Law Office of Stephen W. Penn and Associates

Morgan Hill Family Law Blog

A prenup may be most important for your second marriage

If you are preparing to enter your second marriage, there may be valid reasons to consider getting a prenuptial agreement, even if you did not get a prenup before your first marriage. Some people are able to get away without a prenup when they are young, have no children and have few assets to worry about. However, your life has probably changed over the years.

Now, you may own a house, a business and a retirement account, among other assets. You may also have children from your previous marriage. Changes like these can mean that the potential consequences may be severe if your second marriage does not last. It may be uncomfortable to think about divorce when you are enjoying a new romance, but addressing your concerns with your future spouse can help strengthen your relationship before the big day.

EXPERIENCING DIVORCE STRESS? 3 WAYS TO COPE

In the long term, your divorce is likely to be beneficial to both you and your ex-spouse. In the short term, however, divorce is a stressful process that can take its toll on your physical and mental well-being. At the law office of Stephen W. Penn and Associates, we believe it is important to manage your divorce stress to avoid harmful physical and emotional effects.

WHAT IS THE DISSOLUTION OF MARRIAGE?

Sometimes, couples come to a point in the relationship where one or both parties decide that it is time for it to end. California is a "no-fault" state, meaning one spouse can dissolve a marriage without the other spouse's consent, and that no reason needs to be given to do so. We at the Law Office of Stephen W. Penn and Associates will discuss a little more about the details of divorce today, starting with the similarities and differences between a dissolution of marriage and a legal separation.

EX-WIFE ENTITLED TO HALF OF LOTTERY WINNINGS

Dividing California property and assets between divorcing spouses can be a complex matter. This is especially true if one of the spouses comes into a large sum of money after the couple separates but before the divorce is final. A Michigan man found that out to his detriment last week when the state Court of Appeals ruled that his ex-wife should receive half of his lottery winnings, which amount to more than $38 million.

WHY MIGHT I WANT TO HOLD AN ESTATE SALE?

As any California resident can tell you, it is never easy to deal with the emotional and legal aftermath of a loved one's death. You may gain an inheritance after your parents pass on, which first goes through the probate process. You may be glad to receive cherished heirlooms that belonged to your parents and grandparents, as well as clothing, jewelry, vehicles and other possessions. These items may hold happy memories for you, regardless of their financial value. However, you might not want everything that has been passed down to you from your parents, but it could seem disrespectful simply to give or throw these things away.

YOUR HOME OPTIONS IN A DIVORCE: BUYOUT, SHARE OR SELL

For divorcing spouses in California, a family home can be one of the biggest assets to address during negotiations. A home also elicits a great deal of emotion as much of a couple's life together is associated with their house, especially if they have raised children together there. There are three primary choices for a house during a divorce.

HOW CAN THE HAGUE CONVENTION HELP YOU GET YOUR KIDS BACK?

If you are a divorced California parent whose children's other parent hails from a foreign country, you probably feel somewhat apprehensive every time (s)he takes your kids to that country for a visit. What if (s)he fails to return them to you?

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  • State Bar Of California | California Board Of Legal Specialization | Stephen W. Penn
  • Henry P. Collada Memorial Award 2012