The “dead shark” phenomenon can happen to any relationship, of course, including those within a domestic partnership. Ending a domestic partnership in California, however, has some specific requirements of which those wishing to terminate their legal bond should be aware.

Whether between a man and a woman or a same-sex couple, a domestic partnership can be ended in two ways. The first is by a Notice of Termination of Domestic Partnership filed with the California Secretary of State. The second is through the Superior Court. Both of these options are fraught with their own potential pitfalls, not least of which because not every domestic partnership termination is eligible to be filed with the Secretary of State. To qualify couples interested in this route, the office of the California Secretary of State provides a 13-point checklist with such questions as whether or not children were born, will be born or were adopted during the course of the relationship. Likewise, the form asks how much debt was mutually accrued (it can’t exceed more than $6,000) and how much community property is owned (must be less than $38,000).

Clearly, it gets complicated quickly, which is why many of these types of separations often end up in California Superior Court. This could be a good thing as it gives you the right to a court hearing in front of a judge. When filing a Notice of Termination of Domestic Partnership, there is no hearing. Moreover, you forfeit the ability to have a new hearing or the right to appeal whatever decision is rendered to a higher court. In court, however, you also have the right to an attorney. This is where we can help expedite an amicable end to your domestic partnership and navigate you to a satisfactory settlement. Then, no longer burdened by the “dead shark,” you are legally free to pursue the other fish in the sea.

To learn more about Irvine divorce lawyer, Gerald Maggio visit http://www.maggiolawfirm.com/.

However, anyone going through a divorce or involved in a marriage that is clearly on its last legs is best served putting the reins on such activity.  Venting about the soon to be ex should probably be limited to a conversation with a trusted confidant, preferably in person.

A recent survey of the American Academy of Matrimonial Lawyers says that 81 percent of the nation’s top divorce attorneys state they have seen an increase in the number of cases using social networking as evidence over the last five years. Not surprisingly, Facebook, which is wildly popular across the globe, leads the way in producing divorce evidence. It was cited as the top divorce evidence source 61 percent of the time.

What this means if a man is going through a divorce, he should not post photos of him and his buddies in a club surrounded by scantily clad women with a post that says something to the effect of, “Out on the town, no wife, no kids, the way my life was meant to be.” Women, of course, also should keep the level of discretion as high as possible, no matter how bitter they are about the ex-husband in waiting.

Anyone who thinks antics that could be deemed as bawdy or showing a lack of character or self-control will not be used as evidence in the courtroom is way off base.  In fact, when it comes to deciding alimony, child support and visitation rights, bank on social media activity coming up during a hearing.

“You’re finding information that you just never got in the normal discovery process — ever,” said Denver attorney Leslie Matthews recently.”People are just blabbing all over Facebook. People don’t yet quite connect what they’re saying in their divorce cases is completely different from what they’re saying in Facebook. It doesn’t even occur to them that they’d be found out.”

Former AAML president Linda Lea Viken agreed.

“(We’ve told) our clients when they come in, ‘I want to see your Facebook page,’ Viken said.’I want you to remember that the judge can read that stuff, so never write anything you don’t want the judge to hear.’

“It’s all pretty good evidence… the judges don’t really have any problems letting it in.”

Besides the social sites, bear in mind your cell phone could be the bane of your existence during divorce proceedings. The new Apple iPhone 4s has a “Find My Friends” application. A spouse is able to load you and other friends on their phone and see where you are on a map. So if you say you’re at a Ducks or an Angels game, but are instead at an address in San Clemente, home to someone who just happens to be a prominent Facebook friend, that relationship will be inspected.

All in all, anyone in the middle of a divorce should keep social media activity as vanilla as possible. Of course, avoiding it altogether until everything is done is the best way to go.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

“Victims of violent sex crimes already suffer physical trauma, fear, and an assault on their privacy and dignity,” said Assemblywoman Toni Atkins, D-San Diego, who recently introduced the bill. “To require them also to pay their abuser alimony or to give them a share of their pension or household goods is cruel and makes a mockery of the intent behind the laws governing the fair division of assets in a divorce.”

A victim of marital rape, sodomy, and forced oral copulation urged lawmakers to make this change in the divorce and spousal support laws. Crystal Harris was ordered to pay $1,000 a month before her husband Shawn Harris was convicted and sent to state prison for six years. The San Diego Superior Court judge considered the domestic violence when figuring the spousal support and reduced her obligation from $3,000 to $1,000. Crystal had a financial consultant job whereas her husband had been out of work for several years when their 12-year marriage ended. She was also ordered to pay $47,000 of the $100,000 legal fees from the divorce proceedings. Crystal felt victimized again when she was ordered to pay this even though he had committed three serious felonies.

Since Shawn is in prison, he does not receive spousal support but when he gets out, he could currently ask the courts for spousal support unless AB1522 passes. AB1522 would also allow the injured spouse to not pay the legal and attorney fees the convicted spouse owes in any divorce proceedings. This would make a big difference throughout all of California for victims of spousal assault and sex crimes.

Victims should contact a divorce and domestic violence attorney that can promptly and effectively uphold your rights when a situation occurs that harms you or the children. An experienced attorney can be your ally to help with legal and safety concerns in these times of need.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

Some parents battle with the scenario of their ex always paying late or never the full amount.

What is sad is that some exes do this to spite their ex-wife or ex-husband, but it really hurts the child. In turn, millions of kids are not receiving the support that helps them live a happier, healthier life. Before things get out of hand, there are enforcement methods to make every effort to get an ex to pay. Custodial parents should not just give up, and child support attorneys can help to make sure your child support order is followed. Courts can also require an obligor to pay one year of child support up front. Your ex must show proof of the deposit. This child support “security deposit” will get put into an interest-bearing account and withdrawals can only happen with court authorization.

One of the easiest ways to ensure child support is paid for is through wage assignment. The employer of the obligor can be served an earnings assignment order, which means that the child support will be automatically deducted from the ex’s earnings. These orders also show that the ex must notify you about a change of employment, and the new employer’s contact info, within 10 days of being on a new job.

A judgment lien can also get assessed on your ex’s real property if they owe past due child support. The lien is recorded with an Abstract of Support Judgment. Then, when the debtor tries to sell the property or get a loan from the asset with the lien, he or she will be forced to pay it off. Most lenders and purchasers of this property will be unable to proceed when there is a lien on the property, so this effective enforcement method should be reviewed.

A custodial parent can also enforce child support payments through a writ of execution. A county sheriff, marshal, or registered process server will serve the obligor with the writ of execution. This will seize the funds, real or tangible personal property, or sell the real or tangible personal property and deliver to proceeds to the custodial parent.

Custodial parents should know that timely action is needed to get the child support you are due. Contempt proceedings can be held to enforce the child support order or judgment. Every month where your ex has not paid in full can be punished as separate count. And they can be responsible for paying the custodial parent’s legal costs due to the enforcement proceedings.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

When you can lighten up your hatred toward the ex, you can be happier when you drop them off on the ex’s parenting week or weekend or during special occasions. Treat the ex almost like a business colleague so you can keep focused on the kids’ development and your sanity. A child’s self esteem grows when they can have quality time with both parents, and does not have to be a messenger between his or her parent.

Tara Fass, a family therapist, says, “To cultivate resilience in your children, try to turn down the anger on your anxiety, disappointment and rage. How you co-parent today affects generations to come and your lineage forever. The choice is yours.”

Inevitably as the kids grow and dynamics change, the parenting agreement might need to be modified. When there are valid reasons to update the agreement – extracurricular activities the child is involved in, work schedules, summer vacation – a family law attorney can help the parents revise the agreement. It is best if both parents can work out the revisions versus having to go back to a judge to decide what is fair. As Fass states, “…dissolving couples who require a judge’s assistance to co-parent are adults viewed as children in a tantrum-like frame of mind and emotion.”

Children greatly benefit from structure, smooth transitions between households, and an environment where a parent listens and truly cares about their child growing up as normal as possible. Co-parents will have their own personalities but “As long as you are both using good judgment and are acting in safe/healthy ways, then some parenting differences will actually create benefits for your child,” noted the We Can Parent Together website. “Problems with co-parenting during the infant, toddler, preschool, and elementary school years have been related to a wide variety of child problems, including problems with social adaptation, poorer preschool and school achievement, anxiety, and aggressiveness,” said the authors of “When People Parent Together”.

For many child therapists, divorce is not problematic in and of itself. It only becomes a strain on the child’s development when conflict, inadequate parenting, and unstable routines create an unhealthy childhood. If the co-parenting agreement is creating more problems than resolving them, seek the guidance of an expert family law attorney. Taking action early on will have great benefits for everyone in the family for the long term.

Renee Cary writes for Orange County divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Orange County divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

A recent article in the Huffington Post highlighted how, “This means more affairs, and perhaps an increased number of marriages breaking up due to technology.” When a person is having a bad day at home with a spouse, they often turn to social media to relieve their stress and get back some enjoyment. But before you start to post negative comments about your spouse or send inappropriate pictures or posts over social media, think twice. Otherwise, you could wreck the success of a fair divorce.

The American Academy of Matrimonial Lawyers notes that 75 percent of divorce lawyers are utilizing evidence from social media in marriage dissolutions. Use caution and restraint when posting on Facebook, Twitter, Google+, or any online technology or you could cause more trouble than your post was worth. Remember it is not social media that is causing the problem, it is your behavior that is inappropriate. Do you want to see photos of a night on the town with cocktails in the background and a post that says “thank goodness I am away from the husband and kids”? Imagine seeing this on a big screen in the courtroom for everyone to examine when it is time to decide alimony, child support, or your fair share of the child visitation rights.

Your ex’s lawyer and the judge will scrutinize these posts and be able to take them out of context. So exercise some restraint so that problems are minimized. Also be aware of the power of your cell phone. The new Apple iPhone 4s has an app “Find My Friends” that can land you in the crosshairs of a lie. A spouse can load you and other friends on their cell and see your location on a map. So when you claim to be stuck in traffic on the 405, your spouse can see in reality you are in Laguna Beach. The GPS system does not lie, and it will be hard to show that you got lost if you were truly messing around with a mistress, that happens to be a Facebook friend that lives in Laguna Beach.

So do yourself a favor and stay off all social media and exercise caution until the divorce is finalized and you want to start a new relationship. Otherwise you could jeopardize your child custody and marriage settlement because of inappropriate behavior.

Renee Cary writes for Orange County divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Orange County divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

“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

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

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/.

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/.

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

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

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

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

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

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

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

Collaborative divorce is a 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/.

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/.

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/

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/.

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” .

When parents decide to get a divorce, all of their decisions will have consequences for their children. All parents want to protect their children from the pain and suffering that can stem from a divorce, but the involvement of children is often necessary in divorce proceedings. Today, more and more parents are turning to this option rather than risking the negative impact litigation might have on their children. In fact, many parents choose to pursue mediation precisely because they have the common goal of doing what is best for their children.

Through the mediation process, parents will be able to establish a parenting plan that will work best for all members of the family. While it is the adults in the relationship that will make decisions during mediation, the input of children can be valuable and is something that parents should consider when making these plans.

If parents have made the decision to consider their children’s input during mediation, then this may require an interview. The mediator may choose to interview the child himself, or a child therapist may conduct the interview instead. These interviews can be difficult, though, because children may not want to speak about their parents’ divorce to a stranger, they may not want to disappoint one parent, or they may have been coached to give certain answers. In such cases, a child therapist may be used to conduct an interview, as he or she will be highly qualified to deal with the children’s emotional issues.

Sometimes, a mediator may believe that an interview is not necessary and may simply ask parents about their impressions of their children’s wants. This actually focuses parents on their children and encourages them to consider their children’s needs. Once this has been discussed, the mediator will then try to incorporate what the parents have communicated into the mediation decisions.

By including their children’s interests in their divorce mediation proceedings, parents will ensure that the mediation process goes smoothly. Mediation will ensure a better outcome will be achieved for the entire family and will help family members lay the foundation for a more cooperative future.

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

The fact of the matter when it comes to step-parent adoptions is that they are a whole lot easier and faster than other forms of adoption. This is because many of the states tend to bypass the home-study requirements as well as the waiting or adjustment period.

“It’s best to check these issues out with a highly-skilled family law attorney because there are also some states that mandate the custodial parent has to be married to the step-parent at least one year before adoption is allowed to proceed,” indicated Gerald A. Maggio, of the Maggio Law Firm in Irvine, California. In these instances, only the step-parent is allowed to petition to adopt the children. The custodial parent is not a part of the process in terms of the application, etc.

To start a step-parent adoption the first thing that needs to be done is to find out the applicable laws in the state of residence. An expert family attorney that handles this kind of work will have that knowledge at their fingertips.

In the alternative, researching online will also answer some of the questions that might arise. “While this might be the route that makes the most sense in terms of finances, some states require the adopting parent have legal representation,” outlined Maggio. A skilled family attorney will also know where to source case law that will assist with the adoption process and help getting the adoption application approved.

Make sure the right court system is accessed to proceed with a step-parent adoption. Depending on the state, this could be probate court, family court or even juvenile court. The court is responsible for handing out the adoption information paperwork. If it happens to be pre-packaged then all the information should be available in the package. If not, the first thing to ask is if legal counsel is required.

Make sure all the proper forms are filled out prior to filing. A skilled family attorney will assist in completing the documentation. In fact this is the smartest thing to do since most of the legal forms are confusing to someone who isn’t an attorney.

“There are many other things that need to be done to finally complete a step-parent adoption and a good family attorney will outline what those steps are in order to make the whole procedure go smoothly,” explained Gerald A. Maggio, of the Maggio Law Firm in Irvine, California.

To learn more about the Maggio Law Firm visit Maggiolawfirm.com.

These days, more and more Americans are opting to have a prenuptial agreement drafted prior to marriage. “Premarital agreements, also known as prenuptial agreements, are a smart move to protect your assets going into the marriage,” said Gerald A. Maggio, of the Maggio Law Firm in Irvine, California.

Once upon a time these agreements were regarded as a lack of trust in the other party, regarding the upcoming marriage. Nowadays, those about to be married, particularly those who are older or on second marriages, realize the value of having a premarital agreement in place should anything go sour later. In addition, prenups are for the protection of both spouses, not just the one with the most money.

Are prenups “unromantic?” “Perhaps in some respects they are, but not signing one in the State of California means the marriage would then be governed by a convoluted set of rules known as the California Family Code. What all this legal jargon boils down to is that either the people planning on getting married choose their own rules to live by, or live by the rules of the State. Most people prefer living by their own rules,” added Maggio.

Of interest is the fact that Jewish marriages have traditionally called for a prenup called a Ketubah. It is considered the whole foundation of marriage in the Jewish culture. The Catholic Church also has a similar idea, called a “Prenup Dialogue” as part of their marriage preparation courses called Pre-Cana. The bottom line here is that prenups prepare people for the marital journey ahead of them. “Talking about money ahead of time may save heartache later,” explained Maggio.

While it might cause a few moments of utter stress as the negotiations for a prenup get started, the whole process may result in a surprising turn of events. It may actually strengthen a relationship in that both sides need to be brutally honest and open about how they handle money and plan for the future. Knowing the rules going into the marriage is far better than being surprised later by rules no one was aware of and disagrees with as well. This only makes good common sense.

“When in doubt, make certain to have a consultation with an expert family law attorney who will outline what is required for a prenup in the State of California and how the prenup may be affected by California community property law,” suggested Gerald A. Maggio, of the Maggio Law Firm in Irvine, California.

To learn more about the Maggio Law Firm visit Maggiolawfirm.com.

Mediation is considered to be a form of alternative dispute resolution and it is this form of resolving differences of opinion that is used in California to settle child custody and visitation disputes. This lets the parents have the chance to try and get their differences sorted out without having to go to court and have the judge intervene in the affair.

Mandatory mediation means that if you file for an Order to Show Cause hearing requesting initial child custody and visitation orders or modification of existing custody/visitation orders, the court orders that the parties attend a mediation session at the courthouse on a date prior to the hearing date.

When it comes to mediation, there aren’t too many mysteries, as it’s a fairly straightforward process. Both sides get to discuss their problems and concerns, and the mediator helps them meet in the middle and find a resolution that works for both parties. Put another way, the whole purpose of mediation in a nutshell is to assist the parents embroiled in a child custody argument to resolve their disagreements and focus on creating a parenting plan that is in the best interest of the children.

Just because mediation is considered to be mandatory doesn’t always means that the process will work. Some of the cases that do come to mediation in California are far too complex or communications have totally broken down between the divorcing couple and they refuse to speak to one another.

There are other instances when even though a mediation agreement has been signed, the other party changes their mind. The agreement may be altered if a written cancellation request is given to the mediator. Rather than take any chances that things may go wrong at this stage, it’s wise to consult with an expert family attorney to find out what is required to cancel and what time constraints you may be under.

While mediators can do a lot of things, there are just as many things that they cannot do. It is for this reason that you should speak to a highly qualified attorney and find out the limits of mediation. If mediation doesn’t work, then there is always recourse to the courts. Just bear in mind that particular route does cost more and needs expert legal representation.

It is highly advised that you consult with a California child custody attorney to prepare you for your mediation, because each county handles custody mediations differently. In Orange County, for example, if nothing is agreed in mediation, that is the end of it and the parties continue to hearing.

In the Inland Empire, such as Riverside and San Bernardino County, even if the parties are unable to work out an agreement in mediation, the mediators there are empowered to make custody/visitation recommendations to the judge, based on only having met with the parties for one hour. The court can and often times does adopt those recommendations as a court order! So it is extremely important to take the mediation seriously and is also why having skilled legal counsel is highly advised.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.

If you live in California and are contemplating or about to actually file for a divorce, you need to be aware that California is a community property state, one of only nine like it in the United States. Community property means that spouses are regarded as co-owners of property, like being in a partnership.

There are three categories that married spouses may fit into when facing a divorce in California, the first being community property; the second being separate property; and the third being quasi-community property. Why the different categories when a couple is getting divorced?

The category the property happens to fall into controls how it is divided when the divorce is final. For instance, California’s community property law says community property is considered to be “all” property, no matter where it is located, that was acquired by the married couple while they lived in California. If the property is located within California, the California law classifies such property as community property. If the property is located outside the State of California, it is called quasi-community property.

Generally speaking, the couple both own property that they bought between the time they were married and the day they separated. Each of them owns a one-half interest in that property. This is what is referred to as community property, with both people owning it at the same time.

On the other hand, separate property is property that either spouse owned “before” the marriage or after separation. Or, it might also be assets that were received during the marriage as a gift or an inheritance. An example of this might be if a relative gifted an ancestral home to the wife. That home is then hers and is considered to be separate property at divorce time.

On another note relating to separate property: if any money is earned from that property, it is considered separate. However, if income is generated by both spouses and it is not related to the separate property, it is community property and it doesn’t matter if the money is in separate bank accounts.

Things tend to get a bit complicated when it comes to the quasi-community property category. The law looks at that as all property, no matter where it is located, or if it was bought before or after the operative date of the community property code. Wait, it gets worse, as here are the various ways property may be acquired: by either partner while living someplace else, which would have been community property if the person who bought it had been living in California when it was purchased; or if the property was acquired by exchange, then it would have been community property if the person who exchanged it had been living in California when the property was exchanged.

Talk about confusing to say the least. So to simplify things a bit, typically quasi-community property means a property acquired by a couple when they lived in an equitable distribution state prior to living in California. Once they move to California, their quasi-community property is treated like community property.

There’s one other thing that divorcing California couples need to know and that is that there are instances where separate property may become community property during the course of the marriage. To say this would come as a really unpleasant surprise is an understatement.

If you are contemplating filing for a divorce in California, make sure you hire an expert divorce lawyer who will outline the details about community property and guide you through the tangled divorce process.

Renee Cary writes for Irvine divorce attorney, Gerald Maggio of The Maggio Law Firm. To learn more about Irvine divorce lawyer, Gerald Maggio visit Maggiolawfirm.com.