Like all POAs, this legal instrument grants another person, called the “agent,” the authority to make decisions that only you would otherwise be able to make. If you are not immediately reachable during a time-sensitive situation, whether a life-threatening emergency or a more routine matter, the parental POA allows your trusted agent to make decisions for your child on your behalf.

An example of such a situation is a case of a medical emergency, perhaps a broken limb or appendicitis. Another is an activity that requires parental consent, such as a field trip for school or a visit to the go-cart track with friends. In these cases, a parental POA allows your agent to provide consent, preventing delayed medical care or exclusion from activities.

Like any POA, a parental POA is highly customizable in terms of the scope of authority granted and its duration. Sometimes a simple note is sufficient, but this more robust option can give you greater peace of mind and flexibility. If you plan to leave your child in the care of another for any significant length of time, speak with your estate planning attorney about a parental power of attorney.

Contact a divorce attorney and Brandon family law lawyer with the Olivero Law To learn more, visit http://www.brandonlawoffice.com/

What it means to go it alone

Choosing to ‘do your own thing’ during divorce mediation may seem like the civilized thing to do, but it can be quite the opposite if you aren’t careful. When things start out, you may feel you’re in control and know your spouse better than anyone else, which is why you’re best qualified to handle the mediation. While that may be true, there are times when an objective third party helps. While a divorce mediation specialist is all that, they don’t have your interests as their only focus – they are equally invested in the outcome for your spouse. A divorce attorney on the other hand, has one goal – getting the best deal for you.

Negotiating muscle power

Divorce mediation requires a lot of back and forth between both parties, and sometimes contentious issues may reach a stalemate. A good divorce attorney may be more skilled at negotiating a better deal for you and getting the buy-in of your soon to be ex as well, a step critical to the mediation process which requires a ‘mutually agreeable’ outcome.

Why legal help matters

When a divorce lawyer comes on board during the mediation, quite often, they may uncover common issues that may have slipped through the cracks. having worked on hundreds of cases they are aware of potential problem areas that may not even have crossed your mind. Little issues that could flare up like details of what happens if one parent gets a new job or relocates to a different state in the future.  They can also offer insight on legal ramifications or possible outcomes, should a specific issue be taken to court.

A divorce lawyer is well trained in the area of documentation and paperwork related to divorce, as well as the intricacies of divorce law. Even of you and your spouse are able to talk your way to an acceptable solution, you may not have the legal expertise to create a document that holds in court. A legal expert will find the flaws or loopholes if any, and ensure the final agreement is watertight. A divorce mediation specialist can take you towards that solution and help you find that common ground, but ultimately, you will need to consult a lawyer to get things in order and to be done with your divorce as swiftly as possible.

Ideally, reach out to a reviewing or consulting divorce attorney with a background in mediation to be able to arrive at the most optimal solution that’s also valid and covers all bases.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Divorce mediators just want to end the mediation fast

While it might seem like the primary goal of a mediator is to simply close out the discussion and help you arrive at a seemingly acceptable solution fast, the reality is that a mediator simply helps you to discuss your issues more amicably so that your chances of closing the matter are better. That could take just as long as any other process, it is just that a mediator gives you a platform that’s neutral where you and your spouse feel like you are on equal footing and have a voice.

Mediation is not an option for an estranged couple

While it is true that mediation will not be easy for a estranged couple, it is certainly not impossible. Divorce mediators are specially trained professionals whose very skill is to get couples who are not willing to talk to one another, to open up about their issues and work together towards a settlement or agreement that is acceptable. Mediation is actually a huge help and bridges the gap for couples who find themselves unable to speak to each other, and gets them to open up and engage in dialogue.

A court settled divorce may be more ‘fair’

In fact, both parties have a better chance of actually getting their point across in front of the mediator than they would in court where everything is left to the discretion of the judge and your attorney’s abilities. The judge will have to make their ruling based on the facts presented and the strength of the argument and evidence and testimony presented before them in family court. This may not swing in your favor, and may sometimes not even be ideal for both of you. A divorce mediation may end up giving you a more ‘fair’ closure to your divorce because it is something you will be convinced of, or will negotiate during the mediation.

A mediator is just going to try and save the marriage

A divorce mediator, even with a background in counseling, is not there to save your marriage. Mediators work with the assumption that you have done what you can and have approached them to help with the process of moving on. Their focus will be on helping you and your spouse come to some decisions on finances, children and other critical aspects of the divorce, so that you may get on with your life after divorce.

The court is the best place to win a child custody battle if your case is strong

No matter how strong or watertight your case might seem, a skillful divorce attorney could make an equally compelling case for your spouse to get sole custody. Because a court based decision is by its very nature confrontational it could even push an otherwise neutral spouse into getting aggressive and unreasonable. To make matters worse, your children may have to witness all this unpleasantness or even be called to give their testimony or be subjected to questioning as part of the court’s process. Instead, divorce mediation can help you and your partner come up with a parenting plan that is best for the kids and doesn’t leave either of you out in the cold.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Articulating what you both think your child’s abilities and needs are

The best place to start is to be clear that you both agree on what the child can and cannot do for themselves and the degree of assistance or care they will need. This will cover the additional help needed at home, school or with counselors.

Choosing who the child will live with

Deciding on who gets custody of the child, and whether it will be sole custody or joint custody, are hard decisions to make even with kids who don’t have special needs. When you factor in the unique needs of a special needs child, this decision becomes even more critical to the well being of the child. it will be important to put your child first when you decide on where he or she will stay. For a child with autism for instance, pulling them out of a familiar environment will make an already difficult situation harder. Try and work it out so that the parent who will be responsible for the child stays on in the family home. Don’t shift neighborhoods if you can avoid it, so they continue going to the same school and are not uprooted from a familiar social circle.

Working out a plan for adulthood

With special needs kids, the need for parental support may last well into their adult years. Provisions must be made for the emotional and financial well being of the child and decisions made on what happens once the child becomes an adult. Insurance plans may also be needed to offer them additional protection in the event of the death of the primary caregiving parent.

Alimony, child support, and public benefits

While working out alimony and child support, keep in mind that your child may need financial support even as an adult, in some cases this is a lifelong need. You will also have costs related to additional care, counseling or special medical treatment. However, you may also be eligible for public benefits.

Estate planning

Work through what happens in the event you or your ex pass away.  How will the estate be handled? Will there be someone appointed to oversee managing the estate? Work out these details to ensure you secure future for your child who may need to live off their inheritance from you and your ex. Detail what happens should either of you remarry and have kids.

Wherever possible try and consult with a divorce attorney familiar with special needs cases. They will be able to guide you on the role of Medicaid or SSI, special needs trusts and other benefits that apply to your situation, to ensure the best outcome for you, your spouse and your special needs child.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Lay ground rules

Use your first few sessions to work out the details of how you will manage things durign the divorce process itself. Decide on who will take care of various expenses on running the home and servicing any shared marital debt during this time. Make this official by drawing up an agreement that holds for the duration of the mediation or until the divorce is final. That way you hold them to their word with the law on your side. If you have children, then decide on a temporary parenting plan and visitation schedule as well.

Meet only during mediation

Avoid any kind of contact with your spouse other than during mediation. In the neutral environment of the mediation, you will have the safety of another adult present to prevent things from getting out of hand. It will also ensure you are protected by confidentiality law that applies to the mediation process. In case you have children together and need to interact, keep that to the bare minimum. Do not engage in discussions outside of the divorce mediation meetings. Ensure any communication with a difficult spouse is only done in writing to avoid any misrepresentation of facts later. Consult your divorce attorney before putting anything down on paper or on an email.

Take a deep breath and avoid direct confrontation

A difficult spouse knows exactly what pushes your buttons and then goes ahead and does just that. Avoiding falling into their trap, even if it means holding back a bit. Losing your cool will be detrimental to the divorce process and could cause the mediation to fall through or might see you making some rash decisions in the heat of the moment to get them off your back. It may be exactly what your estranged spouse wants and you will be walking right into their carefully laid trap.  As hard as it may be, you will need to be the calm one in all of this. Remember, they may be acting up because they feel threatened and insecure. So stay confident and use the help of your divorce lawyer and work with the mediation expert to get through to a solution that’s acceptable.

Ask your mediator for a caucus 

If things get especially heated or you are failing to make any progress on a particular issue, the mediator can have separate private discussions with each of you to move things along. This can help if your spouse is refusing the budge on an issue, and you are firm on your stance too.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Time taken for pre-divorce spousal support judgments vs. modifications

Spousal support modification needs you to go through a similar set of processes and steps as the procedure followed for the initial support order/judgment during the divorce. And the reason behind the need to follow the same procedure, is that by suggesting there is a need for changes to the judgment already in place, you or your ex believe that something has changed. In other words, the financial situation or circumstances have deviated quite drastically from the time the divorce came through. Which means that you will need provide proof of the new economic situation on either side, the need for the change, and urgency for such a change.

Unlike the original process which may have taken anywhere from six months to a year, the modification can be a little quicker in some cases. Especially if there was a clause in the original order that required say ‘$1000 to be paid with a review in 5 years’, then the process is smoother and therefore, faster.

Why it takes time

A spousal support modification doesn’t happen overnight. Hard though it might seem, having jumped through hoops the first time around, you can bypass any of the steps for the change. In fact, you will need to ensure you provide adequate cause for modification of the terms, a ‘material change in circumstances’. Even if the initial agreement did not prevent modifications, a judge may show some reluctance to make a change if the spousal support payments had bearing on how the other aspects of the agreement were settled.

In addition, if your ex disputes their income status or expenses, or contests the change, you will need to first make a case or settle the dispute or let a judge decide as your attorneys battle it out in court.

Changing spousal support in emergencies

There are two scenarios where the spousal support modifications may need to be dealt with more urgently. If you are in a tight spot, having lost your job and have alimony payments that are due shortly, be sure to raise this with your attorney so that they do not accumulate as huge arrears due to your ex when you do get a job. If you are the spouse receiving the support, and have a huge change in your situation, medical emergencies or other reasons for needing a fast change to the amount you get, again, you will need to be sure to flag this off upfront, although courts often find financial issues to be non-emergencies if an ex parte request for relief is sought.  Be sure to consult your divorce attorney to fully understand your options.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Retirement Savings

Worries about your 401(k) and other retirement plans become more immediate when you go through a divorce after retirement.  Be sure that your divorce attorney is familiar with working on QDROs or Qualified Domestic Relations Orders. This separate court order deals with how retirement benefits are split during a divorce.

Be sure to involve your retirement plan administrator so you fully understand the terms of your plan. Learn about tax penalties as well as breaks on these penalties, check on survivor benefits and whether those hold even post divorce, find out if you can take a hardship withdrawal when needed, whether you have entitlements on contributions made post divorce, and get clarity on other specific concerns you might have.  For civilians that had a spouse who served in the military, also find out if the military retirements benefits you had been getting when you were married will continue as part of the Survivor Benefit Plan.

Don’t forget to check if your spouse has loans on the 401(k) that will need to be paid off before the funds can be split.

Social Security

With things like Social Security, the rules are fairly clear cut, with details available on the SSA website. For marriages that are 10 years or over, where the surviving spouse is 60 plus, and the survivor’s own retirement benefits are lower than their spouse’s, they become eligible to receive survivor benefits of 100% against their ex’s Social Security benefit. While both partners are alive, for those aged 62 and up, you are eligible to get as much as 50% of your ex-spouse’s benefit without impacting their benefits.

Your Home

Divvying up proceeds from the sale of the family home or deciding which spouse gets to keep it can play out differently when you’re 50-plus. As you grow older, you get certain tax breaks from the government which could be a game changer. Exclusions from gains when you sell the home, as well as deductions on mortgage interest will also be critical factors when you’re a senior.

You also could potentially earn rental income by letting out your home, if you choose to move into a smaller place or a nursing home. After 62, you become eligible for a reverse mortgage that can get you an additional income stream. For anyone qualifying for receiving public benefits like Medicaid, having a primary residence works in your favor.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Legal advice

You may want independent legal advice from a divorce attorney to determine what your legal rights are and if a proposed resolution is in your best interests.

To finalize the paperwork

Both you and your partner need to come to certain agreements before the finalization of the divorce deal, which need to be incorporated into a final stipulated judgment.  Unless the divorce mediator is also a family law attorney versed on the law and capable of drafting a solid, enforceable judgment, either you or your spouse need to have legal counsel prepare the final Judgment based on the agreements of the parties.

To intervene when appropriate

Sometimes it is helpful for a party’s attorney to contact the mediator to clarify their client’s desires in the mediation or terms of settlement, or to sit in on divorce mediation sessions to help the party understand terms and rights.

It remains a fact that the employment of mediation in divorces could significantly enhance the speed of the process and consequently reduce the hardships. So, appointing a lawyer as a mediator is much better than appointing a lawyer for proceeding on a litigated divorce case.

Ultimately, it is up to the preference of each party in a divorce mediation as to whether they want their own divorce attorney on the case to advise them, although it is not mandatory to do so under any circumstance.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

QDROs: The earlier the better

A Qualified Domestic Relations Order (QDRO) must often be drawn up to divide key retirement assets and avoid tax implications in the division of such assets.  In case your divorce is finalized before this has been agreed to, you may later discover that something you had banked on in is not implementable and you have no recourse since the divorce is now final. For instance, if you hope to get a lump sum payment from their pension plan, but discover that the plan won’t make a single big payout and will instead draw out payments across several years, you may find yourself stuck without the money when you need it. And you won’t be able to rework the plan to get other assets in lieu of this either.

The devil is in the details

One common error is to look at the account at current market conditions and define a set dollar value that a partner gets without mention of market or earnings/losses impact. Later, if the account is worth much less (or more) at the time of maturity, it could result in one of the two getting more (or less) than their fair share. For instance, an account with $250,000 dollars today with the wife due to get $125,000 might seem fair. However, if the account is suddenly down due to the volatility in the economy, the entire account may only be worth $150,000 and she will end up with $125,000 and her partner with a paltry $25,000.

Consider tax implications

It is important to look at the tax implications of whatever agreement you finally come to. Work with a financial consultant if need be, or better yet, hire an attorney with expertise in this area.  An IRA division for example, will have to be specifically labelled in the agreement as a transfer incident to divorce, to avoid tax on the transaction. If you don’t you and your ex may end up owing taxes in addition to an early withdrawal penalty in some cases. And all to fund your ex’s share of the money.

Hire the right divorce attorney

Not all divorce attorneys have the time to focus on retirement assets, because much of their attention will be geared towards handling what they see as bigger issues like child custody or spousal support negotiations. For instance, they will need to be well versed with QDRO law.  This will mean they need to have expertise in drawing up agreements on things like pensions and 401 (k) as well as other retirement assets. They should be able to distinguish between the nuances of both. While the former will involve looking at things like what pension they will draw as a surviving spouse, the latter may have to factor in market losses and earnings.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Temporary Support

Temporary alimony is usually given during the time the divorce proceedings are underway.  It is created to help a non-working spouse or someone who needs the financial support of their partner, to get through the months leading up to the actual divorce when a more permanent solution will be decided upon.

When is temporary support granted?

This kind of alimony or spousal support is typical of the period of separation or in cases where the marriage annulment has been applied for, besides the more conventional divorce proceedings stage. A document called the Request for Order is to be filed at the local family court, after which both spouses must then submit Income and Expense Declarations. This declaration contains all financial information on each of them and is used to determine the financial status and needs of each spouse. While there are specific guidelines in place in each state, the exact case is dealt with at the discretion of the court where the financial motions are filed. The court may choose to not grant temporary support or temporary alimony at all, and in cases where alimony is granted temporarily, the terms are decided by the court.

Permanent Alimony

Once a divorce proceeding heads to its final stages of closure, the court will decide whether the particular case requires conditional/short-term alimony to be granted or if a more permanent solution is required. The latter is usually chosen if one spouse has no income and the duration of the marriage is suitably long. It is also up to the divorce attorney of the spouse seeking alimony to ensure all necessary documentation is presented to support a case for this kind of permanent alimony. If one partner has given up their career to support the marriage and bring up the kids and will find it near impossible to get back into the workforce, it could make a case for permanent alimony. Ultimately however, whether or not permanent spousal support depends on the negotiation powers and prowess of your divorce attorney and the discretion of the judge.

The connection between temporary and permanent alimony

No matter how extensive the background work was in determining the temporary alimony, this is not used to ascertain the terms of the permanent spousal support. In essence, permanent and temporary alimony are two completely separate court mandated orders. One does not have bearing on the other.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Do go in with an open mind

Being flexible and keeping an open mind is underrated when it comes to divorce mediation. If you approach the process as something that you must succeed at together, as a team then you will get the job done. Head in like it is a battle and no one will win.

Do go to a counselor together before divorce mediation begins

Use the divorce mediation to work out legal and financial intricacies. A counselor can help you work through the negativity and emotions so that you can approach the mediation more clinically.

Do treat the mediation differently than a court battle

A mediation is meant to be just that – a discussion of two opposing views, to find some common ground so a mutually acceptable solution can be arrived at. In this case, an agreement on child custody, the division of property and other assets as well as alimony payments or spousal support if any. It is neither the right time nor the right platform for a full scale mudslinging battle with your spouse, even if you are the wronged party. Focus on the goal – getting to a solution – rather than on the person across the table from you.

Don’t expect too much of your spouse

Equally dangerous is erring on the side of too much faith. Your lingering love for your soon to be ex, could be dangerous as you second guess your decision. However, remember, your spouse might not be in the same headspace as you, and may not share your feelings. Don’t be blindsided because you failed to do your own homework and relied on their goodness to do the best for you. No one else has your best interests at heart at this time, barring your divorce attorney (if you hired right).

Don’t expect miracles to happen in court

While the divorce mediation process may seem futile at times, keep at it. It is a much more level playing field where you have a say in the final decision and agreement. Once a case goes to court, you will need to rely on the discretion of the judge and the ability of your divorce attorney against your spouse’s legal team. And once the court has made their decision you will have to live with it. Remember, things may not always go your way even if you think you have a watertight case.

Don’t resort to ranting on social media

Social media is a great place to vent, but hold back until the divorce proceedings are complete. Things you say there are visible for the world and your spouse’s friends and family to see. Something you say in the heat of the moment could come back to hurt your case in mediation or court. It is best to have these discussions offline, one-to-one in confidence with your divorce attorney or trusted friends and family only.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

How experienced are they?

You may have heard the saying old is gold. In jobs such as that of a lawyer the more experienced the lawyer means generally the better. When you sit down with a lawyer for your first consultation before actually hiring them make sure you know about the amount of experience they have in this field. An Orange County divorce lawyer that has a wealth of experience behind them will generally know the tricks of the trade. Also it’s best to make sure that their experience as a lawyer was in the field of Orange County divorce and not some other field.

What areas of law do they regularly practice in?

Some lawyers specialize in cases of an Orange County divorce and other family law issues, while others do a number of other fields such as bankruptcy etc in addition to these fields. The wider the service area of a lawyer the less dedicated they will be to a particular aspect. To be able to get the best results in your divorce case, a dedicated lawyer that only deals with family law and divorce cases will be a better bet.

The mode of communication during the case

Even before you have hired a divorce attorney you need to sit with them and talk about the mode of communication you’ll take during the case. Communication is an integral part of a divorce cases and it is the only way that you and your lawyer can set up strategies and update one another on the happening of the case.

The seriousness of the lawyer in discussing the communication channels and methods with you will highlight their seriousness and mettle to handle your case.

The strategy to Use

When you go to a divorce lawyer even before you have hired on, its best that you lay down the facts of the case in front of them. Once you have done so, ask them to comment on the prospective outcome of the case, you chances of victory in the case and the strategy that they would adopt to get the result in your favor. A good lawyer may not give you all the details in the first consultation but they may outline a rough sketch of the strategy. If the strategy seems workable to you, you can go ahead and hire the lawyer.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Hiring a professional

DIY divorces may seem like a good idea at the time, saving you any outflow on lawyers. A caveat here is that while you could navigate the complicated filing yourself, the next steps aren’t as easy as you would imagine. negotiations are something experienced divorce attorneys are well trained in and extremely good at. They will serve your best interests at the negotiating table and will not let emotions derail the process. Without their counsel and skill, you may actually end up paying more in spousal support the long run and wipe out any savings you might have made during the divorce process.

Get a divorce attorney you can trust

Soldiering on with a divorce attorney or team you don’t think is good enough is not a good idea. If you feel your attorney is not what you expected or is incompetent – switch. Fail to do that and you may end up with a raw deal on spousal support and find yourself bogged down with huge payments. A divorce attorney who doesn’t have your best interests at heart will happily stand by and watch divorce mediation deteriorate waiting for the case to head to courts to rack up big legal bills for you.

Work with a divorce mediator

A divorce mediator will help you work out the gray areas. While basics like rent, food and clothing will be taken care off, it is the ‘extras’ like out of pocket medical expenses that you will need to negotiate on. By deciding on these areas out of court, you are much more in control and have a say in the final agreement. Not to mention the saved legal expenses. If you take your case to court, you will need to leave the decision on alimony to the discretion of the judge and lose that control you have.

Don’t forget about the taxman

There’s a third person in this divorce who is often ignored when working through financials. Be sure to consider all tax implications of whatever arrangement you come to on spousal support.  If you don’t you may find yourself paying crippling amounts of taxes and living off very little even though the actual spousal support amount was what you had agreed on to begin with..

Discuss a time limit or other alimony options

Explore the option of temporary alimony to help you spouse get back into the workforce or stabilize financially. In some cases, a lump sum alimony may be what works better for you – discuss this option with your divorce attorney and financial adviser. Agree on a timeframe for alimony payment even if it is not court mandated.

Think of alternatives

You don’t always need to pay out huge sums in spousal support if you can come to some other agreement,. For instance, your spouse may be okay to accept a lower or temporary alimony if they get to keep the family home.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Not all states treat adultery alike

The law varies depending on where you are. Understand the intricacies of divorce law and the impact on your settlement with the help of your divorce attorney. In some states like California, adultery has little or no bearing at all on the divorce. If you live in a no-fault state like California, then you should be able to proceed as normal and no proof of adultery will be demanded.

How adultery impacts Spousal Support or Alimony

If you are the one accused of adultery in a no-fault divorce state like California, there is generally no impact on the ability to seek spousal support. However, if cohabitation with that person occurs, it can affect the amount and/or ability to obtain spousal support.

Division of Financial Assets in a divorce involving Adultery

How the financial assets are divided and the terms of the settlement are in general, not influenced by whether or not one partner or both have committed adultery. The only instance where it could come into play is if the family’s finances and assets were impacted or utilized for supporting the adulterous relationship. In case the family wealth was eroded to support this relationship, the betrayed spouse will make a bid for some form of compensation.

Special circumstances

In case you contracted an STD and passed it on to your spouse, you may find yourself vulnerable to personal injury action lawsuits. It is therefore, best to come to an agreement within the purview of the divorce proceedings and settlement and prevent things from getting out of hand.

Ultimately though, the divorce settlement will be most influenced by your own emotions, guilty and feelings towards your soon to be ex spouse. If you are feeling bad about what you did, you may agree to give in a little more and let your spouse get a better deal.

Gerald A. Maggio is a trained divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Not being honest about financial information

For the divorce process to move along smoothly, do not cover up or try and hide information on assets, income and marital debt. Be sure your estimates for expenses accurately reflect your expected life after divorce. Remember, as part of divorce litigation you may be requested to share some information in the discovery stage of the process. Should this occur you will be obliged, by law, to disclose all information. If you try and hide some information which your spouse’s divorce lawyer discovers later, it could be used against you in court.

Working from the heart

As much as marriage and love are affairs of the heart, divorces need to be worked out with the mind. Emotions can – and will – get the better of you even if you had hoped for the most amicable parting of ways ever. It is ideal to work through the details of questions likely to be discusses, including contentious issues, with your attorney or a counselor before you sit down to work out an agreement with your spouse and their divorce attorney.

Expecting too much

Be realistic in your expectations. The truth is that the benefits you had by combining both your incomes or even managing one household on a single income will go away when you try and split up the funds. Both sides will need to accept that some degree of financial cut back on lifestyle will need to happen.

Not knowing what you have

Doing your groundwork in preparation for the divorce proceedings is important. Keep an inventory of assets – be sure to include all valuable possessions, not just the obvious big ones like property and cars. If you go in uninformed, an estranged spouse and their attorney could well give you a deal with less than your fair share and you will be none the wiser. Equally important is estimating accurately your future expenses, and keeping in mind the tax implications of all these decisions.

Not putting things in writing

During a divorce, verbal agreements are not enough. If your spouse and you come to an agreement on any issue, in a personal conversation, be sure to have to recorded or drawn up into an agreement or a legal document. For instance, you might have decided that you would accept lower spousal support in exchange for getting the proceeds or ownership of a shared property. Later, you could wind up with lower alimony and just half your share of property if you haven’t drawn it up formally.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Divorce Mediation

During divorce mediation, a neutral third party who is a mediation expert is called upon to work with the couple and their attorneys. He/she guides the pair towards an agreement and has the final divorce settlement agreement signed off. This makes things a lot less sticky for you and your spouse as things are handled without much mud slinging – vital if you foresee having to interact with your spouse in future as well, especially if you have kids together. The process is discreet and isn’t as expensive as going to trial. You also have a say in the final agreement, unlike when the court decides based on the presented evidence in a divorce trial. Just have your divorce attorney go over it with a fine toothed comb to make sure it is drafted properly and is watertight as far as the law is concerned.

Collaborative Divorce

In a collaborative divorce, both husband and wife must sign agreements with attorneys, that also mentions that the attorneys must withdraw and new attorneys must be signed on if the litigation is jeopardized in any manner or a settlement is not reached. You will have discussions with your attorney, your spouse with theirs, and then you will meet with them and your spouse together. The idea is to arrive at a final agreement/settlement with the aid of your divorce attorneys. If a financial expert is needed, a divorce financial planner is called upon. When a final agreement is mutually agreed on, you are typically required to go before a judge in court where he/she will sign off, making the agreement legally binding. Not unlike mediation, disclosures are purely voluntary, so a spouse may try and conceal assets.

Divorce Litigation

Divorce litigation is not as unusual as the name might indicate. In fact, this is becoming the norm for most divorcing couples today. The bulk of such divorces are settled out of court without actually going to trial, so don’t be scared off by the word litigation. You will, as in the case of divorce mediation or a collaborative divorce, require the services of a divorce attorney. This is a safe route if you suspect your spouse of concealing assets, being domineering, or if you have been the victim of domestic violence or abuse. And that’s because there is a legal mechanism which your attorney will exercise to make it mandatory for your spouse to respond to specific lists, disclose assets and share information. It also allows you to make a case for yourself and with the help of an experienced divorce attorney who is skilled at negotiations, get a fair deal.

Going It Alone

Divorce is an alienating experience on its own, without adding the pressure of managing the paperwork and legal side of things by yourself. When it comes to things close to your heart, deciding the fate of things that were once part of your shared life, emotions can run high. The calm, balanced perspective of a third party – your divorce attorney can bring a measure of structure to things.

In addition, should you find yourself embroiled in heavy arguments and if you are unable to come to a mutually agreeable plan with your now estranged spouse, a divorce attorney who is well versed with divorce mediation and trial proceedings can help swing things your way. More than anything else, knowing you have a shoulder to lean on, and someone with the right legal expertise by your side, you will sleep easier.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Be prepared – mentally and emotionally

How effective the divorce mediation is for you to get what you want – whether it relates to finances, property, or even the custody of your children – hinges on how well prepared you are. Having a run through of sensitive topics before you actually get into a joint session will be crucial to how you conduct yourself during a face to face meeting with your estranged partner.

Your divorce attorney or a friend can help you go over this through some role play so you know how you will handle some of the tougher questions that come your way. It will also help you prepare valid logical points to support your stance, something you may find hard to do on the fly in the heat of the moment.

Make a list

Make a master list of all items you own both individually and jointly. Besides bigger items like property and vehicles and bank accounts, insurance policies and investments, you will also need to carefully list out high value household electronics, art and jewelry.

Set priorities, and prepare for a little give-and-take

Know what your must-haves are, which you will not compromise on no matter what. Have a secondary list of items which you may be willing to let go off, or trade for some accommodations made by your spouse. Also know the easy wins that you can give your spouse to secure some bigger wins for yourself.

Have all your documents ready

It is likely you will need to discuss finances and income details. Put together a dossier of all relevant information on anything that is likely to come up in the mediation. You will find yourself on stronger footing if you are armed with all the information to back you up.

Get the right help

Hiring a good divorce attorney can make all the difference, especially when it comes to divorce mediation. An experienced divorce lawyer will be able to guide you through the process, explaining where you may need to compromise and helping you push back when you need to, so that you arrive at a settlement that is largely what you wanted.

Equally important is the divorce mediator you hire. Find someone with a good track record on helping couples reach amicable and lasting solutions. Understand their background, experience handling similar cases and don’t just rely on looking at their qualifications on paper.

With the right team and adequate homework, you stand a good chance of achieving the goals you set for yourself before the mediation began.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Attempt to arrive at an agreement: If you are now facing the challenge of going through a divorce litigation, this means that other means to come to an amicable solution with your estranged partner have failed. However be sure that you have done all you can to come up with a reasonable or at the very least a realistic solution that the other party will likely agree too.

File a Petition for divorce: The first step is to file an Original Petition for Divorce identifying you and your spouse and naming any children who will be impacted by the divorce. The partner initiating the divorce is called the petitioner and the other the respondent. After the respondent is served the papers, they will need to respond within 30 days.

Get temporary orders: During this time you must find a good divorce attorney to represent you. If either party wants to get protective orders or restraining orders this is when it is to be done. Some couples may request a temporary order to permit or prevent access to funds or property as well as determine temporary possession of minor children, and provide for child support and spousal support.

Discovery: 

• This phase begins with disclosures – documentary requests sent by attorneys representing both parties, requesting specific items/response, to be closed out within 30 days.
• A ‘Request for Production’ will also be made, where documents are obtained by attorneys for their clients using this legal mechanism. This includes but is not limited to statements of income and bank statements among other things. Be prepared to encounter major delays at this phase as your spouse and his/her attorney do not produce the documents needed. Be patient and wait it out, this delay tactic is normal.
• You will also be called upon by the attorney of your spouse, to make a deposition and your lawyer will take a sworn testimony from your spouse as well. It is important to understand that anything said during this deposition is permissible for use in court, so choose your words carefully.

Divorce mediation

This process is used to help both parties arrive at an agreeable solution out of court. Failure to arrive at an agreement will result in the course going to court. It is important to engage the services of an experienced divorce mediation attorney to give yourself a shot at getting the best possible deal in this otherwise difficult time.

Trial

If you are among the relatively small number of people whose divorce goes to trial, work closely with your divorce attorney to understand how to conduct yourself in court. Prepare a strong case and handle yourself well to improve your chances of a favourable outcome. You will be called on to testify under oath, and after examining all the evidence, the judge will arrive at a decision and make both you and your spouse sign off on a decree of divorce. Details relating to division of property, custody of the kids, any child or spousal support that is to be paid, as well as other contested areas, will be stipulated.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Are you are looking to go through an Orange County divorce? Here is a list of some question related to lawyers that you need to ask them before deciding on which lawyers to choose.

How long will my divorce case take?

Divorce cases can typically be of two types, one is simple and the other is complex. Simple cases of divorce will typically end in a shorter span of time as opposed to the more complex ones that may take longer. Any divorce lawyer that has been asked this question will typically take a look at the issues and conflicts involved in your case before deciding. Some cases may have conflicts on asset division, child custody and the amount of support to be paid. Such cases can often take longer.

How much would it cost?

The cost of divorce will largely depend on the lawyer, on the other party’s tactics, and on the complexity and amount of issues to be decided.  Yet no lawyer will be able to answer the question accurately. It is impossible to predict the precise outcome of a divorce cases. What the lawyer can tell you is whether they are going to charge you a flat rate on a per case basis or will they charge on an hourly rate. Typically they will outline the expected payments for both and you will be allowed to choose which mode of payment you are more comfortable with.

What is the best way to win the case?

This question is a detailed one, and not always one easily answered.  You are asking them about the road map that they will follow to make sure your interests are protected. Some cases will be simple and may only require straightforward agreements for separation drawn up, while others may be more complex. It is in those complex cases that the lawyers will need to have strategy and a road map for success.

How long have you been a divorce lawyer?

The family law legal community is a relatively tight knit group and most lawyers will know the judges and the law, which is obviously beneficial for your case. An experienced lawyer will often have the background that will help your case, while an inexperienced lawyer on the other hand may have considerable ability, but the fact that they are new could work against your case.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Here is a list of some of the steps that you can do to make the selection process easier for you.

Start with the First Phone call

When you call a law firm, what is your purpose? Is it to talk to the secretary or an administrative executive? Or do you want to speak with an experienced divorce attorney (or have an appointment set up with them), who is willing to listen to your case and help you with respect to your situation. While some lawyers are desperate enough to talk to their clients on the phone, some like to talk in person. Most top Orange County divorce lawyers prefer to talk to their clients in person and charge a fee for it.

In Person Consultation

Always remember you should take an Orange County divorce attorney’s legal advice since they are the only ones legally permitted to give it. If you visit a law firm and meet only with someone who is not a lawyer, that someone cannot give you legal advice.  It makes absolutely no sense to sit in a room and discuss your divorce case’s facts with someone who isn’t a qualified lawyer.

If They Sugar Coat It, They Aren’t The Right Lawyer

Your whole case, and in lieu of this your future, is in the hands of your divorce lawyer. In such a case, you would want someone that is clear about what he or she wants to do and is capable enough of addressing any issue to raise with respect to the divorce process. Another important trait in a quality Orange County divorce attorney is their ability of being to be honest. A wide variety of lawyers will try to lure you into paying for their services by making lofty promises and unachievable claims.

Choosing a good divorce lawyer is a multilayered process that has many stages. The best way to find a good, competent, and committed divorce attorney is to take the process one step at a time and not jumping to conclusions.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Why does the fear of divorcing a spouse who is a lawyer exists?

The primary reason that this fear exists and holds you firm in its grasp is because of your sense of intimidation to your spouse. This sense of intimidation stems from the fact that all during the marriage and even when looking for divorce, you tend to consider your spouse intellectually superior to you.  The fact that you know your spouse is a lawyer has led you to believe that they have some other legal tricks already planned to ruin you. This however is illogical and not practically possible; all this shows is the level of control they continue to have over you.

How to manage and eliminate this fear?

As long as you have this sense of fear inside you that your spouse is a lawyer, there is very little chance of you getting your divorce right. The best way to make sure you have the right divorce is to manage that fear or even eliminate it. Here are a few ways that you can try and get rid of this fear of divorcing a lawyer spouse:

• You should know that you have hired a competent lawyer and the faith in that lawyer will lessen your fear of being outfoxed and outmaneuvered in a family law court.
• Always remember that no matter how good, famous or intellectual your lawyer spouse is, the primary fact is that they are equal in front of the law.
• Don’t assume that your spouse knows anything more about family law than you or your divorce attorney does.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

In situations like this though, when you get the services of a divorce attorney, one of the first few things they are likely to do is to make sure you go through with divorce litigation. We have already established how certain matters in divorce are emotionally charged and litigations on such issues go a long way in creating unbearable rifts between the spouses. Why would a lawyer suggest you litigation? Divorce litigation can be used by lawyers to charge hefty legal assistance costs by billing you for each hour that your case goes on for.

Imagine there are children involved in the divorce, what would they feel and see when they experience the sense of bitterness and cut throat competition between their spouses. The next best alternative to children, instead of having both their parents to be there with them all the time, is to be co-parented with each parent coordinating with the other. This is unlikely to be the result if the parents continue to battle it out against one another during the litigation proceedings.

Fed up of all the litigation process that you and your spouse are going through to get solutions for your divorce?  Divorce mediation is an alternative to litigation method. This method allows you to keep control over your money, assets, life, and the final decision that you are going to take in terms of asset and family distribution. There are a lot of secrets in the lives of most spouses that they want to continue to keep under the wraps; the best place where that is possible is divorce mediation. The divorce mediation process is in between the couple and the mediator and no one else, which means the personal information will continue to stay personal.

The process of divorce mediation is based on the principles of cooperation and coordination both of which not only save time and money, but they also allow the spouses to have certain cordial relations which can help in keeping the parenting equation balanced. In addition to the fact that divorce mediation, as a process, allows a peaceful transition for married couples to divorced status, the neutrality of the mediator is also another plus point for this method.

Gerald A. Maggio is a trained Riverside divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

What will he/she want to know about my assets?

Assets are an integral part of the financial side of your life and in divorce cases, the financial side along with child custody are the two most fought over topics in divorce proceedings. There are certain aspects regarding your assets that your lawyer will want to know about:

·         What do they want to know about the Real Estate?

Real estate can be defined as properties such as residential property homes, rental properties and lands etc. The key things an Orange County divorce lawyer will need are:

• The correct location of each property
• The date of purchase for the property
• The details of the finances that were used to but it
• The status of the property in terms of separate property claims

·         What kind of Information do they want about Vehicles?

More often than not vehicles aren’t considered too big an assets in terms of divorces yet if the vehicles are expensive models or rare collectibles the interest in the division of vehicles may increase. The information he’ll need is:

• Information and details about the vehicle and date of purchase
• The price of the vehicle
• Any separate interest claim in the vehicle

What will the Divorce lawyer want information about with respect to my income?

The incomes of both the parties are one of the chief talking points in Orange county divorce especially with regards to the spousal and child support payments being determined.

·         What information are they looking for about the income of mine and my wife’s?

Most commonly if both of your work a job, the lawyer will need the bank statements or salary slips that you receive which clearly show your monthly and annual salary. If however one of the spouse earns his living independently, then the lawyer will need all financial documents that clearly show that income and justify its source.  Any income such as rent payments from rented apartments can be classified as earnings other than a job.

Gerald A. Maggio is an experienced Orange County divorce attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Q. I was married in a foreign country and now I am remarrying. Where do I have to do my divorce papers?

Getting a divorce in California is possible as long as you meet the residency requirements.  As long as you have lived in your county for three months and in California for six months prior to filing for divorce, you can apply for it.

Q. If I divorce my spouse and they get retirement from their job, am I entitled to half of it?

The answer to this question is dependent on the timing of the divorce and the retirement of the spouse. As long as the spouse earned all, most, or even some of the retirement pension during the time of the marriage, then you are entitled to some part of it. The percentage of amount you will get depends on the number of years he/she earned the retirement pension while being in a marriage with you.

For example, if the spouse worked for 15 years to earn the retirement benefits, and for all those 15 years they were married to you, you are likely entitled to one-half thereof.

Q. I own a property bought before my marriage, what is the status of that property at the time I get divorced?

Properties that are bought and owned by one or the other spouse before they enter wedlock are usually regarded as separate properties. However, it is important to note that your property will be regarded as a separate property only if no community funds were used to purchase it or any rights given over it to the spouse, such as by adding the other spouse to the title to the property. Separate properties are not counted as the divisible assets in a divorce and they will stay yours irrespective of the divorce results.  However, the other spouse might still have an interest in the property if the principal on the mortgage loan was paid down during the marriage.  These issues can be complex and it is advised that you speak with a qualified divorce attorney to understand your situation and your rights.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

Sign Documents After Reading Them Thoroughly

At the time of divorces, your spouse can suddenly become one of your greatest rivals. This rivalry, more often than not, can turn into cut throat competition where each of the spouse views the other as an enemy and wants to gain as much of benefits from the other as possible. In such situations, it has been commonly seen that spouses can retort to tactics such as tricking you into signing documents that strip you off one of your assets or raise an unnecessary legal complication for you. Be sure to view all documents thoroughly and ask for your divorce attorney’s advice before signing any such document.

Make Sure You Are Ready To Face False Claims

Continuing the discussion from the previous heading, in divorces, victory is the sole and ultimate purpose of most people. This means that your spouse will want victory whether it is by hook or by crook. In such times, there are likely to be several false claims and allegations filed against you. In such situations, you have to make sure you are ready to face such claims undeterred. Some of the allegations may even be about child molestation or domestic violence and yet the best way to protect you through them is to stay steadfast.

Immediately Call The Police In Case Of Domestic Violence

Domestic violence is taken seriously in the family law courts and domestic violence offenders are punished heavily. Call the police if you or your children are facing domestic violence. Be confident in front of the police and present your side of the story clearly. This will not only protect you at that particular moment but it will also help you significantly in your California divorce proceedings.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Here are a few of these threats that you might receive from your spouse. Always though, remember that these threats hold no relevance until your case starts being heard.

“Don’t trust your attorney, mine will save you money and represent you better”

When it comes to choosing an Orange County divorce lawyer, it is important that you choose one that you have interviewed, one whom you know. You should be aware of their credentials and have the utmost confidence in his or her abilities. It is important that you stay well away from falling into the other spouse’s trap of getting yourself represented by their attorney. Their attorney, being their attorney first, is likely to work for their benefits and that can harm your court case.

“Your actions mean that I will never let you see the kids again”

There is absolutely no need for you to worry about such a threat. This is another one of those empty threats which holds no substance at all. Matters of child custody and child visitation are decided by the Family law court. They will look at the child’s best interest in mind when deciding both these issues and not listen to one or the other parent’s grudges.

“I will fight this case for eternity, I don’t care about the legal fees”

This is a common threat that is often used by spouses that feel strongly for vendetta. The purpose of such a threat is to scare the other party to back down without a fight. Whenever you are threatened this way, inform your divorce attorney that your spouse intends to delay the case and stretch it. A good lawyer will know how to handle such cases.

“I’ll go to jail but I won’t give you a penny”

This again is another one of those harmless threats. The Family courts have strong legal foundations and are there to ensure that you get all the support payments that you are entitled to. These payments can be either child support or spousal support. Jail sentence is also an option for a spouse that acts against court orders.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Confused? There is no need to be. A divorce lawyer can’t fight your case without your proper cooperation and help because at the end of the day, he or she is just a person representing you; in reality, you’ve been the victim or are the defendant in the case.

Communication

Simply hearing what your lawyer has to say isn’t by any means effective communication. The basis of effective communication depends on it being two ways. The better the communication between the two the greater the flow of ideas and lesser the chance of confusion arising that might ultimately affect your Orange County family law case. Without regular communication, you will be unable to keep track of a case that is ultimately directly about you and your married life.

Strategy

Contrary to popular belief, no divorce attorney, irrespective of their fees, has a magic wand to magically solve cases.  A good Orange County divorce attorney is likely to put loads of effort into developing effective strategies for the case at hand. This method will be no different when your case is being fought. Strategy is basically the tactics, facts, tones, styles and directions of arguments that the divorce attorney will employ in court to try and turn the tide of the case their favor. The best for your lawyer to build a strategy is by having you at their side. You are the person who the case concerns and you should be aware of the direction the lawyer is about to take in your case.

Budgets

There are seldom people who don’t care how much money they spend in their divorce proceedings. Almost no one has an open checkbook for lawyers to pounce on and use whenever they want for whatever they want. When the situation is like this, it means that most people like to pay a reasonable amount and expect results in that amount. In such cases it is important for clients to at the start of the case sit down with their divorce attorneys and decide a suitable budget for their case. The budget can include costs such as those for forensic accountants etc.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

As with marriage assets, the apportionment of debts can be a complicated and quarrelsome process. But the first factor in any division of debts is whether the state that has jurisdiction over the proceedings is a community property state, as nine states are, or a non-community property state, such as Virginia and Maryland.

In Virginia, one of the 41 states with an equitable distribution law for dividing property and debts, specific guidelines determine the division of debts upon the dissolution of a marriage. Virginia law mandates that the following issues be resolved in order to make a determination on debt division: the classification of debts as marital or separate, the valuation of debts and the equitable division of any debts based on statutory factors from the Virginia Code.

The debt classifications can be defined in two ways. Marital debts are acquired by either spouse from the date of marriage to the date of separation. Conversely, separate debts are accumulated prior the date of the marriage or after the date of separation by a specific spouse in his or her own name.

But a few types of debts fall into a gray area, such as those acquired during a marriage for which a creditor eyed the separate property of one spouse for payment, or those acquired prior to a marriage in one name for purposes that are specific to the marriage.

In Virginia, valuation of marital property is generally the date of the evidentiary hearing or trial, while valuation of debts is based on the date of separation.

Courts in Virginia employ various factors from the Virginia Code to determine the equitable division of debts. However, equitable division does not necessarily translate into an equal division because a court takes into consideration case-specific variables that may be salient in determining how debts, as well as property, should be fairly divided.

While property and debt division can be a troublesome matter to navigate, an experienced divorce attorney can help guide a spouse seeking or facing a divorce through the issues involved, as well as chart a course that is as stress-free and cost-efficient as possible.

Contact a family law attorney with the McDevitt Law Office of call 1-571-223-7642.

Price and Quality

Associating the word best with the products, services or individuals that have the title of expensive attached to them is not the wisest thing to do. This dilemma isn’t only prevalent in the field of law, it is prevalent in all fields. In business strategies, the students are often taught a psychological pricing strategy. This strategy is based on the human belief of automatically associating price to quality irrespective of the reality.

While this phenomenon isn’t entirely wrong, the cheapest things and even if a lawyer is available at half the average rate of lawyers that has got to raise some red flags. The idea of getting what you pay for isn’t entirely wrong. Yet going to an expensive lawyer assuming that he/she is the best is also a flawed strategy.  For example, confused on how to judge who are the best Orange County divorce lawyers? Here are three things you should consider in trying to determine the answer:

·         Past Case Results

An divorce lawyer is only as good as the cases he or she has fought and their results. The types of cases, the number of cases and their levels of complexities are what will enable you to be able to judge the lawyers’ ability to handle your case. It is, however, a good tip for you to realize that all cases with similar facts don’t have the exact same result always.

·         References of Clients

Similar to dining out in a restaurant, the people who have experienced the service are the best people to advise you on the quality and cost effectiveness of it. The greater the number of clients positively recommending certain lawyers, the greater the chance that these lawyers work towards the satisfaction of his/her clients.

·         Consistent and Reasonable fee

There is no point in hiring a lawyer for a divorce case if you will end up paying them the compensation you receive for your divorce. A good divorce attorney is likely to do a cost-benefit analysis for the work they do on your case and let you make the decision on how best to proceed, and they should be willing to work towards a resolution in your case rather than stoke the flames of litigation when litigation is not necessary in a case.

While all these points are a good way for you to find the best Orange County divorce attorneys, a fact that’s worth considering is that not every lawyer is suitable for everyone. It is always advisable to get good quality lawyers that pride themselves in customer satisfaction.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

It is evident that even after divorce, active parenting needs to be done to help your children feel at home in their life with as little change as possible.  A good divorce attorney will work to ensure that you and your spouse to sit down and talk about the children’s activity calendars and your own, and help you devise an effective parenting plan. Take a look at a few aspects that will help you in devising an effective parenting plan.

Holidays

Holidays are the most emotionally charged part of a parenting plan. Most parents have the habit of spending holidays with their children and a change in that order can prove to be very difficult for the parent and the child to swallow. In such a case, flexibility helps. The only alternative to dividing the holiday time of the child among each other is trying to spend the holidays together.

In our long list of clients, we still have parents that get on well enough to enjoy the holiday season together to give the child as much of a sense of yesteryear  as he/she can be given. It is, however, not necessary. The necessary aspect in this is that whatever plan you formulate, there should always be a backup plan, to avoid undue complexities and disappointments.

Family Vacations

Most families have a healthy tradition of going out for family vacations, and we hope you continue this tradition even after divorce. After divorce though, you and your ex will need to discuss about the concept of notice. Notice is the length of time you’ll want to know before your spouse takes the kid out of town for a family vacation.

When talking about the family vacations part of your family plan, the parents should have a discussion and decide the amount of time each parent gets to spend with the children. Since both of you will want to travel and enjoy with the children, this is very important to avoid conflict down the road. On a more practical side, think about your child’s travel documents such as his/her passport and other things. Who has them and who is going to have the responsibility of making sure they are up to date and renewed?  These are all considerations that you must take into account.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Getting your finances in order is especially important for couples who have a large amount of assets or debts. In marriage, it is important to note all the assets that were brought into the marriage by the individual spouses are unaffected by divorce but assets that are jointly owned by the couple are subject to division is a divorce.

If you want to protect your interests through the divorce process and claim what is rightfully yours, it’s better to hire an experienced divorce attorney.  When hiring a lawyer, some people tend to have the misconceptions that lawyers cost a ton of money and in reality whatever your lawyer costs, that amount will be significantly less than the amount you’ll lose with uneven distribution of your joint assets.

Here are two ways to get your finances in order before a divorce to avoid complexities in the future.

Gather All Your Financial Documents

The first thing that should be done before starting your divorce case is getting all your financial files and facts together to be able to view your overall financial picture. This process of having all the assets in front of you in black and white will help in the better division of the assets when agreeing with your spouse. It is advisable for you to get copies of all your financial documents before the couple separates so you won’t have to waste time and money to get copies of your own financial documents.

A List Of All The Expenses Should Be Made

When making a list of your finances, it is recommended that you make a list of all the costs that you have to face financially. These costs can be insurance costs, outstanding debts, daycare costs etc. These and several other costs should also be carefully and accurately listed when you are listing your assets. This helps in the financial distribution decisions.

Gathering all these financial resources can be a cumbersome task, which is specially the case if you and your spouse live apart or if you don’t reside in your marital residence. The most important aspect to keep your finances in order through a divorce is having the know-how of financial aspects of your relationship regardless of who pays the bills. In many divorce cases, spouses can try and cheat the other by hiding or misleading the assets from the other but having clear knowledge of these issues will make that task next to impossible.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

To try and avoid a Catch 22 situation, both parties and the family court judge must clearly and openly discuss financial circumstances and all possible variables. The judge, who holds the discretion to design a fair and equitable method to determine what cash is on hand to pay support, is then able to design a relatively balanced approach for payments.

There are cases where this is not done and the spouse paying support ends up in a difficult financial position attempting to juggle payments and their own personal obligations. It is difficult to accurately calculate phantom income and thus it is vitally important to retain an experienced divorce attorney who understands how the system needs to work with such unpredictable numbers and percentages. Both parties are entitled to equity in a divorce settlement.

The California Family Code sections dealing with income earmarked for child support awards are laid out in section 4058 and 4058(1). Section 4064 empowers the courts, based on both parties earnings, if applicable, to make adjustments to include fluctuating incomes, for those who work on commissions. Even with such limited guidelines in place, there is very little case law dealing with this issue. There are three “go to” cases with the most relevance, with the 1990 case of Marriage of Ostler & Smith being the one most often cited in relation to analyzing and presenting the issue of bonus income as part of child and spousal support orders in California.

Marriage of Ostler & Smith is most noted for the judge’s even-handed approach to base support on the husband’s dividends and salary (not phantom bonuses) and determine a percentage of support for each child and the wife. The conclusion was the husband would pay 35 percent of the gross bonus income. The decision was appealed and upheld. Each case is determined based on its merits and the case law may only provide guidelines even if Ostler & Smith is being argued in court.

Determining spousal and child support when one or both partners derives income from bonuses is a complex matter. Since there are only three reported cases in California dealing with this type of situation, hiring an experienced divorce attorney is the best way to ensure an equitable and fair resolution relating to support.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Grounds for an annulment vary by jurisdiction, but they may include: concealment, fraud, inability (or refusal) to engage in sexual relations or serious misunderstanding. 

In California, a marriage is never considered legal if it is bigamous, with one partner already being married to someone else, or incestuous, when the parties are close blood relatives.

A case of concealment may involve a spouse hiding a prior criminal record, a drug addiction or a sexually transmitted disease. Fraud could involve misrepresenting an unmarried status or failing to disclose an inability to have children. Misunderstanding may revolve around each person’s idea of a lifestyle or the desire to have children.

The most famous contemporary example of an annulment is the January 4, 2004 marriage of Britney Spears to Jason Alexander in Las Vegas, Nevada. Spears filed for annulment on January 5, 2014, citing a lack of understanding of her actions — the couple did not know what one other liked, whether they wanted children or where they wanted to live. Spears and Alexander were granted an annulment within two hours, with the court stating that their marriage was not legally valid.

In California, obtaining an annulment does not depend on how long you have been married or in a domestic partnership. Filing for an annulment does, however, have a deadline that depends on the reason why you filed. If you miss it, further action is barred.

After an annulment, the former members of the relationship may not have other rights/obligations that divorced or legally separating couples may have. For example, if you have children and get an annulment, the court legally presumes that they do not exist. A judge must establish paternity. Then, the judge may make orders relating to visitation, custody and child support.

Annulments also affect community property laws in California. Those laws may not be used to divide debt or property accumulated while married or in a domestic partnership. The couple does not have the right to spousal or partner support or the right to receive any other benefits.

There is an exception to this situation: the putative spouse doctrine. The doctrine applies to a partner who reasonably believes the parties are married. There must be evidence offered to the court showing a belief that the usual formalities were completed. An example would be if the papers for a registered domestic partnership (RDP) were completed, but not mailed.

In California, an annulment may be referred to as a nullity of domestic partnership or nullity of marriage. Other marriages or domestic partnerships may be nullified if a filing party is under the age of 18 years old, if either spouse is already legally married or in a registered domestic partnership, if either party is of unsound mind, if either spouse married/registered due to fraud, if one of the parties agreed to marry as a result of force, or if one party to a union was physically incapable of consummating the marriage and that disability is deemed permanent.

Each reason for annulment requires those requesting such legal relief to prove the details involved in their request. In other words, it must be proven to the court that at least one of the possible reasons for filing for an annulment is true. Proving that at least one reason for requesting an annulment may be difficult. For this reason, it is wise to consult with an experienced divorce attorney.

Gerald A. Maggio is an experienced Orange County divorce attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Grounds for an annulment vary by jurisdiction, but they may include: concealment, fraud, inability (or refusal) to engage in sexual relations or serious misunderstanding.

In California, a marriage is never considered legal if it is bigamous, with one partner already being married to someone else, or incestuous, when the parties are close blood relatives.

A case of concealment may involve a spouse hiding a prior criminal record, a drug addiction or a sexually transmitted disease. Fraud could involve misrepresenting an unmarried status or failing to disclose an inability to have children. Misunderstanding may revolve around each person’s idea of a lifestyle or the desire to have children.

The most famous contemporary example of an annulment is the January 4, 2004 marriage of Britney Spears to Jason Alexander in Las Vegas, Nevada. Spears filed for annulment on January 5, 2014, citing a lack of understanding of her actions — the couple did not know what one other liked, whether they wanted children or where they wanted to live. Spears and Alexander were granted an annulment within two hours, with the court stating that their marriage was not legally valid.

In California, obtaining an annulment does not depend on how long you have been married or in a domestic partnership. Filing for an annulment does, however, have a deadline that depends on the reason why you filed. If you miss it, further action is barred.

After an annulment, the former members of the relationship may not have other rights/obligations that divorced or legally separating couples may have. For example, if you have children and get an annulment, the court legally presumes that they do not exist. A judge must establish paternity. Then, the judge may make orders relating to visitation, custody and child support.

Annulments also affect community property laws in California. Those laws may not be used to divide debt or property accumulated while married or in a domestic partnership. The couple does not have the right to spousal or partner support or the right to receive any other benefits.

There is an exception to this situation: the putative spouse doctrine. The doctrine applies to a partner who reasonably believes the parties are married. There must be evidence offered to the court showing a belief that the usual formalities were completed. An example would be if the papers for a registered domestic partnership (RDP) were completed, but not mailed.

In California, an annulment may be referred to as a nullity of domestic partnership or nullity of marriage. Other marriages or domestic partnerships may be nullified if a filing party is under the age of 18 years old, if either spouse is already legally married or in a registered domestic partnership, if either party is of unsound mind, if either spouse married/registered due to fraud, if one of the parties agreed to marry as a result of force, or if one party to a union was physically incapable of consummating the marriage and that disability is deemed permanent.

Each reason for annulment requires those requesting such legal relief to prove the details involved in their request. In other words, it must be proven to the court that at least one of the possible reasons for filing for an annulment is true. Proving that at least one reason for requesting an annulment may be difficult. For this reason, it is wise to consult with an experienced divorce attorney.

Gerald A. Maggio is an experienced Orange County divorce attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

In short, an ugly divorce can usually have a traumatic experience that never fades away. This is where mediation helps both partners as they seek it out in the best interest of their children. How does mediation work?  In mediation, a mediator usually acts as a neutral third party in presence of both parties, and listens to the stories of both partners, unraveling the anger from the words and tries to get to the bottom of the real story by picking out the common events in them.  The mediator then establishes a common ground upon which both parties can agree and brings them to a situation where they can both reach a compromise, allowing them to accept the situation and let go of the anger in order to make the proceeding as painless for their children as possible.

Usually the two parties leave the mediation process on friendly terms and agree to a situation or agreement which proves to be a win-win for both of them.  A mediator usually helps the two parties remember the good in the relationship, allowing each of the two to dissolve their negative emotions and come to terms with the situation.  The mediator allows you to figure out what is the best course of action for both you, your spouse and your children to make sure the separation is brought to conclusion in the best manner.

When both parents let go of the anger and are on friendly and talking terms with each other, they are able to explain to the children why this divorce is the best for all of them and how it is not going to change anything and only improve the situation for them.  Once all of the terms of divorce, including division of assets, spousal support, and child support are agreed upon, as well as the custody of the children if they are under age, the divorce mediator/divorce attorney in Orange County will proceed with legal formalities including the preparation of the final Judgment, and finalize the process.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Here is a quick look at some of the many traits of a competent family lawyer to keep in mind in finding a competent family law attorney:

He Or She Should Be an Expert In Family Law

You can’t rely on a general lawyer for handling your divorce-related problems. You have to consider the attorney’s specialization when relying on online resources and referrals for attorney hint in California. Every lawyer with sound academic profile is not necessarily competent or fully versed in all areas of law. A family law and divorce attorney’s practice should be focused on those areas of law, and not be the “jack of all trades” so to speak.  Moreover, family law spans a broad spectrum of family-related legal practices. If you are looking for an attorney for child support, for instance, then make sure that the attorney offers the services you need.

Good Communication Skills

A divorce lawyer must have good communication skills. Family law services also include legal advisory and counseling services. You might need to seek an attorney for expert advice on matters related to divorce, child support, property distribution, alimony, etc. But if the lawyer does not have good communication skills and can’t make you understand his point, he or she can’t help you. So don’t completely rely on referrals and online resources for hiring a divorce attorney. Meet the attorney in person to make sure you are satisfied with his or her professional skills and can communicate with him or her comfortably.

Experience is a Must

An experienced attorney not only handles all the legal matters strategically but you can also count on him for legal advice and counseling. So experience is an important aspect you must consider when hiring a divorce attorney in California.  An attorney can’t learn practical aspects of family just by having a law degree alone.  Hands-on experience is very important to understand various aspects of divorce law and keep track of changing divorce laws. So make sure that the attorney you are choosing is experienced in handling divorce and child custody cases.

Your Satisfaction is Important

It is very important that you have a good connection with your attorney. Nothing is more important than your contentment and comfort. You might come across a number of lawyers with exceptionally good professional skills, but they treat people merely like files and don’t understand their emotional stress. Therefore, it is recommended to hire a lawyer who puts in efforts to help you cope with the mental and emotional trauma of divorce.

Testimonials and Clients’ Feedback

An easy way to make sure that the attorney you are choosing is reputed and offers reliable services, is looking at the clients’ feedback and testimonials.  An authentic and professional attorney has a large client base and their response reflects the quality of services the attorney offers.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

During a divorce, couples have other options besides duking it out in court to the bitter end. Other approaches to divorce tend to be faster, more affordable and potentially less stressful than the traditional, adversarial structure.

• Uncontested divorce can be used in cases where both parties are in agreement about the exact terms of the divorce already. In most cases, just one lawyer is hired. The attorney does all the court filings and legal aspects of the divorce. This approach is only ideal if absolutely no negotiation between the parties is necessary.
• Pro se divorce is a divorce in which both parties represent themselves instead of hiring attorneys. This practice is not usually recommended because it is so difficult for someone without experience in divorce law to handle the process alone. Many people who choose the pro se approach still meet with a lawyer for advice.
• Collaborative divorce is the most popular option. In a collaborative divorce, both parties agree to work out the divorce settlement amicably instead of going to trial. Each parties hires an attorney, and the attorneys work together to come to an agreement. In order to successfully go through a collaborative divorce, both parties should agree to stop working with any attorney who doesn’t succeed in reaching an agreement.
• Mediation is a commonly used tool in divorce, especially collaborative divorce. During mediation, both parties and their attorneys meet with a mediator, who may be an uninvolved divorce attorney. The mediator works with both sides to establish a mutually acceptable settlement.

Whichever approach you and your spouse take to divorce, you should begin by hiring an expert divorce lawyer to represent your interests.

Contact a family law attorney with the McDevitt Law Office of call 1-571-223-7642.

One part of that “bigger picture” is each party’s earning potential – that is, not what he or she actually earns, but what he or she could earn. Parties to divorce who are voluntarily unemployed or underemployed, and who could probably earn more with reasonable effort, can expect the court to make alimony and child support determinations as if they actually earn that amount. This is called “imputing” income, and a recent case from Florida’s Fourth District Court of Appeals (DCA) illustrates the legal concept well.

In Adelberg v. Adelberg, the wife, 59, had a master’s degree in urban planning and experience running her own public relations firm, but she was unemployed when she and her husband filed for divorce. A vocational expert testified at the trial that, although the wife had been unemployed for eight years, she was qualified for positions in public relations and fundraising that paid $40,000 to $50,000 per year.

Despite this evidence, the trial court did not impute income to the wife. But on appeal, the Fourth DCA reversed the order. The case was remanded to the trial court for recalculation of alimony.

Determining alimony is a complex process that is very open to interpretation. Those seeking divorce who believe their spouse is voluntarily unemployed should speak with their divorce attorney about imputing income.

Contact a divorce lawyer in Brandon and Tampa with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/

In choosing the divorce attorney who will represent you in your divorce case, it is always advisable to first interview several divorce and family lawyers either/or by phone or in person.  You should choose the attorney that you feel most comfortable to talk with and that you feel will have your best interests in mind, because you and that attorney will be working together quite frequently.  

If a divorce attorney that you meet with seems impatient and pushes the consultation to be over quickly and does not seem to be listening to you, then perhaps that attorney is not the best choice for you.  A good divorce attorney is one that truly takes the time to listen to you and what you have to say first.

Some attorneys offer free consultations, either an hour or 30 minutes, while others might charge for their time.  It is important for you to understand that this alone is not how you should base consulting with a particular attorney. Use your judgment as to whether you believe that a particular attorney is worth meeting with even if they charge some sort of consultation fee.  If you decide to retain that attorney, request that the consultation fee be waived since you are becoming a client.

You should be prepared to ask questions about your case and what to expect, such as what the retainer fee will be, the attorney’s billing rate, court filing fees, and other costs.   Be prepared with some written questions and issues to discuss at your first meeting, but be reasonable in the amount of questions you have, because the primary intent of the first meeting is to get a feeling about the attorney and if you will feel comfortable working with that attorney.

Moreover, be focused about the issues of your marriage, and try to avoid rambling about the end of your marriage, although the attorney might indicate that he or she wants to understand the big picture of what caused the demise of your marriage.   Whenever the attorney asks you specific questions, try to provide specific answers, because the attorney is trying to understand what will need to be done in your divorce case.  The attorney will also of course need to know the basic information about your marriage, such as the date of marriage, the date of separation and the names and birth dates of the children, among other information.

The lawyer will need to determine the financial circumstances of both parties of the marriage, including incomes of the parties, and the debts and obligations of the parties.  Those circumstances will help determine the possible need for child and spousal support, whether a spouse is underemployed, and possible options regarding child custody.

Hopefully by the end of the first meeting, you have a good sense of what the attorney is like and can offer you in your case, and also that the attorney has been able to give you an idea of what you can expect in your divorce case.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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Here are some quick and important facts about California divorce law that can help you understand the legal requirements and implications of divorce in California:

Residency

If you are filing for divorce in California, you must have lived in the state of California for the last six months and for the last 3 months in the county where you are filing the case. If both spouses have California residency but have been living in two different counties for the last 3 months, they can file for divorce in either of the two counties.  For example, if you have lived in Orange County for the past 3 months, you can file your divorce case with the Orange County Family Law Court.

Summary Dissolution

Summary dissolution is a joint filing process which requires less paperwork and in which both spouses mutually agree to an out-of-court settlement. You can only opt for summary dissolution if you and your spouse have mutually decided to divide your assets and debts uniformly between each other and the following conditions are also met:

• You must have been married for less than five (5) years (from date of marriage to date of separation).
• Combined joint debt or loan amount must not exceed $6,000 (excluding car loans).
• The total worth of community property should be less than $40,000 (excluding vehicles).
• The total worth of separate property should be less than $40,000 (excluding vehicles).
• Neither of the spouses can own land or a home.
• Couples applying for summary dissolution must not have any children (biological or adopted) from the relationship.
• Neither party shall ever receive spousal support from the other party.

Property Distribution

California is a community property state.  Regardless of the employment or financial state of spouses, California divorce law ensures uniform distribution of assets and valuables between spouses. Property owned by spouses is either community property or separate property. Community property is the assets and debts acquired during the marriage (in and out of the state). This property is divided equally between the spouses. Separate property, on the other hand, is the property acquired by either of the spouses before getting married or by inheritance or gift, and this property is not divided during the divorce.

Child Custody

Depending on the best interests of the children of the marriage, court may reward joint or sole custody. Following are some of the factors that can influence the decision of the court:

• Wishes of the child
• Financial stability of parents
• Frequent and continuing contact of the child with both parents
• Child’s safety
• Parents’ health records
• The history of drug use or alcohol abuse
• History of domestic violence

Alimony

The court may also reward alimony (spousal support) to a spouse. The amount and period of alimony can depend on the length of marriage, the marital standard of living of the couple during the marriage, and other factors under California Family Code section 4320.  It is advisable to speak with a divorce attorney to fully understand how the family court determines alimony.

Just keep the above-mentioned facts about California divorce law in mind when filing for divorce. This can help you deal with all the legal proceedings in accordance with California state law.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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Though you can find a number of divorce attorneys in Orange Country, California, it is very important to find an experienced and certified attorney whom you can trust with all the legal implications.

Follow these steps to find a trustworthy divorce attorney in Orange Country, California:

Know Your Options

The type of legal representation you need depends on your case and your priorities. Opting for the right divorce handling option can considerably ease the procedure. You have the following divorce handling options in Orange Country, California:

Hire a Divorce Attorney for Full Representation-This is probably the most suitable of handling divorce –related issues. Hiring a professional divorce attorney for full legal representation means handing over all the legal matters of divorce to your attorney.

Hire a Divorce Attorney for Limited Representation– If you have limited income and cannot afford the hefty fees of divorce attorneys, you can also hire attorneys for limited legal representation. Hiring a professional divorce attorney for limited legal representation means handing over certain legal matters of divorce to your attorney. Usually limited legal representation services don’t include counseling services.

Hire a Mediator– If you are in good terms with your spouse, and he/she agrees for out-of-court settlement, go for a negotiated resolution. You can seek the help of a professional mediator in Orange Country to finalize all the legal matters in accordance with the state law.

Considerations

There are a few considerations you must keep in mind when looking for a divorce attorney in Orange Country, California:

Internet Search– In case you are counting on online resources for searching a divorce attorney, make sure you are relying on authentic websites. Narrow down search results to find the best attorney in town. Look at the clients’ reviews and testimonials to judge the credibility of attorneys.

Referrals– This is probably the safest and the most reliable option to find a trusted divorce attorney in California. Ask your friends, family members and acquaintances for referrals.

Courthouses– Courthouses can also provide you with a list of authentic and low-cost divorce attorneys in California. t is relatively a safer and more convenient option than relying on online resources for attorney hunt.

Consultation- While you can hire the first divorce attorney that seems suitable and trustworthy, it is advisable to consult at least 3-4 attorneys to find the best one for you.

Though it is not advisable to handle all legal matters on your own, if you think you are capable of dealing with long court trials and have adequate legal knowledge about divorce and child custody, you can also act as your own attorney. However, it is recommended to seek professional help for divorce and custody in California.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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Once your divorce case has commenced, both parties in a California divorce case are required by California law to complete and exchange their own financial disclosures known as “Preliminary Declarations of Disclosure.”  These disclosures are comprised of 2 main documents: (1) an Income and Expense Declaration, and (2) a Schedule of Assets and Debts.   Your divorce attorney will help prepare those forms and organize the supporting documentation for that disclosure.  These disclosure are signed under penalty of perjury, and each party is held to a high fiduciary duty to the other party to disclose all known assets and debts and to be transparent in such disclosures.

Determining All of the Marital Assets

Creating an inventory of all the marital assets is necessary for the financial disclosure and also in preparation of the filing for divorce.  In addition to the marital home, cars, bank accounts, and other main assets, there are also secondary items that need to be accounted for such as furniture, jewelry, artwork, and other more personal belongings.  Determining values of all such property is necessary, and for homes and vehicles, obtaining such values will usually involve getting a professional appraisal.  Furniture and furnishings should be valued at “garage sale value,” not what you paid for them, the reason being that if they were to be sold or disposed of, the court would either order them sold by garage sale or perhaps by consignment.  The divorce attorney will guide you through this process of evaluating the marital assets.

It is important to understand that California is a community property state, which means that generally, all assets acquired during the marriage is generally presumed to be community property, i.e. each party is entitled to a one-half interest in the assets.  The exception is an asset acquired by inheritance or by gift, which is generally considered the receiving party’s separate property.  An experienced divorce lawyer will help determine what should be considered community property and what should be considered separate property.

Establishing The Marital Liabilities

Your divorce attorney will help ascertain how your marital liabilities and debts should be divided and what is community debt.  Like marital assets, marital debts incurred during marriage are generally presumed to be community debt, meaning each party is responsible for one-half thereof.  However, your divorce lawyer will work with you to determine a proposed division of property that takes the big picture into consideration factoring in all of the assets, debts and income of the parties to determine an equitable division.

Only until the parties have completed and exchanged their Preliminary Declaration of Disclosure can any marital settlement agreement for the division of assets and debts as part of a divorce judgment be an enforceable one under California law.

For further information or to schedule a consultation with Orange County divorce attorney Gerald Maggio of The Maggio Law Firm, please call (949) 553-0304 or visit www.maggiolawfirm.com.  The Maggio Law Firm is an experienced Orange County divorce and family law firm serving the Orange County and Riverside areas and neighboring counties, serving clients with legal issues including divorce, legal separation, prenuptial agreements, divorce mediation, and other family law issues.

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1.     What Can You Expect during Divorce Mediation?

A divorce mediation procedure consists of the married couple sitting down in a secluded room with their chosen divorce mediator. The divorce mediator, with the consent and involvement of the divorcing partners, works to resolution of all pending issues with the end goal of creating a comprehensive settlement agreement.  Divorce mediation is based on mutual agreement on unresolved issues. Therefore, partners need to remain civil when arriving at solutions.

2.     Will You Also Need An Attorney?

Many people think that if they are seeking the aid of a divorce mediator, they will not require the services of a divorce attorney. Either during or after a divorce mediator session, you have the right to hire a divorce attorney to help you go over the agreement and spot any irregularities in it, but that is entirely up to you. The attorney may also provide you with valid points to cover in the settlement agreement.  If the divorce mediator that you are using is also a divorce attorney, which will help assure that the agreement is drafted correctly.

3.     What is the Skill Level of the Divorce Mediator?

The law in most states does not require divorce mediators to hold a law degree. Therefore, when choosing a divorce mediator, be sure to find someone whose is experienced in dealing with two partners who want a calmer and more peaceful process to end their marriage. Another thing to consider when looking for a divorce mediator is to find one who is also a divorce/family law attorney, as they have knowledge of the law and real-life experience with divorce cases that he or she can draw from in working with you to come up with workable solutions.

4.     What Issues Are Addressed during Divorce Mediation?

Just like in any other divorce proceedings, a number of issues can be resolved. Some issues that are addressed during the meetings include child support, child custody, division of assets, and spousal support. Unlike in court where these issues would have created tension between the two parties, divorce mediation offers an alternate solution to calling it quits.

5.     Do You Need to Have Extensive Knowledge about Finances?

Individuals worry that their lack of knowledge in finances may lead to the other partner getting more in the settlement agreement.  Some individuals can fret over the financial assets that the other person may have hidden. Your divorce mediator can assist you in addressing those issues for both of you and explaining the financial ramifications.  If you want further information to determine for yourself as to whether the financial terms of your marital settlement agreement are in your best interests, you can consult a Certified Divorce Financial Analyst.  The CDFA will update you on your current financial situation and inform you what you may need to keep track of in the future. With the knowledge they can provide you with, you can proceed with divorce mediation with more confidence that you are working out your divorce case in a way that makes the most financial sense for you.

If you are planning to go through with divorce mediation proceedings, and you are located in Orange County or anywhere else in California, you should seek the assistance of a reliable California divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Orange County Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.  As Orange County divorce mediators and Orange County divorce lawyers, we have the experience to help you decide if divorce mediation is a good option for you and your situation.

The next step after deciding to file for divorce is whether to retain a divorce attorney or not. California family law courts do allow you to present yourself “in pro per” in family law proceedings.  However, is that the right way to handle your divorce case?  NO!

Although that answer is coming from a divorce attorney, it is an honest answer based on years of experience handling divorce and family law cases.  Even if your divorce is uncontested, there are very few assets of the marriage, and perhaps there are no children involved, you should still at least have legal counsel for guidance and to make sure your case is resolved properly.

There is a reason why the saying goes “He who represents himself has a fool for a client.”  

I once handled an Orange County family law case for an ex-husband where the parties had both settled their case by themselves and seemingly he thought he had gotten a good resolution of his case.  However, he had thought that he had gotten a waiver of spousal support from his wife in the divorce judgment, but the wording in the divorce judgment was clearly not drafted by an attorney.  Ultimately, having handled his divorce himself came back to bite him, because the spousal support waiver was not worded properly and did not hold up. I assisted him in working out his case at that point but in reality he spent more money than he would have had to pay if he had retained a divorce attorney in the beginning to do the job right.

Most divorce cases are never “easy.”

Even when you think your divorce is “easy,” the divorce process, the steps involved and, most importantly, the potential pitfalls that may arise in resolving your case are all more complicated than you may realize.  You are better to retain competent legal counsel to represent your best interests in your divorce case and get it done right, thereby avoiding vagueness and potential loopholes and pitfalls in your divorce judgment that could come back to haunt you later.

Moreover, the divorce process itself can be very confusing and overwhelming, and I have had many clients who originally tried to handle their case themselves, only to realize that it was a task that they could not really take on and handle adequately themselves.  Moreover, with all of the issues generally involved in a divorce case, including division of assets and debts, custody, child support, spousal support, division of retirement accounts, etc., the resolution of those issues fairly and properly by yourself can be daunting when emotions are already high.

If you have to go to court because you cannot resolve all issues with your spouse, appearing in court in front of a judge by yourself is incredibly nerve-whacking, and unless you have a legal background, you do not possess the knowledge and skills to represent your own best interests and get the best possible outcome.

If your spouse has a divorce attorney, YOU need a divorce attorney.

I have sometimes been asked if a potential client should retain a divorce attorney because the other party has legal counsel who says he can “handle everything” for both parties.  My answer generally is “yes.”  Even though that other attorney may appear to have the best intentions, the fact of the matter is that the attorney is representing your spouse, not you.  At a minimum, you need a divorce attorney to review the divorce paperwork and any proposed divorce judgment in your case to advise you of your rights and to make suggestions.  I generally tell someone whose spouse has legal counsel that they also need legal counsel, because there is always a possibility that without one, you will get taken advantage of.

For further information or to schedule a consultation with Orange County divorce lawyer Gerald Maggio of The Maggio Law Firm, please call (949) 553-0304 or visit www.maggiolawfirm.com.  The Maggio Law Firm is an experienced divorce and family law firm serving the Orange County and Riverside areas and neighboring counties, serving clients with legal issues including divorce, legal separation, divorce mediation, spousal support, child support and child custody issues.

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1. Make Sure the Mediator is Neutral

The divorce mediator should keep the interest of both parties involved in mind before drafting up a marital settlement agreement. The agreement is a legal document binding the two parties to the contract, which they would need to abide by. Furthermore, a good California divorce mediator will encourage you to take the agreement to a private divorce attorney for evaluation.

2. Ask them about the Cost of their Services

Filing for divorce means that it could cost you a lot of money. People choose a divorce mediator over a divorce attorney because it is a cost effective solution. A divorce mediator that charges you a flat fee for all the services the California divorce mediation firm provides is a good option, because it lets you and your soon-to-be-ex partner know in advance about the money it will cost both parties. The other option is that the divorce mediator will charge by the hour.

3. Ask them about their Previous Experiences

Financial concerns are the biggest hurdle in divorce proceedings. A good divorce mediator should be able to provide divorcing couples with good advice on issues such as property, children, and money. They need to have extensive experience in dealing with sensitive issues such as this.

The divorce mediator should be able to analyze everything from household budget to identifying tax issues that may arise during divorce. In regards to parenting, you may need to employ a parenting mediator who has dealt with child custody battles in the past and has been able to resolve them.

4. Meet them and make sure they are Compassionate

The divorce mediator should exhibit genuine concern in solving the couple’s financial woes and making sure the couple divorces on amicable terms. They should be concerned about the well-being of your family and the emotional toll it will take on the children (if you have any). You will need to meet and talk to the divorce mediator in person or over the phone to judge if they have this quality.

5. Ask them for Initial Advice About Mediation Options in the First Meeting

The whole point of hiring a divorce mediator is for the divorcing parties to remain on good terms with each other. Therefore, the divorce mediator should ask the couple if this is what they want and if they are sure that they want to take this course of action to end their marriage. If the couple hesitates to give an answer, the divorce mediator may direct them to seek marriage-counseling, couple’s therapy, or a divorce coach. If the divorce mediator looks more interested in expediting the process even though there might be a chance for reconciliation, you should keep looking.

If you are located in Orange County or anywhere else in California, and are planning to get divorced, you should seek the assistance of a reliable divorce mediator. For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

Posted By:  Gerald A. Maggio, Divorce Attorney & Mediator

One of the most important things that anyone contemplating or going through a divorce needs to understand is that the current family court system in California is overwhelmed with cases while also dealing with a shortage of funding.  As a result, there are simply not enough judges to handle the number of divorce and family law cases.  The Orange County family law court is estimated to be short at least 8 judges based on the volume of cases that exist.  In addition to that reality, it is important to know that under California state law, domestic violence/restraining order cases have to take priority over all other cases, so those cases have to be heard first on your day of trial.

What does that mean to you as a party in a divorce case?  As a divorce attorney in Orange County, I think the best way to really illustrate the problem is using one of my Orange County child custody cases.  We started trial in our case in the summer of 2013.  After the first day of trial that summer, the next court date that the judge was able to give us to continue our trial was in November 2013, i.e. 3-4 months later.  Day 2 of trial led to Day 3, which did not happen until March 2014.  Unfortunately, since we were only getting 2-3 hours at a time for each trial date, the trial was not completed in March 2014, and so we were given a 4^th trial date for July 2014.

The parties and their counsel were going to be able to have at least 2 hours at the July 2014 trial date to continue and hopefully complete their case.  Unfortunately, with the court having double or triple- scheduled other cases for trial for most court dates, we were unable to be heard at all at our trial date after having waited approximately 7 hours in the courtroom!  Any divorce attorney generally has to bill you for that time in court, so a party can easily spend anywhere from $2,000-3,000 for a court appearance where nothing was able to get done.

Wouldn’t you rather spend your money on mediation where YOUR case is the only focus and where actual progress can be made to resolve your case?  Even if your spouse is difficult to deal with, he or she should see the benefit of mediation outweigh spending $4,000-6,000 between the two of you just for one hearing that actually was never able to get in front of the judge and had to be continued, sometimes on several occasions.  In this case, while my client was always amenable to mediation, the other party was not and as a result, we have had to litigate this case.  Courts and litigation should always be a last option.

For more information about California Divorce Mediators or to schedule a consultation, call (888)258-8383 or visit www.cadivorcemediators.com.

In Florida, child support is not an obligation that one parent has to the other. Instead, it is an obligation that each parent has to the child — from the day he or she is born until he or she reaches adulthood. 

Florida Statute §61.30 sets the guidelines that Florida courts use to determine how much child support a parent owes. The statute establishes minimum levels of support based on the parents’ combined income. Courts use these guidelines to determine each parent’s individual child support obligation based on his or her proportion of the couple’s combined income.

The income used to make this determination is net income – gross income minus certain deductions. Gross income includes employment income (such as wages, salary, commissions and bonuses) and retirement, pension and social security benefits. Allowable deductions include federal, state and local taxes, mandatory retirement contributions, union dues and health insurance premiums.

The child support figure that results from this series of calculations is generally presumed to be correct, but the court may deviate from the guidelines. Taking into account “all relevant factors,” including the child’s needs and the financial status of each parent, the court may increase or decrease this amount by up to five percent. The court may alter the figure by an even greater amount if it provides written findings explaining its reasoning.

The court that enters a child support order retains jurisdiction to alter that support in the future. The court may do so when it is in the child’s best interests or when circumstances change substantially. 

A parent who wishes to modify his or her child support obligation must show that the change in their circumstances is material, significant, permanent and involuntary. For instance, a parent who chooses to quit a high-paying job for a lower-paying job would not be eligible for a modification because the change is voluntary. Parents who choose to have income significantly less than that readily available to them may find the court will attribute additional income to them. This is called “imputing” income.

If you have questions or concerns about your current or possible child support obligation, contact Osenton Law Offices.

Contact a divorce attorney and Brandon family law lawyer with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/

One of the biggest and toughest decisions in your life can be filing for divorce, something generally most people do not want to do except as a last resort.  The next biggest issue is choosing a divorce attorney to represent you in your case.

So, how does one go about choosing a divorce lawyer exactly?  It can be a daunting task and ultimately a subjective decision that only you can make.

First, doing your research is always a good idea.  The internet allows you to search divorce attorneys online, look at their websites, and get a feel for the attorneys out there in your area.

Speaking of divorce attorneys in your area, you should generally try to choose an attorney in your city or county, depending on where you are.  For example, if you live in Orange County and your case is in Orange County, you generally should find and retain an Orange County divorce attorney.  Why?  There are 3 reasons:  (1) your attorney will have to travel less time to get to court, which in turn will save you in legal fees, (2) a local divorce attorney will know how the court in your county works (i.e. the little “ins and outs” of the court system) which is invaluable, and (3) a local divorce attorney will be known by the other attorney in your case and, even more important, the judge will likely know that attorney.  All those factors can have an effect on your case in terms of legal fees, the duration of the litigation in your case, and in how your case might be resolved.

Chances are you know someone, i.e. a friend, family member, or someone you work with, that has gone through a divorce.  If they are willing to talk about it, ask for an attorney referral because that person has gone through the process whereas you likely have not.  That person can give you a lot of helpful information and assist you in choosing a divorce attorney that fits your needs.

Much like asking someone you know about their divorce attorney, checking out and reading the client reviews of divorce attorneys is also a good way to narrow the attorneys you will want to set up consultations with.  Such reviews can be helpful in getting a sense of what those attorneys are like.  Some of those reviews are posted on attorney websites, but there are independent websites like Avvo.com that has helpful information about attorneys including client reviews.

It is always advisable to meet with more than one divorce attorney once you have narrowed your choices.  Set up consultations with each.  Some will offer free 60 minute consultations, some will offer a free 30 minute consultation, and some will require a charge for their time, often at the attorney’s hourly rate.  Do not let the issue of free vs. paid consultation be the determining factor in choosing an attorney.  Instead, in meeting each attorney, ask questions about the attorney, about how they handle their cases, about how available they are by phone/email/in person when needed, etc.  Make an informed decision about the divorce attorney you pick after doing all of this.  You want to pick an attorney that you feel comfortable with, is accessible and who actually listens to you.

A word of warning:  if a divorce lawyer that you meet promises or guarantees an outcome in your case, run out of their office.  NO divorce attorney should EVER promise or guarantee an outcome, because there are many factors involved if your case goes to trial that may affect the final outcome.   Don’t ever choose an attorney that says only what you want to hear, but one that also tells you what you need to hear.

In the end, there is no such thing as “the best attorney.”  There are many qualified divorce lawyers out there.  Rather, the issue is choosing the best attorney for you.

For more information or to schedule a consultation with Gerald Maggio, please call our Orange County office at (949) 553-0304 or go to maggiolawfirm.com.

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In turn, a good attorney knows when to hire an expert to assist with your case. An expert gives reliable and legally admissible facts in regards to a particular legal matter. Properly presented by your attorney, information provided by an expert can make a great difference in virtually any case. There are a few types of experts that may be employed in a divorce case.

A vocational expert is able to make an informed judgment on the work and earning potential of an individual based on his or her education, employment history, and health. This is important in cases in which alimony or child support is awarded according to a party’s potential for gainful employment (as opposed to current income). If your spouse is voluntarily underemployed, this can mean a significant difference in the amount of support awarded.

A real estate appraiser is an expert on real estate markets. A couple’s home is very often the single largest marital asset, and its value bears greatly on the division of assets. The same is true of vacation homes, timeshares, etc. To determine the property’s value, the appraiser will examine comparable sales for similar homes in the area, as well as the unique traits of your home.

A forensic accountant will analyze your financial records – credit card bills, bank statements, etc. – to develop a clear picture of your marital income, expenses, assets, and liabilities. In cases where marital lifestyle is a factor in awarding alimony, a forensic accountant will help your attorney and the court understand the nature of that lifestyle.

A business valuator is necessary when one or both parties have a significant interest in a business. In this case, understanding the value of the business is key. This expert will examine financial records and projected income to determine the business’s value.

A custody evaluator is required in almost all cases of contested child custody. Through interviews with all parties and observations in domestic settings, evaluators determine each parent’s suitability to assume custody of the children. Many cases involve three custody evaluators: one for each spouse, and one joint or court-appointed expert.

A knowledgeable family law attorney will have experience working with all of these types of experts. This advantage may make a significant difference in your divorce proceedings, as he or she will know which individual expert is best suited to advise on your particular case.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a divorce attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

In practice, of course, it does not work quite like that. It is still significantly less common for men to be awarded alimony – indeed, many men who may be eligible for alimony do not even request it. This is despite the fact that women’s likelihood of working and their income levels are both rising, and they are now more likely than ever to be the primary or even sole breadwinner member of a couple.

A recent study from Pew Research Center on “breadwinner moms” shows that a record 40 percent of households with minor children include mothers who are either the primary or sole source of family income. The figure was just 11 percent in 1960. The 40 percent figure must be taken with a grain of salt: two-thirds of that group is made up of single mothers with a median income of just $23,000. The other third, though, is made up of 5.1 million married mothers with a median family income of nearly $80,000. These are the true breadwinner wives and mothers who might very well have to pay alimony if they divorced and their spouses requested it.

But the truth is, many men who might be eligible to receive alimony do not request it. According to the U.S. Census Bureau, in 2010, there were 380,000 women in the U.S. receiving alimony, but just 12,000 men. A man might believe that asking for alimony is a sign of weakness. If he comes from a marriage in which his spouse made more money, he might have lingering issues with not being the primary breadwinner that could make him hesitant to continue in a role of being supported by his spouse.

It is still true that alimony is more often awarded to women than to men because women are more likely to have foregone education and work experience for the sake of a spouse or a family. But that is a generalization. An individual man is more likely than ever to be in a marriage in which the opposite is true. Anyone seeking a divorce who believes they need or deserve to be awarded alimony should seek the counsel of an experienced divorce attorney as soon as possible.

Kristi J. McCart is a Tampa divorce lawyer and Brandon child custody attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/

Governmental bodies, of course, purport to have the best interests of those children at heart. But parents – the most important advocates a child can have – are often excluded from court proceedings if they are involved in immigration disputes. These are the proceedings in which parental rights and the child’s future are decided: at least 5000 children nationwide are in foster care because their parents have been detained or deported.

In recent sessions of Congress, lawmakers introduced a bill called the Humane Enforcement and Legal Protections (HELP) for Separated Children Act. The bill ensures a number of crucial protections for children of immigrants that find themselves embroiled in legal actions.

The bill would:

• Allow parents, soon after their initial detainment, to make phone calls to arrange for someone to take care of their children;
• Require Immigration and Customs Enforcement to consider the children’s best interest when making decisions on the detention, release, or transfer of immigrant parents (this moves the law in line with child custody proceedings in divorces, in which the child’s best interest is always held paramount);
• Allow children to visit or at least call their parents during their detainment;
• Ensure that parents are allowed to participate in their children’s family court hearings;
• Ensure that if parents are required to leave the country, their departure can be coordinated with their children.

The legislation did not pass when it was introduced in previous sessions as a stand-alone bill. However, U.S. Sen. Al Franken (D-Minn.) succeeded in adding the bill as an amendment to an immigration reform measure that appears to have quite a bit of momentum behind it. That bill was recently passed by the Senate Judiciary Committee on a 13-5 vote. It would provide most undocumented immigrants in the United States a pathway to citizenship, reform border security, and implement new worker visa rules. And thanks to Sen. Franken, it includes vital protections for vulnerable children who are adversely affected through no fault of their own.

Franken introduced a second amendment that the committee also voted to add to the bill. It would reassign the responsibility to provide lawyers and other advocates to unaccompanied children. That responsibility currently lies with Health and Human Services, but Franken’s amendment would put it in the hands of the Justice Department, which Franken says is better equipped to handle it. According to a press release from the Senator’s office, “as recently as 2012, half of the unaccompanied children who arrived in the country were forced to represent themselves in immigration court.”

Joshua Law is a divorce attorney and Brandon family law lawyer with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/

When child custody is contested in a Florida divorce, a qualified evaluator, usually a psychologist, may either assigned by the court or selected by agreement between the parents with the help of their attorneys. This evaluator is paid by the parties and can be very expensive. The evaluator’s duty is to help the court determine the child’s best interest, which is the primary legal concern in all matters having to do with children in Florida divorces. Because the evaluator works for the court, and not for the individuals involved, nothing the parties divulge to an evaluator psychologist is subject to doctor-patient privilege. Of course, everything you say to your family law attorney is strictly confidential.

A typical custody evaluation includes: two to three interviews with each parent and each child; observation of interaction between parents and children in the evaluator’s office and potentially in the home; psychological testing as necessary; and interviews with third parties including teachers, day care providers, and pediatricians. Custody evaluators look for indications of the quality of parent-child relationships, including bonding, ability to get along, parenting skills, signs of alcohol or drug abuse, and the physical and mental health of the child.

When you are with the custody evaluator, treat it like a job interview. Be punctual with your appointments and put your best face forward. Be sincere and honest and avoid sounding defensive when answering questions. When you are asked about your spouse, stick to the facts.

When it is time for your children to be interviewed, explain to them that they will never be asked to choose between parents and everyone involved is working together to figure out the best parenting schedule. Use your judgment with respect to the child’s age to determine how much explanation and detail is prudent. Avoid the temptation to coach them on how to answer questions, which would reflect very badly on you if the evaluator found out.

If you are in a divorce in which child custody is contested, an experienced divorce attorney is invaluable in helping you prepare for a child custody evaluation. Legal representation protects your interests.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a divorce attorney call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Speak with your lawyer.

This assumes you hired a divorce attorney – which is highly recommended. Although a divorce lawyer’s primary job is to assist with the divorce itself, they have an interest in seeing their clients succeed post-divorce as well. Your family law attorney is likely to have a number of good suggestions, from expanding on the tips in this article to referring you to professionals, organizations, or support groups to help you along. Even if your divorce is already finalized, your lawyer will probably be happy to spend a few minutes giving you some advice.

Make a budget.

Your divorce probably caused significant changes to your cash flow and responsibilities. Now is the time to remake a proper budget from the ground up. Evaluate your income sources and try to anticipate an entire month’s living expenses. Then maintain a record of all income and expenses and re-evaluate your budget periodically. Is your financial path sustainable? If you are going into debt, what expenses are you able to trim? If you are able to save, are you setting aside that money in order to avoid the temptation to overspend?

Depending on your asset levels, you may wish to speak with a financial planner or accountant for help protecting your wealth.

Update estate plans.

Your spouse was likely named as the beneficiary for your insurance and investment accounts. Make a list of all accounts that need to be checked and change them as necessary. If you have a will, make an appointment with your attorney to review it and any other legal documents involving your ex.

Reassess your insurance coverage.

If your health insurance came from your spouse’s employer, you will need to find your own coverage soon. If you are unemployed or your employer does not offer health insurance, look into purchasing COBRA insurance through your ex-spouse’s insurer. COBRA provides for temporary continuation of group benefits.

You may have a greater need for long-term care insurance following your divorce. If you anticipated your spouse being able to care for you in the event that you needed long-term care, you may have to reevaluate.

In all your dealings with money, exercise caution and seek expert advice when you need it. With a little effort and planning, your post-divorce financial life can be secure and rewarding.

Joshua Law is a Tampa divorce lawyer and Brandon family law attorney with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/

Meanwhile, a new report by US Mobile Data Market, Update Q3 2012, suggests that there has been a drop in the number of texts sent each month by users via cell phone, from an average of 699 texts sent during the second quarter of 2012, to just 678 in the third quarter. While some safe driving advocates lauded the drop as a potential indicator that texting-while-driving laws were influencing behavior, the information in the US Mobile report does not drill down enough to indicate which texts were sent via a potentially distracted driver and which were sent in other situations.

According to NHTSA data, there were more than 416,000 car crash injuries and more than 3,000 car crash fatalities in 2010 due to distracted drivers. The NHTSA report also notes an increase from 2009 to 211 by 50 percent in the number of sent text messages.

Texting only seems to be picking up. A survey by the International Association for the Wireless Telecommunications Industry states that text messaging is only growing: 2.206 trillion texts were sent in 2011 and 2.273 trillion (and counting) texts have been sent by late 2012.

The issue with texting during driving is one of distraction. Texting takes enough attention away from the road – researchers believe texting while driving reduces brain activity by some 37 percent and reduces attention by as much as 50 percent, according to the NHTSA. Studies by the federal government show that human error such as distracted driving, is now the leading cause of car accidents nationwide. In 2010, more than 3,000 people in the U.S. were killed in distracted driver car accidents.

The U.S. Department of Transportation has been pushing for more public education on the dangers of texting behind the wheel, from pushing for a ban, now enforced, which forbids commercial drivers to text or use their cell phone while driving, to advocating for tougher laws and penalties for distracted drivers, to launching http://www.distraction.gov, a website devoted to getting the public to “commit to distraction-free driving.”

Nathan Williams is a Brunswick personal injury lawyer, Brunswick divorce attorney, criminal defense and Brunswick DUI lawyer in Southeast Georgia. Visit http://www.thewilliamslitigationgroup.com or call 1.912.264.0848.

Medical malpractice injuries can range from moderate to severe and can even be fatal. A medical malpractice injury often significantly alters the patient’s quality of life. If rehabilitation services are needed, that can necessitate a lengthy stay, with distress and pain, and the added burden of expensive health care costs and treatment that may last for years or even a lifetime. If a patient is injured or disabled by a healthcare provider or doctor due to substandard care, he or she has a legal right to compensation.

There are several types of medical malpractice:

Labor or Birth Injury – Medical substandard care or negligence that takes place during pregnancy, birth or immediately after a child’s birth, resulting in severe injuries to the mother or infant. In many cases, the infant may be the victim of long term serious disabilities, such as cerebral palsy.

Surgical or Procedure Error – Medical substandard care or negligence from the action, or lack of action, by an anesthesiologist, nursing staff, surgeon or surgical resident that results in an injury or disability.

Misdiagnosis – Medical substandard care or negligence in which a patient is incorrectly diagnosed with a serious illness, leading to avoidable or extreme distress, or when he or she is not properly diagnosed in a timely manner with a serious illness that requires urgent treatment.

Anyone who suspects they are the recipient of medical malpractice should work with an experienced medical malpractice or personal injury attorney to determine if their medical professionals fully met the accepted standard of care.

The end of a marriage is often very bleak and depressing. If there are children involved, it can make the situation even more stressful and confusing.

When going through a divorce, having options available for alternative fee arrangements can be a welcome relief to both parties, especially since often there is no contingency plan for how expenses from the divorce will be covered.

There are two standard alternative fee arrangements: flat fee and hourly. A flat free contract is simply one amount for services rendered, and it is non-refundable. With this payment option, it is understood exactly how much is paid and for what amount of service. These fees can be high because they are intended to cover all services, but at the moment they are paid, it is unknown exactly what services will be required.

For the hourly contract, a retainer fee is due up front, and then services are paid for by the hour. As time goes on, if the divorce is complicated or takes longer than expected, the total cost with an hourly rate may be higher than the flat fee, but the total is not due up front.

The alternative fee arrangement is designed to be an a la carte solution. First a flat fee is paid to cover services that are anticipated and can be predicted beforehand. Once those are covered, the client gets to pick and choose which services to pay going forward.

Alternative fee arrangements allow clients going through a divorce to choose a plan that suits their particular needs; this affords some convenience during an otherwise tumultuous time.

Nathan Williams is a Brunswick divorce attorney in Southeast Georgia. Visit http://www.thewilliamslitigationgroup.com or call 1.912.264.0848.