Going through a divorce is often a draining, stressful and life-altering experience. No couple wants to end up divorced, but in certain situations it is inevitable, and about half of marriages end in divorce in America today. 

While a divorce is a difficult situation, it’s important to handle it with care to protect yourself moving forward and ensure you are treated fairly during the divorce proceedings. Even when it seems like a split can be amicable, there are still complications and the lengthy divorce process to navigate. In any divorce situation, it’s important to have a competent and experienced legal professional by your side to ensure you are protected.

Our family law practice is happy to be the trusted partner for so many people in the Bay Area, and we have the expertise and provide an excellent level of customer care to give you the best chance at a positive outcome in your case. We provide a full catalog of family and personal legal services and we are happy to make a positive impact in the lives of our clients even if they are going through a difficult situation.

Divorces are rarely cut and dry, and in most cases a divorce has unique characteristics which must be dealt with accordingly. In the sections to follow, we will cover a few different levels of service we offer for people with unique situations.

Contested vs. Uncontested Divorces

All divorces can fall into one of two categories: contested and uncontested. An uncontested divorce is rare, but has distinct advantages as far as cost, time to divorce and emotional toll. In an uncontested divorce, both parties agree to terms on all important issues and file for divorce in a unified manner. For this reason, uncontested divorce rulings cannot be appealed but they are faster and cheaper. Contested divorces are messier, and often require mediation and possible legal intervention to rule on who gets what. These divorces are more expensive, take longer and are harder on everyone involved.

Divorces with Large Asset Allocation

A wealthy couple will likely have a harder time with the divorce proceedings because they need to strike a balance on allocating their assets. In these cases, contested divorces can become very complex and need advanced legal consultation, mandated mediation and possibly intervention by the court system to come to terms on allocating which assets to which person.

Divorces with Custody/Support/Alimony Considerations

The goal of any couple divorcing with kids should be to put their interests first, and it’s important to try to keep both parents involved through joint custody when possible. Divorce proceedings can become more complex when child support and/or alimony is involved as well, and having an experienced attorney on your side can ensure you are treated fairly through the entire process.

If you have questions about your specific situation or want to learn more about how our team can help you through your divorce, we would be happy to discuss our services in more detail. Give us a call or book your consultation online to get started today.

When it comes to obtaining a fair property division settlement within divorce proceedings, it is crucial to hire a family lawyer who has experience in the area. Property division is complex, and there are many nuances to consider during this legal process. A family lawyer helps you understand your rights, explains the legal process, and ensures your interests are accurately represented. Therefore, hiring a family lawyer for property decision services is an important step in protecting yourself and ensuring the result is equitable.

Why you need property division services during divorce proceedings

Dirovrce is an inherently difficult and emotional process. Property division involves more than simply splitting assets. It involves determining how debts are allocated, evaluating the value of all assets, and considering what future financial implications could occur because of the division.

Family lawyers specializing in property division have a deep understanding of all the laws and regulations involved in the process, so they can ensure your rights are protected. In addition, excellent family lawyers will provide you with guidance and support. They explain legal proceedings, help you get a grasp of your rights, and work hard to get the best possible outcome for your circumstances.

What is involved in property division?

Property division involves determining how debts will be allocated, evaluating the individual value of all assets acquired during the marriage, and considering the future financial implications of the property division.

All marital assets and liabilities are required to be identified, classified, and valued during a property division case. This can include things like the home you owned with your spouse, vehicles purchased, bank accounts, investments, and personal belongings. 

After all assets and debts are identified, it is time to determine how they will be divided between the spouses. Property division can become a complex legal process, especially if significant assets or disputes exist between the parties. Therefore, this process requires a thorough understanding of the laws and regulations surrounding property division.

What are the benefits of hiring a family lawyer for property division?

Here are two key benefits of having the assistance of an experienced family lawyer for property division services:

• Family lawyers have expertise and knowledge of property division laws and regulations. This ensures your rights are protected and you receive a fair settlement.
• Family lawyers provide you with support and guidance throughout the entirety of the process. They explain legal proceedings, make you aware of your rights, and alleviate stress and confusion.

Common mistakes to avoid during property division

Here are some common mistakes to avoid in property division divorce proceedings:

• Not properly valuing assets. It is crucial to have an accurate determination of the value of assets like real estate, investments, and personal belongings.
• Not considering future financial implications. Consider how the division of assets and debts will impact your financial situation in the long term.
• Failing to disclose all assets and liabilities. Doing so can lead to consequences like legal action.

If you want to ensure a fair and equitable property division settlement, hire a top-rated family lawyer in Oakland, CA, like me!

In family law, one of the most common misunderstandings is the distinction between legal and physical custody. As a family lawyer, I am often asked to explain the inherent differences between these two kinds of custody. Since it is an important topic for parents to understand, here, I will go over the differences between legal and physical custody and how they impact the lives of both parents and children.

Understanding custody arrangements

Custody arrangements determine the specific division of responsibilities and decision making power between parents following a separation or divorce. These arrangements lay the foundation for how exactly parents will share the care of their children.

Custody arrangements vary depending on the circumstances and needs of each family. Some common types of custody include sole custody, joint custody, and split custody. Sole custody gives one parent exclusive legal and physical custody, and joint custody enables both parents to share decision making and physical custody. Split custody, meanwhile, occurs when parents have more than one kid, and each parent is granted custody of at least one child.

All of these arrangements exist to provide stability for the children, and ensure their well-being. The best interests of each child are the primary consideration in custody arrangements. The court, therefore, takes into account factors like the kid’s relationship with each parent, the ability of the parents to cooperate, and the child’s own wishes (depending on age and maturity).

What is legal custody?

Legal custody is the authority to make important decisions regarding the raising and well-being of a child. Decisions like the child’s education, healthcare, religious and cultural practices, and general welfare are impacted by the custody arrangement. In a legal custody arrangement, the parent or parents who possess legal custody have the right and responsibility to make decisions on behalf of the kid.

Legal custody can be given to one parent only (known as sole legal custody) or can be shared between both parents, known as joint legal custody. If one parent has sole legal custody, that parent has the final say on all major decisions for the child. Joint legal custody, on the other hand, requires that both parents have an equal say in important decisions that impact the kid’s life.

It’s important to remember that legal custody does not necessarily determine where the child lives. It is focused only on the decision making authority of parents. Therefore, legal custody can be seen as the framework within which physical custody and visitation arrangements are made.

What is physical custody?

Physical custody refers specifically to where the child lives, and who has the responsibility for their day-to-day care and supervision. Physical custody encompasses the most practical aspects of parenting like providing a home, meals, clothing, and transportation for the kid. Arrangements of physical custody vary widely depending on the circumstances of each family and the needs of the children.

If you need help navigating the legal complexities of a custody case, reach out to me today – a local family lawyer in Union City, CA!

When it comes to child support cases, it is of utmost importance to hire a family lawyer. Child support cases can be highly emotional and complex, and having an experienced professional on your side can help you navigate the process with confidence. Not only do family lawyers have an understanding of the legal system, but they also have a deep understanding of the emotions involved in the process. Hiring a family lawyer for a child support case ensures that the best outcome possible is achieved.

Understanding Child Support Laws

Child support is a court-ordered financial obligation that a parent must pay for the benefit of their child. When it comes to child support, many factors are taken into consideration, such as the income of each parent, the needs of the child, and the parenting time or custody arrangement. The court determines the amount of child support that should be paid based on these factors, and the payment is usually made until the child turns 18 years old.

Reasons for Hiring a Family Lawyer

While it is possible to handle a child support case on your own, it is highly recommended that you hire a family lawyer to represent you in court. Here are some of the main reasons why:

Knowledge and Experience: A family lawyer has the knowledge and experience required to navigate the complex legal system and ensure that your rights are protected. They know the ins and outs of child support laws and can help you understand your options and obligations.

Professional Representation: A family lawyer can represent you in court and advocate on your behalf. They can negotiate with the other party and their lawyer to reach a fair and reasonable agreement that is in the best interests of your child.

Time and Cost Savings: Hiring a family lawyer can save you time and money in the long run. They can help you avoid common mistakes and ensure that your case is handled efficiently. 

Avoiding Common Mistakes in Child Support Cases

One of the most common mistakes that parents make is not keeping accurate records of their finances. It is important to keep detailed records of all income and expenses, including tax returns, pay stubs, bank statements, and receipts. Failure to do so can lead to inaccurate calculations of child support payments and ultimately, a negative outcome in the case.

Another mistake that parents make is not understanding the laws and guidelines surrounding child support. A family lawyer can help you navigate these laws and ensure that you are fully aware of your rights and obligations.

In summary, hiring a family lawyer for a child support case can provide you with the legal expertise, objective advice, and professional representation you need to protect your rights and achieve the best possible outcome for you and your child. Don’t hesitate to seek the help of a qualified family lawyer like us if you need assistance with a child support case in Fremont, CA.

If you are considering a legal separation, you likely have many questions about the process and the help you need from a family lawyer. Here is a list of frequently asked questions about legal separation services from a family lawyer. 

What is Legal Separation?

Legal separation is a legal process that allows married couples to live apart without dissolving their marriage. This process is commonly sought by couples who are not yet ready to get a divorce but need some time apart to evaluate their relationship or to settle certain issues such as property division, child custody, and spousal support.

Unlike a divorce, a legal separation does not completely terminate the marital relationship. However, it does provide a legal framework for the separation, including court orders that govern the terms of the separation. 

What are the Requirements for Filing for Legal Separation?

Here are some of the key requirements:

Residency Requirements: You must meet residency requirements in order to file for legal separation.

Grounds for Legal Separation: Like with divorce, you must have grounds for filing for legal separation. 

Legal Representation: While legal representation is not required, it is highly recommended that you work with a family lawyer who can guide you through the legal separation process and ensure that your rights and interests are protected.

How Long Does a Legal Separation Process Take?

The length of time it takes to complete a legal separation process can vary greatly depending on a variety of factors, including the complexity of the case, the jurisdiction where the case is being heard, and whether or not both parties agree to the terms of the separation. 

One of the biggest factors that can impact the length of time it takes to complete a legal separation is whether or not both parties agree to the terms of the separation. If both parties are able to come to an agreement quickly, the process may be completed relatively quickly.

What are the Differences Between Legal Separation and Divorce?

Legal separation and divorce are both options for couples who want to legally separate from each other, but there are some differences between the two. Legal separation is when a married couple decides to live separately but remains legally married, while divorce is when a marriage is legally terminated.

One of the main differences between legal separation and divorce is that with legal separation, couples are still considered married in the eyes of the law. This means that they cannot remarry, but they can still benefit from certain legal protections, such as spousal support, child custody and support, and property division. In contrast, with divorce, couples are no longer legally married and can remarry if they choose to do so.

It is important to understand the requirements for legal separation in your state and to work with a qualified family lawyer to ensure that your legal separation agreement is valid and enforceable. If you’re searching for a qualified family lawyer in San Leandro, CA, contact us today!

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!