Estate Planning Essentials When You Have a New Baby

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Welcoming a new baby into the family is one of life’s most exciting occasions, but there’s also a lot to think about! Amidst all the excitement and flurry of activity that comes with a new addition, it’s easy for parents to overlook important matters like estate planning. 

While it may not be the most glamorous aspect of parenthood to consider, ensuring that your estate plan is up-to-date and comprehensive is crucial for the well-being and security of your growing family.

7 Estate Planning Steps After Having a Baby

Here are some essential steps to take when updating your estate plan after the arrival of a new baby. Don’t worry if you can’t get to them right away—these are just food for thought as you enter this new chapter of your life. 

1. Create or Update Your Will

If you haven’t already done so, now is the time to create a will or update your existing one to include provisions for your new child. Your will should designate a guardian for your child in the event that both parents pass away before the child reaches adulthood. This is perhaps the most important decision you’ll make in your estate planning process, so it’s essential to carefully consider who would be the best fit to care for your child.

2. Establish a Trust

You might want to establish a trust for your child, allowing them to oversee and allocate assets. This trust can offer financial assistance for their education, healthcare, and other necessities, all while ensuring responsible management of the assets until they reach a specific age or milestone.

3. Designate Beneficiaries

Review and update the beneficiaries listed on your life insurance policies, retirement accounts, and any other assets that pass outside of probate. Make sure to include your new child as a beneficiary, and consider establishing contingent beneficiaries in case your primary beneficiaries predecease you.

4. Consider Life Insurance

With the added responsibility of a new child, it’s wise to review your life insurance coverage to ensure that it adequately provides for your family’s financial needs in the event of your death. Life insurance can help replace lost income, pay off debts, and provide for your child’s future expenses.

5. Plan for Incapacity

Estate planning encompasses not only posthumous considerations but also includes provisions for potential incapacity. Designate someone you trust to make financial and healthcare decisions on your behalf through powers of attorney and healthcare directives.

6. Document Your Wishes

Communicate your wishes to your loved ones and make sure they know where to find important documents such as your will, trust documents, and insurance policies. Having open and honest conversations about your estate plan can help prevent misunderstandings and conflicts down the road.

7. Regularly Review and Update Your Plan

Life is constantly changing, and so should your estate plan. Make it a priority to review and update your plan regularly, especially after major life events such as the birth of a child, marriage, divorce, or the acquisition of significant assets.

Bonus: Discuss Your Estate Planning With Our Experts

Estate planning can be a complicated process, and the arrival of a new baby can add an extra layer of complexity. If you’re not sure where to start, our expert Estate Planning Attorneys are always available to discuss your specific needs and help prepare your estate planning documents. We’ll help you make the right decisions for you and your family, ensuring your newest family member is well-protected for whatever the future may hold. 

Don’t leave anything to chance—get started today with a free consultation from LPEP. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Can I Remove My Spouse From the Deed to My House?

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We enter marriage with the belief that it will last forever. Therefore, we do things to support that ideal, such as putting our spouse on the deed to our house.

But sometimes, life doesn’t go as we planned, and we realize the person we married isn’t the person we want to spend the rest of our lives with. However, before initiating divorce proceedings, you will want to take some time to consider your situation and the best way forward, including removing your spouse from the deed to your house.

Can it be done? Yes. But, depending on the scenario, it could become complicated.

First Scenario: You and Your Spouse Purchased the House Together

In California, a community property state, any property acquired by either spouse during the marriage is regarded as jointly owned by both partners. During a divorce, marital assets are divided equally, regardless of whether the marriage lasted three years or thirty. Consequently, both parties possess equal ownership rights to the property.

If you and your spouse purchased the house together, you will need to buy out your spouse’s interest in the property. Once the divorce decree is signed, your spouse must sign a quitclaim deed giving up their rights to the property. If they refuse to do so, you must return to court to ask and request that the judgment be enforced.

Second Scenario: You Owned the House Before Marriage and Added Your Spouse to the Deed

Any property you acquired before the marriage is generally considered separate property, and the spouse who owned the home before marriage typically retains ownership after the divorce. But if you add your spouse to the deed, it becomes more complex. 

By adding your spouse to the deed of a home you owned outright before marriage, you have effectively changed the property’s character from separate to potentially community property. This act can be interpreted as a gift to the marital community, meaning both spouses now have an equal ownership interest in the property.

However, the specifics can vary greatly depending on circumstances:

  • If there were a prenuptial or postnuptial agreement specifying that you retain ownership of the house in the event of a divorce, that agreement would likely prevail.
  • If you can prove that it was not your intention to make a gift of the property to the marital community, the court might consider this evidence. However, changing a title to include a spouse’s name typically signifies an intent to gift, and proving otherwise may be difficult.

Legal Advice is Critical

Preparing for your divorce is crucial before you file, especially when it involves protecting your assets. Given the complexities involved in your situation, it’s vital that you work with an attorney who understands the nuances of California’s community property laws. Our attorneys at Lonich Patton Ehrlich Policastri have over a decade of experience and can advise you on your rights and options for retaining ownership of your home.

Contact us for a free consultation by calling (408) 553-0801. We can help you reach a positive resolution to your case.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Can I get a divorce in California if I got married in Las Vegas?

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We’ve all heard of the “Vegas wedding,” and indeed, Las Vegas has become a very popular destination for couples looking to get married quickly. Many people perceive getting married in Vegas as easy, as it requires minimal paperwork, no significant waiting period, and no need for blood tests, which are required in some U.S. states. 

One of the most frequently asked questions is whether a marriage officiated in one state, such as the quick nuptials of Las Vegas, can be dissolved in another state, like California. In this guide, we’ll explain what you need to know about filing for divorce in California after getting married in Las Vegas. 

So, can I get a divorce in California if I got married in Vegas?

The short answer to the question is yes, you can get a divorce in California even if you got married in Las Vegas. California, like most states, recognizes marriages performed in other states and countries, including those in Las Vegas. However, certain criteria must be met to file for divorce in California, irrespective of where the marriage took place.

Criteria for filing for divorce in California

Firstly, to file for divorce in California, either you or your spouse must be a resident of the state for at least six months prior to filing. Also, you must have lived in the county where you plan to file for divorce for at least three months. Meeting these residency requirements is crucial, regardless of where the marriage ceremony occurred.

Once you meet the residency requirements, you’re eligible to file for divorce in California. When you file forms with the court, you’ll need to pay a fee, which costs between $400 and $500. As long as you can pay, you meet the criteria for filing for divorce in California. 

What’s the process for filing for divorce in California?

Once residency requirements are fulfilled, the process of divorce in California follows the same legal procedures, whether the marriage took place in Las Vegas, New York, or even abroad. 

This includes filing a petition for dissolution of marriage with the appropriate California court, serving the petition to your spouse, and navigating issues such as division of property, child custody, and spousal support according to California’s laws.

However, while the process may seem straightforward, complexities can arise, especially in cases involving interstate or international marriages. Differences in state laws regarding property division, alimony, and child custody can significantly impact divorce proceedings.

Discuss your divorce proceedings with an LPEP expert

For couples married in Las Vegas but seeking a divorce in California, it’s crucial to consult with a qualified family law attorney well-versed in both California’s divorce laws and the intricacies of interstate marriages. Seeking legal advice early in the process can help alleviate stress and ensure a smoother transition out of the marriage, regardless of where it began.

If there are disputes regarding jurisdiction or conflicts between state laws, seeking legal counsel becomes even more imperative. A knowledgeable attorney can help navigate these complexities and work towards a favorable resolution that protects your interests.

At Lonich Patton Ehrlich Policastri, we can help you with everything from divorce planning to litigation. Our highly experienced family law experts and divorce attorneys can guide you through the legal process of divorce in California, ensuring that your rights are protected and that the divorce is handled efficiently and effectively.

Contact LPEP today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

The Impact of Divorce on Children: Understanding and Mitigating the Effects

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Divorce can be difficult on all parties concerned. When children are involved, it’s especially important to consider their well-being and take steps to mitigate the effects of the divorce on them. Of course, the impact of divorce on children can vary case by case, but the following are some common responses and issues you might face as well as strategies for supporting your children through them.

Emotional Sensitivity

Change is difficult for everyone, but children in particular may experience a range of emotions in response to changes in the family dynamic. Some amount of sadness is to be expected, but anger, anxiety, guilt, and confusion are also common emotional responses. 

Changes in Behavior

Depending on the age of the children and the circumstances of the divorce, children may exhibit new behavior like withdrawing, becoming defiant, or struggling academically. Some of the behavior may be a way for them to express their emotions or ask for attention.

Parentification

One specific behavior that children in divorce sometimes develop is taking on roles or responsibilities usually associated with adults, or parentification. They might feel as if they should take care of their parents financially, emotionally, physically, or in other ways, and may act accordingly.

Financial Strain

Especially in the early stages of divorce, finances can be an issue while the parents work through splitting up assets and deciding on child support, custody, and spousal support issues. Changes in living standards and housing might be difficult for the child, and decreased finances might limit extracurricular activities, vacations, and other luxuries.

Strategies to Support Children Affected by Divorce

Understanding some of the ways divorce might affect your children is the first step toward developing strategies to support them and mitigate negative effects. The following are a few strategies to consider:

  • Keep the communication lines open – Be as honest and transparent as you can and allow your children to do the same. Try to have age-appropriate conversations about what is happening, and always reassure them that they are safe and loved.

  • Do your best to focus on their practical needs – Prioritize meeting your child’s basic needs (e.g., housing, clothing, access to education and healthcare) and supporting them emotionally by listening. This supportive and nurturing environment will reduce their anxiety.

  • Establish and maintain routines and strive for stability – During a time of transition and change, consistency and predictability will help your child feel secure. Try to set a regular schedule for meals, bed times, homework, and activities so your child knows what to expect and when. 

  • Approach co-parenting positively – Work together with your former spouse to co-parent amicably, putting the best interests of your children first. Try to keep your interactions with your co-parent civil, and never involve your child in your own conflicts with your former partner.

  • Model healthy self-care – Children learn best by example. When you seek out healthy ways to get the emotional support you need, such as starting a new hobby, developing a community, practicing mindfulness techniques, or attending therapy or counseling, they will know it’s ok to seek help and support when they need it.

Don’t go Through Divorce Alone

If you are considering divorce, you need a supportive team on your side. The family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) can help you and your family navigate this emotional time. Call us at (408) 553-0801 to schedule a free, 30-minute consultation to discuss your case. We can help.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Maximizing Your Chances in Complex Family Law Cases: The Expertise of a Board-Certified Specialist

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Family law deals with sensitive issues such as divorce, child custody, or spousal support. Navigating the legal complexities of these issues during an emotional time can be challenging. Board-certified family law specialists bring a unique set of skills and expertise that can significantly enhance your chances of a favorable outcome. 

Let’s examine how these legal experts can help you with your complex family law case.

Understanding Board Certification in Family Law

To receive board certification in family law, attorneys must undergo a rigorous process overseen by the State Bar of California Board of Legal Specialization (CBLS). To achieve this certification, attorneys must demonstrate a high degree of experience, competence, and knowledge in family law. The CBLS requires the following:

  • Passage of a written exam
  • Having practiced law for a minimum of five years, with at least 25 percent of the time devoted to family law practice.
  • Continuing education in family law beyond that required of general licensees of the California State Bar.
  • A demonstration of broad-based and comprehensive experience in family law by completing a variety of matters pertaining to the family law area.
  • Favorable peer reviews by other attorneys and judges in family law

While there are plenty of family law attorneys in California, due to the stringent requirements, not many of them are board-certified.

The Benefits of Having a Board-Certified Specialist in Family Law

Having a board-certified specialist assist you with your family law case benefits you in the following ways:

Expert Knowledge

A board-certified specialist has a deep understanding of the nuances of California family law. They are well-versed in the specific rules and court procedures, which can provide a significant advantage in complex cases.

Experience

Whether it’s a high-asset divorce, contentious custody battle, domestic violence, or complicated property division, board-certified attorneys have the expertise to navigate these issues effectively.

Strategic Guidance

Board-certified family law specialists can develop effective strategies for your specific circumstances. They know how to apply their knowledge of the law to your advantage, whether in negotiations, mediation, or litigation.

Professional Recognition

To achieve board certification means the State Bar of California recognizes the attorney’s superior skills and ethical standards. You can be assured you are getting an attorney highly regarded by their peers.

By hiring a board-certified family law specialist, you can have the peace of mind of knowing that your case is in the hands of a professional with the skills and knowledge to handle it effectively.

Speak With a Board Certified Family Law Specialist at LPEP Law

Family law matters are often emotionally charged and legally complex. Working with one of our board-certified specialists at Lonich Patton Ehrlich Policastri can maximize your chances of achieving a favorable outcome. We have worked with families on complex family law issues for over two decades. Our knowledge, experience, and assurance of quality make us invaluable allies in California’s family courts. Whatever family law issue you are facing, our attorneys can help.

Contact us for a free consultation by calling (408) 553-0801 to talk to a board-certified family law specialist who can provide the expertise and guidance you need.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Digital Divorce: The Role of Social Media in Family Law Cases

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In the age of technology, the impact of social media on almost every aspect of our lives is undeniable, and one area where its influence is increasingly significant is in family law. But how does our social media presence actually affect family law cases?

From the use of digital evidence in custody battles to the implications of online behavior on spousal support and property division, it’s becoming more and more important to understand how social media can impact your case. Join us as we explore the nuances, challenges, and consequences of social media in contemporary family law.

The Role of Social Media in Family Law Cases in California

In divorce proceedings, social media platforms often become a digital battleground where evidence is gathered and scrutinized. Courts in California increasingly consider digital footprints when making determinations related to child custody, spousal support, and property division. 

In child custody cases, California courts may consider online behavior and communications as crucial factors when determining the best interests of the child. Parents vying for custody often find their social media profiles under scrutiny, as posts, photos, and interactions can offer insights into their lifestyle, values, and ability to provide a stable environment.

The Types of Social Posts that may Impact Family Law Cases

Several types of social media posts hold particular relevance and may impact legal proceedings, including: 

  • Financial status: Posts revealing extravagant purchases, luxurious vacations, or business ventures can impact spousal support and property division determinations. Such posts may contradict claims of financial hardship or show undisclosed assets.
  • New relationships: Posts disclosing new romantic relationships or cohabitation arrangements before your divorce proceedings are finalized may show evidence of infidelity, which could impact child custody, alimony, and property division. 
  • Substance abuse: Posts involving substance abuse, reckless behavior, or inappropriate conduct may affect issues such as child custody, visitation rights, and spousal support.

Overall, the types of social media posts that may impact family law cases encompass a wide range of content, from parenting practices and financial status to behavior and communication patterns.

How to Protect Yourself Online During a Family Law Case

You don’t need to completely erase your online presence, but protecting yourself on social media during family law proceedings is crucial to prevent potential complications that may impact the outcomes of your case. You may like to: 

  • Think twice before posting: Avoid sharing sensitive information about your case, emotions, or personal life. Refrain from making disparaging remarks about your ex-spouse or engaging in online interactions.
  • Adjust privacy settings: Limit the audience for your posts and ensure that only those you trust have access to your personal information. Regularly update these settings to maintain control over your online presence.
  • Don’t use social media to vent: Avoid discussing your case on social media. Conversations about legal strategies, negotiations, or court proceedings should be reserved for private and confidential discussions with your attorney.
  • Monitor tags and mentions: Keep a close eye on tags, mentions, and comments. Unwanted tags or comments from friends may disclose information about your activities or relationships that could impact your case.

It’s also a good idea to inform friends and family members about the importance of discretion on social media during your family law case. 

Talk to a Professional Family Law Attorney

At Lonich Patton Ehrlich Policastri, our family law attorneys can provide the right advice based on your specific situation. We’ll support you every step of the way and ensure your rights are protected throughout your case. 

Contact us today to schedule your free consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Adoption: A Comprehensive Guide for Prospective Parents

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Families come in all shapes and sizes. If you are planning to expand your family by becoming the parent of a child who is not biologically yours, you might be wondering how the adoption process works. This guide provides information about types of adoption, the steps you need to take, and where to get help. Adopting can be a complex and lengthy process, but having a better understanding of what’s involved can help you feel more prepared. 

Types of Adoption

The most common types of adoption include:

  • Private – Birth parents often choose and work directly with the adoptive parents. Adoption agencies can help facilitate private adoptions.
  • Foster care – Some families choose to adopt through the foster care system. Usually, parents will become temporary foster parents first and then pursue formal adoption later. Children in the foster care system might be older.
  • Stepparent, kinship, or relative – Stepparents or close relatives such as grandparents, adult siblings, or aunts and uncles can legally adopt and assume parental responsibilities for a child.
  • International – When you adopt a child from a different country, you must adhere to the adoption laws of the child’s country of origin as well as U.S. adoption laws. 

How the Adoption Process Works

While certain steps might be slightly different, depending on the type of adoption you pursue, in general, consider the following tips as you move forward.

  • Do some research – If you know families who have gone through the process, talk to them. Read books about adopting. Consider attending parenting classes. Get as much information as you can as early as you can.
  • Choose an adoption agency or professional facilitator – Although it might be tempting to pursue adoption more informally, it is in your best interests to work with an adoption agency, facilitator, or attorney to ensure that you understand your rights and the rights of the birth parents, as well as all relevant adopting laws. 
  • Explore financial assistance –  Adoption can be expensive, especially if international travel is involved. You can look into grants, loans, subsidies, the Federal Adoption Tax Credit, and even employer adoption benefits. Many prospective adoptive parents hold fundraisers (e.g., selling homemade goods with proceeds benefiting the adoption fund) to help them get started.
  • Participate in a home study – Your chosen adoption agency or facilitator will conduct a thorough investigation of your family home and lifestyle to ensure you are a good fit for a child. Background checks, home visits, financial assessments, and personal interviews may all be part of this lengthy process.

Once the above steps are complete, you will be matched with a child or a pregnant mother. The child will then be placed in your home, either in a foster-type relationship, or a more permanent pre-adoptive status. Periodically, a social worker will visit to monitor the transition for both you and the child. If all goes well, your adoption case will work through the family court system until it is finalized.

Talk to a Family Law Expert

The experienced family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) are well-equipped to guide you through the complex process of adoption. When it comes to drafting, reviewing, and filing legal documents; ensuring you understand the adoption laws in your state (or another country, in the case of international adoption); and representing you in family court (especially in contested adoptions), it helps to have a team on your side. Call us at 408-553-0801 for a free 30-minute consultation to discuss your case. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

What Rights Do Unwed Parents Have?

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According to recent statistics, the percentage of births to unmarried women in the United States is currently around 41 percent. Given this rise in nontraditional families, it’s important to understand what each parent’s legal rights and responsibilities are when it comes to issues like custody and visitation, child support, making decisions on the child’s behalf, and inheritance rights. The following is an overview of how the law views the rights of unwed parents.

Child Custody and Visitation

When a child is born out of wedlock, the mother automatically gets custody. If the mother does not wish the alleged father to see the child, he does not have any legal rights to visit or be part of the child’s life until his paternity has been proven. However, if the father can establish paternity, he has equal rights when developing a joint custody plan, visitation rights, fighting for sole custody, and making important decisions about the child’s housing, school, healthcare, etc.

Child Support

In the same way that a reputed father does not have legal rights to custody and visitation without proven paternity, he also does not have the legal responsibility to provide child support. If the couple never married, the mother must prove the biological paternity of the alleged father, either through admission (where both parents agree) or testing, in order to be legally awarded child support payments, which help cover various costs for the child like food, clothing, medical costs, school supplies, housing, etc. Paternity must be legally established in order for the child to be included under the father’s healthcare insurance coverage as well.

Inheritance Rights

Although inheritance laws vary across the country, in general, a child is only eligible to receive an inheritance if the child’s parentage has been legally established. It is usually in the child’s best interests to go through the process of establishing paternity before this becomes an issue.

How to Establish Paternity

There are a few avenues you can take if you need to establish paternity. 

Voluntary Declaration of Paternity

The unmarried parents of a child can sign a form when the child is born that designates both signees as the legal parents. Forms are available from child support agencies (more on that below), a family law attorney (like the group at Lonich Patton Ehrlich Policastri, or LPEP Law), a welfare office, or the registrar of births. Official voluntary declarations of paternity hold the same weight as a court-ordered form.

The Family Court System

In cases where paternity is disputed, some unwed parents choose to go through the court system. The child’s mother, father, their representatives, a custody agency, or other family members can file the various forms necessary to request to establish paternity. Once the forms are filed, a judge will hold a trial to help decide issues of child support and custody and visitation rights. Since this process can be somewhat complicated, it’s best to work with an experienced attorney. 

Child Support Agency

Every state has what is known as child support agencies that provide services at the county and regional level for families who might not have the money to pursue a court case. Either the mother or the father can request action. If genetic testing is required to prove paternity, the child support agency will help in this process free of charge.

Talk to LPEP’s Family Law Experts Today

When establishing paternity is essential to protecting your child or your rights, it helps to have a team on your side. LPEP Law specializes in family law, including paternity cases. We can guide you through the process and make sure you get the help you need. Call us today at 408-553-0801 to schedule a free, 30-minute consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

How Does a No-Fault Divorce Work?

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Divorce, a legal journey that often accompanies emotional upheaval, has evolved significantly over the years. The emergence of “no-fault divorce” has reshaped the landscape of separation proceedings in recent years. 

In this article, we’ll explain how no-fault divorce works. From its fundamental principles to the practical steps involved, understanding the nuances of no-fault divorce can help to streamline the often complex and emotionally charged arena of separation.

Understanding No-Fault Divorce

Unlike its fault-based predecessor, no-fault divorce doesn’t assign blame or wrongdoing, instead focusing on the dissolution of a marriage due to irreconcilable differences. No-fault divorce removes the requirement of assigning blame to one party. 

Neither spouse needs to prove misconduct, infidelity, or other grounds typically associated with fault-based divorce. Instead, the focus remains on acknowledging that the marriage has broken down beyond repair, making reconciliation unfeasible.

Advantages of No-Fault Divorce

There are a few key advantages of no-fault divorce, including:

Reduced Conflict and Emotional Strain

By eliminating the need to assign blame, this approach often leads to reduced hostility and emotional strain during the divorce process. Couples can focus on practicalities rather than engaging in contentious battles over fault, making negotiations more amicable.

Faster Resolution and Cost Efficiency

No-fault divorce tends to speed up legal proceedings. Without the requirement to prove fault or misconduct, the process becomes more straightforward and less time-consuming. This often leads to quicker resolutions, saving both time and legal expenses for both parties.

Emphasis on Privacy and Dignity

By circumventing the need to air private grievances or personal shortcomings in a public legal setting, no-fault divorce preserves the privacy and dignity of both spouses. It allows them to navigate the end of their marriage with a degree of confidentiality.

Cooperative Co-Parenting Opportunities

In cases involving children, no-fault divorce can facilitate a more cooperative co-parenting dynamic. By reducing conflict and animosity, parents can often maintain a healthier relationship post-divorce, benefiting the well-being of their children.

Process of Filing for No-Fault Divorce

While it may differ depending on your state’s laws, here’s an overview of the process of filing for no-fault divorce.

Eligibility Criteria

To initiate a no-fault divorce, couples must meet specific eligibility criteria, which may include residency requirements and a mandatory separation period. While these criteria vary by state, most jurisdictions offer the option of a no-fault divorce.

Initiating the Divorce Process

The process commences with one spouse filing a petition for divorce. The petitioner may cite irreconcilable differences as the grounds for divorce. Both parties are required to complete and submit documentation, including a marital settlement agreement outlining terms for property division, child custody, and support arrangements.

Negotiation and Settlement

Following the filing, the divorce typically moves into a negotiation or mediation phase. Both spouses, often with the assistance of legal counsel, work towards a settlement agreement. This stage involves discussions on asset division, spousal support, and child custody arrangements.

Court Approval and Finalization

Once an agreement is reached, the court reviews and approves the settlement. If satisfied, the court issues a final decree, officially ending the marriage. The terms outlined in the settlement agreement become legally binding for both parties.

Consult the Experts at Lonich Patton Ehrlich Policastri

At Lonich Patton Ehrlich Policastri, our experienced divorce attorneys can help you navigate the complexities of a no-fault divorce, offering comprehensive support throughout the divorce process. 

Contact us today to schedule a free 30-minute consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

 

 

 

Can California Parents Who Don’t Affirm a Child’s ‘Gender Identity’ Lose Custody Disputes?

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Amidst heated debate, California’s recent legislation, AB-957, has sparked controversy and concerns regarding parental rights and custody disputes involving a child’s gender identity. The bill, touted by some as groundbreaking, has raised fears that parents unsupportive of their child’s gender identity might risk losing custody. 

Let’s delve into the nuances of AB-957 and unravel whether non-affirming parents truly face the threat of losing custody over disagreements about their child’s gender identity.

Is Gender Affirmation a Factor in Custody Disputes?

In California, the question of whether a parent’s affirmation of a child’s gender identity holds weight in custody disputes has become a focal point. AB-957 introduces the consideration of a parent’s support for their child’s gender identity as one among several factors in custody determinations. 

Legal experts emphasize that while the bill states the importance of acknowledging a child’s gender identity, it does not mandate a specific outcome solely based on a parent’s stance. Instead, it directs courts to factor in this element alongside numerous other considerations, such as the child’s safety, parental relationships, and history of abuse. 

Thus, while affirming a child’s gender identity is noted as significant, it does not serve as a decisive factor in custody determinations.

What is California’s New Law on Gender Identity and Child Custody?

In essence, AB-957 does not mandate a particular custody outcome solely based on a parent’s stance towards their child’s gender identity. Rather, it expands the factors that courts consider when determining the best interests of the child during custody disputes. 

By including a parent’s support or lack thereof for a child’s gender identity as part of a comprehensive assessment, the law aims to ensure a more holistic evaluation of the child’s well-being.

The bill does not establish rigid guidelines or automatic outcomes in custody cases. Instead, it advises judges to weigh this factor among many others, such as the child’s safety, relationships with parents, and any history of abuse, in determining custody arrangements.

What Does This Mean for Californian Parents?

This new law does not strip parental rights or impose a blanket requirement for gender affirmation. Rather, it seeks to better address the complexities of gender identity within child custody, aiming to prioritize the best interests and well-being of the child in these legal proceedings.

For Californian parents, this new legislation underscores the importance of understanding the evolving landscape of family law, particularly in cases involving a child’s gender identity. The law prompts courts to consider a wider range of factors, including a parent’s support or lack thereof for a child’s gender identity, in determining what serves the child’s best interests.

Judges will continue to assess custody cases comprehensively, considering various aspects like the child’s safety, relationships with parents, and the overall well-being of the child.

Seek Expert Legal Counsel from LPEP

For Californian parents, understanding the nuanced nature of this legislation is crucial. Seeking legal counsel and staying informed about the actual implications of this law can be instrumental in navigating custody disputes in a way that safeguards both parental rights and the child’s welfare.

At Lonich Patton Ehrlich Policastri, our experienced child custody attorneys are well-versed in intricate child custody matters. You can trust us to listen to your needs and fight for the best possible outcome for you and your family. 

Contact LPEP today for a free consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

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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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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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