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Can I Sue My Spouse For Cheating On Me?

February 2, 2023/in Family Law /by Gretchen Boger

Infidelity can be extremely emotionally draining and stressful. If your spouse cheated on you, you may be wondering if, as the injured party, you have any legal recourse to receive compensation for your pain. Although somewhat complicated, there are a few circumstances in which you might be able to bring a civil case against a cheating spouse.

Alienation of Affection

When a third party interferes in a loving relationship between a husband and wife, some states allow what is known as an alienation of affection lawsuit. Usually, this type of claim is filed against the third party, rather than against the spouse, however. Filing an alienation of affection lawsuit requires proof that your marriage was a happy and loving one and that the third party intentionally destroyed your marriage. Unfortunately, only a handful of states still recognize this type of lawsuit, and California is not one of them. 

Infliction of Emotional Distress

In California, victims who have suffered emotional anguish as the result of someone else’s actions can sometimes sue for either Negligent or Intentional Infliction of Emotional Distress (NIED or IIED lawsuits). Although adultery can certainly cause significant emotional distress, you should carefully consider what this type of lawsuit entails, including:

  • Proving the existence of your emotional pain (e.g., through expert testimony of a counselor, etc.)
  • Establishing how your pain is the direct result of others’ actions
  • Documenting the severity of your distress and how the trauma has diminished your quality of life
  • Demonstrating that your spouse’s behavior was outrageous or reckless and intended to cause you emotional distress (i.e., for IIED lawsuits only)

Unless you think you have a very strong case or stand to recoup a large amount of financial compensation from your spouse, filing an NIED or IIED lawsuit may cost more time and money than its worth.

How Infidelity Affects Divorce in California

Whether or not you choose to pursue a civil claim against your spouse for an extramarital affair, you might also be considering divorce. Since California is a no-fault divorce state, you would most likely cite irreconcilable differences, rather than adultery, as the reason for your divorce. 

Although the California family court system does not usually take infidelity into account in divorce proceedings, there are certain cases where it can affect custody agreements or spousal support. Also, if your spouse spent marital assets on their affair (e.g., expensive gifts, luxury vacations, or hotel stays), the judge will likely require them to reimburse you for those assets during the division of your marital estate.

Facing Infidelity? We Will Fight For You

Our team at Lonich Patton Ehrlich Policastri has decades of experience dealing with complicated divorce cases in California. We understand the toll that extramarital affairs take, and we work hard to protect your rights and make sure you understand all your options. Call us today at (408) 553-0801 to set up a 30-minute free consultation with our family law experts. 

https://www.lpeplaw.com/wp-content/uploads/2023/02/CoupleTherapy.jpg 526 1275 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2023-02-02 23:48:442023-02-02 23:50:31Can I Sue My Spouse For Cheating On Me?

How To Contest Paternity In California

January 19, 2023/in Family Law /by David Patton

When a man is listed on a child’s birth certificate as the father but later learns that he is not the biological father, he may want to contest paternity. In California, specific steps must be taken to do this. If you are considering contesting paternity, it is essential to understand the process and what will be required of you.

In this blog post, we will discuss the process for contesting paternity in California and provide tips on ensuring your case has the best chance of success.

Why Someone May Want to Contest Paternity

Paternity is a legal term used to refer to the state of being a father for a particular child. In California, it can be established through various means. First and foremost, if the mother of the child is married at the time she gave birth, then her husband is presumed to be the father. 

If the mother is unmarried, then legal paternity can be established by signing a voluntary declaration of paternity.

Paternity may be contested in California for several reasons, such as when a man is surprised to learn that he is legally the father of a child or if there are questions about the validity of a previous paternity test. In addition, if either party is not satisfied with the results of a DNA test performed during a paternity suit and believes it was done incorrectly or was tampered with, they may file an objection and contest paternity. 

Another ground on which a man can contest his paternity is if he is married to the mother and can prove he is sterile or impotent.

Additionally, suppose a man has signed an affidavit acknowledging paternity or a voluntary declaration of paternity and filed it with the Department of Child Support Services or a court. In that case, he may contest this declaration within 60 days of signing it. Alternatively, he may challenge it at any time if there was fraud, duress, or mistakes related to his execution of the acknowledgment or declaration. 

How Long Do You Have to Contest Paternity?

If a man has been served with a Summons and Complaint Regarding Parental Obligation from the local child support agency, he has 30 days to respond. 

The first step is to fill out the Answer to Complaint or Supplemental Complaint Regarding Parental Obligations form. The man can ask for genetic testing to determine paternity on the form.

In other cases, one parent may file a Petition to Establish Parental Relationship Services, and the other person has 30 days to respond to the petition. If the man is disputing his paternity, then it becomes a contested case.

Contesting Paternity Is a Complicated Process

If you have reason to believe you are not a child’s father, it is vital to take action and contest paternity. The first step is to contact us for a free consultation by calling 408-553-0801. Our experienced family law attorneys at Lonich Patton Ehrlich Policastri can help guide you through the process and work with you to build a case.

https://www.lpeplaw.com/wp-content/uploads/2023/01/ContestingPaternity.jpg 640 1158 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2023-01-19 23:03:062023-01-19 23:03:51How To Contest Paternity In California

What to Know Before Signing a Postnuptial Agreement

January 12, 2023/in Family Law /by Virginia Lively

Most people have heard of a prenuptial agreement, which is a legal agreement signed by a couple before marriage that establishes rules for the division of the couple’s assets and debts in cases of divorce. Postnuptial agreements provide the same financial protection but are negotiated and signed after a couple is already married. Although it can be uncomfortable to talk about money or to consider the potential dissolution of your marriage, if you think about marriage as a long-term partnership, it makes sense to discuss appropriate and fair protection of each party’s assets for the future in the same way that you would for other relationships such as business partnerships.

When to Initiate a Postnuptial Agreement

Certain life changes or situations might come up where it’s in your best interest to think about a postnuptial agreement to alleviate uncertainty about your financial future. In fact, if you have a prenuptial agreement in place but some circumstances have changed, you might use a postnuptial agreement to modify your prenuptial agreement.

  • Significant Changes in Financial Circumstances
    If either spouse’s finances significantly increase or decrease, it’s a good time to initiate a postnuptial agreement. For instance, one spouse might inherit family money or property and want to make sure his children from a previous relationship receive those assets. Or a spouse who decides to start a business might want a postnuptial agreement in place to protect the rights and interests of business partners or profit sharers. Postnuptial agreements can also shield you from being held responsible if your spouse begins to accrue appreciable amounts of debt through unwise investments or lavish spending.
  • Marital Issues
    Combining finances can be one of the most difficult parts of any marriage. Some couples enter marriage without being aware of the debts or financial difficulties of their spouse. Infidelity or other marital issues can also cause stress in a marriage. A postnuptial agreement can provide some security to both parties, allowing them time to work on their marital issues without the added worry about finances. If divorce becomes inevitable, having a postnuptial agreement already in place ensures both parties’ assets are protected and can make the divorce process smoother.

What to Include

When preparing to enter into a postnuptial agreement, both parties must disclose all current assets and debts. Although postnuptial agreements are as individual and unique as each couple, they most often include instructions for how to distribute:

  • Debts, including mortgages, insurance, educational loans, and credit cards
  • Shared property such as cars, homes, or even family pets
  • Other assets such as retirement accounts, investments, or inheritance
  • Spousal support 

Get Help Drafting an Effective Postnuptial Agreement

In California, postnuptial agreements have to meet several requirements to be considered legally enforceable, including that they must be: 

  • Written, not oral
  • Fair to both parties
  • Signed by both parties willingly, not under duress
  • Notarized
  • Clear and transparent

Unfortunately, a California court might declare a poorly written agreement with vague or ambiguous language invalid, thus putting both spouses’ desires in jeopardy. To ensure that your postnuptial agreement is legally binding and will withstand a family court judge’s review, you should work with an experienced attorney. 

At Lonich Patton Ehrlich Policastri, our attorneys specialize in drafting effective postnuptial agreements that help protect your interests, using direct and detailed language. If you have questions about postnuptial agreements or want to discuss your specific situation, give us a call today at (408) 553-0801 to set up a free consultation. We have decades of experience navigating the complex landscape of family law and welcome the opportunity to discuss your options to successfully protect your financial future.

https://www.lpeplaw.com/wp-content/uploads/2023/01/SigningPostnup.jpg 801 1920 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-01-12 21:31:092023-01-12 21:31:09What to Know Before Signing a Postnuptial Agreement

Do I Need an Attorney for a Postnuptial Agreement?

December 14, 2022/in Family Law /by Mitchell Ehrlich

Marriage is a beautiful partnership between two people. While the majority of people are familiar with prenuptial agreements, also known as “prenups”, less people are aware of postnuptial agreements. If you entered into your marriage without a prenup, take heart – it is not too late to make a legal move to protect the financial future of yourself and your loved ones. Postnups are not as common as prenups, but are still a powerful tool that can be used to protect yourself from a complicated divorce. No one plans to get divorced, but it is a reality for many marriages. 

What Does a Postnuptial Agreement Do?

Postnuptial agreements are laid out to protect both parties, and can significantly reduce stress in the event of a divorce. When a couple decides to get divorced in the state of California, their assets and debts that they acquired while married are split between the two in what is deemed the most equitable way. But what happens if a major financial event happens to one member of the couple after they say their vows? This is where the opportunity for a postnuptial agreement becomes significant. Whether one spouse receives an inheritance, starts a new successful business, or even acquires a large debt, a postnup is a way to clearly dictate who receives that financial asset or burden if a divorce occurs. While the benefits of a postnup are similar to those of a prenup, postnuptial agreements can be more difficult to enforce. This is because there is a higher risk of one spouse being forced to sign the agreement against their wishes. In order to make sure you have a valid and enforceable postnuptial agreement, you need to hire an experienced and meticulous attorney.

What Are the Benefits of Hiring an Attorney to Draft the Postnup?

Since the intended goal of a postnuptial agreement is to protect and benefit both parties, not just one, having each party have an attorney to serve their interests in drafting the agreement is vital. Not only will the attorney provide wise counsel and valid insight, but the attorney will also be able to create an agreement that will be enforceable in court. Having an attorney present during all steps of drafting the agreement will also lessen the chances of one spouse being able to claim they were coerced into signing the document. Experienced attorneys understand the complexity of dividing assets and debts during a divorce, and know the necessary details to pay attention to in order to create a legally-binding document that is both fair as well as transparent.

Contact Lonich Patton Ehrlich Policastri Today For a Free Consultation.

If you believe that a postnuptial agreement is the right choice for you and your spouse, give us a call today at 408-553-0801 for a free, no-obligation 30-minute consultation. Our board-certified attorneys have decades of experience and a passion for helping our clients. Family law can be complex, so place your trust in the experts here at LPEP Law. We are happy to answer any of your questions and help walk you through the next steps. 

https://www.lpeplaw.com/wp-content/uploads/2022/12/Signing-a-postnuptial-agreement.jpg 473 1279 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2022-12-14 17:33:232022-12-14 17:33:23Do I Need an Attorney for a Postnuptial Agreement?

What Is A Bifurcated Divorce & When Is It Granted?

December 6, 2022/in Family Law /by David Patton

Divorce is a difficult process under the best of circumstances. The process can become even more complicated and contentious when spouses can’t agree on anything. The term “bifurcate” means to split something into two separate pieces. Therefore, in a bifurcated divorce, the court grants the divorce itself before resolving other issues in the case.

What is the Purpose of a Bifurcated Divorce?

Deciding to end a marriage is always a complicated choice, and the process can be even more complex if significant assets or children are involved. A bifurcated divorce can be helpful when the parties want to move on with their lives but cannot agree on other matters, such as property division or spousal support. 

Bifurcation may be requested at any time during the proceedings, but it is most commonly sought early on, typically soon after filing the petition or responsive pleading. 

This type of divorce is typically used when one party is seeking to remarry and needs to resolve the issue of divorce before doing so. California does require a six-month waiting period after a divorce is finalized before a spouse can remarry. However, a bifurcated divorce speeds up the process by separating the dissolution of the marriage from the other issues.

It can also benefit couples who have been married for a long time and have complex financial issues that must be resolved. After the court issues the judgment of divorce, a separate trial will be set to settle the other problems, such as:

  • If a prenuptial agreement is valid
  • The date of the separation and the date to use for the valuation of marital assets
  • Determining which property is marital and which is separate
  • The division of marital property
  • The valuation of a shared business or the increase in value of a company during the marriage
  • Physical and legal custody of any children
  • Parenting time of both parents
  • Child and spousal support
  • Any other issues

The Pros and Cons of a Bifurcated Divorce

This type of divorce can help couples who want to avoid a lengthy and contentious divorce process. It can also be beneficial for couples who wish to keep their finances separate during the divorce. In addition, a bifurcated divorce can help protect assets and ensure that property is divided fairly. Finally, a bifurcated divorce can give couples more control over the divorce process. 

However, there are also a couple of potential drawbacks to consider. First, a bifurcated divorce can be more expensive than a traditional divorce, as it requires two separate court appearances. Also, it can be emotionally exhausting as you and your ex-spouse work through the contested issues.

Discuss Your Concerns With Our Experienced Lawyers

If you are considering a bifurcated divorce, it’s essential to seek legal advice from an experienced family law attorney who understands California’s laws. Our lawyers at Lonich Patton Ehrlich Policastri know that each situation is unique, and we will work with you for the best possible outcome for your particular circumstances. Contact us for a free consultation to see how we can help you by calling (408) 553-0801.

https://www.lpeplaw.com/wp-content/uploads/2022/12/BifurcatedDivorce.jpg 692 1595 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2022-12-06 22:22:062022-12-06 22:22:06What Is A Bifurcated Divorce & When Is It Granted?

Can You Avoid Paying Alimony If Your Spouse Cheats?

November 30, 2022/in Family Law /by Gretchen Boger

Infidelity is one of the most common reasons for a marriage to end in divorce. If you find yourself in the unfortunate situation of your marriage unraveling because your spouse cheated on you, you might be wondering whether you can avoid paying alimony since you were not at fault. Although some states still allow you to file for divorce based on adultery, California is a no-fault divorce state. Cheating does not reduce or eliminate your spouse’s eligibility to receive alimony. However, alimony is not automatic or mandatory in California, and there might be a few steps you can take to protect yourself.

Types of Alimony in California

Alimony, or spousal support, is the higher-earning spouse’s financial payment to the other during and/or after a divorce, usually to help the recipient get back on their feet or maintain their standard of living. There are two types of alimony in California: temporary and long-term.

  • Temporary Alimony – Usually paid while the divorce process is underway to help maintain the standard of living until the divorce is final. This spousal support is meant to help the recipient become financially self-sufficient, given enough time. Lasting anywhere from 6 months to several years, the judge usually relies on a preset formula to determine the amount.
  • Long-term Alimony – Once the divorce is final, the judge might order spousal support that continues for an extended period of time. Long-term alimony is sometimes called rehabilitative alimony because the judge will usually encourage the recipient to try to become self-supporting through education, training, or work experience.  

Although spousal support is usually paid monthly, there is an option known as lump sum alimony where the individual pays the entire alimony debt at once. This option might be preferable to avoid further interactions with the recipient.  

How Does the Judge Decide?

When determining the amount of support and length of time the alimony should be paid, California family court judges consider several factors, including: 

  • Duration of marriage – For a shorter marriage, alimony payments might not be ordered.
  • Age and health of both spouses – If the lower-earning spouse is still young and healthy, they are more likely to become self-supporting in the future so might receive less alimony.
  • Standard of living while married – If a couple had a high standard of living while they were married, a judge might order alimony payments to the lower-earning spouse so that they can sustain that lifestyle alone.
  • Earning capacity of each spouse – The spouse with the higher earning capacity is more likely to be ordered to pay alimony. 
  • Any other relevant factors – This catchall category allows the judge leeway to consider all other issues when deciding on fair spousal support.

Can I Avoid Paying Alimony? 

Since alimony is not mandatory in California, you might be able to avoid paying spousal support. If your spouse decides to cohabitate with a new partner, for instance, those new living arrangements might effectively ease his or her financial situation, which might negate the need for alimony. Alternatively, if you can provide evidence that your spouse is able to work and support themselves without additional financial help, any alimony payments ordered might be decreased or terminated. Choosing a knowledgeable attorney can significantly increase your chances of avoiding alimony payments.

An Experienced Advocate Can Help You

Divorce can be complicated and emotionally draining. When infidelity is involved, divorce can be even more stressful. Having an experienced team on your side can ensure that decisions are made in your best interest, and you are protected. At Lonich Patton Ehrlich Policastri, we have an expert team specializing in Family Law with in-depth understanding of spousal support issues and guidelines. If you have questions about alimony, please call us today at (408) 553-0801 for a free 30-minute consultation. We’re here to help.

https://www.lpeplaw.com/wp-content/uploads/2022/11/ManRemovingWeddingRing.jpg 410 899 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2022-11-30 19:47:242022-11-30 19:47:24Can You Avoid Paying Alimony If Your Spouse Cheats?

How to Handle Child Custody When One Parent Wants To Move

November 22, 2022/in Family Law /by Gina Policastri

When one parent wants to move with the children, custody arrangements can become very complicated. If you are in this situation, it is essential to know your legal rights and options. This blog post will help you understand what to do if your ex-spouse wants to move with the children and how you can protect your rights as a parent.

How is Child Custody Determined in California?

In California, child custody is the legal right of a parent to have a child live with them. Custody can be either physical or legal. Physical custody means that the child lives with the parent, while legal custody refers to the parent’s ability to make decisions about the child’s education, health, and welfare. 

Child custody can be joint, meaning that both parents have equal rights and responsibilities, or sole, meaning that only one parent has custody. Visitation, or time-sharing, refers to the amount of time that the child spends with each parent.

Custody is typically determined by a judge based on what is in the best interests of the child. 

How “Move-Away” Situations are Handled

Sometimes situations arise where one parent may need to relocate to a different area for work or to be closer to family. If the moving parent has sole physical custody, then it is the other parent’s responsibility to show that the move would be harmful to the family.

However, if parents share joint physical custody and one parent wants to relocate, they must notify the other parent of their intent to move. The parents can discuss changes to the visitation schedule and ensure the non-moving parent can maintain a relationship with their child. If the parents can reach an agreement, they need to file a child custody modification with the court.

But, if the non-moving parent doesn’t want the child to move, the relocating parent must show how the move would be in the child’s best interest.

Courts generally consider the following factors when making a decision about relocation: 

  • The reasons for the move
  • The impact of the move on the children’s schooling, extracurricular activities, and relationships with friends and extended family
  • The ability of the non-custodial parent to maintain a relationship with the children after the move
  • The wishes of the children, depending on their age.

In some cases, other factors may also be considered, such as the move’s financial impact on both parents or the effect on special needs children. Ultimately, however, the court will always prioritize what is in the child’s best interests in making a relocation decision.

Understand Your Options for Custody Arrangements

If you are a parent facing the possibility of your child’s other parent moving away, it is crucial to understand your legal options. Our attorneys at Lonich Patton Ehrlich Policastri have extensive experience helping parents in all types of custody cases, including those involving relocation. If you live in San Jose or the greater Bay Area, contact us for a free consultation. We want to learn about your unique situation and help you determine how best to proceed. Fill out our contact form by clicking here or call us at 408-553-0801.

https://www.lpeplaw.com/wp-content/uploads/2022/11/ParentMovingHuggingChild.jpg 415 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2022-11-22 19:57:132022-11-22 19:58:37How to Handle Child Custody When One Parent Wants To Move

What Rights Does a Biological Father Have in California?

November 8, 2022/in Family Law /by Gina Policastri

In California, the legal rights of a biological father depend on his relationship to the child’s mother. When a child is born to a couple who are married or in a domestic partnership, the father is automatically considered the child’s legal father. 

However, the situation becomes more complicated if the couple is unwed. While the biological mother is automatically listed on the birth certificate, the father’s legal rights depend on establishing legal paternity. 

How to Establish Paternity if You Are the Biological Father 

There are a few ways to establish paternity in California if you are the biological father.

The first way is to voluntarily establish paternity with the child’s mother. You can do this by signing a declaration of paternity or by filing a Notice of Acknowledgment of Paternity with the California Department of Child Support Services. 

The second way to establish paternity is through the courts. This can be done by filing a Petition to Establish Parental Relationship or requesting an Order for Genetic Testing. 

Finally, paternity may also be established through the California Department of Social Services if the child is receiving public assistance. 

In California, the biological father of a child has certain legal responsibilities. First and foremost, he is responsible for providing financial support for his child. This support can take the form of regular payments, which the court typically sets based on the father’s income and the needs of the child. The father may also be required to provide health insurance for the child and cover other expenses such as childcare or extracurricular activities.  

He is also obligated to provide a safe and stable home environment, to ensure that the child has access to adequate medical care, and to provide for the child’s education. Furthermore, the father is expected to take an active role in parenting his child, including spending time with the child on a regular basis and being involved in decision-making. 

A father can also petition the court for custody and visitation rights. The father has the right to request joint or sole custody of his child. The court will consider a number of factors in making its decision, including the child’s relationship with the father, the child’s wishes, and the impact of visitation on the child’s safety and well-being. The court will decide based on what is in the child’s best interests. In some cases, this may mean that the father is granted visitation rights rather than full custody.

Know Your Rights 

As a biological father in California, you have several legal rights that are important to understand. But, the legal system may be difficult to navigate on your own. If you need help establishing paternity or understanding your responsibilities and obligations, Lonich Patton Ehrlich Policastri can help. Contact us for a free consultation. Our team of experienced family law attorneys can review your case and answer any questions you may have. If you live in San Jose or the greater Bay Area, fill out our contact form or call us at 408-553-0801.

https://www.lpeplaw.com/wp-content/uploads/2022/11/FatherAndSon.jpg 593 1280 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2022-11-08 20:38:002022-11-08 20:38:00What Rights Does a Biological Father Have in California?

What to Know Before Signing a Prenup

October 26, 2022/in Family Law /by David Patton

When two people fall in love and decide to get married, everyone tends to focus only on the exciting events to follow. While marriage is definitely something to celebrate, it is nothing to be taken lightly. It is a lifelong commitment that unfortunately is becoming increasingly likely to end in divorce. A prenuptial agreement can go a long way in ensuring the safety of both partners’ assets, business interests, and family trusts.

What is a prenuptial agreement?

Prenuptial agreements, also known as a “prenup”, is a private agreement between the two spouses-to-be. It sets out the stipulations of your marriage and outlines the provisions for what will happen in the event of a divorce or the untimely death of either spouse. Prenups most commonly outline who will receive property and other assets, including property owned by each spouse prior to getting married and whatever they might acquire together after getting married. In the state of California, this legal document declares the assets and debts of each individual before marriage and how those will be separated after a divorce. A prenup can also dictate how much alimony a spouse is entitled to. It is also becoming more common for pets to be included in prenuptial agreements.

Why get a prenup?

There are many, many reasons to have a prenuptial agreement in place prior to getting married. A few of these are:

  • To protect assets and property owned before getting married.
  • To establish a plan for paying expenses during the marriage.
  • To protect children, parents, or other family members from the fear of a new spouse taking advantage of assets or property.
  • To designate ownership and distribution of benefits from a life insurance policy.
  • To protect a business or estate.

Prenuptial agreements can’t include anything that goes against public policy or that is downright illegal. For example, a prenup that contains anything that will adversely affect the rights of a child will be deemed unenforceable. The courts will always act in the best interest of a child. However, prenups can go above and beyond in making provisions for children. They can dictate the responsibility of each parent for future college expenses and other financial needs of the child. California Family Code Section 1612 specifically states what is legally able to be included and enforced in a prenuptial agreement.

Consult with an expert on whether a prenuptial agreement is right for you.

Having a prenup in place before getting married can give both you and your partner peace of mind. Hopefully it is something you don’t ever need, but in the unfortunate event that a divorce does happen, it is better to know that your assets are protected. Here at Lonich Patton Ehrlich Policastri, we specialize in Family Law and Estate Planning. We have significant experience in drafting prenuptial agreements that can withstand a court challenge. We have combined litigation experience of over 100 years and we know just how messy and complex a divorce can be. Call us today at 408-553-0801 or click here to schedule a free 30-minute consultation.

https://www.lpeplaw.com/wp-content/uploads/2022/10/SigningPrenup.jpg 405 900 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2022-10-26 19:51:492022-10-26 19:51:49What to Know Before Signing a Prenup

How Does An Affair Impact Custody Agreements?

October 18, 2022/in Family Law /by Virginia Lively

An affair is a life-altering event. The repercussions of infidelity affect far more people than just the spouse who was cheated on. Often, the party who suffers the most is the most innocent – the children. In addition to their family structure being shaken up, they will now have to split time between both parents. Before this happens, a custody agreement must be arranged in court. So, how does an affair affect custody agreements?

California is a no-fault divorce state.

Here in California, the court system does not need to know the specific reasons why a marriage is being dissolved. Even though an affair might be the reason why a couple is seeking a divorce, the court will rule it as “irreconcilable differences” without determining which party is at fault.

With that being said, infidelity typically has little to no impact on determining child custody. The spouse who was spurned by the affair cannot use being cheated on as a reason to deprive the other parent of custody. The best interest of the child is what the court bases custody rights off of, and a parent’s romantic interests usually don’t have much effect on that.

There are exceptions to every rule.

Although infidelity alone will not have an impact on the custody agreement, other factors which stem from an affair might. For example, if there was domestic violence or substance abuse in the home, that would certainly impact child custody. If the spouse having the affair was neglectful to the children and left them unattended and unsupervised to meet up with their romantic interest, that would also impact custody.

Likewise, if the parent who was cheated on proves to be vindictive and is going to create a negative environment for the children, the court would take that into consideration. The safety and well-being of the children should be the forefront concern for both parents. If either parent is not capable of providing a safe and nurturing environment for their children, that will become a factor in the custody proceedings.

How do I know if an affair will affect my custody agreement?

Every case is different, and there is no “one size fits all” advice when it comes to topics as complex as child custody. Here at Lonich Patton Ehrlich Policastri, we specialize in family law and estate planning. We are located in San Jose, CA, and serve the greater Bay Area. We are one of the largest practices in the Bay Area and we are Board Certified Family Law Specialists. We have been serving the community since 1994. Our attorneys genuinely care about each individual client and we want to take the time necessary to understand your objectives and meet your needs. We have the proper resources, training, and experience to serve your family with the best expertise in the area.

Please give us a call at 408-553-0801 or fill out our contact form for a free consultation. You deserve to know your rights and the best way to proceed with a divorce and custody agreement.

https://www.lpeplaw.com/wp-content/uploads/2022/10/ChildCustodyGavel.jpg 313 879 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2022-10-18 21:45:322022-10-18 21:46:29How Does An Affair Impact Custody Agreements?
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LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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