Many people are reluctant to broach the topic of a prenuptial or postnuptial agreement to their fiancée or spouse with the concern that it may be seen as a hostile or distrusting gesture, but in an article published at Forbes.com, the author (who is a wealth advisor and divorced parent herself) asserts that these types of agreements can actually strengthen marriage and can avoid disastrous consequences in divorce. 

Why talk about prenuptial agreements and postnuptial agreements before things go sour?

• Life is unpredictable and marriage is difficult
• Talking about challenging topics while the marriage is still good is better than waiting until the typically adversarial construct of a divorce
• Money and communication are the two top reasons why people get divorced,

What is a prenup or postnup and why do you need one?

• A prenup is a contract entered prior to marriage
• A postnuptial agreement is similar to a prenup except that it is executed after a couple is already married. 
• It commonly addresses spousal support and provisions of assets in a divorce
• It’s not just for the rich and famous. Everyone has something worth protecting.
• It can address property, debt, future inheritances and earnings. 
• Information or documents that show assets and debts.

What are topics to consider in a prenup/postnup?

• Division of assets and debts
• Amount and duration of maintenance/alimony upon divorce
• Ownership and use of property 
• Trusts or wills

Can a prenup or postnup determine child custody or support?

• No, parental responsibilities and child support are based on the best interest of the children, so they cannot be negotiated in advance of a marriage or divorce.

Contact an Experienced Family Lawyer

An experienced family lawyer can help you with a prenuptial or postnuptial agreement that can save time and anxiety in the future. At the Law Office of David Knecht we have extensive experience with family law in California and can help you successfully prepare these agreements. We look forward to assisting you.  Contact us at 707-451-4502. 

 

This article follows our previous introduction to mediation. This is part 2, which will provide information on how to prepare for mediation in a divorce case, with information derived from the California Court website.

 

Choosing the mediator

• Selecting the mediator is an important decision in preparing for a successful mediation, and the right mediator is a very personal decision.

• For some parties, an excellent mediator might be a former judge to provide experience and information on legal issues. 

• For other parties, an excellent mediator might be one with the right temperament to fit the parties. Some mediators are more sensitive and collaborative and others tend to be more formal and commanding. 

• The differences in mediators are as numerous as the differences in attorneys, judges and experts, so no two are alike, and you want to find one that you believe best fits your personality and the opposing party.

 

Understanding the process

• Mediation can take different forms. In some cases, the mediator meets with each party separately. In other instances, the mediator might lead a discussion of both parties and counsel. In some instances attorneys will be present an in other instances, unrepresented parties seek to use the mediator without retaining and attorney. 

 

• Find out ahead the time constraints of the parties and the mediator, so that you can properly pace yourself during the process. 

Ask yourself difficult and probing questions prior to the mediation

 

• Seek to see the strengths and weaknesses of your own case. Be realistic in assessing your position. 

 

• Try to understand.  Strive to analyze the arguments of the other party and contemplate how to address them. Are there solutions you can think of where all parties win?

 

• Learn from the past but focus on the future. You cannot change the past, but you can learn from it. What do you know about your former spouse that will influence your decisions? How can you predict their behavior to foresee problems and challenges that may arise and how can those be addressed ahead of time in the mediation process?

• Let go of emotion. This is one of the most difficult steps of mediation. A court case can never resolve the anger and hurt that is involved in most divorces, so expecting vindication is a barrier to an effective settlement. To the extent that you can view the case logically and impartially, this will help you understand and accept a result that may be in your best interest. 

CONSULT THE LAW OFFICE OF DAVID KNECHT

Mediation can be an emotional and challenging process, but it is an extremely important step in the divorce process where the right attorney can add tremendous value. At the Law Office of David Knecht, we have years of experience with divorce and specifically with divorce mediation. Call us today at 707-451-4502. 

 

This article will provide introductory information about the purpose of mediation, how it works and what to do to prepare for a divorce mediation with information derived from the California Court website.

What is divorce mediation?

• It is a flexible dispute resolution process with an independent third party who helps to facilitate communication and solution-finding between parties to resolve their own dispute outside of the court system. 

Does the mediator take sides?

• The mediator is intended to be a neutral party who does not take sides, make decisions, offer legal advice or reveal confidential information. 

• However, an effective mediator may offer an opinion or share references to legal authority that may be on point for the question at hand. A mediator may provide context with information on how issues have been previously decided by the court.  

What if I have concerns about the process? 

• If you have any concerns about the mediation process, you should raise those and make sure they are resolved to your satisfaction prior to proceeding. 

• Some common concerns can include practical considerations like the billing rate of the mediator and your responsibility to pay, or legal concerns such as whether  a judge can make negative inferences against you if you do not settle or whether the information shared in mediation is confidential.

• It is the mediator’s job to resolve any concerns that you may have prior to the process, and you should not be afraid to ask questions throughout the mediation process. 

 What are some best practices to ensure a successful mediation? 

• Ask the mediator how to best utilize their services. The mediator often has experience and can guide you as to how to maximize their time and experience. 

• Come ready to participate fully, honestly and courteously. 

• Be willing to understand the other party’s arguments. This does not mean you need to agree with them, but understanding your opponent is a good step in finding out of the box solutions. 

• Assess litigation costs and prospects realistically to yourself. You typically will not get everything you want in a mediation, so assessing the strengths and weaknesses of your case will help you focus on the wins that are most important to you. 

CONSULT THE LAW OFFICE OF DAVID KNECHT

There are many divorce lawyers, but not all family law attorneys have extensive experience. At the Law Office of David Knecht, we have years of experience with divorce and other family law issues. Additionally, we have a commitment to customize our approach to your specific needs and seek to understand your goals and help you achieve them. Call us at 707-451-4502. 

 

In a California divorce, even if the parties agree, a judge has to approve the division of property and debts through an order. You don’t necessarily have to go to court because a judge could approve an agreement between you and your spouse. If the parties don’t agree, the judge can make a determination for you at a hearing or a trial. Information in this article will help you better understand https://selfhelp.courts.ca.gov/divorce/property-debtsproperty and debt division in a California divorce with information sourced from online resources provided atx. 

 

• What is property? 

 

• Property has a formal definition, but in general it is anything that you can own, buy or sell. This includes real estate, bank accounts, life insurance, retirement and more. 

 

 

• What are the categories of property and debts?

 

• Community property is generally what you own together during your marriage and the debts that you owe together during your marriage. 

 

• Separate property is generally what you each owned individually before you were married or after you separated and any gifts or inheritance or any debts you incurred before or after your marriage. 

 

 

• Why is the date of separation important for categorizing assets and debts?

 

• The date of separation is important because generally, from that day forward, what you or your spouse earned or loans that you take out are no longer community property. 

 

 

•  What are the rules for the date of separation?

 

• The separation date is the day that one of you let the other one know (by actions or words) that they wanted to end the marriage, provided that after that day, your or their actions were consistent with wanting the marriage to be over. 

 

 

•  How can I tell if something is community property?

• Generally, community property is anything you earned while married, anything you bought while married and debt that you incurred while married. 

 

Consult the Law Office of David Knecht

Property and debt division is one of the most important aspects of a divorce for most people. The information in this article is very general, but an experienced family law attorney can help you make your case to get the property to which you are entitled and fight to prevent your being saddled with debt that isn’t yours. Please contact us at the  Law Office of David Knecht. We have extensive experience with divorce and family law issues and can answer your questions. Call us at 707-451-4502.

 

If you are considering divorce, you may want a general overview of how the process works. This article will summarize the basic steps, with information derived from the California Court’s.

 

You get a divorce by initiating a court case. 

• You don’t have to have a reason for wanting to get divorced or prove that anyone is at fault. California is a no fault divorce state where you can base the divorce solely on irreconcilable differences. 

• You can get a divorce even if the other person doesn’t want one. 

• If you’ve been married less than five years and have no children, you may qualify for an easier process called a summary dissolution. More information can be found here:  

 

California residency is required for a California divorce. 

• You must have lived in California for the past 6 months.

• You must have lived in your current California county for the past 3 months. 

 

Filing Fee.

• You will have to pay a filing fee to initiate the divorce. 

• If you can’t afford to pay, you can apply for a fee waiver.

 

 Service

 

• You have to inform your spouse that papers have been filed. The formal way to do this is by service of process. 

 

Waiting period

 

• There is a six month waiting period for the divorce to be final. 

 

 Information Sharing

 

• You will have to share information with your spouse

 

 Familial and Financial Issue Resolution

• You will either need to resolve child custody issues and financial issues with your spouse by agreement between the parties or through a decision by the court, which will be an order

 

CONTACT THE LAW OFFICE OF DAVID KNECHT FOR HELP WITH A CALIFORNIA DIVORCE

If you need help with a divorce in California, contact the  Law Office of David Knecht. We have extensive experience with family law in California including divorce, child custody, modifications and more. Contact us at 707-451-4502 for more information.