Last updated 3 days ago
Fights about money are one of the most common factors that drive couples to divorce. Partners going through separation can let their emotions cloud their sense of financial judgment, and may end up deeply in debt. These are some of the most frequently made financial mistakes during divorce:
Not Dividing Up Property
Depending on the circumstances of the split, one partner may feel so fed up that he or she may move out and agree that the other spouse keep all of the possessions. This can be bad financial choice because the initial abdication of rights can prevent a partner from getting these possessions back during the formal divorce proceedings. If these are high-value goods, the couple may be forced to sell the item and split the money in order to ensure equity.
Forgetting to Split Retirement Savings
When thinking about the total assets, couples may initially only look at their household goods and bank accounts. However, key parts of a family’s savings are generally held in retirement or investment accounts. If one partner took time off work to raise children (and therefore may not have a large nest egg of his or her own), the other spouse may be legally obliged to give the caretaker spouse up to half or the total retirement savings.
Neglecting Good Budgeting
The logistical difficulties of divorce may mean that one partner racks up debt when purchasing their own set of furnishings and housewares. This may leave both partners in a precarious situation if they share credit cards or other lines of credit. In the event of a lengthy divorce proceeding, one partner’s poor budgeting may mean that the other spouse will be financially liable for a portion of the bills.
The skilled legal team at Moreno Family Law has decades of experience helping Californians emerge from divorce in the best financial situation possible. If you are concerned about property division and asset protection, call our San Jose office today at (888) 755-7690 to see how we can help.
Last updated 8 days ago
A restraining order is a specific type of court order designed to protect individuals from being threatened, stalked, harassed, or physically abused. Some restraining orders, known as civil restraining orders, can give you custody of your children, allow you to order child support, and cover the safety of your property and pets. Continue reading to get the facts regarding restraining orders.
Who Can File a Restraining Order?
Any individual over 14 years of age may file for a restraining order if they have been abused by someone they are related to or have a close relationship with—such as individuals who are dating or used to date, those who are separated or divorced, and individuals who are married or registered domestic partners.
How Long Will it Take?
Once you file a restraining order, the judge will have two business days before they have to decide whether or not to grant permission for the protection request. If the request is approved, the judge will provide a temporary restraining order that lasts up to three weeks until the court hearing, after which time a permanent restraining order will be issued in about a month. However, the order will not be valid until the abuser has been served with the paperwork.
Do You Have to Press Charges?
Just because you are filing a restraining order against an individual does not necessarily mean you are pressing charges—which really only means that you are cooperating with the police who are investigating the incident. In the event that the police are called to the scene and determine that the abuser is committing a crime, the police may file charges on their own.
Have you made the decision to file a restraining order? Make sure you are getting the advice and legal representation you need by contacting the attorneys with Moreno Family Law in San Jose at (888) 755-7690. You can also contact our divorce attorneys and family lawyers by visiting us online.
Last updated 16 days ago
Many individuals think that you can only obtain a restraining order if you have been physically abused by a relative or someone with whom you have a close relationship—and while a domestic violence restraining order can achieve this, restraining orders can also protect against abuse that is spoken or written.
Harassment is defined as continued unwanted and annoying actions against a specific individual or group, and may include demands and threats. In this way, harassment falls under the definition of spoken abuse, and therefore can be covered by a restraining order. By filing a restraining order against an individual who is harassing you, you can prevent them from coming near you or contacting you in any way for up to three years.
Do you need to file a restraining order against someone? Call Moreno Family Law in San Jose at (888) 755-7690 to set up an initial consultation. Our family law attorneys can also handle divorce cases, child custody, and child support.
Last updated 22 days ago
In the state of California, there are three ways to legally end a marriage or registered domestic partnership, including legal separation, annulment, and divorce. Either spouse may decide to end the marriage and does not need the approval of the other spouse in order to do so. California is also a “no fault” divorce state, meaning that the spouse asking for divorce may do so based on irreconcilable differences rather than because the other spouse has done something wrong. This article will take a closer look at the California divorce process.
Filing for Legal Separation or Divorce
The first step in the divorce process is to fill out the necessary court forms and have them reviewed by the court’s family law facilitator or your divorce lawyer. You will then need to turn in these forms, also known as a petition, with the court clerk and pay a filling fee. If you are interested in making temporary orders for child support, spousal support, or any other issue—you will want to consult with your family lawyer for help. You will also need to complete a financial disclosures form no later than 60 days after filing your petition for divorce.
Responding to the Petition
The divorce petition will be provided to the other spouse via a process server, county sheriff, friend, or relative. Once the other spouse has received the forms, they will be given 30 days to respond. If your spouse does not respond to the petition, they are giving up their right to participate in the case or defaulting, which means your petition for divorce will most likely be granted. However, if your spouse does respond with a disagreement, you may require mediation and/or court intervention to determine the final divorce settlement, alimony, and child custody details.
For more information on filing for divorce in the state of California, consult with the divorce lawyers and child custody lawyers with Moreno Family Law at (888) 755-7690 today.
Last updated 1 month ago
According to family law, legal separation occurs when spouses sign an agreement declaring their intent to separate despite being still married in the eyes of the law.
This video takes a closer look at legal separations and divorces. The separation agreement created by the married couple is designed to outline how they will handle the temporary division of property and debts, child support and child visitation, and temporary child or spousal support. California is a no-fault divorce state, meaning that they require a period of legal separation before a petition for divorce can be filed. Watch this clip to learn more.
Whether you are planning on filing for legal separation or divorce, you’ll want to seek legal representation with a qualified family lawyer. Let the San Jose divorce attorneys with Moreno Family Law help you navigate your way through the process by calling (888) 755-7690.