When most people think of divorce, they imagine a long and arduous process full of conflict and bitterness. However, this is not always the case. In some instances, divorces can be relatively smooth and amicable.

But what is the difference between a contested and uncontested divorce? Let’s take a closer look.

Contested vs. Uncontested Divorce

When both parties can’t agree on one or more issues, such as division of assets and debt, child custody, child support, and spousal support, it is considered a contested divorce.

In contrast, If parties have already agreed on all issues, then the divorce is considered uncontested. To file for an uncontested divorce, both parties must sign and file a marital settlement agreement with the court. If the court finds it is fair and equitable, it will approve the agreement and issue a final divorce decree. However, if the court finds that the agreement is unacceptable, it will send the parties back to negotiations to reach a resolution.

An uncontested divorce saves time, money, and stress for both parties involved. In addition, uncontested divorces tend to have a lower level of conflict, which can benefit any children involved. If the parties can communicate and cooperate with each other, they may be more likely to reach an agreement that is fair and agreeable to both sides.

While uncontested divorces are often cheaper and faster, there are certain benefits to a contested divorce.

1. It helps to ensure that both parties are fairly represented. If one party feels they are not receiving fair treatment, they can hire an attorney and take their case to court.
2. The judge will make sure that all assets are appropriately divided. In an uncontested divorce, both parties may be tempted to overlook certain assets to save time and money. However, in a contested divorce, both parties are required to list all of their assets and negotiate a fair distribution.
3. A contested divorce can also help to protect the rights of both parties. For example, if one spouse is asking for alimony or child support, a court will review the case and make an unbiased ruling based on what is just.
4. It allows the court to consider all of the evidence before making a decision. This can provide peace of mind for both parties knowing that the court has considered all relevant factors before ruling.

While no one likes the idea of going to court, a contested divorce can sometimes be the best option for ensuring an equitable outcome.

Whether you are considering a contested or uncontested divorce, the legal process is complex. If you live in San Jose or the greater Bay Area, our attorneys at Lonich Patton Ehrlich Policastri can help you with your case. Our team of lawyers has years of experience in family law and divorce litigation.

Contact us for a free consultation by filling out our contact form or calling 408-553-0801. We will make sure you receive a fair settlement.

Getting married is an exciting moment in your life. As with many pivotal life events, marriage can come with an increase in responsibility. Marriages are deeply emotional and can involve sharing almost everything. Prenuptial agreements are a great way to ensure that you and your partner are on the same page before you get married. A prenuptial agreement is a legal document that outlines which assets belong to who. A common misconception is that getting a prenup creates an avenue for divorce. This is, however, untrue. In the best-case scenario, a signed prenuptial agreement will never go into effect. If, however, it becomes necessary, it is a great way to make sure that both parties can leave the marriage with agreed-upon assets. Read on to learn more about other benefits prenuptial agreements can offer.

Advantages of Getting a Prenup 

1. Ensures Honesty & Fairness
   Prenuptial agreements are, first and foremost, agreements. This means that they require both parties to understand and be on the same page about how things will go. They encourage honest conversations and can be an excellent opportunity to build understanding with your partner. Additionally, prenuptial agreements are designed to be fair to both parties. Deciding what is fair, along with what makes sense for you and your assets, is a unique conversation that should be had. Having this conversation without the emotional turmoil that divorce can bring ensures that you are making clear and well-planned decisions. A legally-binding document made in good faith can give both parties the peace of mind that hard decisions have already been made.

2. Offers Protection
   Prenuptial agreements offer many forms of protection. This can include financial protection, such as defining which assets belong to who. Another form of financial protection that prenuptial agreements offer is protection from debt. If one party has significantly more debt than the other, it can be vital for the person with less debt to take the protection that prenuptial agreements offer. Another form of protection that prenuptial agreements provide is emotional protection. The ability to ensure that any children you may have can receive assets is vital. This can ensure that your children receive what is fair. Additionally, getting a prenup can prevent long and messy divorces. A primary focus of a divoce, in a legal sense, is deciding how to divide marital property. Since prenuptial agreements clearly define that, they greatly shorten divorces. This makes it far less financially and emotionally draining.

Get the Support You Deserve

Marriage is a life-changing and joyous occasion. When it comes to finances and asset protection, though, there is no such thing as being over-prepared. Having a prenuptial agreement provides you an avenue for an honest conversation with your partner prior to marriage. Additionally, it can offer you the financial and emotional protection you deserve. At Lonich Patton Ehrlich Policastri, our attorneys are well-versed in helping you navigate the tough conversations and decisions that come with creating a prenuptial agreement. Reach out to us at 408-553-0801 today to find out how we can support you and your soon-to-be spouse.

Paternity is the legal term used to name the father of a child. In California, paternity can be established in a number of ways. It is presumed that, if a husband is married to the child’s mother when a child is born, he is presumed to be the father.

In the eyes of the law, a child’s mother is always assumed to be the legal parent, regardless of whether or not she was married to the child’s father at the time of birth. As a result, a father who isn’t married to the child’s mother will need to take legal action in order to establish paternity and gain legal recognition as the child’s father.

If both parents agree on the identity of the father, they can sign a voluntary Declaration of Paternity form. This form must be signed in front of a witness and notarized. It can be completed at the hospital when the child is born or at any time after birth. Once the form is signed, it is legal proof of paternity and cannot be undone without a court order.

If the parents disagree on who the father is, paternity can be established through DNA testing. The mother, child, and alleged father must all submit to DNA testing, and if the results show that there is a more than 99% chance that the man tested is the child’s father, the court will legally recognize him as the legal parent. Once paternity is determined, the name of the father can be added to the child’s birth certificate, and he will be given legal rights and responsibilities.

A father can establish paternity up to three years after the child’s 18th birthday, but there are several advantages to doing it sooner.

Why a Father Would Want to Establish Paternity in California

There are many benefits to establishing paternity, both for children and parents. For a child, establishing paternity provides a sense of identity and belonging. In some cases, it can also help children to access medical information from their father’s side of the family. It also entitles the child to financial support from the father and inheritance rights if the father should pass away.

For the father, establishing paternity offers legal rights such as visitation, custody, and taking part in any decision-making regarding the child’s health, education, religious instruction, and activities. It allows the father and the child to bond and develop a legal relationship.

We Can Help You With Your Case

If you are considering establishing paternity, or if you have questions about it, please contact our office for a free consultation. We are ready to discuss your case with you and answer any questions you may have. Our lawyers at Lonich Patton Ehrlich Policastri specialize in family law and have helped families in San Jose and the greater Bay Area. We can help you navigate the process and ensure that your rights as a father are protected. Call us at 408-553-0801 or fill out our contact form today.

When two people get divorced, one of the most challenging and important decisions that must be made is who will have custody of the children. Judges must consider various factors in making this determination to ensure they are making a judgment that is in the child’s best interests.

Judges often evaluate factors including each parent’s home environment and work schedule and whether either parent has been abusive or neglectful. Ultimately, the goal is to ensure that the child has a stable and supportive home life.

What factors do judges evaluate when determining child custody after divorce?

When determining child custody, judges must take into account many factors, including the child’s age, best interests, and their relationship with each parent. They may also look at the parents’ ability to cooperate and the scenario that will provide the most stability and continuity.

Depending on the child’s age, a judge may ask for their input on the arrangement and what they feel most comfortable with. This can be done by speaking with the child directly if they are old enough or by utilizing a custody evaluator as a liaison.

In addition to the considerations above, a judge will also evaluate each parent’s mental and physical well-being and their capacity to care for the child. This could involve looking at work schedules, available family support, and financial situations to determine which parent can provide the most stable living situation.

If there is evidence of neglect or abuse from either parent, the judge will take steps to protect the child by limiting or preventing contact with that parent.

Primary vs. Shared Physical Custody

There are two common forms of child custody arrangements – primary or shared physical custody. A primary custody arrangement means one parent has sole supervision over the child, while the other might receive visitation rights. However, the child resides only with the parent with primary custody. Primary custody also grants the primary parent the ability to make decisions regarding health and education without the other parent.

Shared physical custody is also known as joint custody. In these arrangements, the child resides with both parents on a schedule. Typically, shared physical custody is measured by counting the amount of overnight time each parent has during a set period, though time may not always be divided equally. For example, a child may live with one parent during the week and the other parent on weekends or might alternate weeks and weekends with each parent. Joint custody also provides both parents with equal rights to make decisions regarding the child’s health or education.

In California, there is a presumption of shared physical custody, meaning that a shared arrangement is often recommended unless there are strong reasons for one parent to be awarded primary physical custody.

Assistance with a child custody case

Determining the custody of children in a divorce can be a daunting task. Still, with careful consideration, judges aim to make arrangements that are in the child’s best interest. If you need guidance in navigating a child custody situation, allow the experienced family lawyers at Lonich Patton Ehrlich Policastri to assist.

Our team of lawyers has been helping families in the greater Bay Area navigate complex legal situations for decades. Call 408-553-0801 or click here to schedule a free consultation today.

When parents divorce, one of the most challenging issues is who will have custody of the children. Both parents want to be involved in the responsibility of raising their children. Joint custody is the most common child custody arrangement where both parents share responsibility for their child. This can mean that the child lives with both parents equally or that one parent has primary physical custody of the child, with the other parent having visitation rights.

Joint custody arrangements include joint legal custody, where both parents have a say in decisions about the child’s welfare, and joint physical custody, where both parents have equal time with the child. In most cases, parents have joint legal and physical custody.

Benefits of Joint Custody

There are many benefits, both for parents and children. For parents, joint custody can help to reduce conflict and increase cooperation. It can also provide a greater sense of stability for children.

And while joint custody arrangements can be challenging at times, they often provide a more positive parenting experience than either sole custody or visitation arrangements. Therefore, a judge will rule that both parents have joint legal and physical custody in most cases. This allows the children to have equal access to both parents, and both parents share the decision-making.

Drawbacks of Joint Child Custody Arrangements

While joint custody can have many benefits for children, it can also present some challenges. One of the most common problems is that it can be difficult for children to adjust to living in two separate households. They may feel torn between their parents and have difficulty developing a strong sense of identity.

Additionally, this type of arrangement can be logistically complicated, especially if the parents live in different parts of the city or country. Coordinating drop-offs, pick-ups, and extracurricular activities can be a challenge, and it can be tough on both parents and children if there is a lot of back-and-forth.

These are some reasons why a judge may rule for one parent to have sole physical custody and joint legal custody for both. For example, if one parent lives in another area and shared physical custody would disrupt the child’s schooling, the judge may rule that the child live with one parent but grant the other parent extended visitation rights.

Where You Can Go for Help

While joint custody arrangements can be challenging at times, they often provide a more positive parenting experience than either sole custody or visitation arrangements. If you are considering a joint custody arrangement for your family or have questions about how it will work in your specific situation, please contact our attorneys at Lonich Patton Ehrlich Policastri for more information.

We have years of experience helping parents resolve child custody issues and can help you create a parenting plan that meets your children’s needs and gives you both the flexibility and stability you need. If you live in San Jose or the greater Bay Area, call us at 408-553-0801 to schedule your free consultation.