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.

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.

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.

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.

The role of forensic accountants in an Orange County divorce case is often underestimated and few people recognize the importance that they have. Often the first question that is asked when an accountant is called in a divorce case is why you need a forensic accountant in a divorce case.

Why are Forensic Accountants Needed?

• There are often situations especially in terms of child support determinations where the amount that each of the spouse earns is hard to determine. Often in cases where both the spouses are self employed such a situation may arise. Here the use of forensic accountants will ensure that they do an income analysis to determine the correct amount of child support that needs to be paid.
• They can also be used by the parent who has been handed a high child support payment. Who can make sure they provide their income analysis to back their claim of an unfairly high child support amount that should be reduced.
• Similar to child support, even in issues of spousal support it can be hard to determine the correct spousal support payment. Here once again the use of income/cash flow analysis will be made by the forensic accountant to determine the correct amount.
• For self-employed spouses that own their own business entities, it will be hard for the courts to gauge the valuation of the business and its assets. A forensic accountant knows the appropriate methods used to determine the value of a company and will outline that value to the court.
• In a number of cases separate property and community property are not kept apart from one another and they are often either mixed together or used side by side. Here, tracing of what and what proportion originates from the community property and what originates from the separate property can require an expert determination from a forensic accountant.

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.

The choice of whether to out for divorce mediation or traditional litigation is an important one, since it concerns the procedure that you will opt to end your relation with your spouse. It has added significance because whatever decisions you take will have a significant effect on how your future will be.

The best way to choose between the two is to take a look at the 4 critical areas of a divorce and how each works and then decide for yourself.

Child Custody

When you hire a divorce lawyer and so do your spouse, the two will battle it out in court in front of the judge to prove each party’s worth and ability to have the child. This simply means that you are putting the future of your child in the hands of someone who does not really know you, your spouse, or your child.  Are you comfortable with that?

If you opt for divorce mediation on the other hand, you will be able to talk to your spouse under the guidance of a mediator about the child’s future. Children are the most important things in your life and mediation allows parents to amicably sort out mutually acceptable parenting plans to follow.

Alimony/Spousal Support

When you go through a divorce especially since you are a “work-at-home” mom who spent her time trying to run the household instead of earning money, you will be entitled to spousal support. This award that has to be paid by the other spouse is awarded in litigation as well as a right in mediation. In divorce mediation where both of parties decide it, the amount to be paid may be fairer to both parties.

Division of Assets

Litigation will involve the spouse fighting with one another to get the proper division of assets, which ultimately will be decided by a third party judge if not resolved by the parties.  Divorce mediation on the other hand allows the spouse to mutually decide their property affairs among themselves more quickly and cost-effectively.

In the end, divorce mediation can accomplish what divorce litigation usually works out, but at a quicker pace and lesser cost, which allows parties to move on with their lives more quickly and focus on the children rather than a lengthy divorce case that goes on for months or even years.

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.

Care

The word “care” and in terms of Orange County divorce attorneys is used in the context of making sure that the time is spent wisely by the lawyer, in that they keep the party involved in the divorce in loop with the proceedings, etc. The third aspect of care is ensuring that the lawyer works with you in trying to manage divorce costs which includes using their clients’ money wisely and practically.

Managing Expectations

One of the first aspects of managing attorney fees is managing expectations. If you are going into a divorce with the belief that you are correct and that you and only you deserve to win this case, it is an unreasonable expectation and you may be on course for having to deal with an expensive lesson.

When you hire an Orange County divorce attorney, you need to sit down and talk to them regarding the facts of the case. Only once the discussion has subsided and the lawyer has laid down their side will you be able to set reasonable expectations from the divorce case. In situations where you just impose your expectations on your attorney and give them a free pass to do whatever they want to achieve that expectation you are bracing yourself for a lot of spending and wasting of money.

Creating a Budget

When you hire a divorce lawyer, unless you have tons on tons of wealth to fall back on, you will have some figure in mind. The lawyer you choose will highlight the kind of amount you are ready to spend on your divorce case. When you have hired a divorce lawyer, in that case it is important for you to sit down with the person and set a budget. Tell them the amount you are willing to spend on the case so that know what they have to work with.

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.

When you have been in a long-term marriage, you will know your spouse and even their family and friends inside out. A divorce that is litigated on the other hand will mean that each of the spouses will be using a divorce lawyer to fight against the opposing spouses lawyers. These will typically not end well since lawyers will go through each and every measure to ensure that their client has the upper hand even if it means demeaning of the other spouse.

Don’t leave it on a sour note

Having had a decade long relation of marriage means that you should ensure that you marriage does not end on a sour note. A long marriage means a number of memories, cherishable moments and a healthy relationship with your children. If you opt to go for litigation what you are doing is ultimately making sure that there are issues in your life with regards to your past life even once you have gone through divorce litigation.

This is primarily because a lawyer-led divorce can increase the amount of bitterness between the spouses; in some cases if the marriage has gone on long enough the children may be used to testify against the other spouse i.e. their parents. This will not hurt the family emotionally, but also leave a lasting impact on the children.

Choosing a Peaceful Way

If you are looking to end your marriage that has been going on for a long time, the best way to do that while ensuring the peace and integrity of both the spouses is maintained is going for Orange County divorce mediation. There many reasons why divorce mediation suits the divorce of your long standing relation. Here is a list of some of the many advantages that it offers.

• When you enter into divorce mediation, the power of decision making is with the spouses, which means that they can make decisions of their future themselves as long as it is mutually acceptable.
• What happens in mediation stays in mediation. This means that while the proceedings of the court and the court records are a matter open to the general public. In divorce mediation, whatever happens in the process stays between the two spouses and the mediator. Ensuring that modesty of the claimants as well as their self respect is maintained.

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.

Typically when a client comes up to you and asks this question they are looking for a it will be quick answer. Whether that comes true or not will depend largely on how cooperative and conflict free your spouse is.

What happens in cases where you don’t have such a spouse? Well simply put, in such cases no lawyer can typically answer the question of how long your divorce case will take. Especially in cases where the other spouse is hell bent on stretching the divorce case. However, there are ways to combat these delays and make sure that your divorce case is resolved quickly.

Making Workable Settlement Offers

Before you start a divorce case, you need to figure out exactly what is it that you want. If you want to make sure that case resolves quickly, you need to be open to the possibility of making settlement offers. Settlement offers are attempts on your part to bring the other spouse on the table for discussion to try and agree a resolution to the case amongst them instead of it being decided by a judge.

Typically after the disclosures in the case have been made, you should look to engage the other spouse to settle the case. For that you should make sure that the settlement offer you make is enough to entice the other party top agree while not compromising on your own interests and prospects for the future. An amicable settlement agreement will usually result in the case being closed faster.

The Attorney Fee Motion

In some cases, attempts to try and settle the case fail because the other spouse is hell bent on trying to delay the case and churn out more and more attorney fees from you.  If the delays are unreasonable, it may be possible to seek sanctions and attorneys fees from that other spouse.  If successful, the amount of fees will be paid by the losing spouse in addition to their own attorney’s cost.

How long will the Case Take?

This is one of the hardest questions to answer. No divorce lawyer is able to accurately predict when the case would end. Yet, on an average if your divorce case is uncontested it will typically take 3-6 months, if it is contested it will take a year or two. Other complex cases with several disputes involved may takes years to end.

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.

Out-Spending The Mother Trying To Gain An Advantage

If you have come under the guidance of an aggressive divorce lawyer, some can encourage men to try and outspend their partner in litigation to try and break the other financially. Overzealous spending though can cause a variety of problems for the spending part such as:

• Exposing yourself to monetary sanctions for being unable to act within the standards of reasonableness.  Driving up the cost of the litigation without merit can be sanctionable by the court.

• The husband may also have to face a motion for attorney’s fees and costs related to the other spouse’s inability to pay their own legal fees.

Surrendering Your Rights as a Father on Issues of Child Custody

This is one of the most unfortunate mistakes that fathers tend to do in their Orange County divorce case.  It should be noted that the only thing that the courts take into account in deciding child custody cases is the child’s best interest. The best interest of the child needs to be proven to the court by both parents.  Fathers have the same custody rights as the other parent to start, subject to the court looking at the big picture involving the child and determining what custodial arrangement is in the best interests of the child under the circumstances of each case.

Not Asking for Modifications when Needed

In a wide variety of cases, most fathers stop paying spousal and child support payments when they are unable to instead of going to court to ask for modifications. This is a mistake that is likely to have legal repercussions to the male spouse. The failure to abide by a court’s order which spousal and child support payments is likely to result in contempt of court proceedings against the non-paying spouse.  Modifications can be sought in the Orange County family law court. Courts are unlikely to burden anyone with more than they can bear and are often understanding of the situations, and in a wide variety of cases will order modifications in the support payments, depending on the circumstances of the case.

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.

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.

Panic, on the other hand, can take these emotions of worry to a whole new level. If you are completely panicked about your divorce, it is possible that your sense of logic may be overpowered in the decision making with panic. This is likely to be your biggest mistake, since only clear and logical decisions will help you navigate the waters in this uncertain time period. Panic usually originates from the fear of the unknown, which can often leave many questions unanswered and many issues unresolved.

Choosing a Good Divorce Lawyer Using Logic

We have already discussed the importance of making the correct decision with regards to choosing your divorce lawyer. What you need to understand is that all this needs to be carried out with a clear head and logical thinking. Only when you are thinking clearly and logically will you be able to distinguish the good divorce lawyers from the ones trying to take advantage of your predicament for the sake of getting your retainer.  One of the most common ways lawyers exploit their clients is by playing on their fears.

Most of the people who are going into a divorce for the very first time are scared of making mistakes, ending up on the losing side and wanting to win the case at all costs.  Some divorce attorneys exploit such clients and their vulnerabilities by showing them a fairy-tale world where everything is likely to go their way. No attorney should ever make guarantees or promises that a client’s case is going to turn out exactly as they say, because doing so is irresponsible and, frankly, unethical.  There are many variables involved in cases that can affect the outcome in a case.

Moreover, when you aren’t thinking clearly, you are likely to express your emotions of hate, frustration, and revenge openly with your lawyer, and some attorneys will take advantage of your emotional vulnerability and entice you into retaining them with words like “destroying the other spouse,”“making them sorry,”etc.  When there are legitimate facts and reasons to fight in court over an issue such as child custody, no one can fault you for sticking up for your rights and for what you believe is in the best interests of your child.  But hiring a family law attorney who you think is going to crush the other parent can backfire in court, so you have to find an attorney for you that you feel that you can work with, who is competent and knowledgeable, and who can attempt settlement but is prepared to fight for you in court if settlement proves to not be possible.

This is primarily why you need to be thinking logically when choosing an Orange County divorce lawyer for yourself. You should look at the credentials of the lawyer, his/her past experience at handling such cases, and the overall reputation he/she has.

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.

The Bias Sell

There are things that some divorce lawyers do to try to get a potential client to retain them.  One of these things is claiming bias exists in the legal system.  In other words, such lawyers sell to their clients on the claim that the California law system is somehow against men.  As far as their claim of bias is concerned, California Family Law section 3040 states that, “In making an order granting custody to either parent, the court shall consider, among other factors, which of the parent is likely to allow the child frequent and continuing contact with a non custodial parent.”  In this day and age, there is no general bias against men or fathers in divorce or custody cases, and custody is generally decided on the circumstances of individual cases.

The Over-Aggressive Sell

There are a variety of lawyers that use aggressive selling techniques to make sure that they are able to entice the client into using their services. Such lawyers are likely to use the action words such as “going for the kill”, “taking her down” and “squeezing each and every penny from them.” These kinds of lawyers are likely to tell the father that litigation is the only chance that they have of success and to teach the mother a lesson. This, however, is not the case, because the more you go aggressively against your spouse, the more bitter the effect it is likely to have on your children.

The Unethical Sell

It is imperative to avoid anyone who may encourage clients to evade and disregard the law in a bid to protect their assets or position themselves favorably in custody cases in a less than honest way. False allegations and incomplete declarations of assets is one example.  It is always better to be transparent when it comes to disclosure of assets and what the “truth” really is, because taking the low road can often backfire and have negative consequences in your 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.

When you are preparing for an divorce case, most spouses tend to get all the aspects of planning and preparing right except for one of the most important ones. While planning a case is important, an even more important thing in this regard is planning for the costs of the attorney. The problem of paying to an attorney comes differently to people of different socio-economic segments of the society.

The people with low incomes are often worried about how they are going to be able to pay the costs of a divorce lawyer, while the rich earners are likely to be stressed about paying also the costs of their spouse’s lawyer.

To make sure you aren’t left unprepared or underprepared in this regard, here are some points to know so that you are able to plan better for the legal costs of the battle in courts ahead.

Can the Attorney Fees be mitigated by settlement of certain aspects?

When a divorce case starts, the first thing your divorce will do is to identify the aspects in the case that can be settled out of court and the ones that will need to go to court. This step is extremely important, since it involves the elimination of certain issues for going to court, thereby eliminating excess costs.

The cost of the cases, especially the ones that involve child custody, can range from a few thousand to tens of thousands. The reason for this is the nature of the complexity in the cases. If the cases being dealt with involve allegations of child abuse, substance abuse, or neglect and endangerment, the court is likely to take its time to investigate such claims.

Are you a high or a low earner? How is that doing to affect the attorney fees?

The second step in the process of planning for the costs of an Orange County divorce attorney is to determine the higher earner out of the two spouses. This determination is important because the higher earner is expected to contribute in the attorney fees of the other spouse as well. The importance of this rule cannot be stressed enough, since it is based on the concept of parity between the spouses and it is integral to the working of the family law system.

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.

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.

Having said all that though, the role of an attorney still continues to be in Orange County mediation contrary to the popular belief. In this blog, we take a look at the role of the attorneys in mediation both before and during the process.

Pre-Mediation

Mediation is similar to arbitration and litigation in one respect; the fact that all three of these processes need adequate amounts of preparation. This is where the role of the attorney starts. An attorney can help prepare the clients using any of the following methods:

• By having a detailed conversation with the client regarding what divorce mediation is and the workings of the process. Attorneys are well versed in contrasting and drawing parallels they may use that skill to try and make the client aware of the process by drawing comparison to methods that the client knows well. A good family lawyer is likely to make the client aware of the differences of this method and the intricacies required to make it work.
• By aiding the client in the preparation of arguments and positions that they should take in Orange County mediation. Mediation is a process that has lots of paper work involved. A good divorce lawyer will make sure all the documents of a client are in order and ready to be used in mediation.

The Role During the Mediation

When it comes to the actual divorce mediation process, the role of the attorney is drastically different to one that they have in litigation proceedings. Here, the role of the attorney will only be to assist the client throughout the process. Below is a list of the ways they can assist the client in terms of divorce mediation:

• Attorneys need to first of all take note of the supportive role of the client and then try to help them with respects to information and advice.
• The role of the attorney throughout the process is likely to be one of being cooperative, supportive and committed to the process and their clients, assisting them in trying to bridge decisional differences.

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.

If you add abuse to a bad marriage, the situation goes from difficult to dire. For a wife, divorcing an abusive husband can be difficult, because you don’t know how a violent man would react.  However, if the abusive husband is putting the well-being and the life of the wife and children in jeopardy, divorce may pretty much be the only solution.

Divorcing an abusive husband becomes difficult in cases where the marriage has been going on for a long time, and the husbands are the only providers of the family.

What is Abuse in Terms of Family Law?

In the context of family law, the word abuse has a broader meaning. Abuse is when someone recklessly or intentionally tries to cause or is successful in causing:

• Sexual assault
• Injury to any part of the body
• Causing the person to live with a serious threat of grievous bodily harm or damage at any stage
• Engaging in any kind of behavior that is defined in the California Family Code section 6320, which defines such behavior as, threatening, battering, striking, stalking, harassing, etc.

Divorcing an Abusive Husband

The key to divorcing a husband who has a history of frequent abuse is to act immediately and decisively. The law in California protects the spouses from any kind of abuse from their other half and you should try and use those avenues of the law to your advantage.

One of the first and most immediate actions that need to be taken is to seek an immediate restraining order in the family law court. Sometimes though, owing to the situation of the couple or any other legal issues, restraining orders might be unavailable. In such cases, you should ask your divorce lawyer to ask the court for protective orders that limit and regulate the contact between the two spouses. In addition to this point though, there is also a need for more practical steps on the side of the wife, where she needs to move out of the house or away from the abusive husband.

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.

Yet, if you face a legal issue and come to a qualified divorce lawyer, there can sometimes occur a bit of a dichotomy for the clients. They are then at the crossroads of whose advice to pay heed to. Should they listen to their family regarding such an issue? Their friends? Or their Orange County family law attorney? This blog will give you some input as to whom to listen to when you have a legal problem in your family or personal life.

Divorce is an issue that is primarily a case of the happenings between you and your spouse with or without the interference from people on the outside. Most divorces are a mixture of a series of decisions that are taken or not taken by either spouse. Unlike other professions such as in medicine, divorce attorneys and their clients have a greater degree of consultation in their decision-making with each other.

As top Orange County divorce lawyers, we understand that the process of divorce can be painful for most, and in times of pain, the family and friends are usually the people to fall back to for support. While their support for emotional stability might be helpful, their advice in terms of decisions regarding the divorce case can be catastrophic.

Relatives of the people going through a divorce tend to have emotions charged themselves which means that their judgments and advices can be more out of some particular emotion rather than logical thinking. It is often seen that the relatives aren’t well versed in family law and may lead the spouse into making a decision that is unacceptable in court and might lead the spouse himself in trouble.

Compare the above to how divorce attorneys deal and the answer to the question raised at the very start will be clear. Lawyers treat their clients professionally, and with a professional connection with their clients, they can base their decisions on a clear-headed approach that enables them to give legally practicable advice to the client.

While the intention of the family and friends shouldn’t be doubted, it is important for people who are going through divorce that law is a profession that involves expertise, objectivity, and calm.

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.

Despite the first-blush attractiveness of separation, though, the legal protections and finality that divorce provides usually makes it the best course for couples with irreconcilable differences.

People are often confused by what, exactly, “separation” means, and therein lies one of the fundamental problems with separation — its ambiguity. There are several types of separation, each of which affect property rights differently. They can be defined as follows:

• Trial separation, in which a couple tests the waters of separation for a period. Because trial separations are not legally recognized, all assets and debts amassed during such a period are usually considered marital property.
• Living apart, which is another nebulous, temporary arrangement, during which assets and debts can be accumulated that, depending on the state in which splitting couples reside, may or may not be considered joint property.
• Permanent separation, which is a de facto disunion. In most states, debts accumulated during this period are considered the obligation of the spouse who incurred them, with the exception of those debts amassed for certain necessities, such as child-rearing or household maintenance.
• Legal separation, which is when spouses separate and a court rules on the division of property, alimony, child support, custody and visitation. If legal separation seems to be divorce in all forms but the name, that is because couples who prefer this option usually choose it because they are opposed to divorce on religious, personal or financial grounds.
• One type of legal separation, annulment, is a legal outgrowth of religious opposition to divorce that U.S. states adopted many years ago. An annulment can sometimes be granted in circumstances when fraud has been committed (for example, in the case of a husband who said he wanted children but did not reveal to his wife that he had had a vasectomy prior to the marriage).

In the case of annulment based on alleged fraud, the fraud must first be proven legally. Divorce is more straightforward and unencumbered by the issue of fault. Indeed, in many states, simplified divorce procedures exist for those couples with no children and few assets or debts.

In Virginia, a spouse can avoid the potential stress that a courtroom face-off presents by appearing at a court-reporter-attended deposition. After that, his or her attorney files the transcript of the deposition along with the spouse’s final decree of divorce. In some cases, a deposition can even be conducted over the telephone. Within a few days of the filing, the court returns a final decree.

With the finality that a decree signed by a judge provides, spouses who divorce can proceed with their lives assured that all legal and financial issues related to the marriage have been settled. A competent divorce lawyer will help to make sure that all issues have been resolved and will expedite the process, saving the parties involved time, emotional stress and potential expense.

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

Property acquired after the date of separation is deemed to be separate to each party; property acquired before the date of separation is community property.

The difficulty is, many couples do not think to record their exact date of separation. Such a life-altering change can also be difficult to tie to a single day. 

For example, a couple might come to the conclusion that their eight-year marriage is over in 2011, but continue to cohabit and share expenses and parenting duties until 2014. Was their marriage eight or 11 years long? 

In many cases, former spouses struggle to agree on a named separation date. If that happens, courts use two different tests to determine a date – a subjective test and an objective test.

The subjective test holds that physical separation in not enough to indicate that a couple is separated. Some couples may live apart for periods of time with no intention of filing for divorce. The court examines “intention” by looking at a couple’s conduct towards one other. This test, combined with the objective test, helps the court set a separation date.

Using the objective test, the courts figure out when a couple started living apart. This generally happens when one of the spouses moves out. However, in today’s economic climate, many former members of couples continue to share a house because they cannot maintain two residences. In such situations, U.S. courts account for ways to ensure and prove physical separation. That proof needs to be offered to the court. One spouse, for example, might have moved to a basement suite with external access to the main home on the couple’s date of separation.

Once the court has arrived at a date, it will be used for the rest of the divorce process. The date of separation for a couple in California may be determined by the court, provided that the couple has not written it down or retained any proof of actual physical separation.

Today’s families often find themselves in difficult financial circumstances. They remain together, yet apart, for the sake of their children. While not actually a bar to obtaining a divorce, there may be issues determining a date of separation that one individual regards as unfair.

When there is doubt as to the date of separation or how to proceed with a divorce, seek the counsel of an experienced divorce lawyer.

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.

How to Avoid Angry Partners? Play Nice

Disputes over assets have been going on for years between divorcing parties. The outcome of fighting over assets isn’t a satisfactory one, as by the end of it, both are bitter, exhausted, and may not have gotten what they really wanted. Their lawyers probably fought ferociously to get their client the best deal, but one person’s lawyer was just a better arguer. So, is there a better way to handle the division of assets? Of course, there is.

Both of you can sit together and make a list of all the assets in a good-natured way. Usually, partners use their attorneys to send the other partner a message, but that only makes things worse and may even delay the process. Instead, coming up with an agreement together will help speed up the divorce proceedings. When both parties refuse to meet up alone then they should go for divorce mediation.

Hire a Divorce Mediator

When both partners refuse to see eye to eye, they may need a push in the right direction. They need the assistance of a divorce mediator to facilitate communication amongst them. Through divorce mediation, both parties will be able to come to an agreeable resolution regarding the distribution of assets. Later, they can take it to a divorce lawyer for a second opinion. However, if you choose litigation, the process of dividing assets such as house and car will differ.

Dividing a House and a Car

In many circumstances, judges can award the house to the partner who has primary custody of the kids. If children are not involved, dividing the house is a major issue which most couples solve between themselves or by putting it on the market. The next issue that arises is dividing the cars.

Regardless of who owns the vehicle, in a marriage they become marital property. The first thing that people look at is to figure out the car’s market value, which can be determined by Kelly Blue Book or other online car valuation websites.  If you own a leased car, the car is more of a financial liability than an asset.  In addition to dividing cars and the house, you need to divide household items.

Dividing Retirement Benefits and Co-Owned Family Business

Working people often don’t believe that their partner is entitled to their retirement benefits. However, this is a common misconception because just like with vehicle ownership, retirement benefits are community marital property. With joint businesses, a person can buy their partner’s share or provide them with financial compensation.

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.

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/

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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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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Divorce can have a profound effect on children. And children do not really have a say in whether their parents stay together. Obviously, having children gives parents an enormous incentive to work things out. But in the end, the decision to keep the family together or split it up rests with the parents.

Health scientists and social scientists want to know exactly how divorce affects children. Let’s look at a pair of recent studies on the consequences of divorce and then discuss how those ill-effects might be mitigated or avoided altogether.

The first study showed that children of divorced parents may be at greater risk of health problems. Researchers at the University College of London studied the blood of 7,462 people age 44. They found that the subjects whose parents had divorced before they reached age 16 showed elevated levels of a protein that is associated with increased risk of adult-onset diabetes and heart disease.

Dr. Rebecca Lacey, who led the study, said that it is not necessarily the divorce itself that causes the physiological changes, but rather the socioeconomic hardships that often accompany divorce when compared to two-parent households. For instance, children of divorced parents can face greater economic challenges and more limited educational opportunities.

The second study indicated that children of divorced parents regard their relationships with their parents as less strong than other children. Researchers at the University of Illinois at Urbana-Champaign surveyed 7,335 men and women averaging 24 years old. Those from divorced families less often saw their current relationship with their parents as “secure.” The effect was more pronounced in those whose parents divorced before they reached age 5.

If you think a divorce may be in your future, studies like this can be disheartening because you feel conflicted about what is best for your children and yourself. But not every divorce or troubled relationship or child is the same.

If divorce is inevitable, at the very least, it can be peaceful. “Collaborative divorce” is a process by which couples agree from the outset to cooperate and negotiate toward a solution that is satisfactory to both parties and their children. They agree not to litigate against each other. The process is not only often faster and less expensive than litigious divorce, but also far less emotionally draining.

Many couples with prenuptial agreements find that they give a certain peace of mind and help them avoid fights. If you are considering divorce, it is too late for a prenuptial agreement, of course, but not for a postnuptial agreement. “Postnups” are just like prenups, but for couples already married. Sometimes it can help prevent conflict to have a written agreement in place, and if a divorce still comes to pass, the outcome is largely prenegotiated and the process can be relatively quick and painless.

Notice one thing both the studies mentioned have in common: the negative effects of divorce on children are worse for younger children. No divorce at all gives kids the best chance, but if divorce must happen, later is better than sooner. If you and your partner can stay amicable and on the same team for the sake of your child – even for just a couple more years – the benefits can be significant. Couples therapy can go a long way to help you make this happen.

Remember, when a divorce is finalized, you can still give your children enormous advantage by actively maintaining healthy, happy relationships – both with your children and your ex. Children who see their parents maintain civility and cooperation and keep close ties with both of them will fare far better than those who do not.

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

When an ex-spouse with shared custody wishes to move a significant distance, therefore, he or she must obtain proper permission in order not to violate the custody agreement. Florida statutes refer to such a move as a “relocation.” A relocation is a change of one’s principal residence to a new location at least 50 miles from the current location for a period not less than 60 consecutive days.

The first step is for the ex-spouses to try to come to a relocation agreement. If they are able to do so, they sign a written agreement that states consent to the relocation, establishes a new time-sharing schedule, and describes any necessary transportation arrangements. After signing the agreement, the couple request a court order ratifying the agreement. The court will usually presume the relocation to be in the best interests of the child and ratify the agreement without a hearing of evidence.

If the couple cannot come to an agreement, the parent wishing to relocate must petition the court. The petition must include the location of the proposed new residence, the intended date of relocation, a statement detailing the reasons for the relocation, a proposal for a revised custody sharing schedule, and specific legal language indicating that if the counterparty objects, he or she must notify the court within 20 days. The relocating parent must serve the other party with a copy of the petition.

If the other party objects to the move, then permission for the relocation must be determined in court at a hearing or trial. There is no presumption for or against the relocation. The court must evaluate the following factors:

• The nature, quality, and duration of the child’s relationship with each parent and with other family members and significant persons.
• The anticipated impact of the relocation on the child’s development.
• The child’s preference, within the context of his or her age and maturity.
• Whether the relocation will benefit the relocating parent and/or the child, especially with regard to the parent’s employment circumstances.
• Whether the objecting parent has fulfilled his or her obligations to the relocating parent.
• Any history of domestic violence or substance abuse.
• Any other factor affecting the child’s best interest.

After considering all these factors, the court will grant or deny the petition to relocate.

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