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Being asked to sit for a deposition in a divorce may seem a bit intimidating at first. Deponents will find themselves a lot more relaxed and in control if they know what to expect during the process.

At a divorce deposition, the deponent will be giving testimony under oath. He or she will be asked detailed questions about the case and answers will be recorded by a court reporter. The record of this process will be used to form a deposition transcript that will be sent to attorneys on both sides. In addition, a copy will be sent to the court for the judge to review at time of hearing or trial.

“It is important to remember that portions of depositions may be read aloud in court, especially if the opposing attorney is trying to demonstrate that there are discrepancies between your deposition and your testimony in court. Due to this, you’ll need to make sure you answer questions carefully and honestly,” noted Maggio.

Before being deposed, a deponent needs to review the case with his or her divorce attorney. This includes a careful review of any complaint, petition or affidavit that has been submitted to the court as part of the case. This also includes the original pleadings and any affidavits submitted as part of any motion. In addition, you will want to review any responses that the party has made as part of discovery. In a divorce proceeding, a party may have answered interrogatory questions by providing notarized responses to the opposing attorney. Finally, the deponent will want to review any financial documents such as paystubs, tax returns, or lists of monthly expenses that have been provided to the court or to the opposing counsel. The opposing attorney will generally question each item that appears on a party’s list of monthly expenses to determine if the claimed expenses are legitimate expenses and to understand how these expenses were determined.

“The deposition process does not need to be difficult for deponents in divorce cases. A careful review of all documentation involved in the case and a discussion with your divorce attorney can make the process go much more smoothly. If a deponent is familiar with the facts of the case, he or she will be able to answer questions without difficulty,” stated Maggio.

During a divorce deposition, the deponent has three main responsibilities: to listen carefully, to understand what is being asked, and to answer each question honestly and carefully. Deponents will answer the questions a lot more easily and confidently if they don’t succumb to pressure and take their time with each question.

“Remember that while you must tell the truth during a deposition, you will not be expected to have the answer to every question that is asked of you. In addition, you will not be expected to know all the facts of the case. You’ll only be expected to answer each question to the best of your ability,” noted Maggio.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

Collaborative divorce is a way for a couple to get divorced without going through the contentious process of litigation. The goal of a collaborative divorce is for the couple to end their marriage in a peaceful way and to create a plan for the future.

Collaborative divorce is a combination of the mediation and litigation alternatives. The first key factor of a collaborative divorce is an agreement by all parties involved that no one involved will pursue litigation or threaten to pursue litigation. Instead, the parties must agree to amicably work toward an appropriate settlement agreement that is in everyone’s best interest.

“A court battle often results in a display of hostility that can be damaging to families, especially to children. Using the collaborative divorce process is a way to avoid this hostility and foster a sense of cooperation that will protect a family’s interests,” explained Gerald A. Maggio, an Orange County divorce attorney.

In a collaborative divorce, each party hires his or her own team to assist throughout the process. The team consists of an attorney and a psychologist that will be the party’s representatives throughout the collaborative divorce. In addition to these individuals, a financial specialist, usually an accountant, is jointly retained by the parties to assist in the financial items involved in the dissolution. Also, if there are children involved in the case, a child life specialist will be retained as well. Usually this individual is another psychologist who assists in determining custody and visitation matters.

Once these parties have been identified, the collaborative process involves a series of meetings between these parties to reach agreements that are in the best interest of all interested parties, including the children. During a collaborative dissolution, the parties have more control of the process than they would during litigation. This is because they are involved in the decision making each step of the way. Instead of litigating the matter and putting life changing decisions in the hands of a judge, the parties are responsible for making the decisions that will determine their lives.

Collaborative divorce has a great chance of success if all parties agree to work together to achieve a fair outcome and follow the appropriate procedure. In choosing this option, all parties involved can proceed with their lives with much less disruption than other alternatives provide. “The atmosphere of a collaborative divorce is respectful and causes much less stress than traditional litigation. While a collaborative divorce is not right for all couples, it is a viable option for many couples who have children and are concerned with their continued emotional well-being,” noted Maggio.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

In a divorce, it can be children who suffer the most. The upheaval that divorce causes can have a lasting effect on children’s lives, so it’s important for parents to try and minimize the impact of divorce on their children.

Every member of a family struggles to get through a divorce. It’s not just the parents who have a hard time adjusting to the new situation. To ensure that your children adapt to their new family dynamics during and after a divorce, there are several actions you can take.

Start by telling your children the truth about your divorce. Children need to understand that their parents’ decision is final and is not something that is up for debate. When explaining divorce to children, you will want to consider their age. Younger children may not need as many details as older children will require. You should, though, encourage questions from your kids about your divorce. Open the communication lines early, so they can tell you about their feelings now and in the future.

When explaining divorce to your children, you will need to make it clear that the divorce was not their fault. All too often, children end up believing that their parents have split up because of something they have done.

You should make sure to tell your children about upcoming events or life changes they will experience as a result of the divorce. Telling your children about these events, activities, and schedules earlier rather than later will allow them to adjust to these changes more smoothly.

Working with the other parent to set consistent rules is also important during a divorce. The goal should be consistency, and parents should work together to enforce rules that the kids have been expected to follow all along. This will be particularly important if children begin to act out as a result of the divorce. If children act out by misbehaving, parents should seek to validate their feelings first. Your children’s bad behavior may be a result of the anger, sadness, and confusion they feel regarding the divorce.

One of the most important things you can do during a divorce is spend quality time with your children as often as possible. This means you should allow for no distractions when you are devoting time to your family. Spending this quality time with your children can help them through many of the issues the divorce might cause.

A family law attorney can offer you a wide-range of advice on minimizing the impact of a divorce on children.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Going through a divorce is a stressful event that can significantly impact your future, but you don’t have to let your divorce ruin your life. There are things you can do now and later to minimize the emotional impact of your divorce.

Regardless of whether you or your spouse started the divorce proceedings, it is important to take the time to recognize the positive things that may result from your divorce. You can overcome the emotional challenges of divorce by looking at things differently. You should think of your divorce as a new beginning, a chance to start a new chapter in your life. Take the opportunity to try new things, such as creating hobbies and discovering new interests. The busier you are with your life, the less time you have to think about the past and the challenges of a divorce.

Amicable divorces usually end with a better result than those that are hostile. To avoid stress, you should try to put aside any negative feelings you have for your former spouse, especially if you have children together. You should also avoid saying negative things about your former spouse. Negative talk doesn’t make things any easier for any party involved. If you have children, it’s especially important not to talk badly about your former spouse. You should not make your kids a sounding board and should do everything possible to prevent them from getting stuck in the middle of the divorce.

Another thing you can do to minimize the emotional stress brought on by a divorce is to ask for help from your friends and family. During any difficult time in your life it is important to have a social network available to support you, and divorce is no different. You should seek to surround yourself with loved ones and allow them to help you through the divorce process. Family members are not the only ones you should trust during your time of need. You should also enlist the help of attorneys, mediators, therapists and financial planners. These trusted professionals can also help you through your time of need.

You can also cope with the emotional challenges of divorce by believing in and standing up for yourself. While you should seek to end things with your spouse amicably, it does not mean you should not stand up for yourself. You should get what you deserve by standing your ground on issues of child support, spousal support, property division, and other issues impacting your children.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Most health insurance plans don’t cover autism. That may be about to change based on a bill being considered in Missouri.

Autism is far more common than we realize, but what many people don’t realize is that most health insurance plans do not provide coverage for this neurological condition. Generally speaking, since each autistic individual is different, autism causes them to have mild to severe problems communicating with others and also struggle with social interactions. In many cases, the most opportune time for intervention is in early childhood and working with a variety of programs that will help them to be able to live a near normal life.

As you might expect, treatment for this disorder runs to the tens of thousands of dollars each year and most parents don’t have access to that kind of money. Sadly, most health insurance plans won’t cover it either. However, there is encouraging news on the horizon, in the form of a bill in the works in Missouri that would require many health insurance carriers to cover autism.

The legislation mandates health insurance plans to cover up to $45,000 annually for applied behavioral analysis therapy (from a licensed provider) for kids under 18. To avoid the possibility of fraud from people posing as therapists, or less than honest therapists wanting to cash in on the insurance wagon, the state is planning on creating a new licensing process. If the bill is signed by the governor, the new rules would roll out on the 1st of January, 2011.

One of the other benefits of this bill is that it includes an annual adjustment of the cap that is tagged to inflation. While it sounds good on first read, those with autistic children do need to know there are some potential catches. Those catches would be that the law would only apply to group health insurance plans regulated by the state; that would mean plans bought through small to mid-sized companies.

For larger corporations, ones who self-insure, this bill would not apply, as they are federally regulated. For any small business that has fewer than 50 workers, an exemption may apply if they prove that the mandate caused their rates to rise over 2.5% the previous year. In a nutshell, there will be various options that include autism coverage for treatment and for diagnosis, but this will not be attached to all of the plans sold in the state.

This is great news that may have many other applications nationwide if the bill proves to be a success and keeps the overall health care budget down, thanks to early intervention allowing those with autism to live a fairly normal life.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

Going through a divorce can be a difficult time for couples. Not only must they decide on an attorney to hire, but they must also consider whether a divorce can be handled through mediation rather than litigation.

Mediation is a practical option that can offer couples a chance to end their marriage in the spirit of cooperation rather than hostility. Once mediation is chosen as an option, the couple will work with a mediator to reach an amicable resolution of any issues that remain at the dissolution of the marriage.

“Mediation can offer couples the opportunity to end their marriage in a manner that minimizes stress and maximizes cooperation. During mediation, both parties can work together to achieve a positive outcome where both parties get some of what they want,” explained Gerald A. Maggio, an Orange County divorce attorney.

One of the most common reasons couples choose mediation is because it is less expensive than litigation. A couple will need to hire only one person to assist them in their divorce, rather than two separate attorneys. It is a flexible, inexpensive way for a couple to end their marriage without much conflict.

Mediation is also a good choice for couples because it offers them a greater degree of control than other options. When couples choose to pursue litigation, all of the decisions regarding their future rest in the hands of a stranger who really does not know their situation and personal circumstances.

“If divorces are settled through litigation, a judge will be responsible for making decisions that will affect a family’s future. A judge will have limited time to hear the details of each divorce case and cannot carefully consider how a decision will affect a family in the long-term. Mediation, on the other hand, offers families the flexibility to take as much time as necessary to consider how these decisions will impact their future,” indicated Maggio.

A divorce can have a traumatic effect on children, and pursuing mediation instead of litigation is often easier on them. When choosing to use a mediator, it can help families move forward in a way this is amicable. Children will not be subjected to a bitter battle in a court room, and the couple will be able to work together to find the best solution without putting the children in the middle. “Placing children in the middle of difficult divorce proceedings could impact their ability to have healthy relationships and may cause them to suffer emotional problems that can carry into adulthood. Mediation allows parents to discuss important decisions in an arena that is less stressful on child,” added Maggio.

Mediation is also a great option because it does not limit couples from going to court. If a couple is not satisfied in mediation and cannot come up with a solution that fits both parties, they can stop at any time, retain separate attorneys and have a judge decide their important issues.

Mediation is not the only alternative to an unpleasant divorce experience, but it is an option that deserves serious consideration. A family law attorney is an excellent choice for a mediator, as he or she will know and understand the rules of divorce and will understand the type of decisions a judge could make, if the matter has to be litigated. A divorce attorney serving as a mediator can also prepare the necessary documentation to complete the divorce process in the court.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

When filing for a divorce in California, there are a number of different documents you should provide for your attorney, so that he or she can know how to best proceed in the matter. Depending on the issues involved in your case, you may wish to produce documents that date back approximately a year prior to the date on which you separated from your spouse through the present time. In some cases, you will need to provide documents that date further back. If this is the case, your attorney will advise you regarding exactly which documents are necessary.Getting all of these documents together before you file for divorce will help your attorney speed-up the divorce process. In addition, it will help preserve critical evidence that may be needed to resolve your case. You should gather the following documents:

• Individual income tax returns from the past three to five years (federal and state)
• Any business income tax returns from the past three to five years (federal and state)
• Proof of your current income (Including W-2 forms, 1099 forms, and recent pay stubs)
• Prenuptial agreement, if one exists
• Bank statements
• Retirement account statements
• Stock portfolios and options
• Pension statements
• Credit card statements
• Any existing loan documents
• Utility bills and other bills (tuition, medical bills, etc.)
• Life, health, automobile and homeowners insurance policies
• Real property deeds for each property you or your spouse own, or any properties owned by any entity that you have an interest in
• A detailed list of personal property, including jewelry, home furnishings, artwork, electronic equipment, clothing, etc. If you and your spouse own any particularly valuable or unique items you may wish to photograph them and inventory them and perhaps obtain an appraisal.
• List of real property and assets owned by each spouse prior to marriage
• Wills, trusts, living wills, powers of attorney, durable powers of attorney

It is important to remember that this list is not exhaustive. Your family law attorney may require additional documents from you. The more of these documents you can provide, the easier it will be to proceed with your divorce.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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Long-term spousal support in California cases can be amended or terminated under certain circumstances. Supporting partners have a number of different options available to them, if they wish to pursue a modification or termination of the support they provide.

In most cases, long-term spousal support can be terminated or modified at any time during the support period. The only instance when this is not true is when there is a written agreement by the parties expressly stating that spousal support is non-modifiable. In the absence of such an agreement, the court generally retains continuing spousal support jurisdiction and can decide to terminate or reduce spousal support in later court proceedings.

If the court assumes continuing spousal support jurisdiction, then the court may grant a request to modify spousal support if the supporting party can demonstrate a material change of circumstance since the most recent court order outlining the spousal support. When reviewing a modification or termination request, the court will consider the following factors:

Reducing Support if Spouse Is Self Supporting - The California Family Code emphasizes that even in long-term marriages, defined as those which last 10 years or more, the supported spouse has a duty to become self-supporting within a reasonable amount of time, which is considered to be one-half the length of the marriage. Generally, if the duration of the marriage is less than ten years, a supported spouse is expected to become self-supporting in half the length of the marriage. Modification or termination of the support can be ended before this time. If the spouse has not made any reasonable efforts to become self-supporting, you may ask the court to terminate the spousal support. If, on the other hand, your former spouse has actually increased his or her earnings, you will be able to present evidence of this in court and argue that he or she now has a reduced need for support.

Reducing Spousal Support Based on Obligations - In some cases, the supported party’s separate estate, including any and all assets allocated to him or her in the community property division, and its reasonable income potential, may be enough for you to seek a reduction or termination of previously awarded spousal support.

Other Factors that affect Modification of Spousal Support include:

Remarriage - Unless the parties have made an agreement in writing, a spousal support order automatically terminates when the supported party gets remarried.

Cohabitation - Cohabitation may also be a basis for seeking a modification or termination of a spousal support order. If your former spouse is cohabitating with a member of the opposite sex in a romantic relationship, you can request that the court order a termination of support or a downward modification of support.

Retirement - The retirement of the supporting party may be sufficient basis to receive a termination of support; however, it will be important to prove that the supporting spouse has a right to retire and is not choosing early retirement.

Whether you can terminate or reduce your existing spousal support obligation depends upon the unique facts and circumstances of your case. If you are considering modifying or terminating your spousal support order, you should contact a family law attorney who will review your case and advise you on how best to proceed.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

If you have been a victim of domestic violence, you have a right to look to the Court for protection. There are several different types of restraining orders that can provide domestic violence victims with this kind of protection.

Being a victim of domestic violence can be a stressful and traumatic ordeal. However, there are legal ways to ease the stress and trauma by ensuring that further harm does not come to the victim. A domestic violence restraining order is a court order that protects a person from being abused or harmed by another person.

To qualify for a Domestic Violence Restraining Order you must have a relationship with the person you are seeking the order against. This relationship must be one of the following:

• Married Couples (sometime known as Spousal Abuse)
• Couples who cohabit
• Persons who have a child or children in common
• Persons currently in a dating relationship or who were in a former dating relationship
• Persons who were formerly married to each other

In California, the victims of domestic violence can obtain three different types of restraining orders: an Emergency Protective Order, a Domestic Violence Temporary Restraining Order, or a Criminal Protective Order.

An Emergency Protective Order (EPO) is issued by law enforcement and is only valid for a short amount of time, usually less than one week. This type of restraining order is particularly useful for victims of domestic violence, as it provides them with immediate protection after an incident has occurred. These types of restraining orders usually arise when the police have responded to a domestic violence call.

A Domestic Violence Temporary Restraining Order (TRO) is another short term restraining order valid for no more than 21 days. While these restraining orders only cover a short period of time, they can be made permanent for 1 to 3 years. The purpose of a TRO is to provide the victim with protection until a hearing can be held and a permanent restraining order can be issued.

A Criminal Protective Order can be obtained through the District Attorney’s office and is issued in active domestic violence criminal cases. Under this kind of restraining order, the individual the order is issued against is not to have any contact with the victim.

Each type of restraining order must be court-ordered, so you will have to go to court to prove your domestic violence case. It is important to have an attorney who can represent your best interests. An experienced family law attorney will ensure that all of the proper documents have been filed, will be able to handle any questions a judge might have, and will help you deal with any unusual circumstances that arise.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Same sex couples face unique legal challenges when they decide to become a family with children. While California allows same-sex couples to adopt, the process can be long and difficult.

The adoption process is often difficult even for heterosexual couples, and same-sex couples face even greater challenges when it comes to adoption. In California, GLBT adoption and second parent adoption are legal and can present significant legal and social challenges for same-sex couples.

Gay and lesbian couples often decide to bring a child into their lives through conception and birth. For a lesbian couple, this involves finding a male donor or visiting a sperm bank and then having one member of the couple become pregnant. In such a partnership, the other parent can then become a legal second parent through stepparent or second parent adoption. Gay men can also become legal parents of a child through the use of a surrogate mother.

Having a child through conception and birth can be a long and difficult process, so some prospective gay parents choose to go through the state system. For these prospective parents, success in adopting from the public child welfare system greatly depends on two things: the state adoption law and the attitude of the adoption agency being utilized. In California, state law protects prospective gay and lesbian parents from discrimination during the adoption process. It is illegal for public agencies in California to reject adoptive parents on the basis of their sexual orientation.

While the law provides some protection for prospective gay and lesbian parents, it does not guarantee that prejudices don’t exist within the agencies. Social workers who are not comfortable with homosexuality may determine that the prospective adoptive parents are unsuitable for a number of other reasons. Private agencies, on the other hand, establish their own set of criteria for prospective adoptive parents. These agencies may consider age, fertility status, marital status, religion and sexual orientation when making adoption decisions. Same-sex couples, then, may not have as much success in finding a private agency that is open to adoption by homosexual parents.

Raising a child can be one of the biggest decisions in your life, so it is important to know all of the legal ramifications of such a decision before engaging in the legal process of adoption. If you are a same-sex couple considering adoption, you should contact an experienced family law attorney who can help you through this difficult and complex process.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.