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    How a Restraining Order Can Benefit Victims of Harassment

    Last updated 3 years 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 (408) 266-9011 to set up an initial consultation. Our family law attorneys can also handle divorce cases, child custody, and child support.

    An Overview of the California Divorce Process

    Last updated 3 years 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 (408) 266-9011 today.

    Legal Separations and Divorce

    Last updated 4 years 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 (408) 266-9011.

    How Division of Property and Custody in Divorce Law Works

    Last updated 4 years ago

    Divorce can be a complicated process, especially if you have substantial debts or property or if you and your spouse have children. It is generally best if you and your spouse can agree about the division of your property and about the custody arrangement. However, in cases when this is not possible, the court will intervene and resolve these issues. Continue reading to learn about how division of property and custody works.

    Custody Agreement
    Custody involves both legal and physical custody. Legal custody refers to the right to make decisions regarding the child’s welfare, education, and healthcare. Physical custody refers to the parent with whom the child lives. Parents can both have a say in their child’s life through joint custody, or one parent may be responsible with sole custody.

    Support Payments
    There are two broad categories of support payments: child support and alimony. Child support is money paid by one parent to the custodial parent for the child’s maintenance and reasonable needs. Alimony is money paid from one partner to the other, generally to compensate the partner with lower earning potential. There are a number of factors used in calculating alimony, such as how long you and your spouse were married, your individual earning potentials, your age, and how your property was divided.

    Property Division
    California is a community property state, which means that all property which is owned by both spouses is divided equally between the two individuals. Property that is owned by one spouse is separate property and is generally excluded from the division of assets. You will also be responsible for a portion of the liabilities and other property you and your spouse have incurred.

    To learn more about divorce, contact Moreno Family Law in San Jose. We specialize in handling divorce, child custody and support cases and have been helping clients for more than 20 years. If you have questions, please do not hesitate to call our office at (408) 266-9011 to discuss your case.

    Common Reasons Spousal Support Can Be Modified

    Last updated 4 years ago

    Commonly known as alimony, spousal support is meant to provide assistance for one spouse following the financial upheaval often associated with divorce. The monthly figure is determined by a complex formula that considers a variety of factors, such as the length of the marriage and the earning potential of both spouses. While spousal support may be ordered for a specified amount of time or until a certain event occurs, there are some circumstances which may warrant a modification of terms.

    Cost of Living Adjustment

    Most expenses continue to rise, even if a spouse’s support payments do not increase. There may be a clause in your divorce decree allowing for an automatic increase or you may be able to request an adjustment based on your changes in cost of living.

    Financial Emergency

    No matter how carefully costs and incomes are calculated, emergencies happen. If one spouse has a financial emergency, he or she may request a decrease or increase in spousal support.

    Cohabitation

    Oftentimes, payments can be adjusted if one party encounters a change in circumstances. Cohabitation by the recipient spouse with a new partner is one frequently cited reason for modifying spousal support.

    Disability

    Another common change in circumstances involves disability. Spousal support may be increased if the recipient becomes disabled or decreased if the payor suffers a disabling injury.

    Temporary Modification

    The courts are not insensitive to short-term problems such as illness or job loss. Your payments may return to the original amount at the end of a set period or when the short-term issue has been resolved.

    Do you have additional questions about spousal support? Contact Moreno Family Law for answers to all of your divorce, child custody, and support questions. We specialize in family law matters and have been helping clients for more than 20 years. To set up a consultation with a skilled family lawyer, call our San Jose office today at (408) 266-9011.

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