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5 FAQs About the Divorce Process

June 1, 2023/in Family Law /by Gina Policastri

Divorce is a difficult and complex process, but it doesn’t have to be intimidating. From filing paperwork to understanding legal terminology, there are many steps involved in the divorce process that you should become familiar with to understand your rights and make informed decisions about your future. 

In this blog post, we will answer some of the most commonly asked questions regarding the divorce process- from how long it takes until everything is finalized to what costs might be associated along the way- so that you have a clear understanding before starting this journey.

1. How Long Does a Divorce Take?

The time it takes to get divorced depends on the complexity of the case and how long it takes for both parties to reach an agreement.

If both parties can reach an agreement without going to court, the process may be completed more quickly than if there are disagreements that need to be resolved by a judge. In some cases, couples may complete their divorce within a few months if they can agree on all issues without going through litigation.

2. How Much Does a Divorce Cost?

The cost of a divorce varies depending on several factors, such as possible complications and whether there are disputes over property or child custody.

In most cases, couples who file for divorce in California must pay a filing fee of between $435-$450 to the Superior Court in their county. Other legal costs may be incurred along with the filing fee, such as attorney’s fees, court reporter fees, service fees, and more.

If disputes need to be resolved, such as disagreements over child custody or division of assets, then additional costs can quickly add up. Couples may also have to pay for mediation sessions and counseling sessions. 

3. Can Divorce Proceedings be Stopped?

Yes. If one party filed for divorce and the other party never responded, the process can be stopped without the other spouse needing to sign anything.

However, if they did file a response to the divorce petition, they must sign paperwork stating that they agree with the dismissal.

It’s important to note that after the case is dismissed, the process starts from the beginning if either party initiates files for divorce again.

4. When Is The Divorce Final?

In California, you must wait at least six months after filing for divorce before it is finalized. This waiting period is known as the “cooling off” period and gives both parties time to agree on issues such as child custody, division of assets, and alimony payments. During this time, couples may also choose to attend mediation or counseling sessions to resolve any disputes.

5. How Do I Start the Divorce Process?

To start the divorce process in California, you must first meet the residency requirements. You or your spouse must have been a resident of the state for at least six months prior to filing for divorce. Additionally, you will need to file a petition for dissolution of marriage with the court. 

After filing the petition, several steps must be taken. These include serving your spouse with the paperwork, attending any required hearings or mediation sessions, and finalizing all financial matters, such as the division of assets and debts. If children are involved, an additional step is required to address child support payments and custody arrangements. 

If you are considering a divorce, it is best to consult an experienced family law attorney who can guide you and ensure all legal requirements are met. Our attorneys at Lonich Patton Ehrlich Policastri represent people throughout San Jose and the greater Bay Area. We understand that this may be a difficult time, so we will be there with you through each step of the process. Contact us for a free 30-minute consultation by calling 408-553-0801.

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

https://www.lpeplaw.com/wp-content/uploads/2023/06/bigstock-Unhappy-Divorce-Couple-Having-395642468.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2023-06-01 20:57:032023-06-01 20:59:405 FAQs About the Divorce Process

How to Set Up a Trust

May 30, 2023/in Family Law /by Michael Lonich

A trust is a legal arrangement that grants a third party the power to manage your assets on behalf of the beneficiary—the person who will receive the assets. The main objective of a trust is to protect and eventually transfer assets from a grantor to an inheritor. 

To set up a trust, first decide on what assets you want to distribute. Common assets protected by trusts include real estate properties, bank accounts, and other investment assets. Choose who will be the beneficiary, and determine the conditions of your trust. 

When arranging your trust, you can identify more than one beneficiary if you have multiple inheritors. You’ll then need to find a trustee, typically an unbiased third party, to manage the trust. The final step will be to draft your trust document with an attorney. 

What are the Benefits of a Trust?

Trusts are a flexible way to preserve your assets and customize how your wealth is distributed. The main advantage of creating a trust is maintaining control of how your assets are distributed. You’ll be able to specify the precise terms of the trust and decide when the assets will be available to the beneficiaries. 

By setting up a trust, you can avoid probate—the judicial process in which a court reviews the assets of the deceased and determines inheritors. The trustee will follow the specific terms of the trust and distribute the assets without court involvement. There’s also a possibility of saving money that would’ve been spent on court fees and taxes. 

Other benefits of setting up a trust include:

  • Creating flexible terms
  • Protecting your assets
  • Maintaining privacy
  • Minimizing estate taxes

Types of Trusts

There are two main types of trust: revocable and irrevocable. Revocable trusts can be altered at any time during the grantor’s lifetime as long as they are competent. These types of trusts can be modified or even canceled until the grantor’s death, at which point the trust becomes irrevocable. 

On the other hand, irrevocable trusts can’t be changed once the papers are signed. If a modification is requested, all of the beneficiaries must be in agreement, and any changes to the terms will need to go through a lengthy court approval process. 

Although they are more permanent, irrevocable trusts can help minimize estate taxes. When you transfer the ownership of your assets through an irrevocable trust, you may be able to protect them from estate tax. If the value of your estate is at or above the federal tax exemption requirements and you’re confident about the terms of the trust, then an irrevocable trust could be a beneficial option.  

At Lonich Patton Ehrlich Policastri, we have decades of experience with family law and estate planning. Having assisted families in San Jose and the greater Bay Area, we can help you determine which type of trust will work best for your situation. Contact us for a free 30-minute consultation at 408-553-0801, and one of our attorneys will guide you through how to set up a trust. 

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

https://www.lpeplaw.com/wp-content/uploads/2023/05/bigstock-Irrevocable-Trust-Two-Wooden-B-473250929.jpg 600 900 Michael Lonich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Michael Lonich2023-05-30 16:58:192023-05-30 16:58:19How to Set Up a Trust

How to Start a Legal Separation

May 18, 2023/in Family Law /by Mitchell Ehrlich

Marriage is a legal, long-term partnership between two people who love each other and share their lives. Unfortunately, marriage might not always be the happy ending you imagined. Sometimes spouses realize that they want to live independently of each other, but there are compelling reasons to avoid divorce. A legal separation agreement might be an option in these cases.

What is Legal Separation?

As with divorce, legal separation is legally binding. Spouses live separately and maintain independent personal lives, but remain eligible to receive the financial and insurance benefits of a married couple because the legal ties of marriage remain intact. Both spouses sign a legal separation agreement that sets out the details of important issues like:

  • Division of property and debt
  • Child custody and visitation rights
  • Child and spousal support
  • Business ownership interests
  • Legal fees

When to Choose Legal Separation

If you are considering divorce, when might you pursue legal separation instead? There are several situations or reasons that lead couples to choose legal separation, including:

  • Residency requirements – California requires that at least one of the spouses be a resident of the state for 6 months and in the United States for at least 3 months before divorcing. Legal separation requires only one spouse to live in California with no time requirement.
  • Personal beliefs – Some people or families are personally opposed to divorce, so alternative options are preferable.  
  • Religious beliefs – Many religions view marriage as sacred, so divorce is discouraged.
  • No waiting period – In divorce, couples must wait 6 months from the time divorce papers were first served. Legal separation has no waiting period.
  • Insurance benefits – If one spouse is covered on the other spouse’s health care plan, they can continue to receive benefits.
  • Convenience – Legal separation can sometimes be simpler, quicker, and more cost effective than divorce.

Starting the Process of Legal Separation

Once you’ve decided on legal separation, what steps should you take? 

  • File a petition for legal separation. This court document is a legal document that begins the process in family court. You will pay a filing fee and serve the petition to your spouse, similar to divorce papers.
  • Develop a separation agreement. You and your spouse should make decisions and outline the responsibilities of each party with regard to assets, debts, living expenses, custody and visitation of children, living arrangements, etc. Although this process can be done informally or through a mediator, it’s usually a good idea to get legal advice, especially if communication with your spouse is poor. If you cannot come to an agreement, the judge will step in and make decisions for you.
  • Accept the family court’s final judgment of legal separation.

It’s important to remember that just living separately is not the same as legal separation.

Helping Spouses Establish Legal Separation

Because the legal separation agreement sometimes serves as the basis for a later divorce settlement, it’s vital to develop this document carefully. An experienced lawyer can help you consider the future impact of both your personal and financial decisions. 

The family law attorneys at Lonich Patton Ehrlich Policastri have a great deal of experience with clients who choose legal separation whether because of religious, financial, or business considerations. Contact us today at 408-553-0801 for a free, 30-minute consultation to discuss your goals and options. We can walk you through the process and make sure your best interests are protected.

 

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

 

https://www.lpeplaw.com/wp-content/uploads/2023/05/bigstock-Disappointed-African-American-411399262.jpg 600 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2023-05-18 19:05:552023-05-18 19:07:26How to Start a Legal Separation

5 Tips for Navigating Child Custody

May 11, 2023/in Family Law /by Virginia Lively

Separation and divorce are difficult, emotionally wrenching situations. When your children are involved, it can become even more stressful. You want the best for your children, and you also want to be as involved in their lives as possible. The following tips can help with navigating child custody issues with your co-parent.

1. Educate yourself about the child custody process and your rights

It’s important to have access to reliable information about child custody and parental rights in California. To help you make sense of this complex issue, the attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) offer a free download entitled, “Child Custody Myths vs. Facts.” Some of the most helpful information includes: 

  • How child support works in joint custody situations
  • How your child’s preference affects a court’s custody decisions
  • Your rights if your co-parent is alienating your child’s affection toward you
  • How to obtain delinquent child support payments

2. Make a good case for yourself

When determining custody issues, a judge will consider specific criteria with regard to the children’s living environment. It’s a good idea to be proactive and present yourself in the best light possible.

  • Make sure your home is safe, clean, and comfortable.
  • Be ready to demonstrate your ability to care for your children’s basic needs – food, shelter, clothing, transportation, and school supplies.
  • Keep yourself healthy both physically and mentally.
  • Maintain a good working relationship with your co-parent.
  • Stay involved in your children’s activities and education.

3. Stay organized and document as much as possible 

Depending on your relationship with your co-parent, you may be required to prove that you are dependable, responsible, and able to care for your children well. Keeping detailed notes about the visitation schedule you have established, your children’s calendar (e.g., doctor’s appointments, school events, holidays, etc.) and child support payments will help demonstrate in court that you are a capable and involved parent.

Although the involvement of both parents is usually preferable, if your former spouse is abusive in any way, puts your children at-risk in an unsafe environment, or does not have appropriate living arrangements to host your children, it’s vital to document any of those negative situations and present them in court.

4. Maintain positive communication

Do your best to keep all communication with your ex-partner, especially written communication like emails and texts, as civil as possible. Fighting with your former spouse in public or in front of your children is clearly not in your children’s best interests and can make an already tense situation worse. Even if you feel that they are being unreasonable, it’s important to stay constructive and polite on your end. If your child custody negotiations become contentious, your former spouse will not be able to use your words and actions against you. 

5. Hire an experienced family law attorney

Nothing is more important than being in your child’s life. Working out child custody and parental visitation issues can be daunting, especially when emotions are high. The experienced and compassionate family law attorneys at Lonich Patton Ehrlich Policastri understand the importance of family and can walk with you through the stresses of child custody litigation. Having experts on your side can help protect your parental rights and work toward the best possible outcome for your family. 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.

https://www.lpeplaw.com/wp-content/uploads/2023/05/bigstock-African-Young-Man-Typing-On-Ke-456006907.jpg 600 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-05-11 18:55:532023-05-11 18:55:535 Tips for Navigating Child Custody

How to Support Your Children During Divorce

April 27, 2023/in Family Law /by Gretchen Boger

Divorce is a difficult experience for any couple, especially one with children. Even if divorce is the best path forward for you and your partner, it can be a very challenging experience for children to navigate. It’s important to support your children throughout the process, but how do you do that? Let’s discuss how to best support your child during divorce. 

How do children react to divorce?

Children react differently to divorce depending on their age, personality, and specific family circumstances. Some children feel very guilty and blame themselves, while others may start acting out and experiencing difficulties at school. 

Younger children tend to not understand the situation and often experience confusion and sadness. Older children often experience worry and guilt, while teenagers may become angry, withdrawn, and not want to talk about the situation. 

It’s important to support your child, regardless of how they react. Here are some simple steps you can take to help your children navigate this complicated time in their young lives. 

Tips for supporting your child during a divorce

  • Communicate honestly: Divorce is very confusing for kids. It’s important to communicate openly and honestly with your children. Explain the situation to them as clearly and accurately as you can, and encourage their questions. 
  • Create a stable environment: Stability, consistency, and routines are important for all children, especially during a major life event like a divorce. Do your best to maintain their original routine and keep their surroundings familiar. 
  • Offer reassurance: Reassure your child that both you and their other parent love them. Make sure you communicate that your love for your child is entirely separate from your divorce. You may feel this goes without saying, but kids often need to hear it. 
  • Encourage time spent with the other parent: Don’t put your child in a position where they feel like they can’t spend time with their other parent. Support their contact, whether it’s visiting in person, a phone call, or whatever works best. 
  • Inform teachers if necessary: If you have school-age children, consider discussing the situation with their teachers. This helps the teacher look out for and support your child as they navigate this situation. 
  • Lead by example: Whatever feelings you may harbor towards your ex, refrain from sharing these thoughts with your child. Set a good example and vent your frustrations elsewhere.
  • Consider counseling: Counselors and therapists with experience in divorce are amazing resources. Don’t be afraid to reach out to seek help for your child – a counselor can provide strategies for navigating this situation with your kids. 

Contact us to discuss the complexities of divorce

At Lonich Patton Ehrlich Policastri, we take care of the legal side of divorce proceedings, leaving you with more time for what’s really important. With more than 100 years of combined litigation experience, you can trust our team of divorce litigation specialists to negotiate on your behalf and ensure you receive what you are entitled to during divorce proceedings. 

Questions? Discuss your situation with a divorce litigation expert by calling 408-553-0801 or setting up a free consultation today.

 

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

https://www.lpeplaw.com/wp-content/uploads/2023/04/bigstock-Caring-Father-Caucasian-Man-Da-463309609.jpg 506 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2023-04-27 17:30:082023-05-11 18:22:21How to Support Your Children During Divorce

How to Manage a High-Asset Divorce

April 20, 2023/in Family Law /by Gina Policastri

Divorce is a difficult and emotionally draining experience, especially when high-value assets are involved. With family networks, businesses, investments, wealth management strategies, and other financial components at stake in the divorce proceedings, it’s important for divorced couples to consider all of their options before making any drastic decisions. 

Regardless if you choose to settle or engage in litigation, there are specific considerations that you must take into account to ensure the fair division of assets and liabilities for both parties involved. 

What is Considered a High-Asset Divorce?

A high-asset divorce involves significant assets of different types. This could include financial accounts, investments, real estate or other properties, business interests, and various personal possessions. Therefore, there are unique and complex issues when dissolving the marriage. They also typically involve other considerations, such as spousal support, child support, and tax liability issues.

As such, couples need to be aware of the special attention required for their situation so that everything is correctly managed and accounting for all assets can be as accurate as possible. Doing this ensures each party is fairly compensated according to their contributions toward the marriage. 

What Assets Are Not Included in the Divorce?

California is a community property state, meaning that any assets or property obtained during the marriage is considered legally owned by both spouses and must be divided equally in a divorce. This includes all real estate, bank accounts, investments, retirement benefits, and other assets accumulated during the marriage. It’s important to note that it also encompasses all debts the couple incurred.

However, certain assets are exempt. These include inheritances or gifts received during the marriage and property acquired by either spouse before marriage.

Furthermore, a business started before the couple married won’t be considered community property. However, if the other spouse contributed to the growth of the company, then it may be regarded as a marital asset.

How Do I Prepare For a High-Asset Divorce?

Preparing for a high-asset divorce may seem daunting, but there are steps you can take to ensure that the process is as smooth and stress-free as possible. You must have comprehensive documentation of all assets and related information, including saving records related to investments, stocks, bank accounts, real estate holdings, business interests, and any other item with possibly confusing ownership laws. Hiring a forensic accountant may help with this process.

High-Asset Divorce Mistakes

A divorce is stressful, and couples must pay extra attention to avoid costly mistakes. Most commonly, divorcing spouses make the mistake of not fully disclosing all of their financial holdings. Whether intentionally or unintentionally, this omission can lead to accusations of fraud.

Another mistake is underestimating the complexity of these types of divorces. It’s vital that you partner with an experienced lawyer. Our attorneys at Lonich Patton Ehrlich Policastri will work with you to develop a strategy that protects your interests. Contact us for a free consultation to review your options. We will work diligently to ensure you receive what you are entitled to.

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

https://www.lpeplaw.com/wp-content/uploads/2023/04/bigstock-Divorce-Procedure-Concept-Off-471734927.jpg 655 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2023-04-20 16:46:032023-04-20 16:46:03How to Manage a High-Asset Divorce

Child Custody After the Loss of a Guardian

April 13, 2023/in Family Law /by Virginia Lively
The loss of a custodial parent or guardian can have devastating effects on a child. During this
emotional and tumultuous time, loved ones and close family friends want to support the child
and provide as much stability as possible. But who ultimately gets custody after the loss of a
guardian?

If there is a surviving parent, California family law states that he or she is entitled to full custody
rights. However, there might be valid reasons that the surviving parent should not have full
custody, such as the parent:
  • Did not exercise prior visitation rights
  • Presents a danger to the child
  • Is unable to care and provide for the child
  • Is unwilling to bear responsibility for the child
  • Has a residence that presents an improper or inadequate living arrangement.

In cases where the non–custodial parent is unfit to be granted custody, another interested third
party, usually a close relative or family friend, can file a guardianship request in probate court.

Who can request guardianship?

Any adult who is able to properly raise a child can request to become the child’s legal guardian.
Usually, grandparents, close relatives, neighbors, other family members, family friends, or other
caring adults with a vested interest in the child’s life, such as teachers, are the ones who
request guardianship. The probate court determines whether the adult requesting guardianship
is fit to fulfill all the duties and responsibilities usually fulfilled by a parent.

It’s important to remember that even if the court determines that the surviving parent should not
have legal guardianship, he or she could still have visitation rights if continued contact is in the
child’s best interests. Similarly, the siblings, grandparents, and other family members of the
deceased parent might also receive visitation rights.

Becoming A Ward of the State

Unfortunately, in cases where the living parent cannot care for the child and no other interested
parties seek to become the child’s guardian, the court might choose to place the child in the
foster system as a ward of the state.

How to Protect Your Child’s Best Interests

Although it’s difficult to think about not being around to care for your child, it’s important to have
a plan in place to ensure that the right person of your choosing gets custody after your death. A
detailed
will and estate plan can give you peace of mind that your child’s rights and assets will
be protected and that your specific wishes will be followed with regard to custody. Appointing a
guardian that you trust is one of the most loving things you can do and could help relieve some
of the stress on those you leave behind during a very emotional time.

We Can Help You Safeguard Your Child’s Future

At Lonich Patton Ehrlich Policastri, we specialize in both family law and estate planning, so we
have years of experience in helping parents make sure their family’s futures are well protected.
Call us today at 408-553-0801 for a free consultation. We understand how important family is,
and we would love to speak with you about what you need to provide the best for yours.

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

 

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Can You Amend a Postnuptial Agreement?

March 2, 2023/in Family Law /by Gretchen Boger

Creating a postnuptial agreement after marriage is a great way to protect yourself and your assets in the event of a divorce. While thinking about divorce after saying “I do” isn’t top of mind for most couples, a postnup provides transparency and understanding in your marriage. So let’s say you have established a postnup, but now several years have passed and your situation has changed. Are you still bound and tied to the original postnup, or can you amend a postnuptial agreement to reflect current circumstances?

Can a postnuptial agreement be amended?

Yes. Like a prenup, a postnup can also be edited and amended after it has been created. Situations change, and life happens. Certain events that might make it necessary to update an existing postnuptial agreement include:

  • Having children
  • Purchasing new property
  • Starting up a new business
  • Receiving a large inheritance

Likewise, you can update your postnuptial agreement if you or your spouse has acquired a new debt and you want to make sure you have a legally binding agreement in place detailing who that responsibility will go to in the event of a divorce. Postnuptial agreements are tailored specifically to the needs of both spouses involved, and no two are alike. They are created and modified to reflect the unique circumstances and desires of each respective party. 

In order to make any amendments, both parties must agree on the changes being made. However, there are circumstances that would prohibit making any modifications to an existing postnup. These situations include if the couple is currently separated or seeking a divorce. Additionally, if the amendments being made would adversely affect any children involved, those changes would not be possible to make. The postnup, just like a prenup, can even be revoked if both parties mutually agree on getting rid of it.

How do you amend a postnuptial agreement?

The most important thing to do in order to make an amendment to your existing postnuptial agreement is to consult with a trusted attorney. Here at Lonich Patton Ehrlich Policastri, we have a team of dedicated attorneys with the expertise to navigate these matters. Since postnuptial agreements (and amendments made to them) can sometimes be difficult to enforce, it is imperative to have a skilled attorney guide you through the process in order to ensure that you have an enforceable document that will hold up in court and also satisfies the desires of both parties. We are one of the most prominent firms in the Bay Area and have the resources and experience to help guide you and your family. If you have questions about creating or amending a postnuptial agreement, give us a call today at 408-553-0801 or fill out our online form here for a free 30-minute consultation. 

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

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What is Spousal Abandonment?

February 23, 2023/in Family Law /by Mitchell Ehrlich

At its best, marriage is a permanent partnership between two people who love each other. In the eyes of the law, marriage is also a civil contract that requires a license, witnesses, and registration with the state. When either spouse decides to end the partnership, he or she usually files for divorce, and the family court system helps determine issues related to distribution of assets, spousal support, and custody.

However, sometimes a spouse chooses to leave the marital home, stop fulfilling reasonable responsibilities and duties to the family, and, in some cases, cease all contact instead of filing for divorce and ending the marital contract in family court. Known as spousal abandonment, this type of behavior can have devastating effects on a family.

Types of Spousal Abandonment

There are several types of spousal abandonment, including:

  • Criminal – withdrawing necessary financial support and refusing to provide for the care of a dependent spouse or minors without just cause
  • Constructive – creating a hostile or unbearable marital environment (g., through domestic abuse, infidelity, withholding assets, etc.), giving their spouse a justifiable reason to leave
  • Emotional – completely disregarding a spouse’s feelings or emotional needs

It’s important to note that simply moving out of a shared home does not necessarily qualify as spousal abandonment. As long as the spouse in question continues to provide financial and other support and does not sever all ties with the family, there is no case for marital abandonment.

Spousal Abandonment in California

Since California is a no-fault divorce state, the court system does not recognize spousal abandonment as grounds for divorce, so you would not need to provide evidence of abandonment. Instead, you would likely cite “irreconcilable differences” as your reason for filing, which allows you to move forward quickly with your divorce.

Although spousal abandonment will not affect the divorce filing, the California family court would most likely take it into consideration throughout the divorce process when considering custody, alimony, and property division.

How Spousal Abandonment Affects Divorce in California

When filing for divorce, California requires you to make a good faith effort to locate your spouse and serve divorce papers to inform them of your intent. If your spouse has abandoned you, however, the court might approve alternative means, such as publishing a notice in a newspaper, to serve a spouse who cannot be found.

During the divorce proceedings, a judge might consider spousal abandonment when determining:

  • Spousal support – your spouse may be required to pay you alimony as a result of their actions.
  • Division of marital estate – you may be eligible to receive a greater share of marital assets, and/or your spouse may be obligated to repay a more significant portion of shared marital debt.
  • Child custody and visitation rights – your spouse might receive only minimal visitation rights or may lose parental rights altogether and might be compelled to pay you a greater amount of child support.

We Will Fight For You

If you are the victim of spousal abandonment and considering divorce, it’s important to have someone on your side to help you navigate the California family court system, especially in this complicated situation. At Lonich Patton Ehrlich Policastri we have been helping clients protect their rights and best interests in divorce cases for decades. Please contact us at 408-553-0801 or fill out our online form here for a free, 30-minute consultation to discuss your case and your options. Let us fight on your behalf.

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

https://www.lpeplaw.com/wp-content/uploads/2023/02/bigstock-Angry-Young-Mother-Leaving-The-467824707.jpg 600 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2023-02-23 21:36:542023-03-21 23:47:51What is Spousal Abandonment?

Can Grandparents Sue for Visitation Rights?

February 16, 2023/in Family Law /by Gina Policastri

You can not overstate the importance of the grandparent-grandchild bond. While siblings, parents, and cousins may be a part of this essential tapestry, there is something uniquely special about grandparents and grandchildren coming together. Grandparents have their own brand of unconditional love that they impart to the youngest generations—one full of shared experience and advice; one loaded with history and tradition. Can Grandparents Sue for Visitation Rights?

Unfortunately, many grandparents are barred from forming healthy relationships due to a variety of factors. Thankfully, in the state of California, there is protection under the law for grandparent visitation rights, but some restrictions are still in place.

Here’s what you need to know if you’re considering suing for visitation rights in California.

An Established Bond with Grandparents

In California, grandparents must prove that they have a close and loving relationship with their grandchild in order to have the legal right to petition the courts for visitation rights. It is not enough to just prove that the grandparent was caring towards the child, as it must be shown that the two were formerly involved in a meaningful relationship and understand each other’s feelings.

Grandparents who can prove this stand a good chance of being granted visitation rights. Active involvement from both sides will help ensure the grandparent-grandchild relationship is worth preserving.

The Child’s Best Interest

When the court is making decisions concerning grandparent visitation rights, their priority is always the child’s best interests. This means they only grant these rights when they are confident that it won’t negatively affect the upbringing of the child. The court will balance the grandparents’ rights against the rights of the parent to make decisions regarding their children.

The Parents’ Marital Status

Typically, the grandparents can’t sue for visitation rights if the child’s parents are married. However, there are exceptions to this rule, such as:

  • The parents do not live together
  • The child doesn’t live with either parent
  • One parent is in prison
  • The whereabouts of a parent have been unknown for at least 30 days
  • One of the parents has joined a grandparent’s petition for visitation
  • A step-parent has adopted the child

Furthermore, a grandparent may petition for visitation if the parents are not married.

Are You Considering Petitioning the Court for Visitation?

A strong relationship between a grandparent and a grandchild is invaluable for both generations. However, navigating the laws surrounding grandparent visitation rights in California can be confusing and complicated. Generally, this requires filing appropriate forms and identifying various factors that establish why such rights would be beneficial to the children. Our attorneys at Lonich Patton Ehrlich Policastri can assist you with petitioning the court and establishing a case for grandparent visitation.

We have years of practicing family law in San Jose and the greater Bay Area and understand the importance of family bonds. Contact us for a free 30-minute consultation by filling out our online form here or calling us at 408-553-0801. We will review your case and help you protect your rights as a grandparent.

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

https://www.lpeplaw.com/wp-content/uploads/2023/02/bigstock-African-american-grandparents-418444456.jpg 600 900 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gina Policastri2023-02-16 17:54:532023-03-21 23:41:51Can Grandparents Sue for Visitation Rights?
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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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