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    Top Reasons Couples Sign Prenuptial Agreements

    Last updated 5 years ago

    A prenuptial agreement is a written contract that two people may create before getting married which generally details all of the property owned by each person and outlines each person’s property rights in the event of divorce. A prenup may not sound very romantic, but many couples have good reasons for entering into such an agreement.

    Separate Property

    One of the most common reasons couples sign a prenuptial agreement is that one party has substantial property. If you have assets that you have obtained before marriage and want to ensure that these remain separate property, it may be worth your time to consult with a family lawyer.

    Business Ownership

    If you own your business, you may feel that it should be yours to run without interference from anyone else. By signing a prenuptial agreement, you and your spouse can keep the business out of the marital equation.

    Children From Previous Relationship

    It is not uncommon for people to enter multiple marriages in their lifetimes. If you have children from a previous relationship, a prenuptial agreement can protect their financial interests. Signing a prenup can also assure your children that your new spouse is not a threat to their inheritance.

    Desire to Set Terms

    Some couples do not want to rely on state law to separate their property in the event of a divorce. A prenuptial agreement will allow you to create your own rules and establish your own terms for any future divorce.

    Do you have assets or interests that you would like to protect through a prenuptial agreement? An experienced family lawyer can help you determine what can and should be included in your agreement. At Moreno Family Law, we focus on family law and have been helping clients resolve issues such as divorce and child custody for more than 20 years. Call our San Jose office at (408) 266-9011 to learn more about how we can help you.

    Learn More About Divorce and Child Custody With These Resources

    Last updated 5 years ago

    Family law can be incredibly complex, particularly regarding such volatile issues as divorce, child custody, and support issues. The following resources will provide you with helpful information about some of these topics, and will help you prepare for your meeting with a family lawyer.

    If you are considering filing for divorce or have any questions about child custody, call Moreno Family Law at (408) 266-9011. We specialize in helping clients resolve these issues, and you can trust that we will use our experience to fight for your rights

    How a Child Custody Attorney May Be Helpful in Your Divorce

    Last updated 5 years ago

    Divorce is an unfortunate reality for a number of couples. For couples with children, the issues that must be resolved during a divorce often become more complicated because of important decisions about child custody and visitation that must be made. A child custody attorney may be helpful in expediting the process for the following reasons.

    Explaining the Law

    Some parents do not understand that there are California laws in place which dictate child custody and visitation orders if they cannot reach an amicable agreement. The laws grant a preference for joint custody, according to the best interest of the child. The court is required to consider factors such as which parent is more likely to allow the child contact with the noncustodial parent.

    Advocating on Your Behalf

    The reality of divorce is that parents often have significant reasons for getting divorced. If you are trying to protect your children from the other spouse based on issues such as domestic violence or substance abuse, a child custody attorney may be able to raise these issues to advocate on your behalf. This also involves building a solid case through the use of witnesses and documentation.

    Defending You from False Claims

    Divorce can get ugly, and it is possible for parents to hurtle false claims at one another in an effort to affect child custody orders. An experienced child custody attorney can help you defend yourself from such erroneous allegations.

    If you are going through a divorce, do not wait to contact a lawyer who can advocate on your behalf. At Moreno Family Law, divorce is the primary service we provide, and we will also help you resolve issues such as child custody and visitation in conjunction with your divorce. Call our San Jose office at (408) 266-9011 to speak with a family lawyer today and learn more about how we can help.

    Divorce and How It Relates to Child Custody

    Last updated 5 years ago

    Divorce is one of the most stressful life events most people will experience, but it can become even more complicated if you and your former partner are trying to resolve child custody issues as well. Continue reading to learn more about how divorce and child custody relate.

    How Custody is Determined

    In some cases, parents are able to reach an amicable agreement when they work together to determine the best interests of their children. Unfortunately, many couples have significant and complicated reasons for getting divorced that can make it more difficult to reach an agreement. In those cases, the court will step in and create a child custody order if necessary.

    When Reason for Divorce Matters

    The reason behind you and your partner’s decision to divorce may not be a factor in the child custody order. However, there are some circumstances that the court will consider. If there is any history of family violence, substance abuse, parental neglect, or other extenuating circumstances, the court will factor in these issues.

    What Types of Custody are Available

    The good news is that custody and visitation orders can be flexible, depending on the needs of your family and the children’s best interests. California law provides for two types of custody. The first is legal custody, which involves making decisions about the child’s schooling, religious activities, extracurricular activities, and more. The second is physical custody, which deals with where the children live. Both forms can be granted as either joint or sole custody.

    Do you have any more questions about divorce and child custody? Contact the family lawyers at the San Jose office of Moreno Family Law for a capable guide through a difficult process. We focus exclusively on divorce, child custody, and support cases, and our experience in these areas shows through the quality of representation we provide to our clients. Call us today at (408) 266-9011 to schedule a consultation.

    What a Divorce Lawyer Can Do for You

    Last updated 5 years ago

    Many people assume that they do not need to hire a divorce lawyer because California law is a community property state. It is a common misconception, but the truth is that you are not necessarily entitled to 50 percent of the community property.

    As attorney Marilyn Moreno explains in this video, there are several complicated California statutes that define what is and is not community property. You can assist your family lawyer in achieving the best results by providing all of the financial documents that relate to any asset that you and your spouse have acquired. For example, if you were put on the title to your home after your marriage date, you will want to provide all of the documents related to the title.

    To speak with a divorce lawyer about your situation, call Moreno Family Law at (408) 266-9011. We encourage compromise and settlement, but we will always be prepared to proceed to trial to fight for your legal rights when necessary.

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