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    To Learn More About Divorce, Visitation Rights, and Other Legal Issues, Click on These Links

    Last updated 5 years ago

    The attorneys at Moreno Family Law have been practicing law for over 20 years, and we are committed to helping San Jose clients achieve the best results possible in divorce, child custody, and child support cases. To learn even more about how our family lawyers can help you, click through the links below.

    Here at Moreno Family Law, we truly believe in compromise. That means our family lawyers will do everything in our power to settle before going to court so all parties can move on from a divorce. If a trial is necessary, our attorneys are experienced litigators who will fight for our clients. Call our San Jose office at (408) 266-9011 to learn more.

    What to Consider When Deciding Whether to Get a Legal Separation or a Divorce

    Last updated 5 years ago

    With the current economic downturn, many couples that want to dissolve their marriages struggle to decide how they can legally move on with their lives while still remaining in good financial standing. Each case is different, so it’s important to consult with an experienced divorce lawyer. To get started, take a look at this guide to the financial implications of legal separation and divorce:

    Health Insurance Plans

    A legal separation agreement is a legally binding pact between a married couple to resolve financial issues including child support, spousal support, and the division of assets and debt. In amicable splits, one major reason some couples choose legal separation is so both parties can remain on a single health insurance plan. If one spouse is unemployed or underinsured and has a serious illness, health care costs are a major concern.

    Tax Benefits

    Married couples have many government financial incentives to stay married. But while many couples assume that they will save money by filing joint tax returns, federal tax law can be complicated, especially when it interacts with unique state laws governing divorce and separation. Your attorney can help you decide what is in your financial best interests.

    Pooled Resources

    Couples with children often find it more affordable and convenient to remain in the same household or share resources. For example, some former spouses establish separate areas in the same house.

    Additional Concerns

    Of course, couples have a wide range of reasons why they might opt for legal separation over divorce, and not every rationale is financial. If you are considering filing for legal separation or divorce, it’s important to speak with a family lawyer who will look out for your best interests.

    For an established and caring family law office in San Jose, contact Moreno Family Law. Our team of family lawyers will do everything in our power to help you and your former partner achieve an amicable financial settlement and work out tough issues of child custody. To learn more about divorce and your finances, call our office today at (408) 266-9011.

    What Are the Visitation Rights of Grandparents In California?

    Last updated 5 years ago

    Sadly, contentious or difficult divorces often leave grandparents struggling to see their beloved grandchildren. Under California law, a grandparent can ask the court for reasonable visitation rights to see a grandchild. Be sure to schedule a consultation with a trusted family lawyer to determine your best legal options. Here is a look at grandparents’ visitation rights:

    When Can a Grandparent Ask for Visitation Rights?

    In California, a grandparent can ask for visitation rights when the parents are legally separated or obtain a divorce. In order for a grandparent to have legal standing, he or she must have a pre-existing relationship with the child that has engendered a bond. That means that the grandparent should have both established a bond with the child and that the court believes it is in the child’s best interests to continue the relationship.

    Can I Ask for Visitation if the Parents are Married?

    In general, grandparents ask for visitation rights when a couple is divorced, but there are exceptions to the rule. For example, grandparents can ask for visitation if the parents are still married but living separately, if one parent’s whereabouts are unknown, or if the child does not live with either parent.

    How Do I Ask for Visitation in Court?

    A grandparent must file paperwork with the court. There are no specific official forms for this purpose, so your best bet is to work with a family lawyer who can guide you through the necessary legal steps. When you fill out your paperwork, you will need to explain the type of visitation schedule you want, your relationship with the child, and other factors.

    Moreno Family Law is proud to offer a wide range of family law services to clients in San Jose and beyond. Whether you want to obtain legal visitation rights to see your grandchildren when the parents divorce or legally separate or you need an attorney who will negotiate the terms of your child custody arrangement, our family lawyers are here to meet all your needs. Give us a call at (408) 266-9011 today.

    Moreno Family Law Review; "I highly recommend the Moreno Family Law Firm."

    Last updated 5 years ago

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    • In December of 2012, I found myself having to fight for the custody of my two children. I looked around for the right lawyer and decided on Marilyn Moreno and her staff to handle my case. From the start they were very competent, knowledgeable and professional. My case quickly became complicated when some disturbing allegations surfaced having... More

      Eli S.

    How Does Child Custody Work in California?

    Last updated 5 years ago

    How is child custody determined in California? As you will learn in this video, when it comes to divorce and child custody, the best interests of the child come first.

    One example of a recent divorce and child custody case involves the actors Tom Cruise and Katie Holmes. In this case, Katie Holmes was awarded primary custody of their child because she travelled less and therefore provided a more stable home environment. When the children of a divorce are minors, the California court will do everything it can to minimize emotional trauma.

    If you are going through a divorce in California, you need an attorney who is experienced in complex issues of family law like child support and child custody. To speak with a lawyer, call the San Jose office of Moreno Family Law today at (408) 266-9011.

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