The idea that you and your spouse may no longer share your lives together can be devastating and it is common for people to get lost in the emotional toll and legal confusion. When the time is right, however, it is wise to educate yourself on your available options for your next steps with your spouse.
Though the terms legal separation and divorce are often used interchangeably in California, they have distinguishing features. Before pursuing one option, it may be beneficial to understand the difference between legal separation and divorce.
Legal Separation vs. Divorce
Both legal separation and divorce refer to a legal process that arranges the division of property, child custody, visitation rights, and a schedule of alimony payments (when applicable).
A divorce is a firm legal division that legally ends the marriage. People who choose divorce over legal separation are often either hoping to become remarried in the future, hoping to dissolve nearly all financial and legal obligations between the spouses, or see no legal benefit of maintaining their marriage
Though divorce is more common, there are benefits of maintaining a legal separation. With a separation, the spouses’ property and financial assets are still divided, however, the spouses often live separately. The key difference is that spouses who legally separate are still considered legally married and can benefit financially if they so desire.
People who seek legal separation often do so because:
The spouses are having significant difficulties but want the option to work on their marriage in the future
The spouses have not fulfilled the six-month time period that spouses must meet in the state of California before filing for divorce
The spouses do not believe in divorce due to religious or spiritual reasons
One spouse receives health or social security benefits that they wish to continue to share with the other
The spouses want to maintain the tax savings of a married couple
The spouses feel that a separation is less devastating and easier to handle than a divorce
Please keep in mind that certain benefits are not valid after legal separation and it often requires the scrutiny of an experienced lawyer to assess whether the benefits may be shared in a separation.
Often people who undergo a legal separation falsely believe that it is unnecessary to invest in an experienced family law attorney. This mistake can have a devastating financial effect on one spouse if the other spouse hires an aggressive and experienced family law attorney.
The Bottom Line
Though legal separation may appear to be a less complicated process than a divorce, the three most contested issues in a divorce — the separation of assets, child custody and visitation rights, and the schedule of alimony payments — are still all present with legal separation.
Before pursuing a divorce or legal separation, it is advised to speak with an experienced separation and divorce attorney in your area. Lonich Patton Ehrlich Policastri offers free 30-minute consultations for people wishing to educate themselves in family law practice or who have questions regarding their unique situation.
No matter which option you choose, it is important for you to invest in a qualified and reputable family law attorney in San Jose County. LPEP is one of the largest family law firms in the Bay Area, with more than 100 years of combined experience. Set up a free virtual consultation here.
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Harassment is a form of abuse that no person should have to endure. It can affect your mood, work performance, sleep schedule and overall well-being which may lead to more issues down the road. This is why it’s best to take the steps of dealing with harassment seriously by hiring a harassment lawyer. Lonich Patton Ehrlich Policastri can better inform you of what harassment is, how their harassment lawyers can help, and what you can do to protect yourself from harassment and domestic violence in the Bay Area.
What Qualifies as Harassment?
Unfortunately, harassment in cases of domestic violence comes in many different forms and is not uncommon. Overall, this type of harassment includes verbal (in person or multimedia communication) or physical actions that create an offensive, hostile, and/or uncomfortable environment for the victim. Sexual harassment includes unwelcome verbal comments or physical actions that are of a sexual nature.
Typically, to be treated as harassment, the action(s) must happen more than once. There are exceptions to this in cases of extreme acts of harassment, aggression, abuse, etc.
Lonich Patton Ehrlich Policastri deals specifically with harassment in regards to domestic violence cases. If you are being harassed and abused by someone close to you, help is available.
35.6% of women and 28.5% of men in the United States have experienced abuse or harassment in some form by an intimate partner in their lifetime. That’s over 1 in 3 women and more than 1 in 4 men (National Domestic Violence Hotline).
If you’re suffering from domestic abuse and harassment, or if you feel unsafe, there are steps you can take.
Safety Precautions
Meeting with a harassment lawyer is a good idea if you are unsure of what actions to take. Until then, be sure to keep documentation of any occurrences related to the harassment and any information that could be of use later on.
If possible, reach out to someone you can trust. Attempt to find witnesses who will support you and back you up.
Keep records of every important detail regarding your situation in case you need it later. Reach out for assistance if at all necessary, to ensure you are doing the best for yourself.
You may want to consider getting a restraining order for your personal safety and the safety of your children if you have them.
What Harassment Lawyers Can Do for You
Seeking out a lawyer before reporting your harassment may be best for you if there are chances of retaliation from your harasser, or if you are unsure of how to properly report the harassment or domestic violence. There is nothing wrong with contacting a harassment lawyer just to be safe. Domestic violence is a delicate matter that requires knowledgeable and responsible guidance.
Harassment lawyers can help you decide and go through the necessary steps of reporting harassment or abuse following your area’s laws. Helping with descriptive statements and documentation can come as a great help in case nerves or fear set in while attempting to recall events later on.
A lawyer can also help you set up a restraining order with the local authorities. They can work with you to gather evidence proving your claims, and can help develop the stipulations under which you want the restraining order to function and protect you.
In addition to this, harassment lawyers will monitor the behavior regarding your harasser and their responses to the report. A lawyer can aid in ensuring your safety, as well as the accuracy of all legal statements along the way to bring you the best outcome possible.
Luckily, harassment and domestic violence is taken seriously in the Bay Area and surrounding cities, and LPEP is well equipped to dealing with these situations.
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Are you and your spouse considering divorce? It’s a tricky subject and often, a point of contention. Taking the necessary steps to ensure you’re prepared can make all the difference. Hiring a divorce lawyer to help you with divorce planning is recommended for a myriad of reasons; one being that it can prevent a nasty trial in some cases.
Our San Jose divorce lawyers explain what you need to know to prepare for your divorce.
What Is Divorce Planning?
Divorce planning is done by a spouse with the help of a divorce lawyer. In the time leading up to actually requesting a divorce from your spouse, you will work with an attorney to plan out where you are currently and where you want to be after your divorce.
Divorce planning covers all areas of your life from your living situation to child custody. The end goal is to make your divorce as smooth as possible and to result in a favorable outcome for you.
What Areas Should You And Your Divorce Attorney Consider?
How to tell your spouse – One of the most rattling parts of divorce is deciding how to broach the subject with your spouse. It can be intimidating and often very emotional. An experienced divorce lawyer can work with you to anticipate how your spouse is likely to react to the news, and how best to approach the subject with them for an efficient, logical conversation.
You may also need to plan how to tell your children about the divorce. This is something you can plan ahead of time and then collaborate on with your spouse after you’ve informed them of your decision.
Where you will live – As a couple, you most likely have acquired property together. At the very least, you are on a lease together. You will need to create a plan with your attorney for where you will live. You can do this by planning out a budget to ensure you can afford new living situations. You will also have to consider where your children will live during the divorce if you have children with your spouse.
Spousal Support – If you are the breadwinner or the sole earner of your household, be prepared for the financial responsibility you have towards your spouse. You may be required by court to pay spousal support during the divorce proceedings. If you are the non-earning spouse, don’t expect spousal support. It is not guaranteed. It is best to consider getting a job. A divorce lawyer can help inform you of your options, whether you’re the primary earner or the non-earner in your relationship.
What about the children? – If you have children, there is a lot of planning to be done in this area. For instance, where will they live? Will you and your spouse share custody or do you plan to fight for sole custody? If you’re the primary earner, you will probably have to pay child support. You will need to work with a divorce lawyer to plan for the specifics of this future expense. If you are the non-earner, will you be requesting child support? If you and your spouse live in different districts, where will the children attend school, and how will the custody schedule work around that schedule?
Paperwork – An experienced attorney can inform you of all the paperwork and documents you will need to file for divorce. They can also guide you through the filing process such as where to file and what the laws are regarding divorce.
Having an experienced divorce lawyer to help you with divorce planning is crucial. They can keep you informed and position you for the best possible outcome for your divorce. Whatever your position in the marriage, Lonich Patton Ehrlich Policastri is prepared to help you. Get strong representation to help you with your plan. Set up a free planning consultation today.
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It’s common to have questions about alimony during divorce cases. The laws on alimony differ state to state. In California, alimony is referred to as spousal support and can be issued in two forms. Lonich Patton Ehrlich Policastri, experienced lawyers in divorce and separation, have broken down these two types to help you know what to expect.
When a couple is going through separation, they often wonder about alimony. Will they have to pay it? Do they qualify to receive it? How much will they receive? The truth is the answer varies case by case. Like many things in law, everything is specific to your case and your needs.
Alimony is a legal order to make support payments to one spouse during or after the divorce. In San Jose, there are two types of spousal support : Temporary and Permanent. Just because you qualify for one does not guarantee you’ll qualify for the other. Find out which one you may qualify for.
Temporary Spousal Support
The purpose of temporary support is to maintain the status quo of the household prior to divorce during the separation case. The time frame this is owed will vary depending on the case. A spouse will be ordered to pay temporary support until a judgement is reached. This can last as briefly as 6 months or up to several years. The amount you will receive is calculated via a software program. The gross monthly income for both you and your spouse is input into a computer program and processed. An amount for monthly payments is then submitted to the court along with who is responsible for those payments.
This type of support is common in cases where the primary breadwinner runs off and refuses to support the other partner. The other partner may have given up a career or education to stay at home and look after the family. This places them at a disadvantage and the court will often order temporary support to help. If the primary breadwinner refuses to pay support, the payments can be taken directly out of their paychecks. Temporary alimony can be issued in addition to child support.
Permanent Alimony
While temporary support is decided exclusively on gross monthly income, the court uses more discretion when determining permanent support. Both parties will go to trial over the amount owed. Factors that go into determining the amount to be paid and the length of payments are net income of both parties, if children are involved, age of both spouses, the health of both spouses and if both parties have a job or if one is in need of training. The purpose of permanent support is to transition the lower earning spouse into a lifestyle that is sustainable and allows them to be self sufficient. It is also to compensate the lower earning spouse for any damage caused to their earning potential. This refers to what we mentioned in temporary support; a case where one spouse gave up a career or education to be the homemaker.
The amount of time spousal support is owned depends on the length of marriage according to San Jose law. If a marriage is determined short term (less than 10 years), half the length of the marriage is typically rule of thumb but not guaranteed. Long term marriages (10+ years) are more open ended. They can be paid for 10 years or even longer. There’s no way to give a definitive answer to this as it’s determined on a per person basis.
Get In Contact
If you live in San Jose, CA and have questions about alimony, reach out to the experienced attorneys at Lonich Patton Ehrlich Policastri. They offer free 30 minute consultations. Find out your chances of receiving temporary or permanent support. If you have children, you can learn about child support as well.
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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As the grandparent of a child whose parents are going through a divorce, many questions can be raised. Will the grandparents be able to maintain visitation of the child? In some cases, if the parents are unfit, can the grandparents be granted full custody? What about joint custody? Lonich Patton Ehrlich Policastri are experienced family law attorneys with knowledge in grandparents rights. Getting the help of a trusted attorney can give you peace of mind and guide you through this challenging time.
Grandparents Rights: Visitation
A grandparents rights to visitation vary state to state. In San Jose, the option for visitation is granted only under specific circumstances. If the parents live separately, are unmarried or a child does not live with either parent or is in the individual care of a step parent, visitation rights may be requested. They may also request visitation if a parent is deceased or if one parent has not been found for over a month. Parents can petition for a grandparent to have visitation rights. If at least one parent agrees to visitation, California courts will consider it. The parents can also refuse visitation rights. If both parents decide they don’t want the grandparents to have visitation, courts will usually determine it is not in the best interest of the child despite any bond that has been formed with the child.
Joint Custody
If you live in San Jose and are seeking joint custody of your grandchild, the good news is it’s possible. Lonich Patton Ehrlich Policastri Family Law can help you gain joint custody. So, when can a grandparent try for joint custody? If custody to a parent/ parents is proven to potentially harm the child, primary custody to a non parent may be awarded. California also operates under the policy of the best interest of the child. If it is proven to be in the best interest of the child to live with their grandparents, joint custody is possible. At the end of the day, it comes down to a stable, safe environment for the child to be raised in.
Full Custody
This is more complicated as California courts typically like to keep parents and children together. There are specific cases where a child may be placed in the full care of a grandparent. For example, if the parents of the child have died, custody may be granted to grandparents. As with joint custody, if parental custody is deemed unsafe or not in the best interest of the child, custody may be granted to a non parent. Parents can also grant full custody to the grandparents or lessen their chance at custody if the child has lived with the grandparents for over a year.
Grandparents rights are circumstantial and very complicated. It’s best to acquire the help of an experienced family law attorney such as those at Lonich Patton Ehrlich Policastri. Get a free 30 minute consultation to go over your options. You don’t have to face this situation alone.
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.
https://www.lpeplaw.com/wp-content/uploads/2019/01/bigstock-Grandparents-With-Grandchildre-94466849-min.jpg10671600Lonich Patton Ehrlich Policastrihttps://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.pngLonich Patton Ehrlich Policastri2019-10-10 23:22:382019-10-10 23:22:40What Are Grandparents Rights In Child Custody?
It used to be that a mother was seen as the primary caregiver of a child. This led to custody often being awarded to mothers over fathers. Things have changed and the courts realize that fathers have a substantial effect on a child’s life. Fathers rights are legitimate and you’re just as likely to gain custody as the mother – barring certain circumstances.
Determining Custody
Child custody in California is determined by the best interest of the child. This is a standard used in San Jose and the rest of California to maintain equality in custody cases. This means that the court will determine which parent has the best interest of the child in mind and will provide the best environment for the child.
As a father, you have the right to seek custody of your child. You and the mother both have the right to request visitation rights. Both parties are viewed as equal by the courts. Just like in any child custody case, there are a few things that could prevent you from gaining visitation rights or custody of your kids.
If there is evidence of child abuse, domestic abuse, drug abuse, or addiction by either party, this will impact child custody.
The courts make it a priority to keep both parents as involved in their kids’ lives as possible. This is because, in San Jose, the courts believe children benefit from a healthy loving relationship with both parents.
As a father, if you have a better relationship with your child and are better able to care for them, the courts are likely to award you custody. This is all based on case to case, however.
Paternity And Custody
To be eligible for child custody, a male must prove (or have done so previously) parentage or paternity. In San Jose, these terms are used synonymously.
Paternity can be established in a variety of ways.
VDP – This is a voluntary declaration of paternity. It is used when a child is born in a medical setting and both parents or parties acknowledge each other as the legal parents through signing this form. This adds the father as the rightful parent on the birth certificate alongside the mother.
Paternity/ Parentage Action – A paternity test can be ordered by multiple parties to determine parentage. A potential father seeking to legitimize his claim or a mother using the services of the child support agency are a couple examples.
In some cases, paternity may have already been established. A child born in marriage is considered to be the child of both married parties. If the parents are unmarried but are living together in a familial situation, the male is considered the child’s father. This is, of course, if he has taken on a parental role with the child despite not being the biological father in some cases.
Fathers Rights And Child Support
To be determined as the primary caregiver and custodian of a child means that child will live with you. You are responsible for housing and caring for the child the majority of the time, and can determine where they live. The other parent may be granted visitation rights, barring any circumstances mentioned above that jeopardize the safety of the child.
As the primary custodian, you have the right to request child support from the other party. This is a sum paid monthly that helps with the costs of raising your child.
https://www.lpeplaw.com/wp-content/uploads/2019/01/Father-3-Kids.jpg15362304Lonich Patton Ehrlich Policastrihttps://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.pngLonich Patton Ehrlich Policastri2019-10-05 19:48:262019-10-05 19:48:28What Are Fathers Rights In Child Custody?
Custody is an in depth subject with plenty of nuance. It can be complicated to know where to begin. If you’re in the middle of a dispute over child custody or you’re simply wondering how to navigate this with your ex partner, these questions will get you started.
1. What is the definition of child custody and the difference between sole and shared custody?
Child custody regards the legal relationship between a parent or guardian and a child. There are two types of custody – physical custody(responsibility to house and take care of the child) and legal custody(the right to make decisions regarding the child).
Shared custody, also known as joint custody, is where both parents have the right to care for and make decisions regarding the kids. If there are differences between the two parents that cannot be resolved on certain issues of raising their kids, one parent or an appointed social worker must have the final word or power of decision.
Sole custody means one parent has full authority over custody of a child. They make the final decisions on how to raise and care for the child. The other parent has a right to voice their opinion but the parent with sole custody decides the final result.
2. What is the difference between arbitration and mediation in a Child Custody matter?
Arbitration and mediation share many similarities. They both involve a neutral third party such as an impartial judge or counselor or lawyer.
In arbitration, the impartial third party sits down with the two parties in a custody case. Both parties submit evidence and documents to the arbitrator to prove their case. The arbitrator will then make a legally binding decision based on what has been submitted. While this decision can be appealed, it is very difficult. You must prove the third party was non neutral.
Mediation is a favored way to avoid court based litigation. A neutral third party will guide the two parties towards settlement of issues in an amicable fashion. This is different from arbitration as any decisions reached are non binding.
Lonich Patton Ehrlich Policastri helps people in San Jose and Santa Clara avoid litigation through arbitration and mediation. If you need help with custody, contact them for a free 30 minute consultation.
3. In the state of California, is one parent more likely to be granted sole custody than the other?
While, in the past, it was common for mothers to receive custody over fathers, things have changed. In areas such as San Jose and Santa Clara, CA, both parents are considered equally in custody cases. Barring any drug problems or domestic violence and abuse, sole custody could be awarded to either party based on the best interest of the child. The rare exception is if a child is particularly young and would best be served living with one party.
4. In the State of California, how is child custody determined?
In California, custody is not biased towards the sex of a parent. Custody is determined based on the standards of the best interest of the child. This includes the health and safety of kids and ideally a continuing relationship with both parents.
Courts tend to favor the parent who is able to put personal issues in the relationship aside. This means they are able to maintain amicable contact with their ex for the sake of the child.
Gender, race, religion, sexual orientation, handicap or financial status does not impact the decision of custody. The law in California tries to make the process as fair and equal as possible.
5. How does child custody differ for married parents versus unmarried parents?
Regardless of whether a child is born out of wedlock, child custody decisions are all made on the same principle – the best interest of the child. However, there is an important distinction in child custody cases for married versus unmarried parents.
In cases in which a child is born out of wedlock, the mother of the child is considered the custodial parent, meaning the parent who has sole physical and legal custody. The father of a child born out of wedlock has no legal custody rights until paternity has been established or a Court Order has been established regarding custody and visitation.
In cases in which the parents of a child are married, both parents are considered legal guardians and custodial parents, unless otherwise stated by the Court. Although it is an extra step, once paternity has been established, the standard for custody determination for unmarried parents and married parents is the same.
6. What does the term “best interest of the child” mean and how do you prove what the best interest of the child is?
“Best interest of the child” is the legal standard by which most courts base decisions in child custody cases. This means that custody and visitation decisions and discussions are made by a judge based on what will best support and promote the development, well-being, and happiness of the child. There are many factors that are considered when determining the best interest of the child such as child’s age and preference, consistency, mental and physical well-being of parents, safety and parental ability. These factors may vary from state to state.
7. What is the difference between legal custody versus physical custody?
Legal custody is the right a parent has to make decisions about the child’s well-being and how they are raised. This includes decisions about schooling and medical care. It also determines if a parent has the right to get information about the child.
Physical custody is the right and responsibility to physically house and care for a party’s kids. This includes how much time a child will spend with each parent.
8. What is child support and how does it work with child custody?
Child support is financial installments paid monthly to one parent or guardian of a child in order to help with the expenses of raising and caring for said child.
Whether or not a parent owes child support is determined by a few factors. One of these factors is timeshare percentage. This is the amount of time per year one parent spends with their child. The court also considers the gross monthly income of both parents. Child support can include add ons such as medical funds that health insurance doesn’t pay for. The amount of child support you pay can be modified over time.
9. Modifications of Custody Agreements: what if there is a change in the agreement or if a move away order has been presented?
Modifications are changes to a custody agreement. These are common as circumstances change over time, affecting the original agreement put in place by a judge or parenting plan. To approve a modification, one must prove a change in circumstance with facts and evidence. Some changes in circumstances include:
Change In Job Or Income – If a parent has a new job that pays more or less, this can affect the status of the custody agreement and the amount of child support a parent owes.
Change In Age Of Children – This can affect what’s in the best interest of the child and can impact the child’s wishes. The child’s wishes, when old enough, is considered by the court and has a significant impact.
When A Parent Violates A Custody Order – If a parent violates a custody order, they can be held in contempt of court. This does not always mean a modification will be approved but can affect the outcome in certain circumstances.
If A Parent Is Imprisoned – This can affect custody due to the limitations of being in prison. Being in prison can change how much child support a parent may pay, but the parent in prison will have to submit the modification to prove this change in circumstance. If they don’t, a significant amount of child support can accrue during their sentence.
Drug Problems Or Abuse – If a child is proven to be in a dangerous situation since the original order was put in place, this is solid ground for a modification in the custody order.
Move Away Orders – Move away orders are complicated. If a parent is considering moving, they should speak to the other parent immediately. The moving parent will have to go to court and ask permission to move. A parenting plan was set in place either through the plan the parents themselves worked out or the plan a judge set up. This plan determined what was the best interest of the child and if one parent wants to move away, it has to be evaluated if that is in the child’s best interest or if it will compromise that.
It is not typically considered what is in the best interest of the parent if it negatively impacts the child. However, if a parent is moving for a new job opportunity – one that will lead to the advancement and improvement of the life of a child – that results in the happiness of the parent, a judge will consider approving the modification. A judge will also consider approving the modification if a parent has a new serious relationship and their new partner is moving for a job opportunity. Once and if you’ve moved, you will have to request the original court transfer jurisdiction to the new court in your new state. The original court that had jurisdiction over your custody case will usually maintain jurisdiction.
Another option is to have the DCSS do the mod for you. This is a very drawn out process however and isn’t for everyone.
10. Can an attorney help avoid needless litigation or other concerns during the Child Custody process?
Choosing the right family law attorney can help you avoid litigation. No one wants a difficult custody battle. It isn’t good for you or your child. By choosing an experienced, compassionate lawyer, you have a better chance of mediation or arbitration. Your attorney should be able to tell you what the likely outcome of the case will be and what you should expect based on your situation. You could also lean on a family counselor or neutral third party such as a lawyer to help you develop a parenting plan both parties agree upon. This is one way to avoid litigation and make the process of custody as smooth as possible.
If two parents create a parenting plan out of court, it is advised to have the document reviewed by a lawyer to make sure it is in the best interest of the child before signing it. If you’ve created a parenting plan out of court, reach out to the experienced attorneys at Lonich Patton Ehrlich Policastri for help reviewing the document. The court will then review the plan. Parenting plans are temporary until they are finalized by a court. A judge will consider any allegations or threats to the child’s safety before approving the plan. Once approved, the plan becomes a court order and cannot be violated.
The decision to get divorced can be a difficult one; especially if you are unsure of how you are going to financially support yourself after severing ties from your former spouse. On the other hand, you might be wondering what you may owe your spouse during and after the divorce. These questions of alimony and spousal support can be difficult and complex, so it is important to consult a knowledgeable San Jose spousal support attorney; especially the attorneys at Lonich Patton Ehrlich Policastri.
What is Spousal Support?
Sometimes after a divorce, there is a financial gap or disparity left between the two former spouses with one spouse making substantially more than the other. Spousal support, also sometimes referred to as “alimony,” seeks to correct that by helping the supported spouse maintain the same standard of living established during their marriage.
In its most basic definition, it is payments made from one spouse to the other. In other words, the financially stronger spouse makes payments to the supported spouse that follow the amount of money and time frame ordered by the court during the divorce proceedings.
What Types of Spousal Support Are There?
A party can ask for spousal or partner support to be paid while their case is still ongoing. There are two types of support that are awarded by the court.
The first type of support orders is called a “temporary spousal support order.” The goal with a temporary order is that the supported party will eventually become financially self-sufficient within a reasonable period of time.
The second type of support order that could be awarded is “permanent support” or “long-term support.” A permanent order can also be ordered by a judge once the divorce becomes final.
How is Support Calculated?
For temporary support, judges generally use a formula to calculate the amount.
On the other hand, judges consider a number of different factors to determine a final support order for a permanent spousal support. These factors include: the earning capacity of both parties and standard of living established during the marriage, the length of the marriage, and any evidence of domestic violence. If the court refuses to make an award of spousal support, the reason may be attributed to the dual careers of the couple and each party’s income earning potential.
How Does One Go About Getting Support?
If you or a loved-one are going through a divorce and would like more guidance through the process, including petitioning for support and alimony, please contact a San Jose spousal support attorney at Lonich Patton Ehrlich Policastri. Our firm offers free 30-minute consultations to new clients.
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.
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Going through a divorce or separation is an extremely complicated and emotional time. Thankfully, you do not have to go through the process alone. A high net worth divorce attorney will have your best interests at heart and will help you through this difficult time. Separation is never easy, but it does not have to be hard with the guidance of an experienced lawyer, especially in San Jose.
San Jose sits in the heart of Silicon Valley, the epicenter of innovation and technology. It would be no surprise that you or your former spouse have come to San Jose to work and have worked hard for what you own and shared. You probably have acquired a lot of assets during your marriage such as property or finances. When it comes down to splitting up what you own during a divorce, you might not know where to start or what you are entitled to. Interestingly enough, many people in this town do not know just how much they have or the value of what their assets actually are. This is where an experienced lawyer would come in to help.
What Is A High Net Worth Divorce?
In this San Jose, it would not be a surprise if your case is considered a high net worth divorce. A “high net worth divorce” has traditionally been defined as a divorce involving more than one million dollars in net liquid assets. These types of divorces come with their own set of additional challenges and complications that only a knowledgeable lawyer can help you navigate. One of the complicates may be defining your assets and potential tax consequences that come with it. Additionally, things like pre-nuptial agreements, real estate, businesses, stock options, and retirement assets will be at issue in the divorce proceedings. These items may make the process go from a simple dissolution to a complicated and contested mess. Let our divorce attorneys help you through this complex process.
If your divorce is considered “high net worth”, you should seek the advice of our high net worth divorce attorneys at Lonich Patton Ehrlich Policastri. Our divorce attorneys know the intricacies of this unique type of separation and can fight for your needs accordingly. Choosing the wrong divorce attorney could be detrimental to your case. The right lawyer will listen to your concerns, have a strong courtroom presence, and devote the time and attention necessary to secure a beneficial outcome for you. Even though emotions are running high, a good high net worth divorce attorney will cut through emotional distractions to avoid escalating conflict and avoid a lengthy and costly legal battle. Our knowledgeable lawyers will guide you on how to protect your assets and are dedicated to achieving an outcome that is beneficial to you.
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.
https://www.lpeplaw.com/wp-content/uploads/2019/01/pexels-photo-265730.jpeg12801920Lonich Patton Ehrlich Policastrihttps://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.pngLonich Patton Ehrlich Policastri2019-09-13 16:57:582019-09-13 16:58:00How to Choose a High Net Worth Divorce Attorney in San Jose, CA
Divorce is very nuanced. There are many things to consider which can make an already difficult situation more challenging. Lonich Patton Ehlich Policastri has put together a comprehensive guide of the most commonly asked questions. Get an answer to your divorce question now.
1.What Is The Difference Between Divorce Mediation And Divorce Collaboration?
Mediation is when a neutral third party is hired to facilitate resolution of issues between two people during a divorce. The mediator helps with paperwork, mutual communication between all parties, and securing 60%-70% of goals or desires are met for each party.
Collaboration is a binding contract between both parties and their attorneys stating neither will go to court. If this contract is breached, the parties will have to fire their attorneys and start the process over. Attorneys can help clients identify what’s important to them and how to work through issues. It is common to have non lawyer professionals involved in collaborative divorce. Mental health professionals, divorce coaches and financial specials can add clarity to emotions and difficulties that arise during the resolution of a marriage.
2. How Much Does It Cost To Get Divorced?
This is probably the most common divorce question. The answer is different for everyone. It depends on what issues you have. Do you have children? If so, you will need to deal with the issue of custody. How will your property be divided? Do you own a business together? What if one of you needs spousal support? Is there a post nuptial or a prenuptial agreement? All of these factors impact the cost of your divorce. The best way to find out what cost you’re looking at is to call an attorney. If you live in San Jose, Lonich Patton Ehrlich Policastri offers a free 30 minute consultation that can answer tough questions like this.
3. How Long Will A Divorce Take?
The answer for this divorce question is similar to the question above. It depends on your unique situation. The attorney you work with will need to know of any estate plans, businesses or property you and your spouse own. They will also need to consider any children and custody agreements involved. It depends on how much you and your spouse agree upon. If you go through mediation or collaboration, it could take less time than going through litigation.
4. How Is Property Divided In A Divorce?
In California, this comes down to two rules: Community property and Separate property. Separate property is anything you acquired before your marriage and that hasn’t been commingled or shared between the two parties during the marriage. If you owned a house before your marriage and have kept it separate from community property, that is added to your separate income when division begins.
Community property is anything acquired during the marriage or shared during the marriage. This includes a family home, cars, debts or anything earned or gifted during the marriage. Community property is divided during the dissolution of the marriage. This doesn’t mean it is necessarily divided in half. If you have two assets of equal value, one person may receive one while the other party receives the other; an example being a house and a retirement savings plan.
5. What Are My Rights During A Divorce?
You have rights protected under the Bill of Rights. You have the right to a fair trial; the right to a safe trial free of harassment from a spouse or their attorney. You have the right to see your child unless a court states otherwise. Speaking with an experienced attorney such as the ones at Lonich Patton Ehrlich Policastri is the best way to learn about your rights during your divorce. Get your questions answered in a free 30 minute consultation.
6. How Does The Court Decide On Child Custody During A Divorce?
Child custody is decided based on many factors. Often, during the case, temporary custody is assigned. This allows the child to have a stable routine they can depend upon and prevents their lives from being upended. Judges can be hesitant to change this plan when deciding on permanent custody as they don’t want to remove that stability from the child’s life. Temporary custody can be an indicator of the end result of child custody, but it isn’t guaranteed. Once divorce is filed, the state your child currently resides in becomes their home state. If a parent wants to move out of the state or relocate, this can affect the outcome as well.
Judges consider the wellbeing of the child over everything else. This means they will look into any history of mental illness, drug abuse or addiction, and financial stability (to name a few). Courts tend to favor the spouse who is able to put their differences and issues from the divorce aside for the betterment of the child. This means the more level headed you are, the better.
7. Does My State Have A Separation Requirement?
This is a crucial divorce question to research before filing. In San Jose, CA, there is no separation requirement. You must have lived in CA for 6 months before filing for divorce however. Once you have filed, you must wait another 6 months before the finalization of your divorce. If you file for legal separation in the state of California, there is no waiting period making it a great option for those who haven’t lived in the state for 6 months.
If you don’t know if your state has a separation requirement, the best way to find out is to research your state laws or contact a local divorce attorney.
8. How Do I File For Divorce?
This is another common divorce question clients ask. To be eligible for a divorce in CA, you must have lived in the state for 6 months. When it comes to counties, you must have lived in the specific county you file in for 3 months.
Before no fault divorce existed, a spouse had to provide a reason for the dissolution of marriage. This typically involves extramarital affairs or domestic violence and the practice is still common in some states. In California, all divorces are no fault which means one party can simply want a divorce from the other without providing a “fault.” This means that wrongdoing has no impact on the division of assets according to the judge.
After filing, there’s a 6 month waiting period for the finalization of divorce. You and your spouse can work collaboratively to make a plan for child custody and property division without legal assistance and if that doesn’t work you can seek help from a mediator. This is where you might consider collaborative divorce or mediation. The last option is divorce litigation which is also the messiest. This should be a last option if you and your spouse cannot agree on anything.
You may not need to go to court if you are able to resolve issues and division of assets through mediation or collaboration. This is an ideal situation and all papers can be filed with the court with a judgement on your case sent in the mail. Sometimes you may still be required to show up for a hearing in these cases.
If you opt for divorce litigation, the matter will be handled in court and this can be pricey. If you can avoid litigation, it’s in the best interest of everyone involved. However, at LPEP Law, they know how contentious divorces can get and understand not everyone will be able to settle their issues out of court.
10. How Do I Decide On A Divorce Lawyer?
You should make sure your divorce attorney specializes in family law and divorce cases. You want someone who has handled a myriad of divorce situations and will work to get you the best possible outcome.
Ask how many years of experience they have. If you’re going to court, do they know the court and the judges who preside there? Are they board certified? These are all important questions to ask when deciding on a lawyer.
