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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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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.
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Can You Amend a Postnuptial Agreement?
/in Family Law /by Gretchen BogerCreating a postnuptial agreement after marriage is a great way to protect yourself and your assets in the event of a divorce. While thinking about divorce after saying “I do” isn’t top of mind for most couples, a postnup provides transparency and understanding in your marriage. So let’s say you have established a postnup, but now several years have passed and your situation has changed. Are you still bound and tied to the original postnup, or can you amend a postnuptial agreement to reflect current circumstances?
Can a postnuptial agreement be amended?
Yes. Like a prenup, a postnup can also be edited and amended after it has been created. Situations change, and life happens. Certain events that might make it necessary to update an existing postnuptial agreement include:
Likewise, you can update your postnuptial agreement if you or your spouse has acquired a new debt and you want to make sure you have a legally binding agreement in place detailing who that responsibility will go to in the event of a divorce. Postnuptial agreements are tailored specifically to the needs of both spouses involved, and no two are alike. They are created and modified to reflect the unique circumstances and desires of each respective party.
In order to make any amendments, both parties must agree on the changes being made. However, there are circumstances that would prohibit making any modifications to an existing postnup. These situations include if the couple is currently separated or seeking a divorce. Additionally, if the amendments being made would adversely affect any children involved, those changes would not be possible to make. The postnup, just like a prenup, can even be revoked if both parties mutually agree on getting rid of it.
How do you amend a postnuptial agreement?
The most important thing to do in order to make an amendment to your existing postnuptial agreement is to consult with a trusted attorney. Here at Lonich Patton Ehrlich Policastri, we have a team of dedicated attorneys with the expertise to navigate these matters. Since postnuptial agreements (and amendments made to them) can sometimes be difficult to enforce, it is imperative to have a skilled attorney guide you through the process in order to ensure that you have an enforceable document that will hold up in court and also satisfies the desires of both parties. We are one of the most prominent firms in the Bay Area and have the resources and experience to help guide you and your family. If you have questions about creating or amending a postnuptial agreement, give us a call today at 408-553-0801 or fill out our online form here for a free 30-minute consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What is Spousal Abandonment?
/in Family Law /by Mitchell EhrlichAt its best, marriage is a permanent partnership between two people who love each other. In the eyes of the law, marriage is also a civil contract that requires a license, witnesses, and registration with the state. When either spouse decides to end the partnership, he or she usually files for divorce, and the family court system helps determine issues related to distribution of assets, spousal support, and custody.
However, sometimes a spouse chooses to leave the marital home, stop fulfilling reasonable responsibilities and duties to the family, and, in some cases, cease all contact instead of filing for divorce and ending the marital contract in family court. Known as spousal abandonment, this type of behavior can have devastating effects on a family.
Types of Spousal Abandonment
There are several types of spousal abandonment, including:
It’s important to note that simply moving out of a shared home does not necessarily qualify as spousal abandonment. As long as the spouse in question continues to provide financial and other support and does not sever all ties with the family, there is no case for marital abandonment.
Spousal Abandonment in California
Since California is a no-fault divorce state, the court system does not recognize spousal abandonment as grounds for divorce, so you would not need to provide evidence of abandonment. Instead, you would likely cite “irreconcilable differences” as your reason for filing, which allows you to move forward quickly with your divorce.
Although spousal abandonment will not affect the divorce filing, the California family court would most likely take it into consideration throughout the divorce process when considering custody, alimony, and property division.
How Spousal Abandonment Affects Divorce in California
When filing for divorce, California requires you to make a good faith effort to locate your spouse and serve divorce papers to inform them of your intent. If your spouse has abandoned you, however, the court might approve alternative means, such as publishing a notice in a newspaper, to serve a spouse who cannot be found.
During the divorce proceedings, a judge might consider spousal abandonment when determining:
We Will Fight For You
If you are the victim of spousal abandonment and considering divorce, it’s important to have someone on your side to help you navigate the California family court system, especially in this complicated situation. At Lonich Patton Ehrlich Policastri we have been helping clients protect their rights and best interests in divorce cases for decades. Please contact us at 408-553-0801 or fill out our online form here for a free, 30-minute consultation to discuss your case and your options. Let us fight on your behalf.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Can Grandparents Sue for Visitation Rights?
/in Family Law /by Gina PolicastriYou can not overstate the importance of the grandparent-grandchild bond. While siblings, parents, and cousins may be a part of this essential tapestry, there is something uniquely special about grandparents and grandchildren coming together. Grandparents have their own brand of unconditional love that they impart to the youngest generations—one full of shared experience and advice; one loaded with history and tradition. Can Grandparents Sue for Visitation Rights?
Unfortunately, many grandparents are barred from forming healthy relationships due to a variety of factors. Thankfully, in the state of California, there is protection under the law for grandparent visitation rights, but some restrictions are still in place.
Here’s what you need to know if you’re considering suing for visitation rights in California.
An Established Bond with Grandparents
In California, grandparents must prove that they have a close and loving relationship with their grandchild in order to have the legal right to petition the courts for visitation rights. It is not enough to just prove that the grandparent was caring towards the child, as it must be shown that the two were formerly involved in a meaningful relationship and understand each other’s feelings.
Grandparents who can prove this stand a good chance of being granted visitation rights. Active involvement from both sides will help ensure the grandparent-grandchild relationship is worth preserving.
The Child’s Best Interest
When the court is making decisions concerning grandparent visitation rights, their priority is always the child’s best interests. This means they only grant these rights when they are confident that it won’t negatively affect the upbringing of the child. The court will balance the grandparents’ rights against the rights of the parent to make decisions regarding their children.
The Parents’ Marital Status
Typically, the grandparents can’t sue for visitation rights if the child’s parents are married. However, there are exceptions to this rule, such as:
Furthermore, a grandparent may petition for visitation if the parents are not married.
Are You Considering Petitioning the Court for Visitation?
A strong relationship between a grandparent and a grandchild is invaluable for both generations. However, navigating the laws surrounding grandparent visitation rights in California can be confusing and complicated. Generally, this requires filing appropriate forms and identifying various factors that establish why such rights would be beneficial to the children. Our attorneys at Lonich Patton Ehrlich Policastri can assist you with petitioning the court and establishing a case for grandparent visitation.
We have years of practicing family law in San Jose and the greater Bay Area and understand the importance of family bonds. Contact us for a free 30-minute consultation by filling out our online form here or calling us at 408-553-0801. We will review your case and help you protect your rights as a grandparent.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What is an ex parte custody order?
/in Family Law /by Virginia LivelyWhen a couple is getting a divorce, important decisions can become complicated, especially if there are children involved. Child custody requires extensive planning and forethought. In a typical child custody case, the courts look into a variety of things regarding both parents in order to make a decision that is focused on what is best for the child (or children). Both parents are involved in making this decision. However, there is a circumstance known as an ex parte custody order, which allows for court proceedings involving only one parent or guardian to take place without notifying the other.
What is an ex parte custody order?
An ex parte custody order happens when one parent files a legal document with the court in order to get custody of the child, without notifying the other parent of what is happening. Ex parte requests are reserved for imminent and dire emergencies. Some examples of what the courts consider an emergency are situations where the child is at risk of being abducted by the other parent or is suffering from mental or physical abuse. Requesting an ex parte custody order essentially means you formally ask the judge to make a decision immediately, regardless of the other cases the judge had scheduled for that day. Ex parte requests should be reserved for the most utmost emergencies, where the well being of the child is in real danger. If you are confident that the situation requires immediate action and an ex parte custody order is the course of action you need to take, then you need to make sure your homework is done so you can act swiftly and efficiently.
What to do before, during, and after the hearing.
In an average child custody case, both parties are aware of the court date and all of the details. In an ex parte case, one party files the required documents known as “pleadings”, with the assistance of an attorney. The most crucial part of this step is to make sure you have an attorney well versed in family law and knowledgeable on ex parte cases. Since courts in the same state can be very different from one another, make sure your attorney is familiar with the specific court you will be appearing at. Doing your homework is vital. When you arrive at court, sometimes they will have already made a decision based on your pleadings alone. Occasionally, they will want to hear an oral argument from the petitioning party. After the hearing, the ruling will be made in writing.
Here at Lonich Patton Ehrlich Policastri, we understand the importance of settling child custody cases amicably. We have a strong reputation in San Jose and Santa Clara when it comes to helping families with custody cases of all kinds. Contact us today at 408-553-0801 or fill out the form here for a free 30 minute consultation, and allow one of our experienced attorneys to help guide you in the next steps to take for your family.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Can I Sue My Spouse For Cheating On Me?
/in Family Law /by Gretchen BogerInfidelity can be extremely emotionally draining and stressful. If your spouse cheated on you, you may be wondering if, as the injured party, you have any legal recourse to receive compensation for your pain. Although somewhat complicated, there are a few circumstances in which you might be able to bring a civil case against a cheating spouse.
Alienation of Affection
When a third party interferes in a loving relationship between a husband and wife, some states allow what is known as an alienation of affection lawsuit. Usually, this type of claim is filed against the third party, rather than against the spouse, however. Filing an alienation of affection lawsuit requires proof that your marriage was a happy and loving one and that the third party intentionally destroyed your marriage. Unfortunately, only a handful of states still recognize this type of lawsuit, and California is not one of them.
Infliction of Emotional Distress
In California, victims who have suffered emotional anguish as the result of someone else’s actions can sometimes sue for either Negligent or Intentional Infliction of Emotional Distress (NIED or IIED lawsuits). Although adultery can certainly cause significant emotional distress, you should carefully consider what this type of lawsuit entails, including:
Unless you think you have a very strong case or stand to recoup a large amount of financial compensation from your spouse, filing an NIED or IIED lawsuit may cost more time and money than its worth.
How Infidelity Affects Divorce in California
Whether or not you choose to pursue a civil claim against your spouse for an extramarital affair, you might also be considering divorce. Since California is a no-fault divorce state, you would most likely cite irreconcilable differences, rather than adultery, as the reason for your divorce.
Although the California family court system does not usually take infidelity into account in divorce proceedings, there are certain cases where it can affect custody agreements or spousal support. Also, if your spouse spent marital assets on their affair (e.g., expensive gifts, luxury vacations, or hotel stays), the judge will likely require them to reimburse you for those assets during the division of your marital estate.
Facing Infidelity? We Will Fight For You
Our team at Lonich Patton Ehrlich Policastri has decades of experience dealing with complicated divorce cases in California. We understand the toll that extramarital affairs take, and we work hard to protect your rights and make sure you understand all your options. Call us today at (408) 553-0801 to set up a 30-minute free consultation with our family law experts.