Many people assume that divorces are emotionally charged, mentally exhausting, and painstakingly complicated. They don’t have to be.

Some divorces are straightforward and uncomplicated, relatively speaking, and both parties are able to hash out their differences, discuss and agree upon terms, and get it all in writing without stepping foot into a courtroom.

That’s the difference between mediation and litigation divorces, according to East Bay’s premier family law attorney Vonnah Bagner.

A Different Approach

Litigation divorces, by definition, conclude in the courtroom after lengthy legal proceedings. Generally speaking, it’s because the two involved parties are at odds, each believing they are not receiving a fair shake of things.

During litigation, it will be up to each party, and their attorneys, of course, to make their case to the judge and ultimately determine the terms. Both parties have their opportunity, but the decision is left to a third party.

In mediation divorces, the two involved parties have a say over the specific terms, but it requires excellent communication from the jump. In these scenarios, the divorce either begins uncontested or, through mediation and negotiation, becomes uncontested.

If everyone can agree through mediation on what is appropriate, there is no need to bring it before a judge for a final ruling.

A Different Level of Formality

Once you call it quits on mediation, or refuse to participate altogether, then you’re subject to the formalities of the court and its processes. That means all actions associated with the divorce from that point on will be subject to stringent legal procedures.

Meanwhile, mediation divorces enjoy an informal process. The negotiations may take place at the time and in the location of your choosing, so you will have significantly more flexibility.

A Different Price Point

For many, divorces boil down to dollars and cents. People want to know how much the legal proceedings will cost, how much the attorney’s fees will be, what the processing fees will come to, and, ultimately, how much they stand to lose during property division.

There’s no easy answer to that, but the cost of mediation divorces tends to be much less compared to litigation divorces.

That’s because mediation divorces wrap several steps before a litigation divorce will. Mediation and negotiations that are unsuccessful lead to litigation, meaning more steps in the process, more papers to file, more work to be done, and more hours to pay the attorney.

On average, you will spend less on a mediation divorce.

Representation Matters

Of course, representation is paramount, whether you’re going through a straightforward uncontested divorce or a tricky and messy litigation divorce. You want to know you have the best of the best by your side to represent your best interests and back it up.

That’s exactly what you’ll get hiring Vonnah Bagner and her team at Bagner Law, PC.

Call now for more information.

If you are or have been a victim of domestic abuse, you may have felt as though you have no allies, or that there is nowhere to turn for a source of light in the vast darkness that has enveloped your life.

But that’s not true! There is help, sometimes in the places you’d least expect.

We’re talking about your family lawyer. Not only are they there to assist with legally liberating you from the abusive situation and ensuring your abuser faces justice, but they are also available for so much more throughout the process.

Vonnah Bagner of Bagner Law, PC explains the role of a family lawyer in domestic violence restraining orders.

Your First Steps Towards Freedom

So, you’ve decided enough is enough.

It takes courage to stand up to an abuser and take action to reclaim your freedom, so first congratulations are in order. The first thing you’ll want to do is speak with an excellent family lawyer, as they will assist with the process.

One of the first orders of business will be filing a restraining order with the court. It will take time for the court to officially process everything, but a judge may issue a temporary one immediately in order to buy you time and ensure your safety in the interim.

A high-quality family lawyer will discuss all of your options on day one, so you know what you can do to protect yourself immediately and ensure that, even if the court must process, you are safe today.

Making Your Case

Your lawyer also knows what will be needed for the court to understand the gravity of the situation and rule accordingly. Thus, the process of evidence collecting begins, and your lawyer will ensure that your safety is not compromised during this process.

Whatever can be gathered, including dates and times of abuse, medical records, photographs, copies of texts or emails, and anything that can be used to demonstrate the situation accurately will be collected for the court’s review.

It could prove integral in getting your restraining order approved and ensuring your abuser faces justice.

Representation in Court

Perhaps the most important role your attorney plays is represented in court. Once everything has been gathered and is now set before a judge and jury, it will be your attorney’s job to make the case, communicate the severity, and make informed recommendations within the confines of the law.

They will understand, through their time spent with you, what is in your best interests, what is in bounds when it comes to the law, and how to get it for you.

And, after the final ruling, they will be available to assist in the enforcement of the terms as well, ready to serve your abuser with legal action if they violate the terms at any time.

Your family lawyer is your number one ally, your light in the dark, and your best chance of breaking the cycle and getting you back to your life as you should.

If you’re ready to take that step, Vonnah Bagner of Bagner Law, PC is ready to help. Call today for more information.

Some couples decide to get a divorce after much deliberation, respectful conversation, and mutual agreement, ultimately deciding it’s the best choice for everyone. Others shout it at one another while throwing glassware and furniture.

No matter how you arrived at the decision to get a divorce, your first step should always be to find and hire excellent legal representation. Vonnah Bagner of Bagner Law, PC explains why.

An Invaluable Perspective

A high-quality divorce attorney will have applicable experience and training that gives them incredible insight; insight that will prove invaluable once proceedings are underway.

They know and understand the law, helping paint a picture of how events should proceed, given your specific circumstances. This is crucial because divorces are emotionally trying, at times, and so it’s helpful to eliminate the dread of uncertainty.

Not only does an experienced attorney know about the law, they’re also just an unbiased perspective; an objective third party that might see things in ways you are unable since you’re too close to the issue at hand.

Always on Your Side

Once you’ve hired your attorney, they’re committed to get you the best results possible, from mediation to the hearing.

Your attorney will present what you are looking for and work with your former spouse and/or their representation to secure the best outcome possible. If negotiation or mediation prove futile, they’ll advise that you proceed to a hearing date and make sure you are prepared by the time you stand before a judge.

And, while no one wants to go to court over the situation, a hearing is where your attorney will truly shine. At every juncture, they will fight on your behalf to ensure you get what you’re looking for, ensuring you get what you’re entitled to.

Your attorney brings ample expertise and experience, knowledge of the law, and negotiation skills that will be very critical once in front of a judge.

Ironclad Contract Skills

So, you will have a professional in your corner throughout the often-lengthy process of getting a divorce, but there are plenty of things they do behind the scenes as well.

From filing the initial request to completing court-required documents along the way, your attorney is there to peruse each contract, fact check, and make sure everything written in the documents is correct, error-free, and indicates exactly what is discussed.

Even uncontested divorces could become complicated by careless clerical errors, some of which might take months to unravel and correct. Getting everything right the first time makes sure you get the results you are looking for, and that the paperwork matches up.

Bagner Law, PC

If you’re in the East Bay area, consider hiring Vonnah Bagner of Bagner Law, PC as your attorney. She has decades of pertinent experience, which will serve you tremendously during proceedings, and an unrivaled ability to relate to and understand her clients.

When you choose Bagner Law, PC, you’re not just another case, but a person in need, and Vonnah Bagner guarantees she will get you what you want, or as close to it as possible.

Splitting up is not always easy when you’ve enjoyed potentially many years with a significant other or partner, but it’s made much more difficult once you, as Beyoncé would say, “put a ring on it.”

Married partners are faced with few options once they’ve agreed to part ways, the most common of which is divorce; but there are options beyond the classic divorce.

For example, a legal separation allows both parties to pursue independent living while their marriage remains intact. Details are hashed out similar to an actual divorce, but there are some key distinctions.

Vonnah Bagner of Bagner Law, PC discusses the process.

Why Would You Want a Legal Separation?

Some folks wonder why anyone would want to stay legally married if they feel the marriage has run its course. It’s true that many people are eager to get away from their former spouses after separating, just as eager to sever all ties, legal or otherwise, as soon as possible. There are some reasons and some circumstances, however, in which a legal separation may make more sense.One of the most common reasons has to do with marital benefits such as tax advantages and health insurance. So long as the two parties remain legally married, they retain all the benefits they have grown accustomed to.

Another common reason to remain legally married is religion. Some religions do not believe in the practice of getting a divorce. A legal separation, therefore, grants the two involved parties the freedom that comes along with living independently without violating an important practice of their faith.

How to Get a Legal Separation

So, if you’ve decided a legal separation is more appropriate for your circumstances, there is a process that must be completed before everything is made official. You cannot simply walk away and wish each other well, as, in the eyes of the law, that means you’re still married.

Before beginning the process, it’s important to find excellent representation, such as Vonnah Bagner. Your attorney will help guide you through the process, provide insight regarding the law and what you might expect next, and they will, most importantly, fight for your best interests at every turn of the road.

The first step is to file for the separation. Once the request is processed, your spouse will be served and given a chance to respond. Presumably, they will know of your intention to pursue a legal separation, but this is by no means an actual legal requirement.

What happens next is very similar to a divorce. You will undergo negotiations, mediations, attempt to settle out of court and, if unable, will attend a hearing thereafter to hash things out in their entirety.

The biggest difference is the end result, as a divorce terminates the marriage while a legal separation keeps it intact. Details of the arrangement will be finalized by the court and, once the judgment is made, you will be legally separated.

Representation Matters

If you’re in the East Bay area, you will find no better family law attorney than Vonnah Bagner of Bagner Law, PC. Not only does she boast decades of experience and expertise, she offers compassion that few lawyers possess.

She takes the time to truly understand what it is her clients want so she can best deliver those results.

Find out more now; call Bagner Law, PC today!

You’d love to get a divorce and move on with your life. You’ve imagined living apart, but the thought of your spouse still remaining somewhat legally tied to you makes you uncomfortable.

Divorce isn’t the only option. Have you considered a legal separation?

Legal Separation vs. Divorce

While a divorce officially terminates the marriage, and requires you to hash out everything related to it including child custody, child and spousal support, and property division, to name a few, there is a way to stay married but pursue independent living again.

It’s called a legal separation and, contrary to popular belief, it is not just another term for a divorce.

During a legal separation, many of the same issues are discussed and agreed upon, all leading up to an official court order that legally grants you your separation.

The main difference? You’re still married!

That means you’re free to live your life and enjoy perks like health insurance and tax advantages, but you don’t have to still sleep next to old “what’s their name” again.

Legal Separation Means Legal Process

It may seem as simple as bidding your spouse adieu and finding a new place, but that leaves everything up in the air and, legally, it means nothing has changed with your arrangement.

Processing an actual legal separation involves the government’s favorite thing– paperwork!

While a legal separation may not be exceedingly difficult to process, provided the separation is uncontested by your spouse, it’s still prudent to hire a qualified professional to help you navigate the process and finalize things quickly.

Representation Every Step of the Way

Hiring a qualified family lawyer like Vonnah Bagner of Bagner Law, PC is a great first step toward processing and finalizing a legal separation.

The attorney first assists in acquiring, completing, and filing all the necessary documents with the appropriate court. If your spouse is in agreement, you’ll proceed straight into negotiations and mediation and hash things out in a civilized fashion.

If they’re less than cooperative, you’ll be very glad you hired a professional to have your back on this. It’s ideal to settle out of court, but, if mediation fails, then the next stop is the courtroom where the terms will be examined before a judge.

The judge will retain the final say regarding the terms of the legal separation, so it’s important to have an attorney who will fight for your best interests and settle for nothing less than what you deserve.

That attorney is Vonnah Bagner.

Bagner Law, PC

If you’re looking for the best legal separation services in the East Bay area, look no further than Bagner Law, PC. Vonnah and her team boast decades of experience in all things related to family law, including divorces and legal separations.

Don’t wait; call today for more information!

Divorce is often considered the final step for a failed marriage, but that’s a glass half empty way of looking at things. On the flipside, a divorce is also a new beginning when romantic love has run its course and the two spouses have now grown apart.

What’s in store for you once you firmly decide that you want a divorce?

Vonnah Bagner, premier family attorney of Bagner Law, PC of the East Bay area, provides an overview and lets you know what to expect once you initiate divorce proceedings.

File and Serve

If you just spoke the words and put it in the air, congratulations. You have taken the first unofficial step towards your divorce, but there is nothing legal about what you’ve done so far. To truly make it official, you need the government’s favorite thing– paperwork!

Step one involves gathering the required documents and filing them with the court. You’ll need to provide information about both parties, the marriage itself, and state your grounds for divorce.

In California, “irreconcilable differences” is always a good one.

Once the papers are completed and filed with the court, they will have to be served to your spouse. You may choose to hand them over personally, if you are both in agreement that divorce is the right move, or you may have a court process server do the deed if you’re afraid of the reaction you may receive from your soon-to-be former spouse.

Your spouse has thirty days to respond and indicate whether or not they agree. If they fail to reply, you can seek to be granted default judgment by the court, but more than likely your spouse will want a say in the matter and they will therefore respond.

Disclosure and Discovery

You know everything about yourself, your partner, and the marriage, or do you?

The court and your attorneys know nothing until proceedings begin, and the first thing they’ll do is undergo a disclosure and discovery process that seeks to uncover all information regarding assets, finances, and other pertinent tidbits.

Your lawyer will leave no stone unturned to ensure there are no curveballs once negotiations are underway.

Negotiation and Settlement

Once all the cards are on the table, you’ll need to make some potentially difficult decisions regarding what to do with it all. 

The State of California will mandate that all property acquired during the marriage is separated in a fair and equitable manner, but you may be able to retain more than what you’re entitled to during a 50-50 split if you can prove you deserve it or persuade your spouse to relinquish any claim to it.

If you’re able to hash things out during negotiations and/or mediation, then kudos to you. You can cement the settlement in paper, sign on the dotted line, and you are done!

If not…

Court Hearing and Judgment

You’ll have to take it to court if things get bloody. Some divorces settle out of court, but many wind up before a judge where the final say will be left to them.

Your lawyer will provide ample assistance leading up to the courtroom, but during the hearing they will truly shine and fight for your best interests.

If you’re in need of the best representation in the East Bay area, you can’t find any better than Vonnah Bagner of Bagner Law, PC. Call now for more information.

Most people know about child support going into a divorce. They know they will be awarded a sum of money on a recurring basis which is to act toward supplying their children with food, clothes, housing, and education.

What most people don’t know is how much child support they will be awarded or the criteria in which the amount is based on.

Unfortunately, the calculations are fairly complex and, even with tons of prior experience and formulas to use, you will rarely have an exact figure prior to the actual hearings. That said, working with a qualified family law attorney will help you determine a ballpark figure of what you will be awarded based on several guidelines.

Basic Child Support Calculations

California guidelines will differ based on the county, but, in general, child support is based on the income of both parents, how much time each parent spends with the child, and child care related expenses, including health care.

The court will consider which parent earns a higher income, which has more earning potential, and which spends more time with the children in order to determine a fair structure that fulfills the best interests of the children.

County Guidelines Come Into Play

Because there are many specific factors that already play into the total amount of child support awarded, and to whom it might be awarded to, it’s difficult to make a calculation without the help of a qualified attorney.

In addition, the East Bay area features different guidelines depending on which county you are filing for divorce in. The counties of the East Bay area include Alameda County, Contra Costa County, Solano County, and Marin County.

Because of the many nuances involved in these calculations, it is always recommended to consult a qualified family law attorney to assist in making a determination.

Representation Matters

If an agreement is not reached during mediation and court hearings are necessary, the judge and court will make a determination based on many factors, but things are never completely clear cut in a divorce.

It will be the job of your representation to make your case and fight for your best interests, as well as the best interests of your children. Sometimes, the hard and fast numbers don’t paint the picture accurately, and this is where a qualified attorney will truly shine.

Don’t leave things to chance; hire an experienced family law attorney to represent you during divorce proceedings.

Bagner Law, PC

In the East Bay area, Bagner Law, PC is one of the leading firms working to secure exceptional outcomes for their clients. Working with Vonnah Bagner helps ensure you get the child support you and your children deserve, no matter how nasty or complicated your divorce may seem.

Take the first step towards a better future by calling Bagner Law, PC today.

Divorce is a common option for couples in today’s society. When the couple is unable to work through irreconcilable differences, they initiate divorce proceedings and work towards legally dissolving the marriage.

While many people think annulment is just a synonym for divorce, the fact is they are two separate things entirely. While a divorce dissolves a marriage, an annulment declares the marriage invalid and works to restore things as though the marriage never existed in the first place.

Vonnah Bagner of Bagner Law, PC, the East Bay area’s leading Family Law attorney, discusses the differences between an annulment and a divorce, and which might be right for you.

An Overview of a Divorce

As a common practice in terminating a marriage, divorces tend to be more straightforward than annulments. A divorce may be granted on a variety of grounds, with “irreconcilable differences” being a common reason, and proceedings will move forward from there.

Once the divorce has been initiated, matters regarding property division, spousal support, alimony, and, if applicable, child support and custody arrangements.

It’s dismissive and incorrect to say divorces are “easy” or “straightforward,” but they are generally easier to navigate due to how common the practice is in today’s society.

Information Regarding Annulments

An annulment, on the other hand, renders the marriage invalid and makes it so that it never existed in the first place. Whereas divorce may be initiated on various grounds, annulment must be declared based on specific grounds, including fraud, duress, mental incapacity, or non-consummation of the marriage.

Divorces are known to take time, but annulments might take longer if the validity of the marriage is in dispute. Property division and spousal support are more difficult to determine, since the marriage effectively never existed in the first place, and prolong proceedings.

Once finalized, an annulment makes it so that the two involved parties were never legally married, whereas divorced parties are considered to have been previously married, in the legal sense.

How to Initiate a Divorce or Annulment

The best way to begin proceedings, whether you are pursuing a divorce or annulment, is by contacting a qualified Family Law attorney. They will be able to provide information and guidance regarding the process, as well as information whether or not your marriage will qualify for an annulment or not.

Once proceedings begin and papers are served, court hearings will begin, at which point representation will make a world of difference. For the best outcome, it’s recommended to hire an exceptional Family Law lawyer to represent you.

Bagner Law, PC

If you’re in the East Bay Area, Bagner Law, PC is the area’s leading firm when it comes to Family Law matters. Not only will they help you determine if you are eligible for an annulment, but they will make the process as easy as possible and provide excellent representation during all hearings and proceedings.

Secure your best outcome by calling Bagner Law, PC today!

Life loves to throw the unexpected our way. Sometimes it’s disastrous, and we’re not sure if we should “lawyer up” or leave well enough alone.

A divorce is not one of those situations. Without a doubt, you should lawyer up. It’s the best way to make sure your assets are protected, you are awarded a fair child custody arrangement, and your best interests are in mind at all times throughout the often emotionally-trying process of “conscious uncoupling.”

Vonnah Bagner of Bagner Law, PC is a top-rated family attorney in the East Bay Area. According to Bagner, a qualified family lawyer will help with the following.

Divorce Representation

Although many divorces are tumultuous leading up to the decision, finally initiating a divorce often leaves one or both parties in a state of emotional turmoil. It can be difficult to navigate the proceedings thereafter while you are also working through your own feelings.

Hiring a highly qualified family attorney will help ensure your best interests are held paramount during proceedings. Their representation in mediation and in the courtroom guarantee you don’t get steamrolled by a vindictive ex-spouse or their legal team.

Child Custody

Most people want to protect their assets during a divorce, but it’s often secondary to ensuring they are provided with a fair child custody arrangement. 

Having great representation during child custody proceedings is crucial, as failing to follow procedures and make a case could compromise the type of custody you would like, possibly at the expense of your child’s well-being.

No parent wants to leave things concerning their child or children’s best interests to chance. Hiring and working with a great family lawyer helps guarantee an optimal outcome for you and your children. 

Adoption

Sometimes, a stepparent has assumed the predominant role as a child’s caregiver. They are the main presence in the child’s life and make regular decisions regarding their upbringing.

Although it’s a nice notion that the stepparent “feels like” the child’s true parent, the law sees things differently unless proper procedure is followed. Adopting a stepchild is a great option to establish a legal relationship, but it could be tricky, especially if the non-custodial biological parent wishes to contest the adoption.

Consulting and hiring a top-rate family attorney is important in scenarios such as these.

Bagner Law, PC

If you’re in the East Bay Area and need assistance with divorce, child custody, adoption, alimony, guardianship, property division, and other family law related matters, you need Bagner Law, PC. 

Their team boasts decades of experience. They will guide you through every and any legal process associated with your situation, and they will work to ensure you get the best outcome for you and your family– the outcome you deserve.

Contact Bagner Law now for more.

Stepparents frequently act as parent figures to their stepchildren. Because of this, it only makes logical sense that adoption is considered since they are already caring for both the child’s physical and emotional needs.

For many, adopting their stepchild is an honor.

Unfortunately, however, most individuals are not acquainted with the process of legally adopting their stepchild. Bagner Law, PC, the East Bay Area’s leading family law practice, provides insight on the topic by answering some of the most common FAQs associated with the process.

What is Stepparent Adoption?

Stepparent adoption is the legal process by which a stepparent becomes the legal parent of their spouse’s child. 

While the stepparent already has established an actual relationship with the child, adoption “makes it official” by establishing a legal relationship that grants the stepparent the same rights as a biological parent.

To be eligible, the stepparent pursuing adoption must be legally married to the child’s biological parent.

What is the Process for Adopting a Stepchild?

First, the stepparent must file a petition for adoption with the court. The court will schedule a hearing to determine if the adoption is in the child’s best interest. If granted, the adoption will terminate the rights of the other biological parent.

For this reason, it’s required that notice is provided to the child’s other biological parent, the non-custodial parent, if they are still in the picture. The notice must inform them of the stepparent’s intention to adopt their child, their rights and options, and the date, time, and location of the hearing.

The stepparent or custodial parent do not need to personally provide this notice. In fact, under some circumstances, serving the notice could be dangerous. Instead, the stepparent’s attorney or the court itself may deliver the notice via certified mail, in-person, or through a court-approved process server.

What Happens to the Rights of the Non-Custodial Parent?

If the court approves the stepparent adoption, the rights of the non-custodial parent are terminated. In most states, a child may have no more than two legal parents.

Ideally, the non-custodial parent will be amenable to the stepparent adoption, but they could contest it in order to protect their rights as a parent.

How is the Court’s Decision Reached?

The process may vary depending on the state and circumstances, but often the court considers the stepparent’s relationship with the child, the non-custodial parent’s relationship with the child, the living situation, financial stability of all parties, and the overall best interests of the child.

In some situations, the court might interview the child or children to gauge their understanding of the process based on their age, maturity level, and feelings.

What are the Benefits of Adopting Your Stepchild?

Legal benefits aside, adopting your stepchild often strengthens your bond, signaling that you are committed both in word and action to their needs and upbringing.

There are a number of legal benefits associated as well, however, including the ability to make decisions regarding the child’s upbringing, giving the child rights to the stepparent’s inheritance, and allowing the stepparent to make medical decisions regarding the child.

If you are a stepparent in the East Bay Area and you’re looking for an excellent attorney specializing in Family Law, contact Bagner Law, PC today and find out more.