Family Law Archives - Page 3 of 25 - Lonich Patton Ehrlich Policastri

How To Help A Loved One Experiencing Domestic Violence

October 7, 2020/0 Comments/in Family Law, Personal /by Lonich Patton Ehrlich Policastri

Millions of Americans are the victims of domestic abuse yearly. It’s likely that you have either faced it yourself or have a loved one who has. But what about your loved ones who are currently experiencing violence? How do you help them? If you’re noticing signs of domestic violence, or if your loved one has confided in you, there are steps you can take to help. Learn what you can do from an experienced domestic violence lawyer.

Signs of Domestic Violence

If you suspect that your friend or family member is experiencing domestic violence, there are some signs you can look for. Some are more obvious than others. You might notice…

Their partner or family member shows signs of possessiveness or a controlling nature
Their self-esteem and self-worth has taken a nosedive since entering the relationship
Their partner is excessively jealous
Their partner yells at or humiliates them frequently
They frequently have bruises or other injuries
They no longer have time to spend with friends or family, or people other than their partner (Abusers work to isolate their victims from a support system as a way of trapping them).

This is just the tip of the iceberg when it comes to warning signs of domestic abuse. If your loved one hasn’t confided in you that they are being abused, there are certain ways to handle the situation, and it must be done delicately.

Supporting Your Loved One

Your first instinct may be to get the help of the police or a domestic violence lawyer. While this is necessary in the eventual resolution of the situation, this isn’t always the right, first step. Often, many victims of domestic violence are not ready to confront the fact that they are victims. They may have a lot of shame around the situation, and abusers often make their victims feel that they are at fault for their own abuse.

Don’t begin by telling them they are being abused and how they should handle it, although this may be your first instinct. Instead, start by expressing concern in a safe, private place away from the abuser. Listen to and support your loved one, and believe what they have to say. Do not be judgemental in any way. You need to validate them and remind them that they do not deserve to be hurt and that they are not to blame. That is so important, as they may feel it is their fault. Work to build up their self-esteem by reminding them of their worth and all of their positive qualities. For them to take the first steps towards leaving the situation, they need to believe they deserve to leave. Help them rebuild a support system. Abusers work to actively isolate their victims and drive their loved ones away so as to maintain control over their victim. By encouraging and helping your loved one rebuild those connections, you are building a strong foundation to support them when they leave. Ultimately, you need to put the power in your loved one’s hands. You need to remind them that they are strong and that they call the shots. Reminding them of their power can lead to the eventual will power they need to stand up for themselves and leave an abusive situation.

Getting Help

When your friend or family member has decided that they are ready to take the next step in leaving a bad situation, you should have the resources to help them. You want to know what to do ahead of time so that you can get them out of the situation as quickly as possible and as safely as possible. You will want the number of your local domestic violence helpline. You will also need to reach out to them ahead of time to learn about resources they have to offer.

A spouse in a white shirt holds their ring and cries into their hands. They're meeting with a domestic violence lawyer

You may also want to have the contact number of a domestic violence lawyer who can help in setting up a DVRO (domestic violence restraining order). They can also assist in pressing charges. You want an attorney who has extensive experience in the field of domestic violence, and who can handle the case delicately and discreetly. If your loved one is married to their abuser, a domestic violence lawyer can also aid in divorce litigation – especially if children are involved. In these matters, where there is a lot of hostility, you need an aggressive attorney who can work tirelessly to get justice for your loved one and their children, and to safely extricate them from a violent situation.

Courts tend to favor the interests of the abused spouse, and typically take accusations of abuse very seriously, especially if children are involved. If you have questions about what qualifies as domestic abuse in a court of law, and what your next steps should be in helping your friend, there are a couple resources you can use…

Domestic Abuse Intervention Services

Help a Loved One or Friend

National Domestic Violence Hotline

https://www.thehotline.org/help/help-for-friends-and-family/

LPEP Law – Domestic Violence Lawyer

https://www.lpeplaw.com/family-law/domestic-violence/

If you are based in or around San Jose, you can set up a free 30-minute consultation with one of our domestic violence attorneys here. We believe victims and actively work to create a safer, healthier life for victims and their children.

Parental Relocation & The Stay At Home Order

September 24, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

As we all know, divorce/separation is a highly emotional event – especially when children are mixed into the fray. Combine that with the shelter in place (SIP) order we have in Santa Clara County and things start to become extremely stressful and volatile. If you’re unsure how to win a parental relocation custody case, especially during COVID-19, this article and a parent’s previous experience in San Jose winning full custody during the pandemic, might be of help to you.

Many times during a divorce/separation, new job opportunities, economic hardships, and other various difficulties may arise. As a result, one or both parents may need to relocate to a different city or state, transporting their children along with them to the new place of residence. Even during these uncertain times, family law courts are opened for the process of new applications and court dates. And while parents can often come to an agreement based on what’s in the best interest of their child, sometimes it’s just not possible for both parties to reach a consensus. If it comes to this point, professional legal representation is highly recommended. At least for the case of Steven Agnew from San Jose, California, this was true- he won full custody of his daughter, for the time of the shelter in place (SIP) order. The main argument used by him and his attorneys was the health of his daughter, and a judge agreed with this thought.

Under California state law, a parent who has sole custody typically has the right to move with their children unless the other parent can demonstrate that it would cause harm to said children. But if parents have joint custody and one parent challenges the other parent’s relocation, the parent who wants to move must show that it will be in the best interest of the children. With all that said, custody orders and visitation guidelines are not always completely clear. In California, judges often have few guidelines to follow, so the state tries to treat each case on a unique basis. Because of this, it’s important as a parent to seek legal advice from an expert parental relocation lawyer to ensure you get the desired outcome regarding your children’s future.

A parental relocation lawyer signs a document as the sun rises behind them

International parental “move-away” issues can be especially contentious and convoluted. Our team at Lonich Patton Ehrlich Policastri takes exceptional consideration to ensure a meaningful, continued relationship between the noncustodial parent and child is preserved. If a custodial parent decides to violate any of the visitation obligations, we understand and acknowledge the civil aspects of international child abduction in respect to the Hague Convention. We have attorneys that have experience in the 9th circuit of the supreme court and are extremely prepared for any matter, no matter what complexity.

The end goal here is to ensure that the best interests of the children are served, while also making sure that both parents are able to maintain a continuing relationship with the children. We understand that a loss of contact with one parent can be detrimental to a child’s wellbeing.

Here at Lonich Patton Ehrlich Policastri, our family law attorneys have more than 100 years of combined litigation and trial experience and an extensive background working on parental relocation and move away issues. Our team also has considerable experience in handling child custody matters concerning foreign nationals. These Parental Relocation Lawyers are on standby in San Jose, ready to help you learn how to win a relocation custody case. Please contact our office to schedule your free 30-minute Parental Relocation Consultation by calling (408) 553-0801 or signing up online here. All consultations will be done virtually due to COVID-19 regulations and for the safety of our partners and our clients.

How a Domestic Violence Restraining Order Can Affect Child Custody

September 23, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Dealing with a child custody arrangement is one of the most stressful experiences parents may face. When one of the people fighting for child custody or visitation rights has a domestic violence restraining order, the case is significantly more complicated and almost always requires a qualified child custody attorney to ensure that the children receive an outcome that is in their best interests.

Understanding Custody Arrangements

Before discussing how a domestic violence restraining order affects custody, it is important to understand legal terminology regarding custody. There are two types of custody:

Legal custody refers to the custodian(s) responsible for making major life decisions for the children, including choices regarding education, religion, and medical treatment.
Physical custody refers to the person who must legally provide a safe and secure home for the children.

Both types of custody can be full, in which one person is the main decision-maker or caretaker, or joint, in which two people share the legal rights regarding decision making or the responsibility of providing a home.

Understanding a Domestic Violence Restraining Order

A domestic violence restraining order (DVRO) is granted when a judge determines that a person has committed or threatened to commit abuse against someone that they have a close relationship with. This includes relationships such as:

A spouse or domestic partner
A roommate
A person that they are divorced or separated from
Someone that the person is dating or used to date
The other parent of the person’s child
Another close relative such as a sibling, parent, or grandparent

In other words, a judge issues a DVRO when they determine that someone is a threat to another person that they are close to. A person must file a DVRO against someone for a judge to legally issue it. Any DVRO can affect a child custody case, whether it is against the other parent or any of the aforementioned people. Any history of violence is reason for concern in a court’s eyes.

How Domestic Violence Restraining Orders Affect Custody

Domestic violence is different than child abuse because the victim must be older than 18 years old. However, research shows that domestic violence can negatively affect children, especially when they witness the abuse. In some cases, the emotional impact of children who experience domestic violence in their homes can be similar to those of children who are abused and neglected.

A child in a striped onsie is held up by a parent at the beach after being awarded child custody

Due to the mental and emotional effects that domestic violence has on children, judges typically will not award custody to the person with the DVRO if they determine that the domestic abuse is likely to occur again.

Parents with a DVRO are often only granted limited visitation rights, which are strict schedules or rules regarding when they can legally visit their children. Often parents may not visit the children as frequently as they wish, only can visit the children with the supervision of a third party, or are not allowed to have the children spend the night at their house.

How Someone With a DVRO May Obtain Joint or Full custody

This does not mean that a parent facing a child custody case with a DVRO should not develop a strong case. There are situations in which a judge may grant full or joint custody to a parent with a history of a DVRO. Factors that a judge considers are when the DVRO was issued, the behavior of the person since the DVRO, if the person completed all of their court-ordered programs, and the living environment of the other person fighting for custody.

In all custody cases, the interests of the child are the judge’s main priority, and it is their job to do their due diligence when assessing the parents’ fit for custodial rights. This means that even though one parent has had a DVRO issue, they may still be the best option for custodial rights. Judges do consider the length of time that has passed since the DVRO and understand that with proper treatment, some people can dramatically improve their behavior and become fit to be a caregiver.

If someone with a record of a DVRO awarded within the past five years wants full or joint custody of their children, the judge will consider the following seven factors:

What custody arrangement is in the best interest of the children?
Does this person have a record of any other domestic violence?
Has the person followed all the conditions of any restraining orders against them?
Did the person finish their year-long batterer intervention course?
If any alcohol or drug programs were mandated by the court, has the person finished them?
If any parenting classes were ordered by the court, has the person finished them?
Has the person followed all terms of their parole or probation?

The judge will use the aforementioned factors to determine custodial and visitation rights. If you are the victim of domestic violence or have a history with a DVRO, and are facing a child custody case and need advice, our lawyers at Lonich Patton Ehrlich Policastri offer free, 30-minute consultations to assess your unique needs. All consultations will be virtual due to COVID-19 in order to maintain the safety of our partners and our clients.

Our experienced trial lawyers at LPEP are some of the most reputable child custody attorneys in the San Jose and Silicon Valley areas. Schedule your free consultation online here.

Divorce After Affair – How Affairs Affect The Case

July 22, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Going through a divorce is a devastating and stressful reality and experiencing a divorce after an affair often magnifies the emotional impact on people. People facing a divorce after an affair should make it a priority to educate themselves with a few basic principles regarding affairs and divorce settlements.

Understanding the “No-Fault” Divorce Principle

The state of California practices the “no-fault” principle, which means that one spouse does not have to prove that the marriage failed due to the fault of the other spouse. Instead, the spouse(s) need only claim that the spouses have “irreconcilable differences,” or that one spouse suffers from “incurable insanity.” In other words, either one spouse has a mental illness that makes cohabitation difficult, or the two spouses simply cannot get along and are no longer compatible.

This is a modern principle on divorce settlement which vastly differs from the antiquated principle that requires a specific reason for the failed marriage and which often involves one person being blamed for the divorce.

This means that adultery no longer holds the same effect on a divorce settlement that it once did. However, the added layer of adultery does make the divorce settlement substantially more complicated, as there are a few instances in which the person who committed the infidelity suffers from financial repercussions. Severe and specific situations in which the children were emotionally impacted by the divorce can also affect custodial arrangements.

In order to best prepare you for your divorce settlement after an affair, Lonich Patton Ehrlich Policastri offers a comprehensive guide to understanding your legal rights for divorce after an affair.

How Affairs Affect Child Custody Arrangements

It is a common belief that the immorality associated with having an affair often tarnishes a person’s reputation in court. Judges, however, typically don’t consider an affair when determining child custody arrangements because it is generally understood that the act of having an affair does not directly affect a parent’s ability to provide a safe and supportive home. There are a few exceptions to this rule in which the judges determine that the affair caused the child severe emotional harm or impeded on the safety of their living environment.

Such circumstances that may discourage a judge from awarding child custody or visitation rights include:

Situations in which the spouse or the person they had an affair with physically abused the children
Examples of neglect such as a parent frequently leaving younger children alone while engaging in their affair
Events in which the parent engaged in frequent substance abuse while having the affair
And even circumstances in which a parent frequently brings their lover around their children, thus subjecting them to emotional turmoil and stress.

If your affair and divorce settlement involved one of the aforementioned situations then it is especially important to hire a qualified divorce attorney in San Jose in order to best present your case.

How Affairs Affect Alimony Payments or Property Division

Another common misconception about divorce after affairs is that the person who committed the adulterous acts is financially obligated to pay for the stress that they caused their spouse.

Judges, however, do not consider affairs in regards to alimony payments, but instead, determine the amount and schedule of payments based on one spouse’s financial dependency on the other.

However, there are a few exceptions to this rule of thumb in which judges may alter the alimony payments. For example, if the spouse who would normally receive alimony is living with the person that they had an affair with, then they may have less need, but generally, the “new” spouse’s income is not considered in setting support.

Another example in which a judge could adjust alimony payments is when the person who had the affair lavishly spent money on their lover for dinners, hotel rooms, gifts, or weekend getaways; these adjustments are a result of reimbursement claims. It is essential to understand that judges are not lawfully bound to grant the other spouse financial compensation for the affair itself.

The principle practiced in California divorce law known as “community property,” states that assets accumulated during a marriage must be split evenly if the marriage ends. In other words, some judges may interpret that law as meaning that the spouse who was cheated on is entitled to their share (50 percent) of the money that was spent on the affair.

Since this principle is merely an interpretation of the law and it is not explicitly stated, it makes divorce trials after an affair significantly more complex and timely.

As a woman watches her husband secretively text, she contemplates divorce after affair.

If you are facing a divorce after an affair and want to protect the interests of you and your children, then it is critical to invest in a qualified divorce attorney in San Jose, California. LPEP is one of the largest family law firms in the Bay Area and is experienced with complex and high-asset divorce settlements.

Sign-up today to schedule a 30-minute consultation so that we can help you understand your unique needs regarding a divorce after an affair.

How COVID-19 is Affecting Family Law

June 10, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

We’re living in a very uncertain time right now. Everything is unprecedented and everyone is handling COVID-19 differently. There are a few common practices being taken by local and state governments that we can lean on for stability. What does the Shelter-In-Place order mean for you and your family, and family law?

What Is A Shelter In Place Order?

Shelter in place orders are employed during or after a crisis to protect the population. These are usually issued locally which is why you are seeing orders with differing stipulations coming out of different states and counties. A shelter in place order requires residents to stay at home with the exception of essential travel and business.

Are Courts And Family Law Firms Considered Essential?

Many people who were facing legal trouble before the pandemic are now wondering how this will affect their cases. Courts and law firms are considered essential businesses, however, they are operating on a restricted basis. Only people who have hearings before the court will be allowed in the courthouses. Each county in the Bay Area has different regulations they are operating under. For Santa Clara, certain courts will remain open during the COVID-19 crisis, one being the Family Law Justice Center Courthouse. They are handling a restricted type of cases at this time. Some of those being:

Various restraining orders – Emergency protective orders, gun violence orders, domestic violence temporary orders
Child custody and visitation matters – ex parte requests, modifications due to child safety concerns, modifications due to parents withholding visitation
Guardianship with child safety concerns

You can learn more about the matters family law courts are handling here.

Temporary Emergency Rules

During coronavirus, the courts have enacted new emergency rules and revised existing ones to best serve the community. Emergency rule #8 was revised. It discusses the matter of extending protective and restraining orders. There is no longer an automatic extension of duration of orders during the pandemic. Now, the courts must provide persons a way to request renewals and extensions only.

Emergency rule #13 deals with support requests and orders. This rule was created to ease the burden of requesting changes to child support, spousal or partner support, and family support orders during coronavirus. It is more challenging to file requests at this time, and the courts are having a hard time processing them. To deal with this, the courts are allowing service of unfiled requests.

For a list of all temporary emergency rules, go here.

Government Aid and Back Child Support

The government is offering aid to the public in the form of a $1200 stimulus check. This is to offset the damage to the economy and the loss of jobs across the country. Family law matters are affecting the release of these funds. If a parent owes outstanding child support payments, they will see their funds reduced or will not be issued a stimulus check.

To learn more about how family law in the Bay Area is affected by COVID-19, check out these resources here. You can also set up a free virtual consultation with one of our family law attorneys to help you with any questions or cases you may have. You can set up a consultation here.

Child Custody, How SCCSC Judge Dealt with COVID-19 Rule

April 22, 2020/0 Comments/in Family Law, News /by Lonich Patton Ehrlich Policastri

The Difference Between Legal Separation And Divorce

April 10, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

The idea that you and your spouse may no longer share your lives together can be devastating and it is common for people to get lost in the emotional toll and legal confusion. When the time is right, however, it is wise to educate yourself on your available options for your next steps with your spouse.

Though the terms legal separation and divorce are often used interchangeably in California, they have distinguishing features. Before pursuing one option, it may be beneficial to understand the difference between legal separation and divorce.

Legal Separation vs. Divorce

Both legal separation and divorce refer to a legal process that arranges the division of property, child custody, visitation rights, and a schedule of alimony payments (when applicable).

A divorce is a firm legal division that legally ends the marriage. People who choose divorce over legal separation are often either hoping to become remarried in the future, hoping to dissolve nearly all financial and legal obligations between the spouses, or see no legal benefit of maintaining their marriage

A wedding band sits on fabric after a couple fought over legal separation and divorce.

Though divorce is more common, there are benefits of maintaining a legal separation. With a separation, the spouses’ property and financial assets are still divided, however, the spouses often live separately. The key difference is that spouses who legally separate are still considered legally married and can benefit financially if they so desire.

People who seek legal separation often do so because:

The spouses are having significant difficulties but want the option to work on their marriage in the future
The spouses have not fulfilled the six-month time period that spouses must meet in the state of California before filing for divorce
The spouses do not believe in divorce due to religious or spiritual reasons
One spouse receives health or social security benefits that they wish to continue to share with the other
The spouses want to maintain the tax savings of a married couple
The spouses feel that a separation is less devastating and easier to handle than a divorce

Please keep in mind that certain benefits are not valid after legal separation and it often requires the scrutiny of an experienced lawyer to assess whether the benefits may be shared in a separation.

Often people who undergo a legal separation falsely believe that it is unnecessary to invest in an experienced family law attorney. This mistake can have a devastating financial effect on one spouse if the other spouse hires an aggressive and experienced family law attorney.

The Bottom Line

Though legal separation may appear to be a less complicated process than a divorce, the three most contested issues in a divorce — the separation of assets, child custody and visitation rights, and the schedule of alimony payments — are still all present with legal separation.

Before pursuing a divorce or legal separation, it is advised to speak with an experienced separation and divorce attorney in your area. Lonich Patton Ehrlich Policastri offers free 30-minute consultations for people wishing to educate themselves in family law practice or who have questions regarding their unique situation.

No matter which option you choose, it is important for you to invest in a qualified and reputable family law attorney in San Jose County. LPEP is one of the largest family law firms in the Bay Area, with more than 100 years of combined experience. Set up a free virtual consultation here.

Consulting Harassment Lawyers – How to Seek Out Help

March 25, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Harassment is a form of abuse that no person should have to endure. It can affect your mood, work performance, sleep schedule and overall well-being which may lead to more issues down the road. This is why it’s best to take the steps of dealing with harassment seriously by hiring a harassment lawyer. Lonich Patton Ehrlich Policastri can better inform you of what harassment is, how their harassment lawyers can help, and what you can do to protect yourself from harassment and domestic violence in the Bay Area.

What Qualifies as Harassment?

Unfortunately, harassment in cases of domestic violence comes in many different forms and is not uncommon. Overall, this type of harassment includes verbal (in person or multimedia communication) or physical actions that create an offensive, hostile, and/or uncomfortable environment for the victim. Sexual harassment includes unwelcome verbal comments or physical actions that are of a sexual nature.

Typically, to be treated as harassment, the action(s) must happen more than once. There are exceptions to this in cases of extreme acts of harassment, aggression, abuse, etc.

A woman seeks help from harassment lawyers after a man disrespects her boundaries.

Lonich Patton Ehrlich Policastri deals specifically with harassment in regards to domestic violence cases. If you are being harassed and abused by someone close to you, help is available.

35.6% of women and 28.5% of men in the United States have experienced abuse or harassment in some form by an intimate partner in their lifetime. That’s over 1 in 3 women and more than 1 in 4 men (National Domestic Violence Hotline).

If you’re suffering from domestic abuse and harassment, or if you feel unsafe, there are steps you can take.

Safety Precautions

Meeting with a harassment lawyer is a good idea if you are unsure of what actions to take. Until then, be sure to keep documentation of any occurrences related to the harassment and any information that could be of use later on.

If possible, reach out to someone you can trust. Attempt to find witnesses who will support you and back you up.

Keep records of every important detail regarding your situation in case you need it later. Reach out for assistance if at all necessary, to ensure you are doing the best for yourself.

You may want to consider getting a restraining order for your personal safety and the safety of your children if you have them.

What Harassment Lawyers Can Do for You

Seeking out a lawyer before reporting your harassment may be best for you if there are chances of retaliation from your harasser, or if you are unsure of how to properly report the harassment or domestic violence. There is nothing wrong with contacting a harassment lawyer just to be safe. Domestic violence is a delicate matter that requires knowledgeable and responsible guidance.

A woman consults a team of harassment lawyers about her DVRO case.

Harassment lawyers can help you decide and go through the necessary steps of reporting harassment or abuse following your area’s laws. Helping with descriptive statements and documentation can come as a great help in case nerves or fear set in while attempting to recall events later on.

A lawyer can also help you set up a restraining order with the local authorities. They can work with you to gather evidence proving your claims, and can help develop the stipulations under which you want the restraining order to function and protect you.

In addition to this, harassment lawyers will monitor the behavior regarding your harasser and their responses to the report. A lawyer can aid in ensuring your safety, as well as the accuracy of all legal statements along the way to bring you the best outcome possible.

Luckily, harassment and domestic violence is taken seriously in the Bay Area and surrounding cities, and LPEP is well equipped to dealing with these situations.

The lawyers at Lonich Patton Ehrlich Policastri are here to help those in the Bay Area get the assistance and safety they deserve. Reach out today if you need direction or legal assistance in regards to workplace harassment. We are discreet.

Divorce Planning – What You Need To Know

March 13, 2020/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

Are you and your spouse considering divorce? It’s a tricky subject and often, a point of contention. Taking the necessary steps to ensure you’re prepared can make all the difference. Hiring a divorce lawyer to help you with divorce planning is recommended for a myriad of reasons; one being that it can prevent a nasty trial in some cases.

Our San Jose divorce lawyers explain what you need to know to prepare for your divorce.

What Is Divorce Planning?

Divorce planning is done by a spouse with the help of a divorce lawyer. In the time leading up to actually requesting a divorce from your spouse, you will work with an attorney to plan out where you are currently and where you want to be after your divorce.

Divorce planning covers all areas of your life from your living situation to child custody. The end goal is to make your divorce as smooth as possible and to result in a favorable outcome for you.

A spouse hands their ring to another after finding out they've been doing divorce planning.

What Areas Should You And Your Divorce Attorney Consider?

How to tell your spouse – One of the most rattling parts of divorce is deciding how to broach the subject with your spouse. It can be intimidating and often very emotional. An experienced divorce lawyer can work with you to anticipate how your spouse is likely to react to the news, and how best to approach the subject with them for an efficient, logical conversation.

You may also need to plan how to tell your children about the divorce. This is something you can plan ahead of time and then collaborate on with your spouse after you’ve informed them of your decision.
Where you will live – As a couple, you most likely have acquired property together. At the very least, you are on a lease together. You will need to create a plan with your attorney for where you will live. You can do this by planning out a budget to ensure you can afford new living situations. You will also have to consider where your children will live during the divorce if you have children with your spouse.
Spousal Support – If you are the breadwinner or the sole earner of your household, be prepared for the financial responsibility you have towards your spouse. You may be required by court to pay spousal support during the divorce proceedings. If you are the non-earning spouse, don’t expect spousal support. It is not guaranteed. It is best to consider getting a job. A divorce lawyer can help inform you of your options, whether you’re the primary earner or the non-earner in your relationship.
What about the children? – If you have children, there is a lot of planning to be done in this area. For instance, where will they live? Will you and your spouse share custody or do you plan to fight for sole custody? If you’re the primary earner, you will probably have to pay child support. You will need to work with a divorce lawyer to plan for the specifics of this future expense. If you are the non-earner, will you be requesting child support? If you and your spouse live in different districts, where will the children attend school, and how will the custody schedule work around that schedule?
Paperwork – An experienced attorney can inform you of all the paperwork and documents you will need to file for divorce. They can also guide you through the filing process such as where to file and what the laws are regarding divorce.

A person meets with a divorce planning lawyer

Having an experienced divorce lawyer to help you with divorce planning is crucial. They can keep you informed and position you for the best possible outcome for your divorce. Whatever your position in the marriage, Lonich Patton Ehrlich Policastri is prepared to help you. Get strong representation to help you with your plan. Set up a free planning consultation today.

How Much Alimony Do I Qualify For?

October 17, 2019/0 Comments/in Family Law /by Lonich Patton Ehrlich Policastri

It’s common to have questions about alimony during divorce cases. The laws on alimony differ state to state. In California, alimony is referred to as spousal support and can be issued in two forms. Lonich Patton Ehrlich Policastri, experienced lawyers in divorce and separation, have broken down these two types to help you know what to expect.

When a couple is going through separation, they often wonder about alimony. Will they have to pay it? Do they qualify to receive it? How much will they receive? The truth is the answer varies case by case. Like many things in law, everything is specific to your case and your needs.

Alimony is a legal order to make support payments to one spouse during or after the divorce. In San Jose, there are two types of spousal support : Temporary and Permanent. Just because you qualify for one does not guarantee you’ll qualify for the other. Find out which one you may qualify for.

Temporary Spousal Support

The purpose of temporary support is to maintain the status quo of the household prior to divorce during the separation case. The time frame this is owed will vary depending on the case. A spouse will be ordered to pay temporary support until a judgement is reached. This can last as briefly as 6 months or up to several years. The amount you will receive is calculated via a software program. The gross monthly income for both you and your spouse is input into a computer program and processed. An amount for monthly payments is then submitted to the court along with who is responsible for those payments.

This type of support is common in cases where the primary breadwinner runs off and refuses to support the other partner. The other partner may have given up a career or education to stay at home and look after the family. This places them at a disadvantage and the court will often order temporary support to help. If the primary breadwinner refuses to pay support, the payments can be taken directly out of their paychecks. Temporary alimony can be issued in addition to child support.

Permanent Alimony

While temporary support is decided exclusively on gross monthly income, the court uses more discretion when determining permanent support. Both parties will go to trial over the amount owed. Factors that go into determining the amount to be paid and the length of payments are net income of both parties, if children are involved, age of both spouses, the health of both spouses and if both parties have a job or if one is in need of training. The purpose of permanent support is to transition the lower earning spouse into a lifestyle that is sustainable and allows them to be self sufficient. It is also to compensate the lower earning spouse for any damage caused to their earning potential. This refers to what we mentioned in temporary support; a case where one spouse gave up a career or education to be the homemaker.

Two rings sit on top of a divorce form with two ex spouses discussing alimony

The amount of time spousal support is owned depends on the length of marriage according to San Jose law. If a marriage is determined short term (less than 10 years), half the length of the marriage is typically rule of thumb but not guaranteed. Long term marriages (10+ years) are more open ended. They can be paid for 10 years or even longer. There’s no way to give a definitive answer to this as it’s determined on a per person basis.

Get In Contact

If you live in San Jose, CA and have questions about alimony, reach out to the experienced attorneys at Lonich Patton Ehrlich Policastri. They offer free 30 minute consultations. Find out your chances of receiving temporary or permanent support. If you have children, you can learn about child support as well.

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.