents can come to an agreement on child support payments. Typically, this is the result of a significant life change listed above. However, it allows the modification requester to bypass the legal process of having to prove that a change in circumstance occurred. In this scenario, both parties can sign a written agreement detailing the child support modification. Then, the parents may present the agreement to a judge, and the judge can approve and legally alter the child support arrangement.
What Are Common Misconceptions About the Child Support Modification Process?
It is important to note that a nonverbal agreement between parents does not make a legal change to the child support agreement. The child support agreement may only be changed by a judge, which means that you must go through the necessary legal process in order to modify payments.
Some people may believe that modifying their child support in the event of a job loss is unnecessary if they are actively searching for employment. With such a delicate financial situation, however, it is highly advised to be proactive with managing your payments so that you may reasonably meet them without financial strain.
What Should I Do If I Can’t Afford Child Support?
If you have experienced a life-altering change in your financial situation, then it is important to be proactive in modifying your child support so that you do not become indebted to the other parent. If you have a positive relationship with the child’s other guardian, then it might be best to have a conversation with them about signing a modification agreement and presenting that to a judge to get it approved.
Many parents, however, might find it in their best interests to go through this process with the help of a qualified family law attorney. If you are living in the Bay Area and would like advice on how you can modify your child support, then contact our offices at LPEP to schedule a free, 30-minute consultation. LPEP is one of the most reputable family law firms in the Bay Area and has the resources to help you fight for your parental rights.
What’s The Difference Between Wills And Trusts?
/0 Comments/in Estate Planning /by Lonich Patton Ehrlich PolicastriNobody likes to think of leaving their loved ones behind, but it is an inevitable part of life that we will all face. Fortunately, wills and trusts allow people to ease the burden of their passing on their loved ones.
Wills and Trusts in Estate Planning
One of the most important steps that you can take in financial planning is to develop a plan for your estate in the event of your death or inability to manage your assets. While most people don’t like thinking about estate planning, it is an essential process to guarantee that your assets are given to their intended recipients.
When discussing your estate plan, it is important to decide if you want to create a will or a trust. Wills and trusts are both legal documents that dictate how a person’s assets must be distributed upon the person’s death.
If you are wondering what’s the difference between a ‘will and a trust?’ then you are not alone. While both wills and trusts have their advantages, it is important to understand their nuances so that you can choose the route best suited for your unique circumstances.
How a Will Can Help You
A will is a legal document in which a person specifies who they want to give their assets to — the beneficiaries — and how they want their assets to be divided among the beneficiaries upon the event of their death. A will automatically applies to all property that the creator owns, excluding joint-property and property owned via a trust or covered by a beneficiary designation or certain joint ownership that transfers at death.
Wills provide the benefits of being able to name a guardian for children if they are under 18 and being able to specify funeral arrangements. Additionally, they are relatively inexpensive to create, even with the help of an estate planning lawyer.
When a person creates a will they must designate an executor – a person who is responsible for executing the tasks of distributing the property according to the legally-mandated instructions in the will. It is important to include pertinent information in the will such as bank account numbers, life insurance policy numbers, and passwords to access the accounts and make the executor’s job easier.
Unlike a trust, a will must pass the probate process before the property is available for distribution. Probate is a court hearing in which a judge determines the validity of a will. While most wills pass in probate, it may be subject to a lengthy process if there are discrepancies in the will or if the judge has other reasons to doubt its validity. Since the probate process is a public hearing, it means that the individual’s private information will also be made available to the public.
A lengthy probate process amplifies the pain and stress of losing a loved one and a mistake in drafting the will can make it susceptible to a long hearing. In order to ensure a quick probate, it is highly recommended to hire a lawyer to ensure the will is lawfully dictated, especially for individuals with high-net-worth estates.
How a Trust Can Help You
A trust is a legal document that designates a “trustee” to manage the property included in a trust. A trustee can be a person, an institution, or a group of individuals who are responsible for actively managing the assets both during the person’s lifetime and/or after their death. A trust also includes beneficiaries, who are the people that will receive the assets.
Unlike a will, a trust does not automatically include all of the individual’s property and must be actively managed. Since a trust requires active management, it may be more expensive to create. Generally speaking, a trust is recommended for people who plan to make contributions to the trust throughout their lifetime, as doing this can have financial advantages such as future tax savings.
Another advantage of creating a trust is that it allows the trustee to manage the trust in the unfortunate event of a person becoming incapacitated and unable to manage their property.
Trusts also allow the property to bypass the probate process, thus making the distribution process more smooth and keeping the individual’s information private.
How LPEP Can Help You Plan Your Estate
LPEP specializes in high-asset estate planning in the Bay Area. Proudly serving San Jose and Silicon Valley, our team of reputable attorneys serve to protect your assets. We make it our goal to develop the best plan for your individual priorities, family circumstances, and finances.
If you are still uncertain of what your next steps in estate planning should be, or if you have any further questions, please do not hesitate to set up a free 30-minute consultation with our reputable lawyers.