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Valentine’s Day Causes 40% to Consider Divorce

February 13, 2014/in Family Law /by Mitchell Ehrlich

Valentine’s Day, the nationally recognized day of love, is right around the corner. However, for some of us this year, Cupid’s arrow will strike with thoughts of divorce instead of romance. In fact, the number of consumers seeking information about divorce will increase more than 40% around Valentine’s Day. So why are so many individuals exploring the possibility of divorce around this time of the year?

Philadelphia divorce attorney Jennifer Brandt explains that this phenomenon occurs because Valentine’s Day “forces us to assess our romantic relationships […]. Many people realize that they are not happy in the situation they are in and there is no possibility of it improving. Thus, they may turn toward divorce to get a fresh start.” Edward Weinstein, a New Jersey divorce attorney, offers a similar explanation: “My theory is that when you have these kinds of sentimental holidays, people start saying, ‘I deserve to be happy.’”

Avvo.com, one of the world’s largest online legal forums, also recently conducted studies that show the number of consumers seeking information about divorce escalates around Valentine’s Day. Leigh McMilllan, vice president of marketing with Avvo, states that the spike is so consistent and so prominent that researchers are coining this increase in divorce searches as the “Valentine’s Effect.” Avvo has consistently seen a large increase in the number of people searching for information on divorce around Valentine’s Day for the past four years. Women comprise of a majority of the searches (67%) and the big cities are hit the hardest – Los Angeles, Houston, Chicago, Phoenix, and Dallas lead the country in the number of people searching online for a divorce lawyer.

If you are considering divorce or have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Sources: http://www.mainstreet.com/article/family/marriage/divorce/valentines-effect-causes-40-explore-divorce?page=1; http://jamiat.org.za/blog/valentines-day-causes-a-peak-in-number-of-divorces-research-2/

Does Donating Sperm Via Craiglist Make You A “Father”?

February 4, 2014/in Family Law /by Julia Lemon

To some, donating sperm is considered an easy way to make some cash. However, for one Kansas man,* donating sperm turned out to be way more than he bargained for. William Marotta donated sperm to a lesbian couple via Craigslist, but did not comply with a Kansas statute that required that a licensed physician perform the insemination. Instead, he gave the sperm directly to the couple.

The state of Kansas sued Mr. Marotta for parental support of his child, even though he and the couple signed a written agreement relinquishing his parental rights. The court decided that since the parties did not comply with the statute, Mr. Marotta is the child’s legal father whether he likes it or not. Therefore, he will have to financially support the child, as well as provide back pay to the State of Kansas for aid the child has already received. As a result, there will probably be more litigation in store for these parties.

Fortunately, this costly and uncomfortable result can easily be avoided. In California, if a sperm donor gives samples of his sperm to a physician, surgeon, or licensed sperm bank, he will be treated as if he were not a natural parent of the child, unless otherwise agreed to in writing before the child is conceived. By keeping the process official and legitimate through the use of a doctor or licensed sperm bank, sperm donors can remain anonymous and can avoid “fatherhood” until they are truly ready for that responsibility. Bottom line: unless you want to pay 18 years of child support, be sure to follow all of the statutory requirements in the Family Code.

If you’re having paternity or child custody issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your family law issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour consultation.

*http://www.abajournal.com/news/article/man_who_responded_to_craigslist_ad_for_a_sperm_donor_is_a_dad_must_pay_chil/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

January, AKA “Divorce Month,” is Over!

February 3, 2014/in Family Law /by Gina Policastri

There’s a month for everything: National Pet Month, National Honey Month, National Grilled Cheese Month. And apparently, in recent years, January earned the less-than-flattering title of “Divorce Month.”

Findlaw.com, along with legal research service Westlaw, recently analyzed divorce filings between 2008 and 2011. Their study showed a spike in divorces in January, followed by a spike in late March. The study also revealed searches for “divorce,” “family law,” and “child custody” increased 50% from December to January – searches that continued to soar through the month of March.

So what exactly is going on during the early months of the year that causes such a rise in divorce? Miles Mason, a Memphis-based divorce attorney, lists a few reasons.

First of all, folks do not want to be perceived by friends and family as cold and heartless right before Christmas. Mason explains that “if somebody is coming to us in January, they made the decision to come see me or a lawyer before the holidays.”
Secondly, finances play a factor. Bonuses typically occur at the end of the year, a portion of which can be claimed as an asset from a spouse. Waiting until January to file for divorce will also not interfere with tax filings for the year before, which most couples file jointly.
Lastly, psychiatrist Mark Banschick explains that the start of the new year usually prompts an “existential moment” where people take a closer look at their lives, realize that it passes by too quickly, and that their current situation is not happy. As a result, “they call attorneys out of pain.”

If you have questions about divorce planning, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Our attorneys have decades of experience handling complex family law proceedings and offer a free consultation.

Source: http://www.cnn.com/2014/01/17/living/january-divorce-month-matrimony/index.html?sr=fb011714divorcejanuary3p

If You Think a Child Can Have Only Two Parents, Think Again.

January 31, 2014/in Family Law /by David Patton

As of the first of this year, some new and exciting changes have occurred in California family law. Last fall, Governor Brown signed bill SB 274* which allows children to have more than one parent. The court will grant parentage to multiple parents where it is determined that having only two parents will be detrimental to the child.

The law, now part of the California Family Code, directs the family court to consider all relevant factors, including, but not limited to, the harm of removing a child from a stable home with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. For example, this would allow a child to remain legally connected to both of his natural parents while creating a new legal connection between him and his aunt who has cared for him for a significant amount of time.

With this law, the court can allocate time and custody of the child among all of the legal parents. As always, what is in the best interests of the child is what controls the court’s decisions. This is the same for child support. In the end, Governor Brown acknowledged that in some situations, a child can benefit from having the care and support of three or even four parents. This is a major departure from previous laws which only allowed each child to have two legal parents. Now, there are more people who will have standing in family law proceedings in regards to certain children.

If you are interested in petitioning for parentage of a child, or are dealing with other family law issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your divorce or custody issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Erlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour consultation.

http://articles.latimes.com/2013/oct/04/local/la-me-brown-bills-parents-20131005

*SB 274 is now operative as of 1/1/14.

What to Prepare Before Meeting Your Estate Planning Attorney

January 30, 2014/in Estate Planning /by Michael Lonich

So you’ve decided to set up an appointment with a trusted estate planning attorney – now what? There are a few things you should consider before visiting your estate planning attorney in order to make best use of your initial consultation. They include:

Know your family members.
- Though it sounds rather obvious, really know your family: your spouse’s Social Security number, your children from your previous marriages’ birthdays, when your former marriage ended, your ex-spouse’s children, and so on.
- Do you have a prenuptial or post nuptial agreement? If so, you’ll want to bring a copy with you to your appointment.
Know your assets and debts.
- Real property, stocks, bonds, and savings accounts.
- Do you own a business? Know what type of business you own (sole proprietorship, limited partnership, limited liability company, or corporation) and any agreements or licenses associated with the business.
- Have an idea of the value of your personal property: automobiles, boats, planes, artwork, jewelry, coins, and other valuable items.
- Assets include retirement benefits and life insurance.
Know who you intend to be your beneficiaries.
- This is arguably the main purpose for meeting with your estate planning attorney – so the attorney can help you put in writing who you’d like to have your property when you pass. Know who you want to take your real property, your personal property, your cash, your stock options, and so on.
- Conversely, know who you don’t want to take your property. When your will is probated, you want no room for question as to whether a beneficiary was not included because you forgot about them (and you actually meant for them to inherit certain property) or rather, the beneficiary was rightfully not included because you intended to leave that individual out.
Know who you want your trustee, child guardians, property agent, and healthcare agents to be.
- This is one of the most important components of estate planning. These individuals will help execute your will or help make end-of-life decisions for you should you become unable to do so. Take good care in who you choose to appoint to these positions, and be sure to advise them of their role so they can best prepare themselves and know what choices to make if and when they need to make them for you.

Estate planning is a highly complex area of law. If you are interested in creating an estate plan or have any questions regarding your current estate plan, please contact the experienced estate planning attorneys at Lonich Patton Erlich Policastri for further information. The attorneys at Lonich Patton Erlich Policastri have decades of experience handling complex estate planning matters, including living wills and trusts, and we are happy to offer you a free consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

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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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