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    Check Out These Useful Websites For Additional Legal Information

    Last updated 3 years ago

    The divorce process can be emotional and financially challenging. That is why hiring a skilled family law attorney is essential to getting through the process as efficiently as possible. A lawyer can help you navigate the paperwork, hearings, and negotiations that come along with filing for divorce. Here are some useful websites that offer additional information about California family law:

    • CNBC explores the five most common financial mistakes couples make as a result of divorce. Read the list to ensure that your family steers clear of these missteps.
    • The divorced children section of Psychology Today’s website contains a number of great resources of kids implicated in their parents’ separation.
    • Do you need to file a restraining order? The California state courts website provides a helpful guide.
    • Budgeting is a skill that can help both partners during a trial separation or permanent divorce. CareOneCredit explains best practices in budget management.
    • The online news portal Huffington Post curated advice for spouses in unhappy marriages that are thinking about divorce. Click through to watch the slide show.

    If you need family law help in Northern California, look no further than the San Jose-based team at Moreno Family Law. Call our office today at (408) 266-9011 to schedule a case evaluation with a member of our staff.

    How to Obtain a Restraining Order

    Last updated 3 years ago

    Restraining orders are judicially granted petitions that forbid two people from interacting with one another for a period of time. This video explains the process for obtaining one of these documents in order to protect yourself or your loved ones from threat of injury or physical harm.

    The first step is to fill out a restraining order form or worksheet. This is often available from an attorney or the local court’s website. This form must be filed with the clerk of the court, and may require a filing fee or proof of identification. The judge can then grant an emergency order and schedule a date and time during which the victim and defendant can both attend a hearing to explain their issues.

    The process for obtaining a restraining order is different in each state, and can even vary from county to county. That is why it is important to consult a local family law attorney if you are thinking of filing one of these documents. Bay Area residents in need of help in San Jose country should contact Moreno Family Law has by dialing (408) 266-9011.

    Looking at Divorce from a Child's Point of View

    Last updated 3 years ago

    Of all of the parties affected by divorce, children are often hit the hardest by a parental split. They can internalize and hang on to the emotional pain of this process for many years to come. Thankfully, proactive parents can take steps to minimize their children’s discomfort. Here is a look at divorce from the child’s point of view:

    This is All My Fault

    When parents fight, children may feel guilty that the discord is somehow caused by their own conduct. As a result, kids often feel guilty when experiencing the emotional trauma of a divorce. This is particularly the case for boys and girls ages two though seven, who may experience high levels of egocentrism. Parents can ease these feelings by having consistent conversations about the real causes of the divorce so that children hear the same message from both sides.

    My Parents No Longer Love Me

    Another common way children internalize divorce is by interpreting the end of the marriage as a sign that they are not loved. It may seem that the parents split up because they did not care about the children and are not interested in raising them. Parents can combat this issue by spending one-on-one time with their children and reminding them that they are respected and cared for. The key may be to listen to your child, hear their concerns, and answer their questions honestly.

    Maybe I Can Fix It

    Children may think that since they were the cause of the divorce, that they can fix it by doing well in school or otherwise bringing their parents back together. Make it clear to your child that you and your former spouse have chosen to permanently end things, and ensure that this message is communicated consistently by both parents.

    Are you a parent in Northern California who is thinking about divorce? With the help of an attorney, you can work to minimize the effects the split with have on your children while your divorce lawyer takes care of the paperwork. Dial (408) 266-9011 to reach the San Jose office of Moreno Family Law and begin the journey toward happiness.

    The Most Common Financial Mistakes During Divorce

    Last updated 3 years 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 (408) 266-9011 to see how we can help.

    A Victim's Guide to Obtaining a Restraining Order

    Last updated 3 years 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 (408) 266-9011. You can also contact our divorce attorneys and family lawyers by visiting us online.

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