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Selecting A Family Law Attorney In Santa Clara County

August 30, 2019/in Family Law /by Mitchell Ehrlich

There are so many reasons to need a family law attorney. It’s important to choose the right one for your situation. If you’re in Santa Clara County, Lonich Patton Ehrlich Policastri can help. They specialize in family law and have collectively over 100 years of litigation experience. 

Where Should You Start?

When looking for a family law attorney, you should find out if they specialize in your needs. Family Law is a broad area of expertise and most law firms with a focus in family law handle a range of cases such as…

  • Child Custody
  • Grandparents Rights
  • Annulments
  • Divorce Planning And Litigation
  • Domestic Violence
  • Harassment
  • Parental Relocations
  • Prenuptial Agreements

These are just a handful of cases that a family law attorney works on. If you’re unsure if a family lawyer is right for you, contact Lonich Patton Ehrlich Policastri. They offer a free 30 minute consultation where they can answer your questions and determine if hiring a family law attorney is your best course of action. 

A family law attorney in a meeting with a client in Santa Clara County

Are They Board Certified?

Along with specialization, you want to make sure whomever you hire is board certified. This means your attorney has extensive experience and credibility in their career. You can check if they are board certified on your state bar’s association website.

At Lonich Patton Ehrlich Policastri, they pride themselves on being experienced and board certified. This allows them to offer you some of the best legal advice in Santa Clara County. 

Along with checking for board certification,  you should hire someone who is highly reviewed. You can find reviews for lawyers easily by looking on yelp or google, and often law firms have a testimonials page. 

Do They Have A Team?

You want to hire a family law attorney who has a team to work with. A law firm who doesn’t have a team of paralegals or other assistants runs the risk of being stretched too thin.

Family Law Attorney sitting with two paralegals

So, how can you tell if they have paralegals or other assistants? You will often find a page on the website with a list of attorneys who work at the firm. This will include other team members. For instance, LPEP Law has a page titled “Our Attorneys” that introduces the partners and attorneys in the practice.  

The main thing to remember when hiring a family law attorney is to feel like your case is cared about. You want an attorney who will invest in your case and will work hard to get the best possible outcome for you.

Are they being honest about the reality of your case? Are they keeping you up to date with the progression of it? Do they empathize with you and share similar values. All of these are important questions to ask when considering a family lawyer.

Find out if Lonich Patton Ehrlich Policastri is the right choice for your situation. Set up a free consultation. 

https://www.lpeplaw.com/wp-content/uploads/2018/05/hero2-bw.png 750 1800 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2019-08-30 21:46:402021-12-22 20:02:28Selecting A Family Law Attorney In Santa Clara County

What Personal Information Do I Need To Prepare When Considering A Divorce

August 28, 2019/in Family Law /by Riley Pennington

Separation and divorce are very difficult issues to navigate. If you are preparing for a divorce, there are a multitude of challenges that you must prepare for. However, having a knowledgeable San Jose divorce attorney – like the attorneys at Lonich Patton Ehrlich Policastri – will significantly lessen your burden. When preparing to meet with a San Jose divorce attorney for the first time, it is important to gather and have available certain personal information.

A San Jose divorce attorney can help you gather the needed information for a divorce.

What Information Will You Need?

It is important have some basic information for both yourself and your spouse ready. Your full names, dates of birth, and social security numbers are a good start. Additionally, have both your and your spouses contact information, address, phone number, and e-mail address. Another important piece of information to have is a document showing proof that you are a California resident. This can be a mortgage bill or home utility bill for instance.

Other valuable information to gather in preparation of your divorce or separation include employment information for both yourself and your spouse. You should obtain the employer’ name, address, and phone number, for both you and your spouse. Gather information about the length of you and your spouse’s employment. This should include monthly or annual salary, and at least the last three income tax returns you filed.

What If Children Are Involved?

Regarding any children you and your spouse may have, there are a few things you’ll need. First it is important to have available a list of all children from the marriage’s names including the children’s dates of birth, social security numbers, and health insurance coverage. Additionally, it would be good to note what the current custody arrangement is between you and your spouse. If you anticipate custody being an issue during your divorce, vocalize this. Include if there are any children from a previous marriage for either you or your spouse. List their names, dates of birth, social security numbers, and whether there is child support being received or paid for any of the children.

A parent helps a baby walk. A San Jose Divorce Attorney can help you with custody during a divorce.

Finally, if there is some additional information that will be of great assistance to the divorce attorney you meet, provide it to the attorney either before or during your first meeting. The date and place your wedding took place should be provided. Further, a list of any the marital problems involving alcohol or drug abuse, or domestic abuse, that led to divorce. Lastly, your attorney will need the name of your spouse’s attorney if your spouse is represented. They will need to know where to serve your spouse with divorce papers.

If you are separated and planning a divorce or simply considering your options, please contact one of the experienced San Jose Divorce attorneys at Lonich Patton Ehrlich Policastri. We offer free consultations for new Family Law clients.

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

https://www.lpeplaw.com/wp-content/uploads/2019/01/2-Rings-Divorce-Papers.jpeg 1367 2048 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2019-08-28 16:19:192021-12-22 20:03:02What Personal Information Do I Need To Prepare When Considering A Divorce

Can A Grandparent Have Joint Custody Of A Child With A Parent?

August 23, 2019/in Family Law /by Virginia Lively

The second season of HBO’s Big Little Lies was overflowing with entertaining drama. One of the leading storylines involved Meryl Streep’s character, Louise. She was a concerned and doting grandma fighting for child custody over Nicole Kidman’s character, Celeste’s twin sons. There were many scenes involving attorney meetings, legal strategy and exciting witness examinations in a gut-wrenching trial. But how much of what was portrayed on screen happens in real life? Could a grandparent in San Jose, for instance, fight for joint custody over their grandchildren?

The short answer is yes; especially with the help of a dedicated attorney at Lonich Patton Ehrlich Policastri. However, this issue is somewhat complicated, so the help of a knowledgeable attorney in San Jose is crucial.

A grandparent holds their grandchild's hand. Joint custody for grandparents is possible with an experienced attorney.

What You Should Know About Grandparents And Child Custody

Parents have the legal right to the custody, care, and control of their children. However, there are many situations where a grandparent assumes the role of primary caregiver for their grandchild. Yet, a grandparent’s parental role in their grandchild’s life does not give a grandparent the legal right to the custody, care and control of their grandchild.

A grandparent can fight for child custody under California Family Code § 3041: “Custody award to nonparent.” Under this code, the court must make a finding that (1) granting custody to a parent would be “detrimental” to the child and (2) that granting custody to the nonparent is required to serve the best interest of the child. Because of this, it is less likely that a grandparent would receive joint custody. However, if this is a concern of yours, please contact an attorney at Lonich Patton Ehrlich Policastri in San Jose.

Although parents have a fundamental right to custody of their children, this right is not absolute. What is of upmost importance is the child’s fundamental right to have a home placement that is safe. They deserve a home that is stable, and permanent. It is up to the court to decide whether that be with their parents or grandparents. Potentially, the court could decide upon another third party. At the end of the day, the court bases its decision off what is in the best interest of the child. This “best interests” approach allows courts to comprehensively look at all circumstances in determining which home environment a child would be happiest and most successful.

Get In Contact With An Attorney

These issues can get extremely complicated and hard to understand. Therefore, if you or a loved one is a dedicated grandparent hoping to fight for child custody or want to learn more about joint custody options, please contact one of the dedicated attorneys at Lonich Patton Ehrlich Policastri in San Jose. You can set up a free 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.




https://www.lpeplaw.com/wp-content/uploads/2019/01/bigstock-Grandparents-With-Grandchildre-94466849-min.jpg 1067 1600 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2019-08-23 17:14:012021-12-22 20:03:17Can A Grandparent Have Joint Custody Of A Child With A Parent?

Child Custody Attorney In San Jose, CA

August 22, 2019/in Family Law /by David Patton

Child custody can be a living nightmare for most. The fight for custody can arise in many situations, from divorce to one parent moving away or mistreatment of kids. It’s important to get a family lawyer who can help you navigate this rocky time as smoothly as possible.

If you’re looking for a child custody attorney in San Jose, Lonich Patton Ehrlich Policastri is here for you. There are a few important things to consider when looking into a family law attorney.

Does The Attorney You’re Looking At Specialize In Family Law?

You need a lawyer who specializes in family law. If you have a lawyer who practices in many different areas, they won’t be well equipped to help you like you deserve. Choosing an attorney who deals with child custody cases regularly means they will know the ins and outs of the system that other lawyers won’t. 

How Long Has This Lawyer Been Practicing Family Law?

Experience matters. How long have they practiced family law? How many child custody cases have they handled in the past 12 months? At a minimum, the lawyer you choose should have practiced family law for 5 years. Lonich Patton Ehrlich Policastri has decades of experience with family law. They know the ins and outs of child custody cases and most likely know about the judges in the area and their leanings. 

What Court Are You Going To?

This may seem like a minor question, but it matters. An experienced child custody attorney in San Jose is going to know the courts and proceedings that go on there. More importantly, they will know of the different judges and council. They will know if a judge leans towards mothers more frequently or if they have any biases. This will work in your favor because they can help you build a stronger case. Find out how often your attorney has been to the court and how they can use this information to your benefit. 

What Do Their Testimonials Look Like?

You can learn a lot about a lawyer from their customer testimonials. With the internet, it’s easier than ever to hear from all sorts of people what their experience was like. This means you can make the most informed decision. LPEP Law prides itself on being assertive, effective and compassionate with their clients and cases. You want an attorney who cares about your situation and cares about your kids.

How Do They Communicate With You?

A child custody lawyer takes notes in a meeting with his client

It’s all too common when hiring a lawyer, to talk to them once and after accepting your case, you don’t hear from them for months. You want an attorney who will stay in communication with you and keep you updated on how your case is progressing. Child custody is expensive and stressful. You want to know it’s in good hands and you want to be reassured throughout the entire process that what’s in your best interest is being done. A competent attorney will keep you in the loop.

Child custody is one of the hardest things you can go through, and it’s overwhelming to know where to start.  That’s why LPEP Law offers a free 30 minute consultation. This can give you insight on how to move forward and what steps you need to take, specific to your case. You can schedule your free 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.


https://www.lpeplaw.com/wp-content/uploads/2019/01/Infant-Parent-Hands-2.jpg 1536 2048 David Patton https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png David Patton2019-08-22 20:03:442021-12-22 20:05:35Child Custody Attorney In San Jose, CA

Family is More Than Just DNA: Stepparent Adoptions

July 3, 2019/in Family Law /by Riley Pennington

Stepparents play an important role in a child’s life. Many stepparents want to solidify their role as a child’s parent and fully accept the responsibilities and joys that come with it. Making the choice to adopt a child is an incredibly personal one, and likely comes with a slew of questions for both the parent and the child.

What Is A Stepparent Adoption?

A stepparent adoption is when the spouse of a child’s custodial parent (the parent the child lives with) adopts that child. It is the policy of the Social Services Agency that the custodial parent and the stepparent be married for at least one year prior to the adoption.

What Does the Process Entail?

Generally, to complete a stepparent adoption, the stepparent and custodial parent will first fill out the necessary forms and file a petition in the county in which the stepparent resides. Then, there will be a hearing in court on the matter, in which the child to be adopted, the custodial parent, and the adopting stepparent all attend. The court will then decide to grant the adoption or not.

The process can be also be broken down into 6 steps:

  1. Complete the necessary forms (can be downloaded from superior court website)
  2. Get consent from both birth parent and custodial parent
  3. Mail completed forms to social services
  4. Home visit and investigation with the Department of Social Services
  5. Schedule adoption hearing
  6. Attend adoption hearing

What Consent Do I Need?

The stepparent will need to get consent from the birth parent who is giving up custody of the child. If the birth parent does not want to sign a consent form, you can file a petition to end their parental rights.

However, there is always a question as to whether the birth parent’s consent is required. To answer this question, you have to determine whether that birth parent has consent rights under Family Code §§ 8604-8605 and the Uniform Parentage Act, and/or whether there are grounds to dispense the birth parent’s consent pursuant to Family code §§ 7800 or 8606.

You will also need to obtain the consent of the parent who is retaining custody of the child—in other words, the custodial parent.  The custodial parent must sign a consent, in front of the Court Investigator, a court clerk, or a notary public, allowing his or her spouse/partner to adopt the child.

*Understanding consent can be tricky. For clarity, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

What Does the Court Consider?

The court’s primary concern in an adoption is the child’s best interest. The court hopes to maximize a child’s opportunity to develop into a stable, well-adjusted adult. The court will determine the least detrimental alternative for safeguarding the child’s growth that maximizes the child’s sense of being wanted.

What Happens After The Hearing?

If an adoption is entered, the adopted child and stepparent sustain the legal relationship of parent and child. They can enjoy all of the rights and duties of that relationship. This means that the stepparent has the right to make educational and medical decisions for the child, enter into contracts on the child’s behalf, and discipline the child among other things. Stepparents then can experience all the other joys and hardships that come with being a parent.

How Do I Start The Process?

If you seek to start the adoption process for yourself or a loved one, or have questions about birth parent consent to adoptions, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

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

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2019-07-03 08:00:162021-12-22 20:05:21Family is More Than Just DNA: Stepparent Adoptions

Declaration of Disclosure

June 21, 2019/in Family Law /by Michael Lonich

What is a declaration of disclosure?

A Declaration of Disclosure provides a spouse with a complete and accurate disclosure of all assets and liabilities you have. The Declaration of Disclosure includes:

  • A Schedule of Assets and Debts form
  • An Income and Expense Declaration form
  • Your previous two years’ tax returns,
  • A statement regarding the value of all property gained during the marriage,
  • A statement regarding all property that was not gained during marriage,
  • Information on any investment or business opportunities made after separation that was the result of investments or business created during the marriage.

Do I have to fill out a declaration of disclosure?

In a proceeding for dissolution of marriage or legal separation, California law requires that parties exchange a general inventory of all assets and liabilities they may have. California requires a declaration of disclosure for many policy reasons including to avoid dissipation of the community estate before distributions, to ensure fair and sufficient child and spousal support and of course to facilitate the division of community assets.

How and when do I exchange a declaration of disclosure?

There are two types of disclosures required by the State of California, a preliminary disclosure and a final disclosure. The exchange of preliminary declarations is an interim step toward the requisite exchange of more comprehensive final declarations of disclosure before a marital settlement agreement can be reached or entry of the ultimate judgment.

The preliminary disclosure must be exchanged at the time of the service of the petition for dissolution or any time during the pendency of the action. Characterization and valuation details are not required in a preliminary disclosure.

In a final disclosure, characterization and valuation details are required. Like the preliminary declaration requirement, service of final declarations is mandatory.

Further, both spouses have a continuing duty to immediately, fully and accurately update and augment their disclosures when any changes may occur.

Will my assets and liabilities become public record?

The extensive disclosures required by California law could reveal private information which, if filed with the court, would become a public record. The threat of public access might discourage full and truthful disclosures; therefore the preliminary and final declarations are not filed with the court and will not become public record. However, while the declarations of disclosure themselves are not filed with the court, each party must file proof of service of each of the required declarations; and likewise, as to any amended declaration of disclosure.

If you are considering dissolution or separation and need help preparing a declaration of disclosure, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

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

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2019-06-21 08:00:352021-12-22 20:05:13Declaration of Disclosure

Spousal Support: The Basics

June 7, 2019/in Family Law /by Michael Lonich

The decision to get divorced can be a difficult one; especially if you are unsure of how you are going to financially support yourself after severing ties from your former spouse. Thankfully, the courts have established a system where you can still be supported by your spouse after marriage through the means of spousal support.

What is Spousal Support?

Sometimes after a divorce, there is a financial gap or disparity left between the two former spouses.  Spousal support seeks to correct that by helping the supported spouse maintain the same standard of living established during their marriage.

Therefore, in its most basic definition, spousal support are payments made from one spouse to the other. In other words, the financially stronger spouse makes payments to the supported spouse that follow the amount of money and timeframe ordered by the court during the divorce proceedings.  

What Types of Spousal Support Are There?

A party can ask for spousal or partner support to be paid while their case is still ongoing. This is called a “temporary spousal support order.” The goal with temporary spousal support is that the supported party will eventually become financially self-sufficient within a reasonable period of time.

Additionally, support can also be ordered by a judge once the divorce becomes final, which is called “permanent (or long-term) spousal support.”

How is Spousal Support Calculated?

For temporary spousal support, judges generally use a formula to calculate the amount.

On the other hand, judges consider a number of different factors to determine a final spousal support order for a permanent spousal support order. These factors include: the earning capacity of both parties and standard of living established during the marriage, the length of the marriage, and any evidence of domestic violence. If the court refuses to make an award of spousal support, the reason may be attributed to the dual careers of the couple and each party’s income earning potential.

How Do I Go About Getting Spousal Support?

If you or a loved-one are going through a divorce and would like more guidance through the process, including petitioning for spousal support, please contact our attorneys at Lonich Patton Elrich Policastri. We offer free 30 minute consultations with our Family Law Specialists.

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.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2019-06-07 09:00:102021-12-22 20:05:08Spousal Support: The Basics

The Ins and Outs of Life Insurance During Divorce

April 11, 2019/in Family Law /by Michael Lonich

Life insurance is usually not high on the list of concerns during a divorce. However, it is important to know that under certain circumstances life insurance can be an important asset.

In California, Can Life Insurance be Divided?

California is a community property state, which means that anything earned by the couple is owned equally be each partner. When life insurance is purchased with community money it is possible that the proceeds of the life insurance policy may be community property.

There are two types of life insurance: whole life insurance and term life insurance.

The first type of life insurance is whole life insurance. For whole life insurance, the policy accumulates a “cash value”. The amount of the policy that was purchased with community money is considered to be divisible property in divorce.

The second type of life insurance is term life insurance. Term life insurance is a contract providing only coverage during a specified term and has no cash value. Term life insurance purchased with community money is community property. However, the property in term life insurance is the right to have coverage during the individual term paid for with community money. Because the couple has already received the “benefit” of the policy during the marriage, the policy is not considered to be a divisible asset.

If the partner for whom a term life insurance policy is maintained were to pass away during a term in which any community funds were used to purchase the term policy, a portion of the policy proceeds would be community property and subject to division in a divorce.

Can Life Insurance be Awarded as Child or Spousal Support?

California family law provides broad discretion in matters of spousal and child support. A judge may order a parent to buy an insurance policy with the child or spouse named as the beneficiary.

California law allows life insurance to be awarded for child support because the obligations of the parent extend beyond death. A judge may order a life insurance policy as child support when the judge believes that the ordered parent may have trouble providing for the child.

Life insurance awards for spousal support allows a judge to order a spouse to purchase a policy with the other spouse named as the beneficiary. The judge’s ability to order life insurance as spousal support is directly stated in California Family Code section 4360.

Is There Anything Else to be Aware of?

It is important to remember that a life insurance policy is a separate contract from marriage. The named beneficiary of a life insurance policy does not automatically change following a divorce. The holder of the policy must contact the life insurance provider to request a change of beneficiaries.

Another item to keep in mind is that even if a life insurance policy is not discussed during divorce proceedings, it can be brought before a judge later as an “omitted asset.” The judge may then decide on whether the policy should have been divided or have been included in an award of support.

Determining the rights to life insurance in divorce can be complicated. It is important to understand your rights to a life insurance policy both during and after divorce. If you have questions about your or your partner’s life insurance policy, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

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

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2019-04-11 08:00:512021-12-22 20:05:00The Ins and Outs of Life Insurance During Divorce

California Divorce: What is a Moore Marsden Analysis?

March 14, 2019/1 Comment/in Family Law /by Michael Lonich

Who or What are Moore and Marsden?

Moore and Marsden are two cases decided by the California Supreme Court and the California Appellate Court in 1980 and 1982 respectively. These cases dealt with the issue of how to determine the community property interest in a house.

Generally, a house purchased before marriage will be treated as the purchaser’s separate property. However, during marriage if the mortgage is paid with community funds a portion of the value of the house may become community property. Because California is a community property state, this means all community property is divided equally in a divorce.

When do I Use a Moore Marsden analysis?

The decisions of the Moore and Marsden cases are the basis for what is called the Moore Marsden analysis. The Moore Marsden analysis applies a formula to determine what portion of a house is community property due to mortgage payments made during marriage with community funds.

To apply the Moore Marsden analysis, you need to have two key factors. First, any mortgage payments made must be made with community funds. Second, these payments must include payment of the loan principal and not only interest.

How do I Apply a Moore Marsden Calculation?

If you meet the above two factors, you must compare the market value of your home at the time of your marriage and the market value at them time of your divorce proceedings to calculate the amount the house has increased in value during the marriage.

You then compare the amount principal paid during the marriage to the total purchase price of the house to calculate what percentage of the purchase price was paid during the marriage.

Next you take the percentage of the purchase price that was paid by the community and compare that to the amount your house has increased in value during marriage and add to it the amount of the principal paid by the community to calculate the total amount of the house that the community is entitled to.

Finally, in a divorce this amount is divided between the spouses because it is community property.

For example, if your house was worth $100,000 at the time of marriage and $200.000 at the time of divorce, then the house has increased in value by $100,000.

If you purchased the house for $50.000 and during your marriage paid off $10,000 of principal with community funds, then 20% was paid by the community.

Using the above examples, you take the percentage paid by the community, 20%, of the amount your house increased in value, $100,000, and add the amount of principal paid during the marriage, $10,000, which equals $30,000. This means that the community would be entitled to $30,000 of the $200,000 house.

This would mean that in the above example, each spouse would be entitled to $15,000 as community property is divided equally. The remainder of the house value and the balance due on the loan is kept by the spouse that purchased the house with separate funds before the marriage.

Is There Anything Else I Should be Aware of?

In a typical divorce, there are many additional factors that may be involved in the calculation. Refinancing and home improvements made with community funds both influence the calculation. Further, it may simply be difficult to agree on the required values of the home with your spouse.

Because of the complex nature of the Moore Marsden analysis, it is important to discuss your circumstances with a knowledgeable expert. If you own a home and are considering divorce, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

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

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2019-03-14 08:00:192021-12-22 20:04:46California Divorce: What is a Moore Marsden Analysis?

Roses, Chocolates, and Prenups

February 14, 2019/in Family Law /by Michael Lonich

About forty percent of all marriage proposals occur during the proposal season – the time between Thanksgiving and Valentine’s day – with Valentine’s day as one of the most popular days of the year. While Valentine’s day brings a romantic feeling full of roses and chocolates, February is also the beginning of another season: divorce season. February has the highest rate of divorce filings out of the year, and there is a dramatic increase in referrals for divorce lawyers the day after Valentine’s day. Valentine’s day can elicit strong emotions and the statistics show that people follow their passions this month either by beginning or ending a marriage.

            Staying married is not always easy or simple. In the United States, the divorce rate is around 50% and is even higher for second and third marriages. There are many complex issues that arise during marriage that a couple must navigate, particularly surrounding finances. Money is often the number one cause of conflict in a marriage, and as many as thirty percent of couples that fight about money end up divorced. 

            Typically, a premarital agreement is intended to create conditions that will encourage the growth and health of a marriage. The traditional agreement tends to focus on property owned before marriage by the couple as well as property that may be earned during the marriage. Although it seems like a premarital agreement would be counter-intuitive to romance, discussion of these important financial issues can help a couple grow. It can benefit the confidence in a relationship for couples to openly discuss their concerns and to plan together for the future.

            Because of the cost, a premarital agreement may not be for everyone. The traditional factors a couple should consider include the total amount of wealth they possess, and whether there is an un-equal amount of wealth between the couple. Additionally, premarital agreements are gaining popularity with young people who have pursued careers that may lead to a lucrative profession. Protecting their personal efforts is an increasing concern amongst people who might rather not have the state determine their financial future.

            If you are feeling swept up by Valentine’s day romance and are planning to propose, considering a premarital agreement may be a great benefit to your future. For more information and advice, please contact one of the experienced attorneys at Lonich Patton Ehrlich Policastri.

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

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2019-02-14 08:00:372021-12-22 20:04:34Roses, Chocolates, and Prenups
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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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