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California family lawyerRestraining orders, also called protective orders, are designed to stop harassment, sexual abuse, and physical abuse. Commonly, restraining orders are used to protect one family members, or intimate partner, from another. There are four types of restraining orders in California, and three aspects to each, which are described below. If you or a loved one is being harassed, stalked, or otherwise abused, a restraining order may be necessary. A Los Gatos family law attorney will be able to help you file for a restraining order so that protection begins as soon as possible.

What Will a Restraining Order Accomplish?

Under California law, there are four types of restraining orders:

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California family lawyerIn the course of American cultural discourse, one becomes familiar with the concept of a premarital agreement. Strangely, however, there is less familiarity with two other relationship-related agreements: 1) postnuptial agreements, and 2) cohabitation agreements. This is especially the case with regard to the latter, which pertains to unmarried couples. If you are unmarried but living with your partner, it may be wise to consider entering into a written cohabitation agreement to make clear the present and future support intended or not intended. In creating a legally effective California cohabitation agreement, rely on an experienced Saratoga family law attorney.

Specifying Support and Separate Property in a Cohabitation Agreement

In modern America, some couples commit to one another while explicitly choosing to remain apart from the institution of marriage. Sometimes this decision is entwined with a rejection of the patriarchy. Other times, the choice is intuitive – personal rather than political. When a union not formalized through marriage dissolves, however, the division of the union’s economic community – its assets and liabilities – can become contentious and complex.

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California divorce lawyer, California mediation attorneyThankfully, the United States and California have come a long way when it comes to marriage regulations. Now for most circumstances, no matter the makeup of your current romantic relationship, you are legally able to marry. The process is much the same as a marriage and provides the same benefits, which is why so many couples are choosing to make their relationship legally recognized through domestic partnership.

The Benefits

California state statutes say,

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Posted on in Family Law

California family law attorney, California divorce lawyerAnnulment, divorce, and legal separation all have one thing in common: the two parties within the marriage or domestic partnership are no longer together. As far as commonalities, the split is just about the only similarity these divisions share. In a legal separation, the two parties are divided but not free to marry someone else. In divorce, both sides become legally single while still recognizing the existence of the marriage. Annulment wipes the board clean and makes it as though the marriage never legally occurred.

Why Choose Divorce?

Divorce in California requires one side to declare they believe the marriage suffers from irreconcilable differences. Both parties do not have to agree, and if one wants to exit the union, the court will grant their wishes. However, despite the prevalence of divorce within the United States, some people feel a stigma still exists, leaving them to for another option. For either personal or religious reasons, many of these individuals choose to wipe the slate clean entirely.

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Posted on in Family Law

California divorce attorney, California mediation lawyerA rising number of couples are turning to in vitro fertilization for child conception. Many use this methodology to conceive after years of difficulty. Recent scientific studies show that IVF significantly increases the likelihood of conception. Meanwhile, other future parents choose this alternative as a way to preserve their ability for when they are more financially stable and able to care for their beloved child. However, a lot can happen between the egg retrieval and the time at which the eggs are utilized. Sometimes, couples need to go their separate ways through divorce litigation or mediation. Do these frozen embryos qualify for custody arrangements or property division?

Why Is This an Issue?

There currently is no legislation in California regarding the usage of embryos after a divorce. The downfall to this is that each court then must decide the outcome based simply on the facts of the case, without taking into consideration the emotional or physical needs of either individual. As an embryo is a fertilized egg, meaning it has DNA donated from each biological parent, and many fertility clinics require a contract from both sides before completion of the procedure. There is often a clause in this contract indicating what to do with the embryos in the event of a divorce. Unfortunately, we are not all born with the capabilities of seeing into the future, and at the point of signing, these two individuals are often so full of every other emotion, divorce is not the forefront option. Within many of these contracts, couples readily agree to destroy the embryos should a divorce occur.

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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