• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
      • San Francisco
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
    • Family Law Mediation
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Family Law Terms
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu

What Happens to Your Mortgage After A Divorce?

July 20, 2023/in Family Law /by Mitchell Ehrlich

When a marriage ends in divorce there are a number of financial decisions that must be made. Spousal support, child support, and division of assets and debts are all important considerations that must be hashed out to the satisfaction of both parties.

One of the most pressing questions that many divorcing couples face is “Who gets the house?” Since California is a community property state, in most cases, California law will treat the house as community property and split the debt and value evenly between you and your spouse. Although your shared home likely has sentimental value to you both, the court can only consider its financial value when deciding issues related to property. You and your spouse will be responsible for deciding what to do with your home. 

Community vs separate property

Generally speaking, community property encompasses everything you own or owe while married. In cases of divorce in California, the court divides all assets and debts that are deemed community property equally between spouses. 

Separate property, on the other hand, includes both assets and debts that one spouse had individually before marriage. Financial gifts, property, or inheritance given to one spouse specifically are also considered separate property, even if the spouse received them during the marriage. Each spouse is entitled to retain the full amount of their separate property in a divorce.

Is a mortgage community or separate property?

Determining whether your mortgage is community or separate property can sometimes be tricky. Your mortgage is community property if you bought a house together after you were married or bought a house with money you earned during your marriage. 

If you bought the house with your own money before you were married, the mortgage would be considered separate property. However, any mortgage payments made jointly after marriage would be considered a community interest in the property and would be split evenly. 

Can I stop paying the mortgage if I move out?

Although you and your spouse will still be jointly responsible for paying the mortgage, you have several options moving forward. The following are some common scenarios:

  • Sell the home and split the profits. If neither spouse is willing or able to maintain the home separately, this option can help ease the financial burden.
  • Buy out. If one spouse wants to remain in the home, they can pay the other spouse half the value of the house. Usually, the spouse who is leaving removes themselves from the mortgage, and the remaining spouse will refinance the loan.
  • Deferred sale. If one spouse wants to maintain the home, especially in cases where couples share minor children, the spouses can choose to stay joint owners of the home for a set amount of time. Once the children have moved out, or the custodial parent decides to move, the former spouses would then sell the home and split the profits.

Our experienced family law attorneys can help!

Working through the financial implications of divorce can be overwhelming. Determining community versus separate property and debt, assessing the value of your shared home and belongings, deciding on fair spousal and child support, and more is both mentally and emotionally taxing. You don’t have to do it alone. 

At Lonich Patton Ehrlich Policastri, we take the time to listen to you and work hard to protect your interests. We can help you understand property division issues and also ensure a fair distribution of your marital estate. Call us today at 408-553-0801 to schedule your 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/2023/07/bigstock-Two-Keys-With-Split-House-Matc-449430795.jpg 537 900 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2023-07-20 18:15:022023-07-20 18:17:34What Happens to Your Mortgage After A Divorce?

Do You Qualify for Spousal Support?

June 22, 2023/in Family Law /by Virginia Lively

Going through a divorce is an emotional and stressful process for any couple. One of the most contentious issues that can arise is spousal support. Whether you are seeking support or may be required to pay it, it is important to understand your rights and obligations. In this article, we will discuss what spousal support is and who may be eligible to receive it.

What is Spousal Support?

Spousal support, also known as alimony or maintenance, is a payment made from one spouse to the other after a divorce or separation. The purpose of spousal support is to help the recipient spouse maintain their standard of living, which they may have become accustomed to during the marriage. 

The amount and duration of spousal support are at the discretion of the judge and depends on several factors, including the length of the marriage, the income and earning potential of both spouses, and the needs of the recipient spouse. 

Do You Qualify for Spousal Support?

In general, spousal support is awarded to the spouse who has a lower income and needs financial assistance to maintain their standard of living. However, each case is unique, and there is no one-size-fits-all answer to this question.

To determine if you qualify for spousal support, a court will consider several factors, including:

  • The length of your marriage, with longer marriages more likely to result in spousal support awards
  • The income and earning potential of both spouses, as well as any disparity between them
  • The recipient spouse’s financial needs, including their expenses and ability to support themselves
  • The lifestyle and standard of living during the marriage, to try to ensure that it is maintained

The court may also consider other factors, such as the health and age of both spouses and any other relevant circumstances.

Do You Need a Lawyer for Spousal Support?

When facing spousal support issues, having an experienced attorney by your side can be a valuable asset. Your attorney can act as your advocate, presenting a strong case on your behalf and explaining how you will benefit from receiving spousal support. They can highlight key factors such as your current income situation, your history of financial dependence on your partner, and your future plans to make a compelling case for spousal support.

Your attorney can also argue against having to pay spousal support if it is not warranted. They can use their legal expertise and knowledge of family law to protect your interests and ensure that any decision made by the court is fair and just. Some lawyers even have access to a network of resources that can help strengthen your spousal support case, including forensic accountants, real estate appraisers, medical professionals, and more. 

Contact LPEP Law for Assistance with Spousal Support

At Lonich Polich Ehrlich Policastri, we have extensive experience in spousal support matters in California, and assess each of our client’s marital and financial situations according to California guidelines. With decades of experience handling complex matters of family law, we know what problems arise and how to manage them.

If you have any questions about spousal support or want to discuss your case with our legal experts, contact our office for a free 30-minute consultation. Call LPEP Law on 408-553-0801 or contact us here.

 

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-Child-Support-Of-Alimoney-Div-347163832.jpg 600 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-06-22 20:34:182023-06-22 20:34:18Do You Qualify for Spousal Support?

How to File for a Restraining Order

June 8, 2023/in Family Law /by Gretchen Boger

If you are facing harassment or abuse from someone, a restraining order is one way to protect yourself from further harm. This orders an individual not to contact or come near another person and can be granted when the court believes there has been some type of harm or fear of future harm involved. 

Obtaining a restraining order can provide peace of mind by keeping unwanted people at bay. 

What Qualifies for a Restraining Order?

A restraining order protects someone from being physically or sexually abused, threatened, stalked, harassed, or interfered with. California has four types: domestic violence, civil harassment, elder abuse, and workplace violence.

Domestic violence restraining orders are issued to keep people safe from physical harm or threats of physical harm from a family member or intimate partner. All forms of domestic violence and emotional abuse qualify.

Civil harassment restraining orders are issued to protect people from stalking, threats of violence, serious harassment, or destruction of property by someone with whom they do not have a close relationship. 

Elder abuse restraining orders are issued to keep the elderly and dependent adults safe from physical abuse, neglect, and financial exploitation. 

Workplace violence restraining orders are issued to protect employees from the violent behavior of another employee or a non-employee while they are working.

Do You Have to Appear in Court?

When you file for a restraining order, the judge might grant immediate temporary protection until you go to court. You most likely will need to appear in court to provide evidence to support your request. You can also bring other witnesses that can testify on your behalf.

How Long Does a Restraining Order Last?

The duration of a restraining order in California depends on the type of request and the specific circumstances of each case.

Domestic violence, civil harassment, and elder abuse requests can last up to five years. Still, they can be renewed after that time if necessary, but the request has to be made before the current one expires. They can also be issued on a temporary basis, which lasts until the hearing for a longer-term restraining order takes place.

Workplace violence restraining orders can last up to three years, with the possibility of renewal if needed.

Can a Request Be Dropped?

You can request that a restraining order be dropped. Either the victim or defendant can file a request with the court. After the filing, both parties may be required to attend a hearing where they can present evidence and arguments as to why the request should be terminated. The judge will then determine if the change is justified.

Taking the First Step

Filing a restraining order is often difficult but necessary for physical and emotional well-being. Our attorneys at Lonich Polich Ehrlich Policastri work with families throughout San Jose and the greater Bay Area, so we understand what you may be going through. If you want to speak with someone about your situation, you can contact us for a free 30-minute consultation. Call us at 408-553-0801 to learn more.

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-198533176.jpg 600 900 Gretchen Boger https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Gretchen Boger2023-06-08 21:21:492023-06-08 21:21:49How to File for a Restraining Order

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. 

 

https://www.lpeplaw.com/wp-content/uploads/2023/04/lonely-g54b4c17fe_1280-e1681396580397.jpg 657 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-04-13 14:39:472023-04-13 14:42:56Child Custody After the Loss of a Guardian
Page 7 of 36«‹56789›»
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • 2024
  • 2025
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

1 + 2 = ?

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
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.

MAKE A PAYMENT BY SCANNING THE QR CODE BELOW:

DISCLAIMER

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.

About | Why LPEP | Contact | Blog

© 2024 Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Scroll to top

LPEP COVID-19 Office Protocol