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Kelsey Grammer wants to split siblings in divorce- Not entirely unprecedented

June 9, 2011/in Family Law /by Mitchell Ehrlich

Media outlets reported that actor Kelsey Grammer, who is embroiled in a contentious divorce with his third wife Camille Grammer, put together a proposal in which the parties would live in separate parts of the country (he in Chicago, Camille in California) and they would each have primary custody of one of their two children; splitting up the siblings.

While not entirely unprecedented, it would be difficult for Mr. Grammer to convince a judge or custody evaluator that it would serve the children’s best interests to split up their two children and have each live thousands of miles apart.

In fact, based on the appellate court decision in Marriage of Williams (2001) 88 Cal. App. 4th 808, Mr. Grammer is unlikely to prevail.  In Williams, the court held that California policy affords strong protection to sibling relationships and that—absent compelling circumstances, such as extraordinary emotional, medical or educational needs—an order separating siblings between custodial households ordinarily will be reversed as detrimental to the children’s best interest.

While Mr. Grammer’s arguments in favor of splitting up the siblings are not known, he would face a difficult challenge in this instance.

The Certified Family Law Specialists at Lonich Patton Erlich Policastri have decades of experience handling complex and heavily disputed custody issues. If you are in the midst of a custody dispute involving multiple children or if one might arise soon and you are concerned about the possibility of your children being separated from his or her siblings, please contact the Certified Family Law Specialists at Lonich Patton Erlich Policastri, who can provide you with an in depth analysis of your issues.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2011-06-09 11:17:332021-12-22 21:38:05Kelsey Grammer wants to split siblings in divorce- Not entirely unprecedented

A Recent Study Indicates More Women are Seeking Prenuptial Agreements Before Tying the Knot

April 5, 2011/in Family Law /by Julia Lemon

Prenuptial agreements are increasingly more common among women.  This trend partially stems from the growing percentage of females in the modern workplace.  Women today, more than before, are seeking to protect their separate property assets by ensuring a prenup is in place prior to marriage.  In addition, couples are signing these documents in order to protect their pension and retirement accounts in the event of a later divorce.

A California prenuptial agreement is a contract executed between two prospective spouses, to be effective upon marriage.  Generally, a prenuptial agreement addresses the parties’ present and future property rights, as well as other issues relating to the marital relationship.  Certain issues may not be dealt with in a prenuptial agreement, such as child support or child custody.  Other provisions may be invalidated if they are found to be contrary to public policy, such as “fault” or “penalty” provisions for infidelity or abuse.  In addition, if you are considering waiving your spousal support rights in a prenuptial agreement, it is highly recommended that you retain your own attorney both to protect your legal rights and the enforceability of the agreement.

For more information on prenuptial agreements, please contact our family law attorneys at Lonich Patton Erlich Policastri.   Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

Source:

San Francisco Chronicle

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Julia Lemon https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Julia Lemon2011-04-05 10:45:552021-12-22 21:42:28A Recent Study Indicates More Women are Seeking Prenuptial Agreements Before Tying the Knot

Why You Should Get Clean: Your History of Drug or Alcohol Abuse Can Affect Your Child Custody or Visitation Rights

March 24, 2011/1 Comment/in Family Law /by Mitchell Ehrlich

California family law requires that before child custody and visitation orders are made, a judge must take into consideration what is in the child’s best interest.  When a judge is considering what is in the child’s best interest, he or she may look at any factors that are relevant.  In addition, the judge must consider the child’s health, safety, welfare, history of physical abuse, and either parent’s habitual drug use.  If you are a parent with a substance abuse problem, it is very important that you obtain treatment for this problem so that you can provide a safe and stable environment for your children.

Before a court considers allegations accusing a parent of drug or alcohol abuse, the court may require “independent corroboration.”  This means the court may want to see written reports from law enforcement, courts, probation departments, social welfare agencies, or drug rehabilitation centers.  In addition, the court may order a parent seeking custody or visitation to undergo drug or alcohol testing.  The court may also require the parent who is tested to cover the costs of the testing.

Please contact us for more information about child custody and visitation rights and how issues of drug or alcohol abuse may affect those rights.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2011-03-24 10:51:562021-12-22 21:50:13Why You Should Get Clean: Your History of Drug or Alcohol Abuse Can Affect Your Child Custody or Visitation Rights

Is Property Acquired After the Date of Separation Still Community Property?

February 25, 2011/in Family Law /by Julia Lemon

In California, the legal date of separation occurs when (1) at least one spouse has the subjective intent to end the marriage and (2) there is objective evidence of conduct that reflects that intent.

California is a community property state.  This means that under California law, most property acquired by married persons during their marriage while living in California is presumed to be community property.  Property that is acquired prior to marriage, or during marriage by gift, bequest, or devise, or as income from property owed prior to marriage is presumed to be separate property of the receiving spouse.  After the date of separation, the earnings and assets acquried by one spouse are generally considered that spouse’s separate property.

For more information on legal separation (property division?), please contact us.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Julia Lemon https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Julia Lemon2011-02-25 12:19:322021-12-22 21:53:08Is Property Acquired After the Date of Separation Still Community Property?

What Happens to Out-of-State Real Property Upon a Divorce in California?

January 11, 2011/in Family Law /by Mitchell Ehrlich

Upon a divorce, it is often a complicated and challenging process to divide real property existing in another state.  The correct treatment of an out of state home or piece of land depends on how the property is characterized under California community property law.  Generally, most property acquired during marriage is considered community property.  At divorce, community property is divided equally between spouses.  However, property acquired during marriage while living in a non-community property state is not community property.  To find out what happens to this out of state real property, it is best to look at an example.

Let’s assume you and your spouse meet, marry, and reside in non-community property state.  While married, you purchase a home with the savings you both earned during your marriage.  Now, let’s assume, your spouse gets a job in California and you relocated without selling your home.  Years later, you file for divorce.  Under California law, this property is not community property as it was not acquired in a community property state.  Instead, this property is characterized as “quasi-community property.”

Quasi-community property is property (wherever located) that would have been community property if the spouses had acquired it while domiciled in California.  In a California divorce proceeding, quasi-community property will be treated the same as community property.  Thus, in the above example, the out of state home would be divided the same way as if it were located in California.  If located in California, the home would have been considered community property as it was acquired during marriage with martial earnings.  It is important to remember that California community property law is complex, and it is filled with numerous exceptions.

For more information on how your property would be characterized under California law, please contact us.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Mitchell Ehrlich https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Mitchell Ehrlich2011-01-11 09:34:192021-12-22 21:57:27What Happens to Out-of-State Real Property Upon a Divorce in California?
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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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