How Is A High Net Worth Divorce Different From Other Divorces?

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Divorce is often a contentious matter. Emotions can get in the way and cloud one’s judgment. Tensions run even higher for couples with a high net worth. There’s more at stake when it comes to property division, child support, and spousal support. High net worth divorce differs from standard divorce in many ways. Our divorce attorneys discuss some of these ways below. 

Property Division & High Net Worth Divorce

Couples with a high net worth have more property and assets than the standard couple going through a divorce. This means that the division of property is far more complicated, and often, more tumultuous. It requires much more attention to ensure both parties are satisfied with the outcome. 

California is known as a community property state. This means that assets and debts acquired during marriage are considered community property and are divided evenly between the parties.. The marital estate can include family homes, family businesses, retirement accounts, 401ks, pensions, IRAs, vacation homes, and any investment properties among other things. It can also include stocks, bonds, mutual funds, and offshore accounts, among other assets such as jewelry and personal effects. Often, the way in which the assets are divided is determined by the Court because high net worth marriages have complicated issues such as reimbursement claims, separate property claims, and other considerations. This process often causes resentment, especially if one party contributed to the finances more than the other. Legal fees can also run higher as couples with a high net worth typically require longer legal assistance to sort property division out, which can rack up lawyer fees and court fees. 

Spousal Support

Often in marriages with a high net worth, there is a disparity in income between the two parties. In these cases, spousal support may be necessary. In California, the courts are not under any obligation to provide spousal support, but if there is a discrepancy in income between the two parties, it will often be awarded. The amount and frequency of the payments are subject to change and vary case by case. In California, the courts usually award two types of alimony – temporary alimony and permanent alimony. They can also award lump-sum alimony and rehabilitative alimony. The courts may deem larger support payments in a high net worth case based on what they view as fair according to the couple’s standard of living during the marriage. This can be a costly decision for spouses who own their own businesses as court discretion rules heavy over standard calculations that apply to smaller estates. 

Child Support in a High Net Worth Divorce

Child support is different in high net worth cases as well as there are typically expenses that don’t apply to smaller income households. Children who come from a high net worth family typically have expenses such as private school, boarding school, or expensive competitive sports training or other extracurricular activities. Trusts are also frequently involved in these cases. As with spousal support, the judges will determine when the payments are due. Whereas in lower income brackets, there are standard calculations the courts typically rely on, in larger asset estates, court discretion is more heavily relied on for additional children’s expenses.

Get An Experienced Attorney On Your Side

High net worth divorce is typically a longer and more costly process than standard divorce proceedings. If you expect to be involved in a contentious high net worth divorce, you need the best divorce attorney on your side. Our law firm, serving San Jose, Santa Clara and the Greater Bay Area Counties, has extensive experience managing high net worth divorce cases. We offer free 30-minute consultations to those in need. Set up your consultation with Lonich Patton Ehrlich Policastri by clicking here.

How To Create A Custody Schedule That Works For Both Parents

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One of the most challenging things about going through a divorce when you have children is planning out a custody schedule that works for both parents. It’s difficult when there’s already animosity and resentment involved to come up with something that is fair and beneficial to both parents. Working with a child custody lawyer and a divorce mediator can help you and your ex-spouse create a plan that grants you both time with your child while being in the best interest of everyone involved. 

Creating A Temporary Custody Agreement

Divorces can take quite a while to be finalized. For this reason, it’s best to come up with a plan to carry you through the duration of the divorce. A temporary plan can be a very useful way to test out a custody schedule before finalizing it. You and your ex-spouse can work together to tentatively nail down days and times that your child will spend with each of you, joint parental guidelines you will both abide by when raising your child, and any financial support one parent may need to pay the other. 

A temporary custody schedule is a way to work out the kinks and see what is and isn’t working. Keeping detailed notes of any issues that arise and the dates, times, and frequency can help the judge approve a better plan once the divorce is final. The purpose of a temporary plan is to get through the divorce while you and your ex successfully co-parent.

Work With A Collaborative Divorce or Mediation Attorney to Create a Child Custody Schedule

Mediation and collaborative divorce are popular options when couples are trying to avoid litigation and all the animosity that comes with a bad divorce. You will go over all the details of the divorce with a neutral third party, such as dividing up property & assets, alimony payments, and most importantly, child custody & visitation. 

With the help of an attorney or mediator, you and your ex can work together to find common ground and to compromise. You want to do what is healthiest for your child, and a skilled mediator can help you make the best decisions based on your shared joint legal custody and physical custody. Some of the things you’ll consider when mapping out a custody schedule are:

  • Set a school schedule – The hardest part about joint custody is working out a school schedule that benefits the child. Keeping the child in school in a stable environment to complete assignments is key. If they have after-school activities, you and your spouse will need to make sure those responsibilities are divided up too.
  • Set a holiday schedule – Some parents feel very territorial over holidays and for understandable reasons. But now that you and your spouse have split up, you’ll have to break the holidays up between you, unless you plan on still spending them together.
  • Parenting guidelines you’ll both follow – When you were together, you and your spouse most likely decided on ways that you were going to raise your child. Now that you’re split up, some of these decisions may not line up anymore. Joint legal custody grants parents the right to make legal decisions on how a child is raised (including decisions such as what religion the child will be raised as for example). Coming to an agreement on these guidelines is key for creating a custody agreement you both like.
  • Appropriate boundaries for meeting new partners – It’s inevitable that you and your ex will move on and find new partners. While it’s hard to imagine now, when your split is still fresh, it is something you need to plan ahead for. When are you okay with each other introducing your child to a new partner? Making a detailed agreement on this now will prevent frustration and surprise down the line. 

If you have questions about child custody or creating a child custody schedule, LPEP Law goes over the details here. We’re based out of San Jose but serve surrounding areas, including Santa Cruz. We also offer free 30-minute consultations where we can talk to you about setting up a custody schedule that works for you and your ex. We can also help you with divorce mediation/ collaborative divorce. You can reach out to us here to set up your free consultation. 

How to Get A Divorce When Your Spouse Doesn’t Want One

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Relationships are tricky and don’t always end the way we want them to. If you’ve been stuck in an unhappy marriage for a while, you may be wondering how to get a divorce. It isn’t a snap decision one should make; it takes time and planning. 

Experienced divorce attorneys recommend meeting with an attorney for a divorce planning session. Divorce planning can help you prepare documents and can even help you come up with a plan to tell your spouse you want a divorce. What happens if your spouse doesn’t want a divorce? Divorce planning can help prepare for these obstacles as well. 

How To Tell Your Spouse You Want A Divorce

Sometimes, the most difficult part of getting a divorce is having the conversation with your spouse. You’ve built a relationship over time and may even have children together. Emotions are deeply invested. You need to be delicate with how you deliver this news to your spouse. 

Planning out what you want to say ahead of time can help you avoid bouts of anger or sadness while having the conversation. Make time with your spouse to have the conversation. Even if you think they may have an idea this is coming, you may catch them off guard. Carving out a specific time to have this discussion can help. You also need to have this conversation in private to avoid humiliation, hurt, and to give you both space to feel your emotions. If you want more tips on how to have this talk with your partner, check this out. What if your spouse doesn’t want a divorce?

How To Get A Divorce When Your Spouse Doesn’t Want One

Many people panic when their spouse refuses to agree to a divorce. Most states will not force you to stay in a marriage you wish to be done with. You just need to follow the necessary guidelines for your state on how to get a divorce. 

When you want a divorce but your spouse doesn’t, you can have papers legally served to them. They have a certain period of time to respond to the papers, after which you can reach out to the court for next steps if they don’t reply. Oftentimes, if you’ve followed procedure properly, a court will grant you your divorce.

If, however, your spouse responds within an appropriate amount of time, you will both have to work together to resolve property division, child support, alimony, and other issues. If you can’t reach an agreement, you will have to seek Court involvement to assist in resolving these matters. Also keep in mind if you are considering divorce that California has a 6 month waiting period between when you file for divorce and its finalization, no matter how quickly you reach an agreement.

Getting Help

In certain instances, you may qualify for a summary dissolution. This is a faster, easier procedure. To find out if you qualify, go here. If you’re unsure, meet with an experienced divorce attorney to answer your questions. In many cases, when one party doesn’t want a divorce, the proceedings can become contentious. An experienced attorney will know how to get you divorced as quickly as possible, guide you on what is rightfully yours, and ensure there is as little financial impact as possible. If you live in San Jose or the surrounding areas, Lonich Patton Ehrlich Policastri offers free 30-minute consultations. Get help with all your divorce needs, such as divorce planning or divorce litigation. Contact us here.

Mistakes to Avoid During High Net Worth Divorce

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Divorce proceedings are never simple, and high net worth divorces tend to be even more complex and contentious. When couples have several or higher-value assets, they have more disputes to settle and divorce proceedings often become lengthy and spiteful. It is common for people going through a divorce to make rash decisions; however, it is important to remain level-headed during the litigation process and educate yourself on the mistakes to avoid during a high net worth divorce.

Understanding High Net Worth Divorce in California

California recognizes community property in divorce proceedings. This means that property acquired during a marriage is considered community property and should be divided equitably during a divorce proceeding. While this may seem like a straightforward process, there are many intricacies in the law, which is why hiring a divorce attorney who is experienced with high net worth divorce cases is highly recommended.

While your divorce attorney will tackle most of the complicated tasks, there are several mistakes that you want to avoid in order to protect your assets.

1. Don’t Spend Lavishly Before or During the Divorce

There is a misconception that it is wise to indulge prior to a divorce proceeding. This habit often backfires as debts are also accumulated during divorce proceedings and judges can consider selfish spending when making litigation decisions. Contrary to popular belief, increasing your spending prior to the divorce will not increase your alimony payments. You could also end up having to reimburse your spouse for frivolous spending leading up to dissolution proceedings.

2. Don’t Try to Conceal Your Assets

Since California practices community law, many spouses are tempted to conceal their assets during divorce proceedings. This is not only illegal, but it is also insensible as they will most likely be discovered during the discovery and settlement process.

3. Don’t Blindly Follow The Advice of Your Family or Friends

It is common for people who have experienced divorce to believe that they are experts in divorce proceedings, however, they are often misinformed. It is important to to avoid drawing conclusions from one person’s case. When it comes to decisions regarding how you should handle your financial assets and decisions regarding your divorce, the advice that you should value the most is the person you have hired to give you advice – your divorce attorney.

4. Don’t Try to Rush Through The Settlement Process

While many people ending their marriage wish to dissolve it quickly, acting too quickly or making rash decisions is not recommended. High net worth divorce proceedings will take significantly longer than regular divorce proceedings and hastily reaching agreements can result in one person making huge sacrifices simply to expedite the process. Just as it isn’t recommended to rush into a marriage, it isn’t advisable to hurry out of one.

5. Don’t Sell Yourself Short

It is easy to become intimidated by your spouse and their team of divorce lawyers, but it is important to fight for your equitable share of assets. If you are entitled to alimony payments, take them. You never know what life will throw at you and how much that could influence your future.

6. Don’t Fight to Win Every Battle

While you don’t want to give in to an aggressive spouse, you also don’t need to win every battle. There are going to be certain assets that you will have to walk away from. It is important to have a conversation with your divorce attorney at the early stages of the divorce to determine what you value most and what is worth fighting for.

7. Don’t Forget to Update Your Estate Plan

It is important to update your estate plan after major life events, including a divorce proceeding. Lonich Patton Ehrlich Policastri’s team of qualified family law and estate planning attorneys has the resources you need to offer you the best solution for estate planning after a divorce.

8. Don’t Bypass Hiring a High Net Worth Divorce Attorney

The 5 high net worth divorce partners at LPEP Law

Divorce attorneys who specialize in high net worth divorces are going to be more expensive than regular divorce attorneys because they are more qualified, reputable, and have more experience with complex divorce litigation. While it is tempting to opt for the lower fee, being selective with who you choose to fight for your assets is an important step toward investing in your future. If you are facing a divorce with high stakes, please don’t hesitate to contact our offices today for a free 30-minute consultation on how to best protect your future.

Prenup Agreement in High Net Worth Marriage

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As common as they are, the potential of a divorce is something that engaged couples often don’t wish to discuss. Although, it may sound pessimistic to discuss prenup agreements, high net worth individuals may want to consider a prenuptial agreement so that a potential division of property later down the road is less stressful.

Who Should Consider a Prenup Agreement?

High net worth owners are highly advised to create a prenup agreement as they have more at stake in the event of a divorce. Additionally, business owners are encouraged to consider prenup agreements as well, as the division of a business is often a complex and contentious issue down the road. 

Oftentimes couples sign prenup agreements not because they foresee a divorce happening, but because they want to quell family concerns regarding the distribution of assets down the road. Prenup agreements can also protect assets in the event of untimely death and may redirect funds to dependents or other family members.

What Are the Benefits of a Prenup Agreement?

As unromantic as it sounds, couples who at least discuss the option of a prenup often report that they feel eased by being proactive with considering their future. Sometimes the burden of a potential stressful divorce down the road can cause people to become anxious about marriage and can cause unwanted stress. Signing a prenup doesn’t mean that you want or anticipate a divorce, it simply means that you are aware that they are common and want to be proactive with making the distribution of assets less stressful for you, your partner, and your loved ones.

What Is the Process Like of Creating a Prenup Agreement?

As opposed to many divorces, creating a prenup is typically an unemotional process, similar to a business transaction. While it is significantly less stressful than most divorce proceedings, it is just as meticulous of a process. It is highly advised that both you and your partner hire an estate planning attorney so that you can ensure the agreement is fair and will distribute assets as intended. Additionally, it is highly recommended that partners be transparent about their assets and potential inheritances, as this will ensure that property is not overlooked.

How Do I Talk to My Partner About Creating a Prenup?

Although prenups are becoming more common, with an increase in the number of millennials signing prenup agreements, it is not an easy conversation to have. It is important to approach the subject with thoughtful consideration of the timing, place, and wording. 

With any legal agreement, it is important, to be honest. Mentioning that it has always been something that was important to you and your family before you met your partner, or that you are following the advice of friends who have experienced a terrible divorce may help your partner have empathy for your request. It is also helpful to address the fact that a prenup agreement is significantly less timely, costly, and stressful than a complex divorce proceeding.

Approaching the agreement as equals is recommended. When both partners are involved with the creation of the prenup, there tends to be less concern and animosity with the legal agreement. Additionally, it is important to remind your partner that a thoughtful prenup benefits both partners as it reduces financial uncertainty for both parties. While it may temporarily create tension, many couples find that once they come to an agreement, they are able to move forward in their relationship. 

If you would like to understand if a prenup is in your best interests, contact LPEP, an estate planning and family law firm in the Bay Area. Our team of dedicated professionals are committed to protecting your assets and have the resources you need to assist you with creating your prenup agreement.

How Is Paternity Determined In California?

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The issue of paternity is complex and the laws surrounding it vary state by state. If you are a father or couple who are seeking to determine your parentage in California, you may be wondering what your next step should be. What is a paternity test? How do you get tested? In California, there are three ways you can go about establishing paternity. 

Go To Court

When parents think of determining parentage, this is typically the method they think of. This also tends to be the hardest method to determine paternity. If a child’s mother is trying to prove the parentage of a child, and the other parent is denying their paternity, a mother can go to court to establish it. Alternatively, if an alleged father wants to prove their paternity to have rights to custody of a child, they can also go to court to establish parentage. 

When going to court, the judge will order a genetic paternity test.. If the alleged father refuses, the noncooperation can be considered evidence of parentage. 

To go to court, you must fill out and file several legal documents. These are complex and require a trained eye. Please consider hiring an experienced paternity attorney. LPEP Law serves the greater Bay Area. Set up a free consultation with them here. 

Get The Child Support Agency To Determine Paternity

The local child support agency has a right to ask the court for an order on paternity, just as the child’s mother or alleged father does. Having the child support agency provide this service for you is free and can take some of the stress off yourself. In addition to establishing parentage, they will also file for a child support order. 

You can obtain these services by calling the local child support agency and setting up an appointment to open a case for paternity and support. If a father denies being the parent of a child, a mother can even open a case while still pregnant for a genetic test to be administered after the child is born. 

If a parent is on welfare for the child, the child support agency will automatically open a case for paternity. 

Sign A Voluntary Declaration

A declaration of parentage is a legal document that parents sign to claim themselves as the legal parents of a child. It is always voluntary. This document is usually signed by both parents in the hospital after a child is born. However, in cases where this didn’t happen, the declaration can still be signed as long as certain rules are followed. 

For a declaration to be signed outside of the hospital, there are only certain public locations that the form can be signed at. The form must be signed in the presence of the  local child support agency, the welfare offices, the Registrar of Birth, the local superior court, or the local family law facilitator. You can find your California family law facilitator here. The form must then be filed with Child Support Services to go into effect, and then it holds the same weight as a court order establishing parentage. 

After the declaration of parentage is filed, orders for custody and visitation can be filed by a judge. The Court can also make orders for child support. A voluntary declaration of parentage grants both parents who signed it an equal right to custody, but also means they both have a responsibility to support and provide for the child. To learn more about voluntary declarations of parentage in the state of California, visit here. 

When You Don’t Need A Paternity Case

There are certain instances in which you don’t need a paternity case in California. These include:

  • An unmarried couple signs a voluntary declaration of paternity.
  • You are married to the other parent. (This applies to same sex marriages and heterosexual marriages alike).
  • Two parties in a DVRO case agree to paternity of a child and the court entered judgement about paternity. 
  • The child support agency filed a paternity case.

If you live in the State of California and are curious about starting a paternity case, get in touch with our San Jose, California attorneys today. Get questions like “what is a paternity test?” answered. We can help you with the complex paperwork that comes with going to court and can help ensure the process goes smoothly. We offer free 30-minute consultations with our experienced team of attorneys. You can set up your free consultation here. To learn more about paternity, visit us here. 

Same Sex Divorce in California

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For same-sex couples, the right to marry comes with the right to divorce. Though no one enters a marriage intending to divorce, it is a necessary process for married couples who understand that marriage is no longer the best fit for them.

While many aspects of divorce proceedings in California are the same for same-sex couples and heterosexual couples, there are certain aspects of the law that are particularly nuanced with respect to same-sex couples. Some of the differences can be advantageous for same-sex divorce, while others reflect the biases against same sex couples that are still ingrained in divorce law.

Child Custody Arrangements

The most contentious issue of divorce cases involving children tends to involve child custody arrangements. In the state of California, both parents are able to legally obtain parental rights of their children.  In divorce proceedings involving same-sex couples who both have parental rights, both spouses are typically considered with custody arrangements. However, in marriages in which only one parent has parental rights, a judge may consider the biological parent as having more rights in the custody arrangement.  Similar to heterosexual divorce litigation, factors involving parental roles and relationships with the child are considered as well.

Alimony Payments 

When it comes to alimony, judges have the authority to treat same-sex couples differently than heterosexual couples.  This differentiation isn’t due to biases within the law, but rather is due to the fact that many same-sex couples were been living together for years prior to being able to become legally married. In the case of one spouse being financially dependent on the other for a significant period prior to the marriage, the judge may factor that time into the alimony arrangements.

Dividing Retirement Accounts

While the division of retirement accounts is rather straightforward with heterosexual couples, it is often a convoluted process with same-sex litigation.

Domestic Partnership

Another layer that further complicates same sex divorce in California is if the couple obtained a domestic partnership prior to their marriage. If so, then the couple will need to terminate the domestic partnership in addition to ending the marriage. While this process is streamlined for heterosexual couples, it serves as another hurdle to overcome with same sex divorce. 

Same Sex Divorce in California

In order to get divorced in California, you must meet California’s residency requirements. Either you or your spouse must have lived in:

  • The state of California for the last 6 months, 
  • The same county where you plan to file for divorce for at least the last 3 months. 

If you and your spouse have been in California for at least six months but have lived in different counties, you can file in either county. If you are unable to satisfy the residency requirement, you have the option to file for a legal separation. After the required time has passed and you qualify for a divorce, your attorney can file an “amended petition” to request a divorce decree instead.

How to Facilitate a Smoother Same Sex Divorce

Since same sex divorce is a new area of practice, there are still many gray areas of the law that are open to interpretation. Due to the ambiguous nature of same sex divorce law, it is recommended to hire a same-sex divorce lawyer who is experienced with divorces between spouses of the same sex. Our team of qualified lawyers at LPEP represents one of the largest family law firms in San Jose, California. Contact our offices here to schedule a free 30-minute consultation in which you will learn your recommended course of action to protect your rights in your divorce litigation. You can also learn more about same-sex divorce here.

Spousal Benefits for Same-Sex Marriages

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In recognition of Pride month, it is important to highlight the spousal benefits that were awarded to same-sex couples when same-sex marriage became legal. Although same-sex marriage was legalized in California in 2013, the United States Supreme Court held in Obergefell v. Hodges, that same-sex marriage was legal federally. This decision awarded many couples spousal benefits they were denied for so long. 

What are Spousal Benefits?

In some situations, couples can receive advantageous benefits simply because they are married that non-married couples do not have access to. Some spousal benefits include social security benefits, health insurance, tax benefits, retirement, among others. In California, same-sex couples initially had to register as domestic partners to gain access to some of these benefits or they were outright denied altogether. However, since the landmark case Obergefell, same-sex couples are now eligible for spousal benefits that have historically been exclusive to heterosexual couples. This highlights a large step forward for equal same-sex couple rights to many Californians.

Social Security Spousal Benefits for Married Same-Sex Couples

If you are not eligible for social security because you have never worked or paid an insufficient amount into social security, you could potentially claim spousal benefits and receive some of your spouse’s social security. This allows you to receive up to 50% of your spouse’s social security payments and it does not impact the amount they receive. In order to claim these benefits, you must be 62 or older, your spouse must already be receiving social security and you must be married for at least a year. Some exceptions may apply to some cases.

Employer-Provided Health Insurance Coverage for Married Same-Sex Couples

When an employer offers their employees health insurance, generally that employee can extend their health insurance coverage to their immediate family which includes their spouse and their children. Historically, same-sex couples were not able to maintain health insurance for their partners because the state did not recognize their union. This often would put a burden on the non-employee partner to secure their own health insurance which could be costly. However, now that same-sex marriage is recognized as a legal marriage in the state of California, a same-sex spouse can be insured on their spouse’s employment provided health insurance absent any restrictions or barriers. 

Tax Benefits for Married Couples

Married couples are potentially eligible for a multitude of tax benefits simply because they married that non-married couples are ineligible for. This includes filing a joint tax return which could lead to a lower amount of income taxed for both individuals. As mentioned above, a spouse can receive tax free health care coverage from their spouse’s employer. Additionally, same-sex married couples are also eligible for many tax benefits involving executing an estate. This is merely a small snapshot of the various tax benefits that married couples enjoy.

How Do I Learn More About What Spousal Benefits I Qualify for?

If you or a loved one would like to learn more about spousal benefits, please contact one of our experience attorneys at Lonich Patton Ehrlich Policastri for additional information here.

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

What To Expect When You’re Expecting: Navigating The California Adoption Process For Same-Sex Couples

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During Pride Month we commemorate and pay tribute to those who bravely protested during the 1969 Stonewall Riots and paved the way for the LGBT activists of today. We celebrate those who continue to fight for equality and recognize the ongoing struggle to solidify basic human rights for all. One right that cannot be overstated is the ability to create and maintain families with dignity. Many LGBT couples define this right as the ability to adopt a child in same-sex couple adoption. 

Adoption in California

Each state has its own laws, procedures, and regulations regarding same-sex adoption, but in California, the law treats same-sex couples the same as any other prospective parent or couple. The state permits same-sex couples, as well as LGBT individuals, to pursue several adoption methods, all of which are the processes used by opposite-sex couples. The different types of adoption include: 

  • Independent Adoption: a couple seeks out a pregnant mother who wants to give up the child for adoption. 
  • Assisted Reproductive Technology: this may include the use of a surrogate or in vitro fertilization (IVF). This usually means that one of the parents is a biological parent to the child. 
  • Agency Adoption: an agency assists in connecting the parents with their future child. 
  • Stepparent or domestic partner adoption: an individual in a same-sex relationship may adopt the child of their spouse or partner. 
  • Adoption of a Family Member: a couple may adopt a family member, such as a niece or nephew.
  • International Adoption: a couple seeks to adopt a child from another country. 

Each option presents its own set of risks, some involving potential legal struggles with the biological parents, others possibly subjecting parents to extensive nuanced legal procedures and requirements. As such, seeking the advice of an attorney is helpful in determining what adoption plan is right for you. 

Same-Sex Couple Adoption

Of course, in a perfect world, prospective parents in a same-sex relationship would not be subjected to evaluative procedures that differ from those of parents in an opposite-sex relationship. However, it is no secret that both express and implicit biases exist in our society and unfortunately, these predispositions can cause people to lose sight of the most important factor in adoption: the best interest of the child. As such, it is possible that an agency may conduct a more intrusive investigation for a same-sex couple. Such treatment may cause the process to be lengthier, and consequently more costly. In California, agencies are prohibited from discriminating based on sexual orientation and gender identity. However, if you believe you are facing any sort of discrimination, it is important to speak to an attorney about your options. 

What Are the Next Steps?

Adoption is an inherently personal matter and can often be a very complicated and emotional process. As such, seeking legal assistance will help lessen the pressures that already come with starting a family. Our experienced same-sex adoption attorneys at Lonich Patton Ehrlich Policastri are able to lessen the burdens of the legal process and give you the time to fully enjoy the excitement of welcoming a new member into your family. 

If you or a loved one are looking to adopt or have any questions about how to adopt as a same-sex couple, please set up a free virtual consultation with one of our experienced attorneys at Lonich Patton Ehrlich Policastri. You can set up your free virtual consultation here.  

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

What Is Divorce Mediation And Is It Right For You?

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What if it was possible to get a divorce without going to court? If you could end your marriage without all the hurt feelings and animosity, would you? Divorce mediation provides the opportunity to dissolve a marriage without putting children in the middle of a conflict, and without terminating a good relationship between both parties. It provides the means to co-parent successfully with your ex while both of your personal interests are looked after. What is divorce mediation though, and is it right for you?

What Is Divorce Mediation?

When people think of divorce, they imagine hostile court hearings and expensive legal fees. Divorce mediation is an option two parties can choose that is cost-efficient and less conflict-oriented. In this method, two parties hire an impartial third party to negotiate an agreement between them. In this mediation, the mediator will walk you through a series of complex issues, taking both of your interests into account, and will help you agree on a settlement. Mediation aims to reach an agreement that satisfies both parties’ needs and wants, maintains an amicable or neutral relationship between the exes, and avoids the expensive legal fees from divorce litigation. Mediation is also popular because of the privacy it provides. There are no public records of what goes on in mediation sessions.

People tend to favor mediation because it gives them more control over their divorce and how different matters are handled. Some of the matters a mediator will help you with include:

  • Child custody and child support
  • Spousal support
  • Property division

Divorce mediation also helps with overall communication between a couple. If a couple is getting a divorce, it’s common that their communication methods are strained and ineffective. Having a divorce mediation lawyer trained in mediation and communication can vastly improve communication between two parties. Sometimes you just need a neutral third party to see things fairly. 

When Mediation Isn’t Right For You

There are many instances in which mediation is a great decision. However, there are also plenty of circumstances in which mediation is not an option. One of the most common instances where mediation is not recommended is in the case of domestic violence. Because of the nature of the relationship between a domestic violence victim and an abuser, there is a heightened risk of tension turning violent. There’s also an increased risk that the abuser will intimidate the victim or threaten them, and they will agree to terms that aren’t actually equatable. 

If one party does not want to get divorced, mediation may not be an option. Mediation relies on both parties being open and willing to communicate and separate. If one party is resistant or unwilling to do this, mediation isn’t an option. 

If you have questions on whether divorce mediation is right for you, you can contact an experienced attorney at Lonich Patton Ehrlich Policastri. We’re located in San Jose, CA, and serve surrounding areas. Our lawyers are trained in mediation and collaborative divorce and can help you through this difficult time as easily as possible. We offer free 30 minute consultations, in person and virtually. Set yours up here.

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LONICH PATTON EHRLICH POLICASTRI

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

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

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

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DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

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