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.

None of us like to think about how a divorce would unfold in our lives, but the fact of the matter is that nearly 50% of marriages end that way. It’s a given you will lose your spouse (even if only in name) by the end of the process, but what else do you stand to lose?

You might have your own idea of what a fair division of property in a divorce would look like but, in the State of California, you might be in for an unwelcome surprise.

Community Property vs. Equitable Distribution

California is a “community property” state – one of nine in the United States. A community property state considers all assets acquired during the marriage to be considered community property and subject to an even 50-50 split in the event of a divorce.

That means if you scrimped and saved your pennies to come up with the down payment for the house and your paycheck pays the mortgage, your spouse is still entitled to half after you part ways. The Camaro you bought to celebrate that big work promotion– half belongs to them. Everything and anything, regardless of each individual’s contribution, is split 50-50.

Equitable distribution states, on the other hand, seek to divide assets “equitably,” often looking to do what’s “fair” instead of “equal.” This leaves the court to answer questions on what is fair when a 50-50 split is not followed.

If you’re getting a divorce in the East Bay Area, expect community property to provide the guidelines for what will be divided during the divorce. A Family Law attorney will be able to help determine what will be split if the decision is left to the court.

What’s Mine Stays Mine

If you’re the breadwinner of the marriage, it seems unfair to give up half of your assets, especially if you feel your partner is the reason the marriage failed to begin with.

California is tricky, since community property seeks to make the division of property and assets simple and easy, but there are ways to walk away with a bigger share if it’s what you rightfully deserve.

A Family Law attorney will be able to review your specific details and work to secure what’s right for you. Questions you may have:

• Is it possible to reach an agreement through mediation?
• Am I able to convert certain marital assets to separate assets if they are rightfully mine?
• What happens to property I purchased before marriage, but still made payments on during the marriage?

Even with community property as a practice, there are things that might change the outcome depending on the situation, details, and judge reviewing the proceedings.

Bagner Law, PC

Don’t guess what you’ll walk away with in a divorce. Call Vonnah Bagner of Bagner Law, PC and get some answers. Her years of experience have given her incredible insight on divorces of all kinds and how they tend to unfold in the State of California. She will do her best to ensure you receive the outcome you want and the outcome you deserve.

Contact Bagner Law, PC today for more information.

If you have family woes, and you don’t know what to do, Vonnah Bagner is the attorney for you!

Breaking up is not the hard part – it’s what happens next that can be difficult to navigate, especially when children are involved.  

When it comes to deciding the correct custody arrangement for your children, it can be even more difficult to discern what is right and what will be fair. The difficulty is compounded by the fact that custody cases often involve two people with heightened emotions, resentment, outright hatred, or downright disgust.

You want to do what’s best for your children, but sometimes it’s hard not to see red when your future ex-partner enters the room. That’s why choosing the right Child Custody or Family Law Attorney is critical.

Luck Favors the Prepared

If the breakup is relatively peaceful, it’s prudent to hire a qualified Family Law attorney to ensure everything that you and your former partner agree upon will be executed officially as the divorce is finalized.

On the other hand, if you’re stuck at the starting line squabbling over who will have what time with the child(ren), it will be exceedingly difficult to get through any part of the process, let alone complete it.

You might feel as though you’re on the brink of war. That’s okay; they are not called custody battles for nothing – they are typically tumultuous. If you are going into battle, however, don’t go empty-handed. Hire a qualified Family Law attorney, like Vonnah Bagner of Bagner Law, PC, as your secret weapon to help you stack the odds in your favor.

What a Family Lawyer Does for Your Child Custody Battle

Whether you’re in mediation seeking to amicably arrive at an acceptable compromise or headed into court to hash it out the hard way, a great Family Law attorney is your best resource at all stages of the process.

Your attorney can prepare you for Mediation by discussing with you what strengthens or weakens your case, and what to shy away from.  Your attorney will provide you counsel and strategy on the path to secure the optimal outcome.

If you’re going into court, however, the gloves come off. Your lawyer will fight tooth and nail to get you the result you desire, the result you deserve! As a legal professional, your attorney knows what cards to play, when to play them, and how to lead you to victory in the long run.

Don’t let your heightened emotions get the best of you. Hire a seasoned professional to handle the matter with level-headed confidence.

Bagner Law, PC, At Your Service

Find out what makes Vonnah Bagner of Bagner Law, PC your best Family Law Attorney in the East Bay Area. She brings years of experience in family matters of all kinds, including ample expertise in child custody cases.

Call Bagner Law, PC today and find out more.

If you have family woes, and you don’t know what to do, Vonnah Bagner is the attorney for you!