No couple gets married expecting to divorce eventually. Unfortunately, there are many situations that might arise (e.g., infidelity, incompatibility, irreconcilable differences, etc.) when divorce becomes the best option. Untangling your joint finances is often one of the most complicated issues. So what happens to your assets in a divorce? 

You and your spouse must work together to agree on how to split up property. In this case, property includes (1) anything that can be bought or sold like real estate, household goods, jewelry, vehicles, etc., as well as (2) anything that has value like income, investment and retirement accounts, stocks, etc. If you had a prenuptial or postnuptial agreement in place, this process is usually faster and smoother, and the court will most likely follow the agreed-upon terms regarding division of assets.

In the absence of a pre- or postnuptial agreement, and if you and your spouse cannot agree, the court will decide these issues for you. Divorce laws vary from state to state but all states fall into one of two categories: 

• An equitable distribution state, where a judge splits all assets “fairly” according to each party’s earning potential, needs, and any personal property.
• A community property state, where the family court divides all community property evenly between the spouses.   

Division of Assets in California

California is a community property state, so it’s important to know what the state considers community property versus separate property. In general, community property is everything you own or owe together while married. For instance, if you bought a house together and paid the mortgage while married, both the house and any outstanding debt belong to both of you. 

Separate property, on the other hand, is anything you owned or owed before your marriage or after your separation, or any individual inheritance or gifts. Determining the official date of separation varies for different couples. Some consider the date of separation the day they moved out. Others might choose the date you told your spouse you wanted a divorce or filed for divorce, or the date you decided together to move forward with a divorce. Anything you earned, bought, or owe after the date of separation is separate property.

Each spouse is allowed to keep all separate property, but all community property will be split evenly between spouses. You will need a formal court order, but this process is easier if you and your spouse can develop a divorce agreement that outlines how you both want community assets distributed. If your divorce is contentious, or you simply cannot agree, the courts will decide how to divide your assets during a hearing or trial.

We Can Help Protect Your Interests 

At Lonich Patton Ehrlich Policastri (LPEP Law), our family law attorneys are experts in property division issues in California. We have years of experience in protecting our clients’ interests in cases of divorce. We work together with other professionals like property evaluators, accountants, forensic accountants, and business evaluators to ensure an accurate representation of all your assets, determine marital vs separate property, and assess the value of property, as well as discover any hidden family assets. Let LPEP make sure you get what you deserve. 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. 

In the realm of personal relationships and the institution of marriage, the concept of annulments stands as a significant but often misunderstood legal process. While divorce is a familiar term to many, annulments offer a distinct and alternative route for couples seeking to dissolve their marriages. Here, we’ll explain what an annulment is, how it’s different from a divorce, who may be eligible for an annulment, and how to file for an annulment in California. 

What is an annulment?

An annulment is a legal process that declares a marriage to be void, as if it never existed in the eyes of the law. Unlike divorce, which ends a valid marriage, an annulment essentially erases the marriage from the records, treating it as if it never happened. This legal remedy is available to couples who meet specific criteria that render their marriage legally invalid or voidable.

How does an annulment differ from a divorce?

The key distinction between divorce and annulment lies in their effects on marital status. Divorce acknowledges that a valid marriage once existed but is now dissolved, allowing both parties to be considered divorced individuals. On the other hand, annulments invalidate the marriage entirely, so the parties are legally treated as though they were never married.

Who is eligible for an annulment in California?

In the state of California, obtaining an annulment is a legal process available to couples who meet specific criteria that render their marriage void or voidable. It’s important to note that annulments are not granted automatically and require the party seeking the annulment to present evidence supporting one of the recognized grounds.

The following are some common grounds upon which a marriage may be annulled in California:

• Incestuous marriage: California law prohibits marriages between close blood relatives, such as siblings, or parents and children. If a marriage falls within the prohibited degree of relationship, it may be annulled.
• Bigamous or polygamous marriage: If one or both spouses were already legally married to someone else at the time of the marriage, the subsequent marriage is considered bigamous or polygamous and can be annulled.
• Underage marriage: California law sets a minimum age for marriage, and if one or both parties were underage at the time of marriage without proper parental or court consent, the marriage can be annulled.
• Unsound mind or incapacity: If one or both spouses lacked the mental capacity to understand the nature and obligations of marriage at the time of the wedding, the marriage may be voidable.
• Fraud or misrepresentation: An annulment may be granted if one party deceived the other into marriage through lies or misrepresentation about a significant matter, such as their identity, intentions, or important facts.
• Force or duress: If one spouse was forced or coerced into the marriage against their will, the marriage may be annulled.

There are time limits within which annulments must be sought after the marriage. Failure to meet the time limits may result in the loss of the right to seek an annulment on that ground.

How to get an annulment in California

At Lonich Patton Ehrlich Policastri, our experienced attorneys specialize in annulment. You can trust us to handle your annulment situation in a way that represents you and your interests. 

Contact LPEP today at 408-553-0801 or complete this form for a free, 30-minute consultation.

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

Divorce is a complex and emotionally charged process, often accompanied by legal battles and contentious disputes. However, in the state of California, there exists an alternative path to dissolution known as an “Uncontested Divorce.” 

So, what is an uncontested divorce, how does it differ from contested divorces, and why may it be a preferable option for couples seeking to end their marriage amicably? Whether you’re contemplating divorce or simply curious about the legal options available, this article will help you understand the fundamentals of uncontested divorce in California.

What are the requirements for uncontested divorce in California?

An uncontested divorce in California offers couples a streamlined and relatively straightforward process for ending their marriage when they are in mutual agreement on key issues. However, certain requirements must be met to qualify for this type of divorce:

• Residency requirement: At least one spouse must have been a resident of the state for at least six months before filing. The county where you file must also be the current county of residence for you or your spouse.
• Waiting period: California law imposes a mandatory waiting period of six months from the date the divorce petition is served to the other spouse before the divorce can be finalized. 
• Agreement on key issues: The hallmark of an uncontested divorce is the mutual agreement between spouses on essential matters such as property division, child custody and visitation, child support, and spousal support (alimony). 
• Financial disclosures: Both spouses are required to provide complete and accurate financial disclosures to each other, including information about income, assets, debts, and expenses. 
• Drafting legal documents: Spouses must prepare and submit the necessary legal documents to the court. These documents typically include the divorce petition, a marital settlement agreement, and a judgment of dissolution of marriage. 
• Child custody and support agreements: If there are minor children involved, both parents must create a comprehensive child custody and visitation plan that outlines how parental responsibilities will be shared. 
• Court appearance: While uncontested divorces typically do not involve contentious courtroom battles, couples may need to appear before a judge to finalize their divorce. 

Do you need a lawyer for an uncontested divorce in California?

In California, it is not a legal requirement to hire a lawyer for an uncontested divorce. Many couples choose to represent themselves in what is commonly referred to as a “pro se” divorce. 

However, couples opting for a pro se uncontested divorce should be prepared to navigate the legal system independently. This entails understanding the necessary paperwork, filing procedures, and court appearances. While it is possible to complete an uncontested divorce without an attorney, it’s important to consider the potential risks and drawbacks of doing so. 

Even in amicable divorces, legal complexities can arise, and without legal expertise, you may inadvertently overlook crucial details or fail to protect your rights adequately. Additionally, seeking legal advice can help ensure that the final divorce settlement adheres to California’s laws and regulations.

Contact LPEP for divorce litigation services 

Consulting with an experienced attorney, even on a limited basis, can provide valuable guidance and assurance that your rights and interests are safeguarded throughout the divorce proceedings. An attorney can also help you ensure that all legal requirements are met, based on the specific procedures for your county and individual case.

At Lonich Patton Ehrlich Policastri, our experienced divorce attorneys can help you protect your family, your assets, and your future. Contact us today for a free 30-minute consultation. 

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

As with most legal processes, divorce involves several steps, and it can be confusing to know what you need to do and in what order. You’ve taken the first step and filed divorce papers with the California family court. What happens now? The following is a brief outline of the process you will need to follow to get divorced in California.

Serve your divorce papers

Once you have filed divorce papers, you must ensure that your spouse is formally notified, which is known as “serving” divorce papers. Although it’s possible to serve papers by having them mailed to your spouse & your spouse acknowledging receipt formally (note that you cannot mail them yourself), this method can be unreliable. Most people choose to have a server (an adult who is not related to your case) deliver the papers to their spouse in person.

Your spouse must respond within 30 days. If your spouse chooses not to respond by the deadline, which is known as a default, you can move forward with the divorce without your spouse’s input.

Prepare your financial disclosures

You are legally required to share information about your finances (including all debts and assets as well as your salary and income) with your spouse in order to be granted a divorce. Although you do not file financial documents with the court, you do file a form acknowledging that you and your spouse have completed this step.

Come to an agreement

At this point, you and your spouse must make several decisions regarding a host of important issues: child custody and support, visitation rights and schedules, dividing the marital estate, spousal support, what happens to your home, who gets the pets, paying attorney fees, etc. There are a few different ways to arrive at an agreement during this process:

1. If your relationship is amicable, you can work together with your spouse in person, over the phone, over email, etc. Some couples find it helpful to work with a mediator.
2. If your spouse is in default and never responded to the initial divorce papers, you are free to make all the decisions on your own and notify the court in writing. The judge will still need to approve or deny your requests.
3. If you and your spouse cannot come to an agreement about some or all of your issues, you can ask the court for help. There will be a trial, and a judge will decide for you. 

You don’t have to do it alone. Consult with family law experts.

The California court system has published a self-help guide to give you a better idea of what to expect throughout the divorce process in California. However, working with professionals who have experience with the judicial system, like the family law attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) can make the entire process less stressful, especially if your divorce is complicated or contentious. 

Our attorneys have been helping clients navigate the life-changing and difficult issues related to divorce for decades. We will walk with you every step of the way. Contact us today at 408-553-0801 for a free, 30-minute consultation to discuss your situation. We’re ready to help.

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

If you are considering divorce, you and your spouse are facing several life-changing decisions about your shared home, child custody, and dividing up your assets and debts. Separating finances can be one of the most stressful parts of the divorce process. 

You might be worried about making ends meet on your own, especially if you have not been working. That’s where alimony comes in. Alimony, also known as spousal support, is the legal obligation of one spouse to make financial payments to support the other spouse for a period of time. Spousal support is not mandatory or automatic in California, so the family courts have a lot of discretion when deciding the amount of alimony to be paid, if any, and for how long. 

Types of Alimony

When deciding on spousal support, the California court system considers three types:

• Temporary – The higher-earning spouse will support the lower-earning spouse while the divorce case is ongoing. Temporary alimony helps the supported spouse become self-sufficient while transitioning from being married to being single and can last anywhere from 6 months to several years.
• Permanent – The higher-earning spouse will continue to make payments to the supported spouse indefinitely. 
• Lump-sum – Although alimony payments are usually made monthly, a spouse might choose to pay the entire alimony debt all at once instead. Choosing this option allows the supporting spouse to fulfill his or her obligations while at the same time eliminating the need for further interactions with their former spouse. 

When do you qualify to receive spousal support?

Even though alimony is not mandatory in California, if you can demonstrate to the court that you need the financial support, and your spouse is able to pay it, you have a good chance of a favorable outcome.

Every case is considered on its own merits, but there are several general factors the judge will take into account, including:

• Length of marriage
• Earning capacity of each spouse
• Standard of living during marriage
• Ability to pay spousal support
• Financial need
• Age and health of both spouses
• Other information the judge deems relevant

The following are some common situations that would likely result in at least temporary alimony while the supported spouse becomes self-sufficient:   

• One spouse relies on the other for income because of parental responsibilities, disability or health issues, adherence to traditional values, etc.
• If one spouse took time off from their education or career to help the other spouse achieve their goals or to take over parental responsibilities, they might be financially reliant on their spouse and need additional time to restart their career.  
• When couples own businesses together, and one spouse takes over ownership after the divorce. 

It’s important to remember that spousal support is based on financial need. Seeking alimony from a former spouse should never be about punishing him or her or unfairly enriching one spouse at the expense of the other.

An experienced attorney can help

Our family law attorneys at Lonich Polich Ehrlich Policastri have in-depth knowledge of the spousal support guidelines and practices in California family courts. We have decades of experience in helping our clients work through financial and other issues during a divorce. If you have any questions about alimony, please contact our office today at 408-553-0801 or complete this form 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.