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    Why a Prenuptial Agreement May Be in Your Best Financial Interest

    Last updated 3 years ago

    Prenuptial agreements are no longer reserved for wealthy couples looking to safeguard their considerable assets. According to a poll conducted by the American Academy of Matrimonial Lawyers, 73% of divorce lawyers witnessed an overall increase in prenuptial agreements between 2005 and 2010. With the divorce rate still lingering around 50% and more women entering the workplace, a growing number of couples are finding it in their best financial interests to make plans in case of divorce.

    Determining whether to get a prenup
    Creating a prenup isn’t always about money. Prenuptial agreements can cover a range of non-financial issues, such as who gets custody of the pets. Couples can also include a clause on handling their affairs upon death. In today’s economy, many people are getting married with credit card debt or student loan debt to their name. Signing a prenup helps protect the other person from sharing responsibility for that debt if the marriage ends.   

    Talking about a prenup
    Prenuptial agreements were traditionally considered unromantic because they involve making plans if the marriage is unsuccessful. In reality, marriage is a contract, and signing a prenup helps clarify certain agreements within contract. For a couple to seriously broach the subject of a prenup, it’s best to talk about it as soon after the engagement as possible.

    Creating the prenup
    Once a couple agrees to create a prenup, the next step is to consult with a family lawyer, even if the prenup is relatively simple. If a couple creates a prenup without the help of an attorney, the court might not actually recognize it as legitimate, even if it is notarized.  

    Moreno Family Law has more than 20 years of experience practicing family law. Whether you would like to learn more about preparing a prenuptial agreement or you would like to file for divorce, we can help. Call (408) 266-9011 to schedule an appointment in our San Jose office. 

    Filing for "No-Fault" Divorce in California

    Last updated 3 years ago

    In California, there are three options available for ending a marriage or domestic partnership—divorce, legal separation, or annulment. Either spouse or domestic partner can choose to end the marriage, and the other partner or spouse doesn’t necessarily have to agree. If the spouse or domestic partner who didn’t file for divorce decides not to participate in the case, then the petitioning partner will still be able to get a “default” judgment and successfully divorce.

    California is considered a “no fault” divorce state, meaning the person asking for the divorce doesn’t have to show that the other person did something wrong. In order to achieve a no fault divorce, the petitioner has to state that the couple is no longer able to get along. The legal term for this is “irreconcilable differences.” It’s important to note that the California court system doesn’t give preference to the first person to file for divorce. This means that being the respondent in a divorce case isn’t necessarily a disadvantage. 

    If you’re considering filing for divorce in San Jose, contact Moreno Family Law at (408) 266-9011. Our firm has more than 20 years of family law experience, and our compassionate divorce attorneys will fight for your rights every step of the way. 

    Tips for Talking to Your Partner about Signing a Prenuptial Agreement

    Last updated 3 years ago

    Signing a legal document that outlines how you and your spouse will divide your assets in the event of divorce isn’t exactly a romantic gesture. After all, you and your spouse are likely marrying for love, not money, so it can be difficult to justify working out the financial details of a potential break-up. One way to approach the subject is by focusing on how a prenuptial agreement can help your marriage in the long run.

    Build a foundation in your marriage
    It’s never a bad idea for you and your partner to fully disclose your financial information before getting married. As much as marriage is a social and spiritual contract, it’s also a financial contract in which you are merging your assets, incomes, and debts. Even just talking about a prenuptial agreement can help you and your partner get a better sense of your financial lives together. This can help make your marriage stronger, as money tends to be a huge source of contention between couples when it isn’t dealt with openly.

    Improve your personal financial security
    If your partner has brought up the idea of drafting a prenuptial agreement, it’s important to focus on how it can also help you protect yourself financially. Even if you aren’t bringing as much income or assets to the marriage as your partner, a prenuptial agreement can help you negotiate a deal to enhance your financial security in the long run.

    Override state laws
    It can be really hard to predict how a judge will divide your assets and debt obligations in a divorce case, so signing a prenuptial agreement helps take out this uncertainty. Also, in the event your spouse’s death, you aren’t guaranteed the same financial protection from his or her family without having an already drafted agreement.

    For more than 20 years, Moreno Family Law has been handling San Jose divorce and family law cases. If you’re considering drafting a prenuptial agreement, our family lawyer team can help you reach an effective compromise. To schedule an appointment with one of our compassionate family lawyers, give us a call at (408) 266-9011. 

    How Can a Restraining Order Protect You and Your Family?

    Last updated 3 years ago

    Also known as a protective order, a restraining order is a court order that protects someone against abuse, threats, harassment, or stalking. In California, the person requesting a restraining order is referred to as the “protected person,” while the person who the order is against is called the “restrained person.” The person getting the restraining order can also include family or household members as protected persons.

    Personal conduct orders
    Personal conduct orders specifically prohibit certain behaviors against the people named in the restraining order. Common behavior included in personal conduct orders includes calling, sending messages, or stalking. Personal conduct orders may also bar more violent behavior such as attacking, battering, or sexually assaulting the protected person. Violating the restraining order can lead to jail time, fines, or both.

    Stay-away orders
    Unlike personal conduct orders, stay-away orders don’t ban certain types of behavior. However, they required the restrained person to keep a certain distance away from where the protected person lives or works. Usually, this distance is between 50 to 100 yards. The restrictions outlined in stay-away orders can extend to vehicles, places where the protected person’s children go, and any other important places that the protected person frequents. This means that a stay-away order can affect a restrained person’s ability to see his or her children.

    Residence exclusion orders
    Residence exclusion orders are issued when the restrained person and protected person share a home. This order requires the restrained person to move out of the protected person’s place of residence, taking only clothing and personal belongings. Residence exclusion orders are typically asked for in cases of domestic violence or elder care abuse. In all restraining order cases, the restrained person is also typically banned from owning or buying a gun.

    If you would like to learn more about the different types of restraining orders you can ask for, contact Moreno Family Law at (408) 266-9011.  Our firm believes in settling family law cases, but we are prepared to litigate on our clients’ behalf. We have more than 20 years of experience focusing in family law issues.   

    What Happens During a Domestic Violence Restraining Order Hearing?

    Last updated 3 years ago

    A Domestic Violence Restraining Order protects against abuse from someone whom you have a close relationship with. A close relationship refers to marriage, domestic partnerships, prior romantic history, or family members you are related to. You can ask a court for a Domestic Violence Restraining Order if someone you have a close relationship with abuses or threatens to abuse you.

    In this video, two California family court judges explain what happens during a Domestic Violence Restraining Order hearing. Specifically, they explain where you will sit during the hearing and what questions will be asked of you. Depending on your responses to the judge’s questions, he or she will either rule on your case or send you to family court mediation.

    The San Jose divorce lawyers of Moreno Family law can help you prepare for a restraining order hearing. Call (408) 266-9011 to schedule an appointment.

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