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    Asking for a Restraining Order in California

    Last updated 3 years ago

    Unlike Domestic Violence Restraining Orders, Civil Harassment Restraining Orders involve situations in which the harasser doesn’t have any close ties to the victim. In order to qualify for a Civil Harassment Restraining Order in California, you need to have been stalked, harassed, sexually assaulted, or threatened with physical violence. In addition, you and the person you want the order against can’t be married, former spouses, closely related, or romantically involved.

    You can download all of the restraining order forms you need from the California Court’s official website. Once the forms are ready, you can have them reviewed by your court’s self-help center. The procedure for actually filing the forms varies from court to court, so you should check with your local court clerk. However, you will typically take the forms to the court clerk, who will then give them to the judge. The clerk will then tell you when to return to the courthouse to find out whether or not the judge granted your request.

    Moreno Family Law handles a wide range of family law issues, including restraining order requests. To speak with a San Jose family lawyer, call (408) 266-9011. 

    If You Are Interested In Learning More About Family Law, Visit These Informative Online Resources

    Last updated 4 years ago

    Filing for divorce can be a stressful and emotional process, so it is important to have all of the support you need during this difficult time. One way to ensure that your divorce proceedings are as smooth as possible is by letting an experienced divorce attorney handle your case. Learn about filing for divorce in California by clicking on these helpful links:

    Find out why couples decide to file for divorce by taking a look at this article from MSN.com.

    Alimony laws were originally designed to punish unfaithful husbands in a time when women could not become financially independent. This article from the American Bar Association explains how these laws have changed. 

    Is permanent alimony in need of reform? Read about possible changes to traditional alimony laws in this U.S. News and World Report article.

    This Huffington Post article shares some of the most common reasons why couples decide to file for divorce.

    This page provides detailed information about spousal support obligations in California divorce cases.

    Call (888) 755-7690 to schedule an appointment with Moreno Family Law of San Jose. For more than 20 years, our divorce lawyers have helped couples navigate this difficult process.

    How to File for Divorce in California

    Last updated 4 years ago

    Even though the basic process of filing for divorce is similar, there are important variations in each state. The first step in filing for divorce in California is downloading the necessary paperwork online. After you fill out the divorce forms, you must submit them to the California Circuit Court County Clerk’s Office and pay a filing fee.

    This video walks you through each step of the divorce process in California. It also explains how to notify your spouse of your divorce petition. As you can see, there are several steps in submitting your divorce papers, so it may be in your best interest to speak with a divorce attorney before filing.

    Marilyn E. Moreno, a Certified Family Law Specialist, leads the experienced divorce lawyer team of Moreno Family Law. Call us at (408) 266-9011 to schedule a consultation in San Jose.

    How Alimony Laws Have Changed Over Time

    Last updated 4 years ago

    When alimony laws were first created, they were designed to protect a woman financially if the marriage dissolved at the fault of the husband. The theory behind this protection was that women did not earn income and would therefore be unable to support themselves in the event of divorce. Today, however, economic, social, and cultural options for women have changed, and alimony laws have evolved to reflect these changes.

    The Uniform Marriage and Divorce Act

    The Uniform Marriage and Divorce Act (UMDA) helps couples embrace the notion of no-fault divorce, because it allows couples to file a divorce petition without assigning blame. The legal minds that drafted UMDA recognized that women were gaining professional opportunities, and therefore rejected traditional roles of economic dependency in a marriage and weakened the foundation of many alimony laws.

    Rehabilitative Alimony

    In the early 1990s, alimony legislation saw changes after many people began criticizing common alimony awards from the previous decades. This legislation changed traditional alimony laws by expanding the list of factors that courts can take into consideration when awarding alimony to ex-spouses. In particular, the legislation allowed individual courts to base alimony awards on particular facts of the case as opposed to broad assumptions of traditional gender roles.

    Common Law Notions

    According to previous common laws, paying alimony was only required for unfaithful husbands who harmed their wives through infidelity. In this sense, alimony was a form of damages meant to punish the at-fault party for inflicting harm. Current alimony laws still reflect this view, as a spouse guilty of marital misconduct is not able to obtain alimony support in most states.

    If you are considering filing for divorce in San Jose, it is important to fully understand how California alimony laws will affect the outcome of your case. Call (408) 266-9011 to schedule a consultation with Moreno Family Law. Our divorce lawyers help each client reach a compromise with his or her ex-spouse, using courtroom litigation as a last resort.

    Looking at the Most Common Causes of Divorce

    Last updated 4 years ago

    In the United States, the rate of divorce still lingers around 50%, meaning that nearly half of marriages do not work out. Even though every case is unique, there are some common themes in a number of divorces. Here is a look at some of the top reasons that couples decide to file for divorce:

    Infidelity

    Even though some couples are able to work through infidelity, many people find it difficult to forgive a partner who has been unfaithful. Couples who decide to stay together often find it difficult to maintain a level of trust in their relationship. Even if the person who was unfaithful truly regrets his or her decision, his or her partner may have trouble forgetting about this betrayal of trust.

    Dishonesty

    Dishonesty does not just refer to actively lying to a partner—it also refers to hiding things and not being open in a marriage. For example, couples may end up facing problems if one party is hiding his or her debt obligations. Marriages are supposed to be built on a foundation of trust, so once someone discovers his or her partner was dishonest, it can be difficult to still maintain faith in the relationship.

    Addiction

    Addiction to drugs, alcohol, gambling, or pornography can harm a relationship. Some people conceal these addictions until their partners discover the problems later on in the marriage. Drug and alcohol addictions can harm a relationship, because they tarnish the sense of trust that someone has in his or her significant other. If one partner has substance abuse issues, the other may find it hard to rely on his or her significant other to be consistent in behavior.

    For more than 20 years, Moreno Family Law has helped San Jose residents through divorce cases. Our goal is to help our clients reach a compromise with their former spouses outside of the courtroom. If you are planning on filing for divorce, schedule a meeting with our legal team by calling (408) 266-9011.

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