May 14, 2011 in Family Law, Legal Articles by jferris

Divorcees Should Focus on the Kids and Not on Their Hatred to Each Other

Divorces typically are all about the two adults who can no longer get along and who deserves what assets, property, and privileges. Even though each spouse might equally love the children, oftentimes divorce can bring out the worst behaviors in a parent. Before, during, and after the divorce proceedings it is critical to focus on a healthy and nurturing environment for the kids; otherwise, the negativity can have big consequences on their livelihood.

“Children tend not to tell you when they are angry, resentful, confused, hurt or depressed,” said author Rosaling Sedacca in her book How Do I Tell the Kids…about the Divorce? “Instead kids reflect their problems through their behavior – acting out or perhaps turning inward in ways that you have not experienced prior to the divorce. Take time to see the world through your children’s eyes and you will be better able to meet their needs, understand their confusion or aggression and find appropriate ways to dissolve tension through your conversation and caring behaviors.”

Parental behavior that involves negatively talking about one parent, missing or cutting into the other’s parenting time, or concealing the truth can wreak havoc on a child’s emotional wellbeing and alter their perceptions of how they should act. Children who watch parents say cruel things, lie, and seek revenge can end up being rude, hostile, dishonest, and hold grudges or worse.

Many child psychologists promote that parents must set aside whatever ill will they have towards their ex to effectively be a good parent. Yes, this will involve a daily focus to accept the child custody and shared parenting time. Halting the negative words and interacting proactively with your ex will show that people can be their own individuals and be courteous yet have their boundaries.

Divorce law and child custody agreements are all about the best interests of the children, so the earlier an individual focuses on this fact and has a good child custody attorney by their side will bring about faster and fair results. From visitation and shared parenting rights, to adequate child support and enforcement, a skilled child custody attorney will address all the factors needed for the children.

A schedule must be created so that each child will get to enjoy a normal schedule with each parent as well as specific holidays, vacations, birthdays, and special cultural and religious days. Patience, tolerance and communication are critical to make the schedule work and ensure that the kids are benefiting from it. The agreement will also detail decisions regarding medical, education, religious, and any other special considerations for the children.

In California, Riverside child custody attorney Gerald Maggio helps individuals define a reasonable parenting agreement that will help the child and parents create a healthy, supportive environment. The Maggio Law Firm is experienced in child custody, child support and all divorce matters and strives for the best outcome to maintain and preserve the parent-child relationship.

For more information:

The Maggio Law Firm, Inc.

www.maggiolawfirm.com

Orange County Office

8105 Irvine Center Drive, Suite 600

Irvine, CA 92618

(949) 553-0304

(949) 553-0346 Fax

Riverside Office

3750 University Avenue, Suite 670

Riverside, CA 92501

May 13, 2011 in Family Law, Legal Articles by jferris

Tackle Financial Concerns with the Counsel of a Divorce Lawyer

Divorce is an intense emotional and financial process that is best guided by an experienced divorce lawyer. A key part involves calculating what an individual’s living expenses are, how children can affect this amount, and advice on how to transition to the new single lifestyle. Questions such as whether you can keep the children in private school, what you are able to afford for a house payment and what assets are needed for the long term can be complex without an experienced attorney to give you the knowledge and confidence for the next steps ahead.

A good divorce lawyer will help a client examine and evaluate the marriage settlement agreement (MSA) and make sure they understand the transfer of monies, assets and property. Sometimes even asset and income tracing are needed to ensure that a spouse is not hiding crucial assets from the other spouse. An experienced attorney will oftentimes have contacts with certified public accountants and financial counselors that can help individuals with managing their cash flow, financial crises and goals they want to accomplish. These key individuals will make up a solid team of experts to help a client through the divorce and get on more solid financial footing for the future. Their financial background will help calculate each spouse’s net worth and establish figures that the courts will agree with.

“Ask your lawyer to help you identify which decisions absolutely need to be made now, and which can wait until your emotions are under control,” said Stacy Francis of the Institute for Divorce Financial Analysts. “Big decisions made in an emotionally unstable state of mind usually turn out to be expensive and non-sustainable ones.”

From budgets, assistance with retirement planning, taxes, and estate matters, a skilled divorce attorney can point their client in the right direction to ensure the MSA and any child support or spousal support will be adequate for the long term. Their team of experts will go over the consequences of keeping one asset over another. Typically, one of the biggest challenges is to determine if it is better to keep the marital home or negotiate for the pension or retirement plan.

“A house requires income to pay for repairs, maintenance, improvements, property taxes, and assessments; a pension, however, produces income without costing income,” said Garrick G. Zielinski, president of Divorce Financial Solutions. “You cannot sell a windowpane to put food on your table during your retirement years. It’s not how many assets you have – it’s what you can do with the value of those assets that matters most.”

In Orange County, Irvine divorce attorney Gerald Maggio helps clients focus on the important financial and parenting matters during their divorce proceedings. The Maggio Law Firm is known for their personalized attention and assisting clients with all the documents, details, and financial questions. They are a valuable advocate that upholds their client’s rights as they push toward a fair and expeditious divorce settlement.

For more information:

The Maggio Law Firm, Inc.

www.maggiolawfirm.com

Orange County Office

8105 Irvine Center Drive, Suite 600

Irvine, CA 92618

(949) 553-0304

(949) 553-0346 Fax

Riverside Office

3750 University Avenue, Suite 670

Riverside, CA 92501

September 14, 2010 in Family Law, Legal Articles by jferris

Hiring the right divorce lawyer

People are always asking about how to choose when hiring a lawyer. Orange County divorce attorney Gerald Maggio offers some tips for choosing wisely.

You’ve made the decision to divorce. You hoped that it would work out, but now your spouse is more of an intimate stranger. Should you start wading through the print ads in the Yellow Pages or log on to Google “Divorce Lawyers” by proximity? “Wait,” says Orange County divorce attorney Gerald Maggio. “Do some research first.” You don’t want to hire the wrong lawyer and end up exacerbating your situation.

“Your first move should be consult friends and family for personal references,” Maggio says. “That’s a good first step toward finding out not only the names of a few good divorce lawyers, but it also may indicate who you should stay away from.”

The legal process of divorce is “like a minefield,” says Maggio, “You don’t want to hire an attorney who blows up in your face.” Besides minimal standards of expertise like passing the State Bar Exam, you should ask your potential lawyer questions that gauge legal expertise – especially in the area of divorce – and experience.

“If I was looking to hire an attorney, I’d have a list of questions at the ready,” Maggio says. “How long have you been practicing in California? How many divorce cases have you handled in the past five years? How many in the past year? What’s your success rate? What do you define as success? Specifics about child support, distribution of assets, the statutes in California pertaining to divorce, should all come into play during your initial consultation.”

While meeting with the prospective divorce lawyer, you should be engaging your gut instincts. How is the attorney with eye contact? Does he listen? Is she courteous? Did the prospective attorney answer your questions in a truly informative manner? “You will need to maintain a rapport with this person for at least several months, and perhaps a lot longer, while your divorce is in process,” Maggio says. “Why hire somebody you don’t like?”

Although something like your “gut instinct” might seem unscientific, it might be an excellent indicator of whether your client-attorney relationship will be successful. “Rapport is one of the things that can be paramount,” Maggio says. “The other is expertise – a comprehensive grasp of your specific circumstances and how to strategize so that a desirable outcome is at least a strong possibility.”

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

September 14, 2010 in Family Law, Legal Articles by jferris

Disposal of Assets Question

Orange County divorce attorney Gerald Maggio often has to field the following question from female clients: My husband and I have a lot of assets we acquired during our marriage. How can I be sure that I get my fair share?

Orange County divorce attorney Gerald Maggio often must field the following two-part question from female clients who are in the process of divorcing: My husband and I have a lot of assets we acquired during our marriage. How can I be sure that I get my fair share?

It’s a simple question, but deceptively simple. The term “fair share” is relative. While almost everything that you and your spouse acquire during your marriage is marital property, everything from the family home to such non-tangible assets as retirement benefits, fairness is in the eyes of the beholder.

“No matter where you live in the United States, you will not automatically receive half your marital assets in a divorce,” says Orange County divorce attorney Gerald Maggio. “Not even in California.”

California is a community property state. “In California, division of property begins at 50-50,” Maggio says. “But there are some important things you should know about community property.”

All assets are considered to be community property, but so are all debts. “Both are generally split right down the middle,” Maggio says, adding that it can also get tricky when spouses become evasive. “Spouses who are aware of the community property provisions may hide debt or increase debt because they know that their estranged spouse is equally responsible.”

If you don’t solely live in California, but have residency in two states (for instance, one that is community property and one that is equitable distribution), your divorce could become a daymare. “Here you might want to ask your attorney which state would be more beneficial for you to file in,” Maggio says. “As a general rule, the higher wage owner will come out better in an equitable distribution state, while a stay-at-home spouse would benefit from the community property state.”

Besides California, only eight other states use the divorce standard of community property for distribution of marital assets. These are Arizona, Idaho, Louisiana, New Mexico, Nevada, Texas, and Washington. The remaining 41 states do not have community property laws as their standard.

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

August 14, 2010 in Family Law, Legal Articles by jferris

The Maggio Law Firm Offers Advice on Preparing for a Deposition in a California Divorce

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

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

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

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

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

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

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

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

August 14, 2010 in Family Law, Legal Articles by jferris

The Maggio Law Firm Explains the Process of Collaborative Divorce

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

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

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

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

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

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

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

July 13, 2010 in Family Law, Legal Articles by jferris

The Maggio Law Firm Explains the Benefits of Choosing Mediation

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

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

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

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

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

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

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

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

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

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

June 11, 2010 in Family Law, Legal News by jferris

Prenuptial Agreements Allow for Division of Future Earnings

Prenuptial agreements can be designed to protect more than just premarital assets. They can outline how couples want to divide their future earnings in the event of a divorce.

While many people assume that prenuptial agreements are only useful when one partner brings a significant amount of wealth to the marriage, this assumption is incorrect. Prenuptial agreements are not limited to specifying the division of assets attained before the marriage. They can also be useful in specifying the division of assets that are accumulated during the marriage. There are a number of different situations which warrant a prenuptial agreement when neither partner has a lot of assets before the marriage.

A common example of a situation in which a prenuptial agreement might be necessary is when one partner agrees to support the other during professional or graduate school. Even though neither one of the partners has a lot of money at the beginning of the marriage, supporting the other partner through school can have a great impact on that partner’s future financial success. In a situation such as this, the earning potential of the partner who receives the advanced degree is likely to be much greater than that of the supportive partner.

Without a prenuptial agreement the partner who earned the advanced degree isn’t likely to be obligated to share his or her earnings with the other spouse in the event of a divorce. However, a prenuptial agreement can be used to protect the interests of the supporting spouse by specifying terms for spousal support in the future.

More and more Americans are choosing to become small business owners, and a prenuptial agreement can also protect spouses who have individual interests in forming a business and those who choose to go into business together. A prenuptial agreement can set out rules for how business assets should be handled and divided in the event of a divorce. By agreeing on these issues in advance, both spouses can be confident that their earnings will be divided fairly.

Prenuptial agreements can thus provide couples with a feeling of security about the assets couples accumulate together. An expert family law attorney can help couples draft a prenuptial agreement that will protect the interests of both parties and their future earnings.

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

June 11, 2010 in Family Law, Legal News by jferris

The Maggio Law Firm Encourages Unmarried Mothers to Consult a Family Law Attorney

Unmarried mothers face a number of legal issues that must be dealt with to secure the health and happiness of their child. A family law attorney can help unmarried mothers navigate these difficult legal issues and secure adequate child support.

Unfortunately, many unmarried women find themselves alone after they become pregnant and the father of their child leaves. This abandonment can be emotionally taxing for a young woman by itself, and there are a number of legal issues at stake that must be handled as well. Not only must the child’s paternity be confirmed, child support must be secured from the baby’s father, and a child custody arrangement must be worked out between the parents.

Once an unmarried woman becomes pregnant, determining the paternity of the child is essential in pursing child support. With married parents, paternity is established automatically. However, if parents are unmarried, paternity establishment is not automatic. Both parents should start the process as soon as possible, so that the child will not have to suffer. Once the child is born, unmarried parents can establish paternity by signing the voluntary Declaration of Paternity. If the father contests the paternity, a paternity test can be administered.

Once paternity is established, a family law attorney can then work to get an order of child support from the father, and the California Department of Child Support Services can assist unwed mothers with child support collection and enforcement. Securing child support is an essential step for unwed mothers, as it offers the financial support necessary to make sure that the child is properly taken care of.

Child custody arrangements between unmarried couples can be quite complex and difficult to navigate. An experienced family law attorney can help unmarried mothers construct a child custody arrangement that will work for both parents and will serve the best interests of the child. When establishing custody, the courts will take a number of factors into consideration including:

• The child’s health, safety and welfare
• The stability of each parent’s home environment
• The history of physical abuse
• The parents’ criminal history, as it may restrict custody or visitation orders
• Whether or not siblings are involved
• The wishes of the child, if he or she is old enough to make them known

A family law attorney can provide assistance in working through all of these issues. Just because a young woman is not married when she becomes pregnant doesn’t mean that the mother, and child, do not have legal rights.

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

May 13, 2010 in Family Law, Legal Articles by jferris

Who Foots the Bill in a California Divorce?

Dealing with divorce is complicated enough, but having to deal with dividing debts makes it considerably more difficult. How a couple’s debt is divided depends on a number of different factors.

In California, the community is liable for all debts that were incurred during the marriage, regardless of which partner actually incurred the debt and whether this debt benefitted the family or the individual. Both parties are thus equally liable for the debt, and this debt should be divided evenly when settlements are being discussed unless the parties come to some other agreement. For example, one spouse may agree to pay off the joint debts in exchange for a greater share of the community property. A spouse may be inclined to do this because it will ensure that he or she is not responsible to the creditors.

Couples often face issues when one party has been off the other’s pre-marital debts. Oftentimes, a couple is married and one spouse has a great amount of pre-marital debt that the other spouse agrees to help pay off.  In this case, the couple has used community property to pay off a separate debt. If either party files for dissolution of the marriage, California case law states that the community is entitled to reimbursement for the amount it paid to discharge one party’s separate property.

Debt that occurs after a couple has separated can be a more complex affair. If there is no court order or written agreement established in the separation that outlines payment of the debts incurred, then those debts that are deemed “necessaries,” will be confirmed to either spouse according to their respective needs and abilities to pay at the time the debt was incurred. Debts incurred by either spouse for things deemed “non-necessaries,” of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt.

Divorce can be a difficult process and dealing with debts incurred during the marriage and afterwards can be hard to navigate. It’s a smart idea to consult a California attorney who can provide guidance about how debts incurred during a marriage are likely to be divided by the court.

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