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Everything You Need to Know About an Annulment

October 26, 2023/in Family Law /by Mitchell Ehrlich

In the realm of personal relationships and the institution of marriage, the concept of annulments stands as a significant but often misunderstood legal process. While divorce is a familiar term to many, annulments offer a distinct and alternative route for couples seeking to dissolve their marriages. Here, we’ll explain what an annulment is, how it’s different from a divorce, who may be eligible for an annulment, and how to file for an annulment in California. 

What is an annulment?

An annulment is a legal process that declares a marriage to be void, as if it never existed in the eyes of the law. Unlike divorce, which ends a valid marriage, an annulment essentially erases the marriage from the records, treating it as if it never happened. This legal remedy is available to couples who meet specific criteria that render their marriage legally invalid or voidable.

How does an annulment differ from a divorce?

The key distinction between divorce and annulment lies in their effects on marital status. Divorce acknowledges that a valid marriage once existed but is now dissolved, allowing both parties to be considered divorced individuals. On the other hand, annulments invalidate the marriage entirely, so the parties are legally treated as though they were never married.

Who is eligible for an annulment in California?

In the state of California, obtaining an annulment is a legal process available to couples who meet specific criteria that render their marriage void or voidable. It’s important to note that annulments are not granted automatically and require the party seeking the annulment to present evidence supporting one of the recognized grounds.

 

The following are some common grounds upon which a marriage may be annulled in California:

  • Incestuous marriage: California law prohibits marriages between close blood relatives, such as siblings, or parents and children. If a marriage falls within the prohibited degree of relationship, it may be annulled.
  • Bigamous or polygamous marriage: If one or both spouses were already legally married to someone else at the time of the marriage, the subsequent marriage is considered bigamous or polygamous and can be annulled.
  • Underage marriage: California law sets a minimum age for marriage, and if one or both parties were underage at the time of marriage without proper parental or court consent, the marriage can be annulled.
  • Unsound mind or incapacity: If one or both spouses lacked the mental capacity to understand the nature and obligations of marriage at the time of the wedding, the marriage may be voidable.
  • Fraud or misrepresentation: An annulment may be granted if one party deceived the other into marriage through lies or misrepresentation about a significant matter, such as their identity, intentions, or important facts.
  • Force or duress: If one spouse was forced or coerced into the marriage against their will, the marriage may be annulled.

 

There are time limits within which annulments must be sought after the marriage. Failure to meet the time limits may result in the loss of the right to seek an annulment on that ground.

How to get an annulment in California

At Lonich Patton Ehrlich Policastri, our experienced attorneys specialize in annulment. You can trust us to handle your annulment situation in a way that represents you and your interests. 

Contact LPEP today at 408-553-0801 or complete this form for a free, 30-minute consultation.

 

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

https://www.lpeplaw.com/wp-content/uploads/2023/10/bigstock-Annulment-Legal-Concept-141169058.jpg 600 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2023-10-26 21:07:412023-10-26 21:07:41Everything You Need to Know About an Annulment

Extramarital Affairs in California

October 12, 2023/in Family Law /by Gina Policastri

Unfortunately, extramarital affairs affect many marriages. In fact, according to the American Association for Marriage and Family Therapy, up to 40 percent of people in long-term relationships have experienced adultery. Allegations of an affair can sometimes be the catalyst for seeking a divorce and can heighten tensions when negotiating a divorce agreement. 

Even if your spouse’s infidelity is the driving factor in your divorce, though, you do not have to prove adultery to be granted a divorce in California. As a no-fault divorce state, California allows parties to file for divorce without establishing the fault of a spouse. Instead, many couples cite irreconcilable differences when filing for divorce. 

How An Extramarital Affair May Affect Your Divorce Settlement in California

The California family court system does not usually take extramarital affairs into account during divorce proceedings. However, the judge does have the leeway to determine whether the infidelity impacted some areas of the marriage in any way that needs to be addressed. For instance, certain cases and situations can affect child custody agreements, spousal support, and the division of the marital estate. 

Child custody and visitation rights

When deciding matters related to child custody agreements (i.e., visitation schedules, child support, etc.), the best interests and safety of the child should always come first. Infidelity does not necessarily reflect on parenting abilities, but an extramarital affair could still adversely affect the child. For instance, if the cheating spouse left the child unattended in order to conduct the affair, neglected the child while having an affair, or if the adulterous parent and the new partner create an unsafe or inappropriate environment for a child, the judge would take those issues into consideration when granting custody. 

Spousal support

Although you cannot necessarily get out of paying spousal support, or alimony, if your partner cheated on you, their affair could have financial repercussions in your divorce. A common situation is where the adulterous spouse ends up moving in with their new partner. This new living arrangement might provide them financial security that they wouldn’t have on their own. If you can prove that they can support themselves financially, the judge might reduce or eliminate any alimony payment requirements.

Division of marital estate

When it comes to dividing up the marital estate, California is a community property state. Generally speaking, assets and debts accrued during the marriage are divided equally. However, if your spouse spent money on an extramarital affair, such as paying for hotel rooms or buying expensive gifts, the judge will likely either require the adulterous spouse to pay penalties or reimburse you for those assets during the division of your marital estate.

Get Help by Talking to an Experienced Family Law Attorney

Have you discovered an extramarital affair and are planning to file for divorce? Or has your spouse unfairly accused you of cheating? The well-established family law attorneys at Lonich Patton Ehrlich Policastri have almost two decades of experience helping our clients resolve complicated divorce cases both in court and through mediation. Call us at 408-553-0801 to schedule a free, 30-minute consultation to discuss your situation and your needs. We will fight to protect your rights and help you navigate this stressful season of life.

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

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What is Uncontested Divorce in California?

October 5, 2023/in Family Law /by Gretchen Boger

Divorce is a complex and emotionally charged process, often accompanied by legal battles and contentious disputes. However, in the state of California, there exists an alternative path to dissolution known as an “Uncontested Divorce.” 

So, what is an uncontested divorce, how does it differ from contested divorces, and why may it be a preferable option for couples seeking to end their marriage amicably? Whether you’re contemplating divorce or simply curious about the legal options available, this article will help you understand the fundamentals of uncontested divorce in California.

What are the requirements for uncontested divorce in California?

An uncontested divorce in California offers couples a streamlined and relatively straightforward process for ending their marriage when they are in mutual agreement on key issues. However, certain requirements must be met to qualify for this type of divorce:

  • Residency requirement: At least one spouse must have been a resident of the state for at least six months before filing. The county where you file must also be the current county of residence for you or your spouse.
  • Waiting period: California law imposes a mandatory waiting period of six months from the date the divorce petition is served to the other spouse before the divorce can be finalized. 
  • Agreement on key issues: The hallmark of an uncontested divorce is the mutual agreement between spouses on essential matters such as property division, child custody and visitation, child support, and spousal support (alimony). 
  • Financial disclosures: Both spouses are required to provide complete and accurate financial disclosures to each other, including information about income, assets, debts, and expenses. 
  • Drafting legal documents: Spouses must prepare and submit the necessary legal documents to the court. These documents typically include the divorce petition, a marital settlement agreement, and a judgment of dissolution of marriage. 
  • Child custody and support agreements: If there are minor children involved, both parents must create a comprehensive child custody and visitation plan that outlines how parental responsibilities will be shared. 
  • Court appearance: While uncontested divorces typically do not involve contentious courtroom battles, couples may need to appear before a judge to finalize their divorce. 

Do you need a lawyer for an uncontested divorce in California?

In California, it is not a legal requirement to hire a lawyer for an uncontested divorce. Many couples choose to represent themselves in what is commonly referred to as a “pro se” divorce. 

However, couples opting for a pro se uncontested divorce should be prepared to navigate the legal system independently. This entails understanding the necessary paperwork, filing procedures, and court appearances. While it is possible to complete an uncontested divorce without an attorney, it’s important to consider the potential risks and drawbacks of doing so. 

Even in amicable divorces, legal complexities can arise, and without legal expertise, you may inadvertently overlook crucial details or fail to protect your rights adequately. Additionally, seeking legal advice can help ensure that the final divorce settlement adheres to California’s laws and regulations.

Contact LPEP for divorce litigation services 

Consulting with an experienced attorney, even on a limited basis, can provide valuable guidance and assurance that your rights and interests are safeguarded throughout the divorce proceedings. An attorney can also help you ensure that all legal requirements are met, based on the specific procedures for your county and individual case.

At Lonich Patton Ehrlich Policastri, our experienced divorce attorneys can help you protect your family, your assets, and your future. Contact us today for a free 30-minute consultation. 

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

https://www.lpeplaw.com/wp-content/uploads/2023/10/bigstock-214923424.jpg 601 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2023-10-05 18:07:482023-10-05 18:07:48What is Uncontested Divorce in California?

Can a victim of domestic violence lose their parental rights?

September 22, 2023/in Family Law /by Gina Policastri

The harrowing issue of domestic violence casts a long shadow over countless lives, including those of children who sadly end up caught in the middle of domestic abuse incidents far too often. 

Many victims of domestic abuse become concerned about their parental rights. In this article, we’ll explore the legal factors associated with domestic abuse and parental rights, explaining California’s laws around domestic violence and child custody. 

The definition of domestic violence in California

California’s Domestic Violence Prevention Act (DVPA) forms the bedrock of the state’s legal approach to domestic abuse. According to this act, domestic violence encompasses a wide range of abusive behaviors that occur within intimate relationships, including but not limited to:

  • Physical abuse
  • Verbal abuse
  • Emotional abuse
  • Psychological abuse
  • Sexual abuse
  • Online harassment
  • Economic abuse

The DVPA is designed to protect individuals in various types of intimate relationships, including married couples, domestic partners, individuals in dating relationships, cohabitants, and those who share a child in common, regardless of whether they have ever lived together. 

California’s laws around domestic violence and child custody

When domestic abuse occurs within a family, one of the most pressing concerns is the well-being and safety of any children involved. In California, as in many other states, there are specific laws and guidelines in place to address domestic violence within the context of child custody and visitation arrangements. 

The best interests of the child standard

In California, the primary consideration in all child custody and visitation decisions is the best interests of the child. This legal standard guides judges in determining custody arrangements that prioritize the child’s physical and emotional well-being above all else.

Domestic violence’s impact on child custody

The presence of domestic abuse within a family can significantly impact child custody proceedings. California law acknowledges that exposure to domestic abuse can be harmful to children, even if they are not direct victims of the abuse. Consequently, courts take allegations and evidence of domestic violence seriously when making custody determinations.

Rebuttable presumption against custody for abusers

California law includes a rebuttable presumption against awarding custody to a parent who has been found to have committed domestic violence within the past five years against the other parent or the child. 

This means that the court will generally assume that it is not in the child’s best interests to be placed in the custody of an abusive parent, unless the accused abuser can present evidence demonstrating that it would indeed be in the child’s best interests.

Can a victim of domestic violence lose their parental rights in California?

While the presence of domestic abuse can have significant implications for child custody decisions in California, it does not automatically result in the termination of parental rights for the abuser or the victim. 

The court’s primary concern is the child’s best interests, and custody determinations are made on a case-by-case basis, considering all relevant evidence and circumstances. Survivors of domestic violence are encouraged to seek legal counsel to navigate these complex legal proceedings effectively and safeguard the well-being of their children.

Protect your rights with LPEP

It is crucial for any victim of domestic abuse involved in a child custody dispute to have legal representation. At Lonich Polich Ehrlich Policastri, our attorneys are highly experienced in both domestic violence and California family law. We can help you advocate for your rights and protect your children’s safety.

Contact us here for a free consultation, or call 408-553-0801 to get started.

 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

https://www.lpeplaw.com/wp-content/uploads/2023/09/bigstock-Close-up-High-angle-View-Of-Sc-467824867.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2023-09-22 15:05:222023-09-22 15:05:22Can a victim of domestic violence lose their parental rights?

You Filed for Divorce, Now What?

September 7, 2023/in Family Law /by Mitchell Ehrlich

As with most legal processes, divorce involves several steps, and it can be confusing to know what you need to do and in what order. You’ve taken the first step and filed divorce papers with the California family court. What happens now? The following is a brief outline of the process you will need to follow to get divorced in California.

Serve your divorce papers

Once you have filed divorce papers, you must ensure that your spouse is formally notified, which is known as “serving” divorce papers. Although it’s possible to serve papers by having them mailed to your spouse & your spouse acknowledging receipt formally (note that you cannot mail them yourself), this method can be unreliable. Most people choose to have a server (an adult who is not related to your case) deliver the papers to their spouse in person.

Your spouse must respond within 30 days. If your spouse chooses not to respond by the deadline, which is known as a default, you can move forward with the divorce without your spouse’s input.

Prepare your financial disclosures

You are legally required to share information about your finances (including all debts and assets as well as your salary and income) with your spouse in order to be granted a divorce. Although you do not file financial documents with the court, you do file a form acknowledging that you and your spouse have completed this step.

Come to an agreement

At this point, you and your spouse must make several decisions regarding a host of important issues: child custody and support, visitation rights and schedules, dividing the marital estate, spousal support, what happens to your home, who gets the pets, paying attorney fees, etc. There are a few different ways to arrive at an agreement during this process:

  1. If your relationship is amicable, you can work together with your spouse in person, over the phone, over email, etc. Some couples find it helpful to work with a mediator.
  2. If your spouse is in default and never responded to the initial divorce papers, you are free to make all the decisions on your own and notify the court in writing. The judge will still need to approve or deny your requests.
  3. If you and your spouse cannot come to an agreement about some or all of your issues, you can ask the court for help. There will be a trial, and a judge will decide for you. 

You don’t have to do it alone. Consult with family law experts.

The California court system has published a self-help guide to give you a better idea of what to expect throughout the divorce process in California. However, working with professionals who have experience with the judicial system, like the family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) can make the entire process less stressful, especially if your divorce is complicated or contentious. 

Our attorneys have been helping clients navigate the life-changing and difficult issues related to divorce for decades. We will walk with you every step of the way. Contact us today at 408-553-0801 for a free, 30-minute consultation to discuss your situation. We’re ready to help.

 

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

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When Can You Get an Annulment in California?

August 24, 2023/in Family Law /by Virginia Lively

Marriage is a sacred union binding two people together, symbolizing a commitment to love, support, and share their lives. However, there are times when a marriage may prove untenable or legally invalid, leading individuals to seek an annulment rather than a divorce. 

Obtaining an annulment in California is not a straightforward process, as it requires meeting specific criteria and following a distinct set of guidelines. In this article, we’ll discuss the grounds on which an annulment can be granted in California. 

What is an annulment?

An annulment is a legal process that declares a marriage to be void, essentially treating it as though it never legally existed. It aims to restore the parties involved to their pre-marital status, erasing the legal consequences that arise from marriage. 

An annulment is not a remedy available for every unsuccessful or short-lived marriage. Instead, it is reserved for specific situations where the marriage can be proven to have been fundamentally flawed or legally invalid. 

What’s the difference between divorce and annulment?

In a divorce, the law recognizes the marriage as valid, and the process involves the termination of a legally recognized union. A divorce legally ends a valid marriage and addresses issues such as property division, spousal support, child custody, and visitation rights. It recognizes the existence of a marital relationship and seeks to provide a fair and equitable resolution for the parties involved. 

An annulment, on the other hand, treats the marriage as though it never legally existed. It declares the marriage to be void or voidable, usually due to specific legal defects or circumstances that existed at the time of the marriage. As a result, an annulled marriage carries fewer legal consequences compared to a divorce, and the division of property and financial matters may be treated differently compared to a divorce.

When can you get an annulment in California?

Under California law, there are various grounds upon which an annulment can be granted. 

A void marriage is considered legally invalid from the beginning, and no legal annulment proceeding is necessary. In California, examples of void marriages are incestuous or bigamous marriages.

Voidable marriages are considered legally valid until an annulment is sought and granted. The following grounds may render a marriage voidable in California: 

  • Age: If both parties were under the age of 18 at the time of marriage without parental consent
  • Prior existing marriage: If one party was already married at the time of the marriage 
  • Lack of consent: Due to fraud, force, or physical/mental incapacity 
  • Unsound mind: If one party lacked the mental capacity to understand the nature of the marriage 
  • Fraud or misrepresentation: If one party deceived the other regarding a crucial aspect of the marriage
  • Force: If a marriage occurred under duress or coercion, it may be deemed voidable

How to file for annulment 

The first step toward marriage annulment is to ensure you make the deadline for annulment based on the statute of limitations. At Lonich Polich Ehrlich Policastri, we have dedicated experts who can help you navigate the complexities of filing for annulment in California. 

To learn more about the process, or discuss your unique circumstances, call us at 408-553-0801 for a free consultation, or contact us here. 

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

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When do you Qualify for Alimony?

August 10, 2023/in Family Law /by Gretchen Boger

If you are considering divorce, you and your spouse are facing several life-changing decisions about your shared home, child custody, and dividing up your assets and debts. Separating finances can be one of the most stressful parts of the divorce process. 

You might be worried about making ends meet on your own, especially if you have not been working. That’s where alimony comes in. Alimony, also known as spousal support, is the legal obligation of one spouse to make financial payments to support the other spouse for a period of time. Spousal support is not mandatory or automatic in California, so the family courts have a lot of discretion when deciding the amount of alimony to be paid, if any, and for how long. 

Types of Alimony

When deciding on spousal support, the California court system considers three types:

  • Temporary – The higher-earning spouse will support the lower-earning spouse while the divorce case is ongoing. Temporary alimony helps the supported spouse become self-sufficient while transitioning from being married to being single and can last anywhere from 6 months to several years.
  • Permanent – The higher-earning spouse will continue to make payments to the supported spouse indefinitely. 
  • Lump-sum – Although alimony payments are usually made monthly, a spouse might choose to pay the entire alimony debt all at once instead. Choosing this option allows the supporting spouse to fulfill his or her obligations while at the same time eliminating the need for further interactions with their former spouse. 

When do you qualify to receive spousal support?

Even though alimony is not mandatory in California, if you can demonstrate to the court that you need the financial support, and your spouse is able to pay it, you have a good chance of a favorable outcome.

Every case is considered on its own merits, but there are several general factors the judge will take into account, including:

  • Length of marriage
  • Earning capacity of each spouse
  • Standard of living during marriage
  • Ability to pay spousal support
  • Financial need
  • Age and health of both spouses
  • Other information the judge deems relevant

The following are some common situations that would likely result in at least temporary alimony while the supported spouse becomes self-sufficient:   

  • One spouse relies on the other for income because of parental responsibilities, disability or health issues, adherence to traditional values, etc.
  • If one spouse took time off from their education or career to help the other spouse achieve their goals or to take over parental responsibilities, they might be financially reliant on their spouse and need additional time to restart their career.  
  • When couples own businesses together, and one spouse takes over ownership after the divorce. 

It’s important to remember that spousal support is based on financial need. Seeking alimony from a former spouse should never be about punishing him or her or unfairly enriching one spouse at the expense of the other.

An experienced attorney can help

Our family law attorneys at Lonich Polich Ehrlich Policastri have in-depth knowledge of the spousal support guidelines and practices in California family courts. We have decades of experience in helping our clients work through financial and other issues during a divorce. If you have any questions about alimony, please contact our office today at 408-553-0801 or complete this form to schedule a free, 30-minute consultation. 

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

https://www.lpeplaw.com/wp-content/uploads/2023/08/bigstock-Payments-Alimony-Pile-Dollars-310576339.jpg 600 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2023-08-10 20:03:052023-08-10 20:04:08When do you Qualify for Alimony?

How to Renew a Restraining Order

August 3, 2023/in Family Law /by Gina Policastri

Filing a restraining order can provide peace of mind for someone who is being threatened or harassed. However, a court-ordered injunction may not last forever. Renewing a restraining order is vital in staying safe and secure from potential dangers. Therefore, it’s imperative that you know how long an order lasts and how to renew it.

The Different Types of Restraining Orders

In California, there are several types of restraining orders you can apply for, depending on the circumstances:

  • Domestic violence restraining orders are for individuals who have been abused by someone with whom they have a close relationship, such as a spouse, former spouse, cohabitant, or the other parent of the victim’s child.
  • Civil harassment restraining order is for cases when the abused person does not have a close relationship with the abuser. 
  • Elder or dependent adult abuse restraining order is for elderly persons or dependent adults who are victims of physical or financial abuse, neglect, isolation, abduction, harm, or deprivation by a caregiver.
  • Employers can apply for a workplace violence restraining order if their employee has experienced violence or credible threats of violence at the workplace.

How Long Does a Restraining Order Last?

Law enforcement can issue an emergency protective order (EPO) lasting up to 7 days when immediate protection is needed.

When a person first petitions the court for a restraining order, they are typically issued a temporary restraining order that stays in effect until their full court hearing.

After the court hearing, a permanent restraining order (PRO) may be granted that can last up to five years.

What Happens When a Restraining Order Expires?

There are no automatic extensions for an expiring restraining order in California. When it expires, the legal protections provided by that order cease to exist. The restrained person is no longer legally barred from contacting the protected individual.

Therefore, you will need to file a request to renew your restraining order before the current order ends. 

The first thing you need to do is fill out a Request to Renew a Restraining Order and the Notice of Hearing on Request to Renew a Restraining Order. Once you complete them, you must file them at the courthouse where you had your initial hearing.

The clerk will give you the date for a hearing, and papers will need to be served to the person from whom you are seeking protection. You will need to attend the court hearing, and if the judge grants your request, your protection order will be extended an additional five years.

Contact LPEP Law For Help

Renewing a restraining order is an essential step in protecting your rights and safety. A legal professional can assist you with the legal forms and the court process. Our team at Lonich Polich Ehrlich Policastri has extensive experience helping people in difficult situations. Our caring staff believes that everyone has the right to feel safe. Contact us at 408-553-0801 or complete this form for a free 30-minute consultation. We can provide advice and guidance on renewing your restraining order so you can have the protection you need.

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

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What Happens to Your Mortgage After A Divorce?

July 20, 2023/in Family Law /by Mitchell Ehrlich

When a marriage ends in divorce there are a number of financial decisions that must be made. Spousal support, child support, and division of assets and debts are all important considerations that must be hashed out to the satisfaction of both parties.

One of the most pressing questions that many divorcing couples face is “Who gets the house?” Since California is a community property state, in most cases, California law will treat the house as community property and split the debt and value evenly between you and your spouse. Although your shared home likely has sentimental value to you both, the court can only consider its financial value when deciding issues related to property. You and your spouse will be responsible for deciding what to do with your home. 

Community vs separate property

Generally speaking, community property encompasses everything you own or owe while married. In cases of divorce in California, the court divides all assets and debts that are deemed community property equally between spouses. 

Separate property, on the other hand, includes both assets and debts that one spouse had individually before marriage. Financial gifts, property, or inheritance given to one spouse specifically are also considered separate property, even if the spouse received them during the marriage. Each spouse is entitled to retain the full amount of their separate property in a divorce.

Is a mortgage community or separate property?

Determining whether your mortgage is community or separate property can sometimes be tricky. Your mortgage is community property if you bought a house together after you were married or bought a house with money you earned during your marriage. 

If you bought the house with your own money before you were married, the mortgage would be considered separate property. However, any mortgage payments made jointly after marriage would be considered a community interest in the property and would be split evenly. 

Can I stop paying the mortgage if I move out?

Although you and your spouse will still be jointly responsible for paying the mortgage, you have several options moving forward. The following are some common scenarios:

  • Sell the home and split the profits. If neither spouse is willing or able to maintain the home separately, this option can help ease the financial burden.
  • Buy out. If one spouse wants to remain in the home, they can pay the other spouse half the value of the house. Usually, the spouse who is leaving removes themselves from the mortgage, and the remaining spouse will refinance the loan.
  • Deferred sale. If one spouse wants to maintain the home, especially in cases where couples share minor children, the spouses can choose to stay joint owners of the home for a set amount of time. Once the children have moved out, or the custodial parent decides to move, the former spouses would then sell the home and split the profits.

Our experienced family law attorneys can help!

Working through the financial implications of divorce can be overwhelming. Determining community versus separate property and debt, assessing the value of your shared home and belongings, deciding on fair spousal and child support, and more is both mentally and emotionally taxing. You don’t have to do it alone. 

At Lonich Patton Ehrlich Policastri, we take the time to listen to you and work hard to protect your interests. We can help you understand property division issues and also ensure a fair distribution of your marital estate. Call us today at 408-553-0801 to schedule your free, 30-minute consultation. 

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

https://www.lpeplaw.com/wp-content/uploads/2023/07/bigstock-Two-Keys-With-Split-House-Matc-449430795.jpg 537 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2023-07-20 18:15:022023-07-20 18:17:34What Happens to Your Mortgage After A Divorce?

Do You Qualify for Spousal Support?

June 22, 2023/in Family Law /by Virginia Lively

Going through a divorce is an emotional and stressful process for any couple. One of the most contentious issues that can arise is spousal support. Whether you are seeking support or may be required to pay it, it is important to understand your rights and obligations. In this article, we will discuss what spousal support is and who may be eligible to receive it.

What is Spousal Support?

Spousal support, also known as alimony or maintenance, is a payment made from one spouse to the other after a divorce or separation. The purpose of spousal support is to help the recipient spouse maintain their standard of living, which they may have become accustomed to during the marriage. 

The amount and duration of spousal support are at the discretion of the judge and depends on several factors, including the length of the marriage, the income and earning potential of both spouses, and the needs of the recipient spouse. 

Do You Qualify for Spousal Support?

In general, spousal support is awarded to the spouse who has a lower income and needs financial assistance to maintain their standard of living. However, each case is unique, and there is no one-size-fits-all answer to this question.

To determine if you qualify for spousal support, a court will consider several factors, including:

  • The length of your marriage, with longer marriages more likely to result in spousal support awards
  • The income and earning potential of both spouses, as well as any disparity between them
  • The recipient spouse’s financial needs, including their expenses and ability to support themselves
  • The lifestyle and standard of living during the marriage, to try to ensure that it is maintained

The court may also consider other factors, such as the health and age of both spouses and any other relevant circumstances.

Do You Need a Lawyer for Spousal Support?

When facing spousal support issues, having an experienced attorney by your side can be a valuable asset. Your attorney can act as your advocate, presenting a strong case on your behalf and explaining how you will benefit from receiving spousal support. They can highlight key factors such as your current income situation, your history of financial dependence on your partner, and your future plans to make a compelling case for spousal support.

Your attorney can also argue against having to pay spousal support if it is not warranted. They can use their legal expertise and knowledge of family law to protect your interests and ensure that any decision made by the court is fair and just. Some lawyers even have access to a network of resources that can help strengthen your spousal support case, including forensic accountants, real estate appraisers, medical professionals, and more. 

Contact LPEP Law for Assistance with Spousal Support

At Lonich Polich Ehrlich Policastri, we have extensive experience in spousal support matters in California, and assess each of our client’s marital and financial situations according to California guidelines. With decades of experience handling complex matters of family law, we know what problems arise and how to manage them.

If you have any questions about spousal support or want to discuss your case with our legal experts, contact our office for a free 30-minute consultation. Call LPEP Law on 408-553-0801 or contact us here.

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

https://www.lpeplaw.com/wp-content/uploads/2023/06/bigstock-Child-Support-Of-Alimoney-Div-347163832.jpg 600 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-06-22 20:34:182023-06-22 20:34:18Do You Qualify for Spousal Support?
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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, and San Benito. For a full listing of areas where we practice, please click here.

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