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.

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. 

Infidelity can be extremely emotionally draining and stressful. If your spouse cheated on you, you may be wondering if, as the injured party, you have any legal recourse to receive compensation for your pain. Although somewhat complicated, there are a few circumstances in which you might be able to bring a civil case against a cheating spouse.

Alienation of Affection

When a third party interferes in a loving relationship between a husband and wife, some states allow what is known as an alienation of affection lawsuit. Usually, this type of claim is filed against the third party, rather than against the spouse, however. Filing an alienation of affection lawsuit requires proof that your marriage was a happy and loving one and that the third party intentionally destroyed your marriage. Unfortunately, only a handful of states still recognize this type of lawsuit, and California is not one of them. 

Infliction of Emotional Distress

In California, victims who have suffered emotional anguish as the result of someone else’s actions can sometimes sue for either Negligent or Intentional Infliction of Emotional Distress (NIED or IIED lawsuits). Although adultery can certainly cause significant emotional distress, you should carefully consider what this type of lawsuit entails, including:

• Proving the existence of your emotional pain (e.g., through expert testimony of a counselor, etc.)
• Establishing how your pain is the direct result of others’ actions
• Documenting the severity of your distress and how the trauma has diminished your quality of life
• Demonstrating that your spouse’s behavior was outrageous or reckless and intended to cause you emotional distress (i.e., for IIED lawsuits only)

Unless you think you have a very strong case or stand to recoup a large amount of financial compensation from your spouse, filing an NIED or IIED lawsuit may cost more time and money than its worth.

How Infidelity Affects Divorce in California

Whether or not you choose to pursue a civil claim against your spouse for an extramarital affair, you might also be considering divorce. Since California is a no-fault divorce state, you would most likely cite irreconcilable differences, rather than adultery, as the reason for your divorce. 

Although the California family court system does not usually take infidelity into account in divorce proceedings, there are certain cases where it can affect custody agreements or spousal support. Also, if your spouse spent marital assets on their affair (e.g., expensive gifts, luxury vacations, or hotel stays), the judge will likely require them to reimburse you for those assets during the division of your marital estate.

Facing Infidelity? We Will Fight For You

Our team at Lonich Patton Ehrlich Policastri has decades of experience dealing with complicated divorce cases in California. We understand the toll that extramarital affairs take, and we work hard to protect your rights and make sure you understand all your options. Call us today at (408) 553-0801 to set up a 30-minute free consultation with our family law experts. 

Most people have heard of a prenuptial agreement, which is a legal agreement signed by a couple before marriage that establishes rules for the division of the couple’s assets and debts in cases of divorce. Postnuptial agreements provide the same financial protection but are negotiated and signed after a couple is already married. Although it can be uncomfortable to talk about money or to consider the potential dissolution of your marriage, if you think about marriage as a long-term partnership, it makes sense to discuss appropriate and fair protection of each party’s assets for the future in the same way that you would for other relationships such as business partnerships.

When to Initiate a Postnuptial Agreement

Certain life changes or situations might come up where it’s in your best interest to think about a postnuptial agreement to alleviate uncertainty about your financial future. In fact, if you have a prenuptial agreement in place but some circumstances have changed, you might use a postnuptial agreement to modify your prenuptial agreement.

• Significant Changes in Financial Circumstances
  If either spouse’s finances significantly increase or decrease, it’s a good time to initiate a postnuptial agreement. For instance, one spouse might inherit family money or property and want to make sure his children from a previous relationship receive those assets. Or a spouse who decides to start a business might want a postnuptial agreement in place to protect the rights and interests of business partners or profit sharers. Postnuptial agreements can also shield you from being held responsible if your spouse begins to accrue appreciable amounts of debt through unwise investments or lavish spending.
• Marital Issues
  Combining finances can be one of the most difficult parts of any marriage. Some couples enter marriage without being aware of the debts or financial difficulties of their spouse. Infidelity or other marital issues can also cause stress in a marriage. A postnuptial agreement can provide some security to both parties, allowing them time to work on their marital issues without the added worry about finances. If divorce becomes inevitable, having a postnuptial agreement already in place ensures both parties’ assets are protected and can make the divorce process smoother.

What to Include

When preparing to enter into a postnuptial agreement, both parties must disclose all current assets and debts. Although postnuptial agreements are as individual and unique as each couple, they most often include instructions for how to distribute:

• Debts, including mortgages, insurance, educational loans, and credit cards
• Shared property such as cars, homes, or even family pets
• Other assets such as retirement accounts, investments, or inheritance
• Spousal support 

Get Help Drafting an Effective Postnuptial Agreement

In California, postnuptial agreements have to meet several requirements to be considered legally enforceable, including that they must be: 

• Written, not oral
• Fair to both parties
• Signed by both parties willingly, not under duress
• Notarized
• Clear and transparent

Unfortunately, a California court might declare a poorly written agreement with vague or ambiguous language invalid, thus putting both spouses’ desires in jeopardy. To ensure that your postnuptial agreement is legally binding and will withstand a family court judge’s review, you should work with an experienced attorney. 

At Lonich Patton Ehrlich Policastri, our attorneys specialize in drafting effective postnuptial agreements that help protect your interests, using direct and detailed language. If you have questions about postnuptial agreements or want to discuss your specific situation, give us a call today at (408) 553-0801 to set up a free consultation. We have decades of experience navigating the complex landscape of family law and welcome the opportunity to discuss your options to successfully protect your financial future.

Divorce is a difficult process under the best of circumstances. The process can become even more complicated and contentious when spouses can’t agree on anything. The term “bifurcate” means to split something into two separate pieces. Therefore, in a bifurcated divorce, the court grants the divorce itself before resolving other issues in the case.

What is the Purpose of a Bifurcated Divorce?

Deciding to end a marriage is always a complicated choice, and the process can be even more complex if significant assets or children are involved. A bifurcated divorce can be helpful when the parties want to move on with their lives but cannot agree on other matters, such as property division or spousal support. 

Bifurcation may be requested at any time during the proceedings, but it is most commonly sought early on, typically soon after filing the petition or responsive pleading. 

This type of divorce is typically used when one party is seeking to remarry and needs to resolve the issue of divorce before doing so. California does require a six-month waiting period after a divorce is finalized before a spouse can remarry. However, a bifurcated divorce speeds up the process by separating the dissolution of the marriage from the other issues.

It can also benefit couples who have been married for a long time and have complex financial issues that must be resolved. After the court issues the judgment of divorce, a separate trial will be set to settle the other problems, such as:

• If a prenuptial agreement is valid
• The date of the separation and the date to use for the valuation of marital assets
• Determining which property is marital and which is separate
• The division of marital property
• The valuation of a shared business or the increase in value of a company during the marriage
• Physical and legal custody of any children
• Parenting time of both parents
• Child and spousal support
• Any other issues

The Pros and Cons of a Bifurcated Divorce

This type of divorce can help couples who want to avoid a lengthy and contentious divorce process. It can also be beneficial for couples who wish to keep their finances separate during the divorce. In addition, a bifurcated divorce can help protect assets and ensure that property is divided fairly. Finally, a bifurcated divorce can give couples more control over the divorce process. 

However, there are also a couple of potential drawbacks to consider. First, a bifurcated divorce can be more expensive than a traditional divorce, as it requires two separate court appearances. Also, it can be emotionally exhausting as you and your ex-spouse work through the contested issues.

Discuss Your Concerns With Our Experienced Lawyers

If you are considering a bifurcated divorce, it’s essential to seek legal advice from an experienced family law attorney who understands California’s laws. Our lawyers at Lonich Patton Ehrlich Policastri know that each situation is unique, and we will work with you for the best possible outcome for your particular circumstances. Contact us for a free consultation to see how we can help you by calling (408) 553-0801.