As a child, the first thing you remember aside from your parents is the home that you lived in. For children, the importance of the home that they live in and have lived it for the whole of their lives is immense. This is why keeping the children in the marital home is top priority for most parents even when going through a divorce.
Responsible parents will know the importance of giving the child something to hold on to and feel stable about when the whole world that they have known is changing around them. To achieve this, some parents adopt what is called a nestling plan.
What is a Nestling Plan?
A nestling plan is a term that is derived from the home that birds live in, i.e. a nest. The arrangement in this is such that the parents mutually decide to keep the marital home and the children continue to live in it. Each of the parents takes turns living there with the children when it is their turn to have custody. The other parent, meanwhile, live somewhere else during their non-custodial times. Here is a look at the pros and cons of having a nestling plan for your children post divorce.
Pros
· Financial
Keeping the marital home and simply renting another small apartment to live in for either of the spouse when it’s not their parenting time represents a significant reduction in the cost of residence. This is the single largest expense for a spouse post-divorce and so a nestling plan can help you in terms of financial savings.
· Emotional
When you are parents what is the first and foremost thought that comes to your mind? Yes, it is the well-being of your children. Even when you get into a divorce you are not ceasing to be a parent. You will continue to be a parent and keeping the marital home will ensure that you allow your children some emotional solace to stay in the place where they have routine, friends and a life.
Cons
· Financial
Staying in the marital home can also be an advantage and depending on perspectives also a con. Also, this is not really a long-term solution.
Generally, a nestling plan is a viable option while you are going through your divorce or for a certain period of time thereafter, but not necessarily as a permanent arrangement. However, during a divorce, it can provide stability to the children of divorce until a final resolution is worked out and the parties can move forward with their lives.
Gerald A. Maggio is a trained Irvine 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 simple fact about getting a divorce is even if one party wants to get a divorce, both of you will get a divorce. There is no need for permission by the other spouse for the divorce process to go through. It can go on without it.
While you can get a divorce if you are hell bent on getting it, trying too hard and pushing the other spouse into the process can ultimately lead to wide ranging bust ups and bitterness between the two spouses.
You should always remember the fact that the way your Orange County divorce starts will set the tone and path it will take throughout the separation procedure. If you want a divorce you can go to the court and get one, but is that really the best option especially if you have kids?
The best way to divorce in a relationship that has kids is through Orange County divorce mediation. But for mediation to work, you need to understand the objections to divorce that your spouse has raised and then logically addressing these to them.
Here are the 3 top reasons your spouse may raise against going ahead with a divorce.
#1: For the kids’ sake it’s better to stay together
Some spouses believe that parents need to stay together with one another be it at any cost just to make sure the kid’s are taken care of. While this may academically be relevant, in reality that is not the case. A divorce in itself doesn’t necessarily have a lasting detrimental effect on the children.
It may be a setback to not have your parents living together, but if the parents are able to agree on an effective co-parenting procedure the change will not be visible to the child. All in all, it’s better than seeing married parents fighting it out daily.
#2: Let’s give it a little time to work it out
People don’t wake up one day and decide that they are better off with a divorce. The decision of wanting out will require a number of years of emotional torment, and deliberations. Most spouses that opt to divorce will opt for it at a stage when it has really become stagnant and there is very little if anything anybody can do to make it better.
When that’s the case, no counseling or time together can change that and ultimately a divorce will need to be taken.
#3: It’s better economically to stay together
Spouses who are practical may look at divorce as an unnecessary financial strain. While that may be true, it needs to be remembered that people who live apart are more aware of their finances and thus tend to be more responsible with their spending among other things.
Gerald A. Maggio is a trained Irvine 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.
Over the years Orange County divorce mediation has become a viable alternative to a litigated divorce. This is because couples are increasingly looking to avoid the hassles of a court-led divorce to one that is easy, simple and can be concluded in a shorter time to traditional divorce. Yet very few people know very much about it, apart from the usual.
Orange County divorce mediation is not all that you think it is, this blog looks to bring to light things about mediation that you didn’t know.
Mediation is a process that needs to be carried out by people who are reasonable but can’t resolve their differences between themselves.
There are a number of people who have decide their settlements between themselves and are still waiting for an Orange county divorce mediation to stamp a formal authority over it. While this process can be entertained in mediation. Primarily meditation looks to resolve disputes and bring couples to a settlement.
Orange County divorce mediation is a process that provides and out of court resolution sensibly with little legal system involvement
When couples discuss their issues in a settlement hearing, the environment is tense and the lawyers fro, both sides bearing on one another. Negotiation and conflict resolution in such a case is not an option. Mediation on the other hand is a more structured process, which creates better environment for conversations between the two spouses. The atmosphere in mediation is kept non confrontational to make sure that the couples are able to exchange solutions and resolution instead of insults and barbs.
Mediation uses a neutral third party to administer the process known as the mediator
Orange County divorce mediation is carried out by a professional mediator. Having said that, they are not arbitrators, judges or referees hence their work is not to in any way to make decisions. They are only tasked with maintain a positive atmosphere and guide the parties through the procedure and structures to be followed.
The success of mediation rests on the willingness and reasonableness of the individual
Once you have gone through a breakup and are heading for an Orange County divorce, emotions tend to run very high. These emotions can often for the first few stages hinder the reasonableness of the spouses involved. Also in most cases of an Orange County divorce, one of the spouses is looking for divorce while the other spouse does not want it.
As previously mentioned mediation is a process that depends on the spouses for success. The willingness and reasonableness of the spouses determine the outcome of an Orange County divorce mediation process. If both of the spouses are motivated to finding a low cost, simple and fats paced solution to their issues a mediation process is likely to go one smoothly and prove a success.
Gerald A. Maggio is a trained Irvine 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.
There are a large number of people who shy away from participating in divorce mediation simply because they are concerned about their ability to negotiate for themselves in the process. This is one of the main reasons why people that have an opposing spouse who is well versed in law and confident on finances shy away from mediation.
On the other hand though, they are aware that a better outcome to their divorce is available they agree in a a divorce mediation as opposed to fighting a case in litigation. For such people the value of communication in mediation is beyond belief. Here are a few tips to help people communicate effectively in mediation.
Take the Mediator’s help
A divorce mediator in Orange County or elsewhere has an important role to play in a mediated divorce. While the decision and the discussions are done between the spouses, the role of a mediator is to channel their discussion into something constructive. If a spouse has issues with their communication abilities they have go up to the mediators and tell them their fears.
A mediator will typically tell the spouses that a mediation is not a litigation case, you don’t need to be very good a communicator, you only need to get the core of your message across to the other party. Once you do that, the decision is to be taken by the two spouses in combination and hence unless the weak communicating spouse is not happy with the solution, all they need to say is a “NO”.
Rise Above the Fear and the Worry
Going through a divorce is a stressful time nonetheless and in between such stress, one of the spouse may go overboard with his to her comments. The key for you is to not react and stand on your stance steadfast. The trick to communication is looking beyond the threats of the other spouse and looking at the fear behind their statements. Unless you are very good at communication, retorting back to such comments will lead the argument nowhere.
Get Strategic
When you are communicating you need to be strategic with your communications, looking to achieve some goals each time you speak.
- Determine ways that you can use to get your point clearly across to the other person.
- Be clear on what reaction you want out of the other person having said a certain word or a phrase.
- The key to negotiation is give and take, identify what he wants the most and exchange it for what you want the most.
- If you don’t like the offer reply back with an uncompromising No.
- If the opposing party responds with a No, give them a little time to let your offer set in and then ask them again.
Communication is an important part of Orange County divorce mediation, but the most important part is your viewpoint. As long as you are clear on that you will be able to protect your interests in mediation.
Gerald A. Maggio is a trained Irvine 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.
A divorce can be a test of emotions and depth of person. To get divorced and end one’s long standing relation can be a tough task even for the most emotionally sound spouses. The misery of going through a divorce can often be compounded by bitter feuds developing in court proceedings over it.
This is why a large number of people are turning to Orange County divorce mediation. Mediation is a different process to court led divorce and can give spouses more freedom to exercise their will. While mediation is a good option for divorcing parties, there are some factors to consider before deciding on its appropriateness for you.
To help you decide if you are tailor-made for Orange County divorce mediation or not, here is the list of a few questions that you need to ask yourself. This test can be used by either of the spouse and needs no additional members. Make sure that the answers to the question are genuine and under no stress or pressure whatsoever. If that is the case, the validity of the test might be affected.
Questions to Test Readiness for Mediation
- Are you ready to get divorced?
- Are you not willing to reconcile or talk things out once again with your fellow spouse?
- Do you oppose going to court and instead are willing to go to an Orange County mediator to sort your divorce issues out?
- Are looking to have reasonable, amicable, and courteous relations with your spouse?
- Do you think retribution, hatred, and blame games need to be ended and a fair agreement reached between the two parties?
- Are you able to trust your spouse? Will you be able to agree to their version of events (not entirely though) and their declaration of assets etc?
- Can you stand up against your spouse for you own rights and not be intimidated by them?
- Can you disagree with your spouse without having to react remorsefully in the latter half of your life?
- Do you think your spouse has the same level of respect and admiration for you like you have for them?
- Do you expect your spouse to be fair in their dealings?
- Are you sound mentally and physically?
- Are you able to communicate your needs and wants and your viewpoints clearly enough to the other party?
- Are you confident your relation did not have traces of physical abuse or violence?
- Are you confident your relation did not have traces of substance abuse or drug abuse?
- Can you trust the parenting skills of your spouse?
- Do you love your children and would like to keep them away from the infighting between their parents?
If the answers to all of the questions are a yes, you are a good candidate for Orange County divorce mediation. The last 5 questions are important, any no with regards to lack of trust, physical or drug abuse can make the mediation process a waste of time.
Gerald A. Maggio is a trained Irvine 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.
A common phrase used by couples going through a divorce is to get “justice and what they are legally entitled to.” Often times, couples, wives and husbands who have had bitterness in the ending of the marriage look at the courts as their only savior. These couples look at Orange County divorce mediation as a compromise.
What most of these couples are unable to realize is that justice in a case can only be reached through detailed examination of the facts of the case and the application of the law that applies to it. Do you think the judges in a court case have that kind of time? Here is a lowdown of the reality of the family law court system.
· Thousands Of Cases
Typically a family law judge will have hundreds or thousands of cases assigned to them. Typically per day he or she is likely to hear around 15 to 20 cases. A court morning starts at 8:30am and has a break for lunch from 12pm-at 1:30pm. Once the break is over, the court’s day ends at around 4 30pm. All this adds up to around 6 1/2 hours of court time per day, which the court’s attention having to be divided by up to 20 cases during that time.
· No Prior Homework
Some judges will not have read your case file until the day before your case starts or right in the morning of the day your case begins. Detailed reading of the case requires time with motions, exhibits and moving papers, each taking considerable time. Consider the time he or she has per case, now do you think they can be fully knowledgeable about the detailed circumstances of your situation?
· Finish It In The Set Time Or Else
Depending on your luck, you may get a full day’s hearing in front of the judge. Yet you need to make sure that your lawyer is able to close the case in the time they estimated to the court at the start of the case. If you exceed the time limit set of the case, the judge may order a mistrial or have to schedule a new court date that could delay your case for a few months.
How Divorce Mediation Compares
- You and your spouse dictate the pace of the Mediation process
- There is no limit of time you can spend in your Orange County divorce mediation. Your mediation can either be one session or multiple sessions, whatever the parties wish.
- The ample time and use of personal mediators means you are never pressed for time and the mediator makes it a duty to be well-versed in your case and know the situation in and out.
- Unlike the courts, you and your spouse are the decision authority. You can choose to end the process by agreeing on a solution between you and your spouse.
Gerald A. Maggio is a trained Irvine 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.
To most people that have not had a divorce, Orange County divorce seems like one of the hardest most complex legal cases. They believe that the California courts and the Orange County divorce mediation services are enemies of one another, with neither of them accepting the other’s jurisdiction. This however is not the case. The family courts in California have programs that are designed to allow parents to mediate their custody issues to try and solve them out of court.
This is more common in cases of child custody where both parents are in disagreement as to the child custody arrangements. The judge will look to give them a chance at an amicable decision before making up their mind and deciding the case on his/her own. The court of law in California has a few guidelines that it expects divorcing parents to follow when they are looking to get divorced.
These can be things like making sure that the mutual respect between the two spouses is maintained, the spouses listen to each other before deciding on their line of action and most importantly to put the needs of the child above those of anyone else.
In a typical Orange County divorce mediation, the mediator might interview the child, if that would help the parents make up their minds in terms of agreeing on a single parenting plan. While the child will be questioned, it is strict guideline by the court that the approach of the interview must not be one that makes the child choose sides.
While the interviews of the child may be optional, then mediator is likely to interview both parents either simultaneously or one by one in private. According to the guidelines the choice of what type of interview is to be done rests on the spouses/parents. In cases of domestic violence or for couples that have a bitter history or restraining orders, a one by one interview in private works best.
Once the interviews are over the mediator will have a clear picture of the situation, he must then facilitate and encourage the two spouses to converse and sort out their differences amicably between themselves. According to the FSC guidelines the contents of the mediation are generally confidential in Orange County unless ordered otherwise by the court.
While this mediation can be called a type of mediation, it does not enjoy the same freedom as Orange County divorce mediation that is independent of the courts.
Gerald A. Maggio is a trained Irvine 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.
Most California and Orange county divorce cases have assets at the core of the fight between the two spouses. The importance of assets to each of the spouse is paramount since the word assets is used to describe all kinds of properties, personal, commercial, and even business stakes. The reason both spouses are willing to give their all in divorce cases is because they are looking to have the largest amount of assets for themselves.
Increasingly, spouses have started to get into pre-nuptial (premarital) agreements to make sure that their assets are protected from that dreaded day in divorce court. Some spouses however cannot agree on pre-marital agreements to have their assets protected. Here is a list of a few other options that such spouses can use to make sure their assets are protected despite not getting into a pre marital agreement.
Make Sure You Keep Your Funds Separate
This step is fairly simple and will allow you to escape lots of complexities in your divorce case moving ahead. If you have separate funds that belong exclusively to you, and were in your possession before you got married, make sure you keep the money that you had prior to your marriage in an individual account. This will allow it to be easily distinguished from the joint assets.
Separate Your Separate Property
One of the most important things in the assets category tends to be property. Property is often the most valuable of all assets and therefore will be fought over with the most commitment by the spouses. The best way to make sure that you protect the property that you have had in your possession even before the marriage is to keep it separate from your joint property with your spouse. This is trickier than handling separate funds.
If you have separate property that belonged to you even before you got married, the best way to keep it away from your divorce proceedings is to manage all its expenses from money from your pre marriage wealth exclusively. Any use of mutual funds to pay off the properties recurring expenses could drag what should have been your exclusive property into your Orange County divorce proceedings.
Making A Trust To Protect Assets
One of the easiest ways you and your spouses can protect their assets is by creating a trust before marriage. A trust will mean that there is a clear determination by the spouses to keep some parts of the property separate. When a trust ownership is involved in assets cases of divorces, judges will be more willing to accept that the spouses intended to keep certain aspects of the assets separate from the division.
Gerald A. Maggio is a trained Irvine 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 decision to divorce is a life altering decision and therefore needs to be considered well in advance before you go to court. When a couple decides to get divorced, this is only the first of the many important decisions that the person would have to make in the coming time. Once you have decided to divorce, you need to think about and decide on the method of divorce.
Once you have filed for divorce, at some point, the court may schedule a trial setting conference if you are litigating your case.
A Hearing To Set The Trial Date
Trial setting conferences are one of the many important aspects in the functioning of the court that will affect your Orange County divorce case. The importance of a trial setting hearing can be seen by the fact that they are the first steps to getting a trial date allotted in your case. A trial setting conference is strictly a legal matter and more often than not only the lawyers of the spouses will attend these hearings. There are, however, some exceptions for the spouses to appear in the hearing if they want to or when they are summoned by the court to attend it.
Scenarios In The Trial Setting Hearing
Once the trial setting hearing has started in the Orange County Family Law Court, the judge will ask both the layers a question. The question from the judge would inquire as to the state of the case preparation of each party. There can be two probable scenarios in this case, both of them are outlined below.
- Both the parties reply to the Judge in affirmative and are ready for trial. In this case, the judge will most probably look to set a trial date for the trials to begin. The trial date would be set making sure of the availability of both parties and their lawyers.
- One of the parties tells the judge that they lack preparation and need more time. In this case, the judge will set a new date for the trial setting hearing in the future giving the unprepared party the time to prepare their case. Although in some cases if there has been an unnecessary delay in the case, the judge can set the trial date irrespective.
Gerald A. Maggio is a trained Irvine 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.
Think of having a divorce, and automatically there is a fear that starts to set in. The fear of failure, and the fear of the unchartered waters. One of the first questions that come to one’s mind is about their assets. These fears are legitimate, and likely to materialize into reality for people that go for divorce litigation.
Divorce through the court system is usually an emotionally-sapping experience with fights, feuds, and bitterness being the norm in such situations. This means that even if litigation doesn’t break you financially, chances are you’ll end up emotionally broke. Orange County divorce mediation, on the other hand, is a much more cost effective and predictable alternative to litigation. Divorce mediation is a process that warrants the couples to sit down and disclose their assets, debts, incomes, and other sources of expenses to their Orange County divorce mediator. Once that is done, the couple can then sit down and talk about the best solutions to the issues at hand and to make sure they are able to agree on things mutually.
When it comes to assets and the financial aspects of divorce, divorce mediation can have an important role to play. The role of the mediator will be to encourage the spouses to have a healthy discussion about the financial aspects in a relationship. The role of the mediator doesn’t end there. More often than not, mediators will also give the clients legal advice with respect to the rules that can govern assets. This choice, however, will be left to clients and not to the mediator or the judge as is the case in litigation.
Asset distribution is an extremely important aspect in mediation agreements. Divorce, as mentioned in the first paragraph, is heavily dependent on the financial well-being of a person. This is why proper asset distribution, where each party is satisfied, is extremely important. The role of mediation in asset distribution is particularly important. The primary reason for this is the flexibility that mediation affords. Then lack of set rules to decide cases and the customized solutions for each couple allows for asset separation agreements that could never be possible in a divorce litigated in court.
Gerald A. Maggio is a trained Irvine 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.
Ask anyone that has gone through an Orange County divorce and they’ll tell you how their divorce left them in a state of emotional distress. Most people tend to recover from their divorce years after they have gone through the ordeal of ending their relationships. It, however, shouldn’t have to be like that for anyone. You need not hit emotional rock bottom before you are able to recover. The key to this is letting go of the blame, the shame, and the pain that comes with a divorce.
The key to making a divorce work is in handling the emotions. If you are able to control your emotional GPS as we like to call it, you’ll be able to get through your divorce with less trauma and delay.
In this blog post, we give you five ways you can set your emotional GPS from suffering and sorrow to goodness. Much like the GPS system in your car, your emotional GPS is likely to determine the course your Orange County divorce will take. To be able to set your emotional GPS to a positive setting, you’ll need to:
· Forget the Concept of Perfection
Getting through divorce is not about being perfect. All you need to put your mind and efforts into is to try and be able to get through the process having given it your all. The process of Orange County divorce mediation will warrant you to be compromising, adapting, and understanding of your spouse and get something that both of you agree on, no need for it to be perfect.
· Stay Nice
How’d you feel if your ex started to treat you like trash? Not very good one assumes. This is exactly the case with your spouse. It is widely believed that you get respect and niceness in response. Try and be nice in your dealings and interactions with your ex spouse. Try to maintain cordial relations with the person you had hoped to spend the rest of your life with, since that allows both of you to escape the bitterness of divorce.
· Be Forgiving
Forgiveness and forgetfulness are the two single most important ways to eliminate pain from your life. During the course of an Orange County divorce mediation, there are likely to be a wide variety of issues where the spouses may disagree. Yet disagreement shouldn’t be allowed to turn into bitterness and the key to doing that is forgiving the past and moving on.
· Be Empowered
There is no one in charge of your life and your behavior except you. Feel empowered, and try to change your mood to happy. Make sure you are able to clear your mind that bygones are bygones, there is a future ahead of you, and that you should make the most of it. Ruing past decisions is likely to strip you of the impending opportunities. Keep them in mind and act like you are in charge.
Gerald A. Maggio is a trained Irvine 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.
Increasingly, the number of people going through a divorce has significantly increased. A large number of people are now turning to divorce mediation to try and bring curtains on their relationships. The sudden and meteoric rise of divorce mediation has almost made it ‘the new black’ (or the fashionable way of getting divorced). There are a variety of reasons this has happened, the leading reason being the costly nature and rigidness of litigation proceedings.
Yet, for anyone who is going through divorce for the very first time, there is very little that is known to them. Going into divorce for the very first time for couples is like trying to cross a dark tunnel. Most people who have never had to go through the ordeal of divorce tend to think there is likely to be a normal way of doing a divorce. This, however, is never the case. Each case is different to the other no matter how much the similarities in the facts may be. The emotions of the spouses and their thought processes are what distinguish each mediation from the other. Therefore, it is important to understand that while the use of the process of mediation has started to make it the normal way to get divorced, there is no set way mediation cases are carried out.
This concept of providing different solutions to different cases and dealing with each in a unique approach is known as adopting a customized approach. Divorce mediation is a process that is designed to make divorce easy for the spouses. It is in lieu of this that most of the cases are dealt with on their own merit by divorce mediators in Orange County and elsewhere. The goal of the mediators at the end of the day is to make sure that both the parties that are participating in the mediation process are able to go back with the sense of having achieved something.
The concept of divorce mediation is based around the empowerment of the spouses. This means that the power and the running of the process is in the hands of the spouses; therefore, allowing for no implementation of universal rules throughout the mediation. The timings of the mediation depend on the availability of each of the spouses and similarly the pace and style is also set according to the will of the spouses. This means that there is little normal in the process of divorce mediation. The final agreements are also unlike litigation proceedings; therefore, allowing the spouses to agree on just about anything as long as both of them have willingly agreed.
Orange County divorce mediation is popular among the masses because of its overall sense of speed, flexibility, and cost effectiveness. These factors have worked to make it the new normal way of divorce and yet warrant that the process continues to be unique for each individual.
Gerald A. Maggio is a trained Irvine 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.
A large number of couples have looked towards ending their marriage, and get a divorce to begin a new life filled with new experiences. Divorce is one of the hardest emotional experiences for a couple to go through, because it marks the end of a relation that was meant to have lasted forever. This emotional trauma of a divorce is likely to increase more if the reason for the divorce is infidelity. Infidelity is a concept that is looked down upon in most societies. It involves a spouse cheating on his/her spouse by having relations behind their back with someone else.
When a spouse finds out about such activities of the other spouse, the first thing that hits the spouse are the feelings of betrayal, hurt, devastation, and shock. In such cases, where one of the spouses has broken the trust of the other spouse to pieces, it is important that you clear the air with your spouse all the while still getting divorced from him/her.
If reconciliation is not an option for you, the best way for a spouse to end the relationship after infidelity is to participate in Orange County divorce mediation. Divorce mediation is one of the fastest-growing divorce methods. The increase in the number of people looking to solve their issues and absolve their marriage using this process is due to the cooperative and communicative approach used in this method.
It is true that having been cheated on is one of the worst feelings in the world, and the magnitude of the hurt and the anguish cannot be measured by anyone but the person that feels it. That being said, for you to be able to heal yourself of this blow, and to be able to get out of this trauma, you need to have communication with your spouse. Especially if your marriage involved kids, the level of cooperation needs to stay up at all times between you and your spouse and the best way to ensure that is by ensuring that the communication continues and your issues of hurt are resolved.
Tips To Get Over Being Cheated On
- Try and get as much rest as possible in this time, don’t try to over work yourself to run from the feeling, since it is likely to continue to stay with you for a long time.
- Make sure alcohol, etc. are avoided. You need to have as clear a mind as possible.
- Think about your feelings and write them down. Writing down your feelings will allow you to express them better to your spouse during your divorce mediation sessions.
- Take some individual time with the mediator (if your spouse is okay with that) or with an independent attorney to try and make sure you are clear on all aspects and are able to seek their advice with respect to your situation.
Gerald A. Maggio is a trained Irvine 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.
Divorce is not a decision couples take in the best of their times. Any decision of divorce involves loads of bitterness and hurt behind it. Divorce is one of the most important decisions in a person’s life and in addition to the importance of the decision, the way the couple separates is also an important consideration. Contrary to popular belief, the decision to separate leaves the couples with a host of options to choose their mode of a divorce other than simply retaining attorneys and fighting it out in court. The parties can seek private divorce mediation, but the California family courts mandate child custody mediation prior to most custody court proceedings.
Mandated Child Custody Mediation
It is often misunderstood that when couples go through the family law courts, there is little or no chance of mediation. This, however, is far from the truth. In reality, when couples start to go through child custody court proceedings, irrespective of their legal positions, the first thing that courts require them to do is go through mandated custody mediation.
In mandated mediation, the couples are presented in front of a court assigned mediator who reviews the custody case, its facts, and questions the couple on their positions. The job of this mandated mediator is to allow the couples a chance to sort their custody issues.
Private Divorce Mediation
This form of mediation is the most-commonly used mediation. The key to this type of mediation is that it is flexible in terms of time, place, and the format of mediation. The lack of time bar on this type of mediation allows the couple to have a greater amount of time to effectively discuss their issues in depth and in detail to allow the issues to be ironed out.
The key to Orange County divorce mediation is the role of the mediator in this type of mediation. Unlike the role of the mediator in mandated mediation, an Orange County divorce mediator only facilitates the couples to try and sort their issues out and doesn’t really take part in questions and answers with the clients. One of the most important things that make this type of mediation more potent than mandated mediation is the legally binding authority it has. Divorce mediation agreements can be enforced through the use of courts.
Gerald A. Maggio is a trained Irvine 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.
When marriages start to turn sour with a lack of love and trust, people start to feel trapped and suffocated. In such cases, people yearn to be free – free from the stress, the constant fighting, and the endless arguments. They want a better, more peaceful future for themselves without their spouses. This future is only available to them in the form of a divorce. Yet, more often than not, couples sweat over making their divorce decision because it is indeed one of the hardest decisions one has had to take in their lives.
While the importance of making the divorce decision correctly is undeniable, the heartbreak and the toll that it brings is certainly one of the hardest to deal with. Most spouses are left reeling by the prospect of breaking their wedding vows and failing the relation that they had pledged to have throughout their lives. The toll of a divorce can be an immense one and in order to deal with it, there are several tools that need to be used. Here is a list of people that you need around you to make sure you don’t let your divorce take a toll on you.
Your Family
There is a reason that families are the building blocks of society. Your family members are closest to you, because they hold the bond of blood and flesh with you that others don’t. Your family understands you the best and knows the likes and dislikes of the person. Divorce can be one of the hardest times for the person because of emotional and financial strains. Your family is the best suited to help you out in such testing times with emotional backing and even financial support. Your family loves you and they will make sure they do things even if they have to go out of their way to cheer you up and in testing times these people can prove to be your rock.
Your Friends
Who knows your deepest and darkest desires? Who helps you in your most testing times when you can’t approach your family? The answer is your friends. Divorce is one of the hardest times for you with lots going on in your mind and very little people around that you can confide in. Your friends are your pillar of support that you are going to need throughout the distress and depression of leaving a relationship you valued. California divorce opted through Orange County divorce mediation is likely to have a few financial squabbles and your friends can help you get through the drama and the emotional trauma.
Gerald A. Maggio is a trained Irvine 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.
Going through a divorce can take a toll on your health and your mood. You don’t feel as energetic and full of life as you used to. Most of the time, you probably sulk around the house or apartment that you’re now living in wondering why this happened to you.
Now, you’ll have to drag yourself to court each day to look him or her in the eye, something that you wish you didn’t have to. The end of the marriage will not be as amicable as the beginning was, and the burden of knowing that may be slowly eating you up inside. The moment that you may dread the most is having your failed marriage on display for others to see and talk about how you failed to work out the differences.
You fear that they will deem you responsible or side with your partner without knowing the whole truth. That’s when you wish to hide in your room and never come out. Do you know what we think about your self-defeating thoughts? We want you to stop telling yourself that it was your fault or that you didn’t try hard enough.
Instead, tell yourself that you gave it your all, but this was how it was meant to be. However, it’s easier said than done, as going to court and seeing him blame you or go after your kids, if you have any, may devastate and break you. In order to stay strong and rise above the self-defeating thoughts, try to convince your partner to try divorce mediation.
How Will Divorce Mediation Help You Squash Your Negative Thoughts?
Divorce mediation will provide you with a peace of mind. How? Unlike in litigation proceedings where it’s a do or die situation, in divorce mediation, both parties are putting their differences behind them and moving forward with the divorce in a mature manner. All the petty and major issues are addressed with their solutions drawn up. Each party gets to tell their side of the story, why they need this, and whether something can be exchanged.
In doing so, it creates a better understanding between the two parties, helping them come up with a solution to a problem that will benefit both of them. Moreover, it gives you the opportunity to depart on good terms so if you see your ex later on in life, neither of you will feel furious or cheated by each other.
If you have children, divorce mediation should be at top of your list anyways. No parent would like to put his or her children through the turmoil of seeing two angry parents. Through divorce mediation, you will be able to drop your child off to your ex’s house without any hesitation and resentment.
Gerald A. Maggio is a trained Irvine 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.
When it comes to kids, almost all parents are protective and want to ensure that their kids are left without the greatest worries in the world. Taking that into perspective, when parents decide to go through a divorce, parents want their children to stay immune from the effects of the divorce. This is vital, because one of the parties that is heavily affected by divorce proceedings are the children. It is not uncommon for children of broken marriages to end up with several emotional and psychological issues and so it is vital that parents try and work to keep their children away from their divorce.
Here are 10 tips to make sure your kids are kept away from the effects of your Orange County divorce proceedings:
- It is important that whenever you talk to your children, there is no mention of your former spouse in the negative sense. Irrespective of your feelings towards your spouse, the kids will still regard them as part of their family and such comments are likely to affect them mentally.
- It is best for you to avoid any kind of arguments with your divorced spouse. Arguments are never perceived healthily by children, and for them to see their two favorite companions in life fight it out will be mental torture.
- Don’t talk about legal or financial issues in front of your child.
- One of the worst things you can do is use your child as a means to communicate with your ex spouse. To make sure your child is kept away from the toxic effects of your divorce case, it is important that normal communication continues between you and your spouse.
- Don’t ask your child questions about your spouse. Kids are suspicious and the wee bit of over indulgence that you show will alert them that you are using them as a spy on their other parent.
- Make sure your child meets the other spouse whenever they want. Using child visitation and custody as a weapon leaves your child vulnerable to the toxic effects of divorce.
- Don’t tell your child they have to decide who to live with when their parents get divorced. Such a statement is likely to be interpreted by the child as their time of choosing between both parents and that will never go down well with them.
- Make it your Job to categorically tell your children that the separation is by no means their fault.
- Take your visitations seriously and arrive on time always. After divorce, you should make your child an even greater priority. Not showing up on visitations leaves the children devastated.
- Take interest in the activities, working, and conversations of your child during your custodial time. It is integral for you to show your child affection and try to make up for the torment of divorce.
Gerald A. Maggio is a trained Irvine 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.
Couples who have decided to formally separate but who are still unsure that they want to divorce can benefit greatly from mediation.
It is important to note that mediation is different from therapy – a divorce mediator will not help the couple sort through emotional issues for the purpose of deciding whether a divorce is the right choice.
But one thing a divorce mediator can do is create practical agreements for a separation. These can include financial agreements and child custody agreements. If the couple chooses later to divorce, the agreements created in mediation can help guide the divorce agreement, reducing the cost and length of the divorce process.
For many separating couples, dealing with all of these issues can be stressful. Without a written agreement, a separation can be filled with ongoing arguments about financial and logistical issues. Bringing in a mediator who can provide professional guidance and support can make the process less stressful, lower in conflict, and healthier for everyone.
Gerald A. Maggio is a trained Irvine 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.
Divorce mediation is regarded as the more civil and peaceful way for couples to get themselves divorced. Divorce as a process can leave a sense of bitterness in the couples – divorce mediation on the other hand rectifies this problem by encouraging the couples to solve their issues themselves through dialogue. This means that a sense of cooperation and consultation is likely to begin between the spouses which might not mend their fences altogether but it will stop them from deteriorating further.
Why It Should Work For You?
Mediation is a process that involves no judge – only an Orange County divorce mediator. And the mediator doesn’t decide the case, rather facilitates and encourages the couples to talk their differences out and agree a solution among them. This means the result of divorce mediation depends on each of the spouse. For a mediation to be successful, the mindset of the spouses going into the process matters more than any other thing.
If the spouses go into the process wanting to win, then divorce mediation is unlikely to garner positive results because there will be no sense of cooperation, the spouses will only want to maneuver each other to get the greatest monetary advantage. Yet if the spouses use the same process and go with the mentality of ending their marriage and solving the pending issues amicably, the results are likely to be very different. In such a case, each spouse will be willing to make concessions and accept the rights of the other parties, which will allow the couples to maximize the gains of the divorce mediation process.
What You Need For Orange County Divorce Mediation
Mediation processes are dependent on the discussion and agreement of a solution between the two spouses. This means that if the other party doesn’t agree to the proposed solution, there might have to be a new solution proposed that’s acceptable to that particular party. The most important thing in such a situation for you is to know what your demands are and you should come into the mediation process prepared. If after several attempts a solution isn’t reached, you’ll need the law on your side to make sure you don’t get the rough side of the bargain.
Researching beforehand is another way to achieve it. You should back your point and demand with legal arguments that should be compelling to the other spouse. Another important aspect is being aware of the financial position. Finances take up most of the time in any kind of divorce mediation and you’ll be able to garner the best results of your mediation process if you knew the financial position and thus could easily protect your rights and rightful assets.
Gerald A. Maggio is a trained Irvine 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 process of divorce can be bitter more often than not. When the time comes for couples to end a relationship that they had willingly wanted to pursue, emotions can sometimes get the best out of them and lead to a hateful attitude between the spouses. For example, when a couple that has been married for a very long while finally separates, there is likely to be a strong sense of betrayal and disloyalty between them.
It is important for couples who are going through an Orange County divorce, or want to go through with it, to know that divorce isn’t only just between the two spouses. It has a far greater affect on a large number of people from both the families. Your divorce will determine the reactions of your family and friends. A bitter divorce that is full of mudslinging, accusations, and resentment will mean that the separation of the two families will become as bitter as the divorce itself.
There are two ways for a couple to end their marriage and seek divorce. One is through the litigation process in courts and the other through California divorce mediation. In litigation there is always the sense of competitiveness and rivalry which, when coupled with the tensions in the divorce, can become an almost unbearable volcano of emotions. Divorce mediation, on the other hand, is considerably different. Orange County mediation is built on the principle of cooperation and peace among the spouses. California divorce mediators are trained to facilitate and promote harmony among the spouses and encourage them to settle their differences through discussions.
Love is an important part of one’s life. According to most poets and intellectuals, it is an expression of the human side of a person. As such, love is an important component in any couple’s life. Yet classifying love to only exist between the two spouses is unfair. Love is a feeling of admiration which during a marriage is bound to exist between the couple and their families. The sense of togetherness and oneness are all signs of mutual admiration between the couple that shows that love exists.
After divorce though, for most couples their bitter end means that the feeling of mutual admiration and love almost seems to evaporate. How can this fate be avoided? Choosing Orange County divorce mediation will help you facilitate and experience an end to a relation that is amicable and not bitter. If the end of relationship is amicable, the mutual admiration between the spouses will continue.
Gerald A. Maggio is a trained Irvine 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.
Welcome to California Divorce Mediator’s PODCAST offering an introduction of how divorce mediation works.
Gerald A. Maggio is a trained Irvine 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.
Feelings of guilt, shame, disappointment, and fear of the unknown are common in people who are going through or have gone through a divorce. When a relationship starts to fall apart, the dreams of the couples are shattered causing most couples to feel like a failure while others may make themselves immune of whatever is happening around them by acting as uninformed. While such feelings are bound to exist, and are normal to experience, the news of your Orange County divorce needs to be told to a few people. Here are a few of the people who you should tell about your divorce.
Family
When we say family, we mean your immediate family. These consist of your children, your parents, and you siblings. The most important part is telling your children because this decision will have an ever lasting impact on their lives. Making sure you tell them in a way that they understand is vital. While they are being told about this decision, there has to reiterations to them about your love and care for them. Your parents and siblings will act as your buffer. They are likely to help you get through this difficult period and assure you of their acceptance of you and your decision.
Friends
Your friends mean your closest friends. These people have been closest to you for a number of years and just like all the other secrets you can share with them, they need to know about your divorce. Your friends are your main support group. They will help you avoid that feeling of being alone and hounded.
Financial Advisor
Your financial advisor should know that you are going through a divorce irrespective if it’s a divorce mediation or litigation. These are the people who’ll help draw up your financial list and tell you what you’ll need in terms of finances in the post divorce time. It is important that you and your financial advisor are honest about your assets because hiding assets and lying about them will only draw the divorce longer.
Business Partner
If you own any kind of a business in partnership, you need to inform your business partner(s) regarding your divorce. This is important because your divorce can have an impact on the division of shares and profits and other financial matters, and the other stakeholders in the business should know about it.
Estate Planning Attorney
Your estate and property are all part of your list of assets, and during a divorce these are likely to have an impact. Telling this to your estate planner is vital because they’ll help you in the planning for the future and figuring out the best picks in your divorce mediation agreement.
Irrespective of the method of divorce you choose, the myth that divorce should be secretive and kept between the lawyers and the concerned parties only isn’t true. To help you through a divorce both emotionally and financially, you need people and they need to be informed about your decision. While the method does not matter in terms of informing others, it matters if you want a smooth divorce.
Gerald A. Maggio is a trained Irvine 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 success of your divorce mediation depends on many factors such as the couple’s cooperation, willingness to settle their dispute amicably, and the complexity of their case. Orange County divorce mediators are tasked to keep the couples on track in their divorce mediation. Negotiating and coming to an agreement is the task of the couples but it’s easier said than done. For most couples this is a hard task and here we provide you a list of the top issues you should talk about in your divorce mediation.
Minor Children
Parenting in a marriage and parenting post-marriage are two very different things. During the marriage, you and your couple are likely to have a specific way of co-parenting but after divorce, all that is going to change drastically. Therefore, it is advised that you talk to your spouse about it. In such a discussion, talk about work schedules, the child’s activity times, and then segregate duties of the child to each other in a way that’s convenient to both of you.
Property
A large number of couples have only their real estate as an asset in their divorce. When couples buy a home, they have to share the mortgage using their income and the subsequent expenses that are incurred on the house. When you decide to get separated, the future of your house should come under discussion. Both the spouses should decide whether they wish to rent the property out or have one of them live in it and who and how will the mortgage payments be made in the future.
Furniture
When couples undergo divorce, they separate their households. In such a case, it’s important that you discuss the classification of furniture in your divorce mediation, because these are inventories that might lead to disagreements in the future.
Businesses
If you and your spouse own a business, that is one subject that should come under discussion in your mediation. The business is likely to be the source of a financial income to both of you and it is important that you have a detailed discussion regarding it. The discussion could include who would make the decision in the business, whether to keep the business or sell it off, and how will the profits be divided.
Debts
This is definitely a topic most couples shy away from but that’s not a wise thing to do. Debt discussions are never bound to be fun, but they are important and have to be had. These discussions will let you discuss with your spouse the amount of debt you have, whether it was taken before or during marriage, and how will the payments of the debts be divided. This is important if you want to avoid being surprised by a large credit card bill.
Gerald A. Maggio is a trained Irvine 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.
Qualified divorce mediators are trained to be neutral, but anyone concerned about this issue should interview the mediator before beginning the process.
There are two main neutrality concerns that can be explored.
The first concern is that a mediator will be biased toward a particular party, perhaps because of his or her own past experience. This may be of particular concern if one party feels that he or she will be presented as the villain.
The second is that a mediator will push a particular type of parenting plan or a particular arrangement for spousal support. Some people may be concerned that a mediator may have a preconceived idea of the way things should be handled.
Prospective clients can address these concerns in a phone or in-person interview with the mediator. Good questions to ask might be, “What kind of parenting plan do you favor?” or “How do you handle it when one party is in the wrong?” A truly neutral mediator will explain that he or she does not favor any one kind of plan over another, and in mediation, neither party is right or wrong*, and both perspectives are equally valued.
*This has exceptions – for example, domestic violence, or other illegal activity.
Gerald A. Maggio is a trained Irvine 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 holiday season is almost here. And for parents who are divorcing or who are newly divorced, the prospect can be terrifying.
Many parents in this position wonder how they can possibly spend part of all of a holiday away from their children. For most, it is a painful idea.
But for the kids, the holidays don’t have to be painful and sad. With some planning and some dedication on the parts of both parents, the holidays can still be an opportunity for kids to create happy and fun memories while surrounded by family and love.
Use a mediator to collaborate on a child-focused holiday plan
Whether you are just beginning the divorce process, or have been divorced for many years, it is never too late to work with a mediator on a better holiday plan.
A child-focused holiday plan maximizes the child’s meaningful time with family and sets the stage for new traditions. In addition, child-focused holiday planning puts special focus on creating calm and healthy transitions.
Get ready to provide a positive outlook
Your children may be especially anxious about the first holiday after the divorce, and they will take their emotional cues from you. Listen with empathy, let them know that their feelings are valid, and reassure them that the holidays will still be special.
Involving children with planning new traditions or activities may help them regain a sense of control and excitement about the holidays.
Make a plan for yourself
Make a plan for the transitions and time away from your children. You may want to ask a friend or family member for help. Individual moments can be easier or harder than you expect – the best policy is to be prepared. Planning in advance will help ease your anxiety and day-of emotions, creating a better experience for your kids.
Once the holidays are over, consider communicating with your co-parent about how it went. If both of you are united in the goal to create a happy holiday for your child, then you may be able to email or talk about how the holiday went for your child and what can be done next time to make it better.
Gerald A. Maggio is a trained Irvine 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.
Think about your children when you are in the midst of divorce proceedings. If you have children, they should be your primary concern. They are young and impressionable and may not handle divorce well. You don’t want to see them in tears, hurt, or act out in school or at home. If you both continue to argue in front of them, children are more likely to lash out at you, their siblings, teachers, or friends. When it comes to taking custody of the kids, their behavior may get worse. What can you do ease the situation? You can choose divorce mediation to settle your differences like mature adults, if not for you, then for the sake of your kids. Here is how choosing divorce mediation will help:
1. Divorce Mediation is best for Your Kids
Divorce mediation lets you and your partner focus on the well-being of the kids rather than deciding who the better parent is. Fighting over your children in court or when around them is not going to help them. Day to day, your kids are going to be affected by the on-going situation developing between you and your partner. Divorce mediation will help bring closure to your children, as it will help develop a parenting plan that you both decided together during your sessions.
2. Divorce Mediation is a Neutral Process
The mediator doesn’t pick sides when deciding on custody. The mediator is there just to listen and assist the parties in coming to agreement. After hearing both of your arguments and solutions, the mediator along with you and your spouse will assist you and work out a solution.
3. No One is Blamed
Divorce mediation doesn’t put the blame on one party, as in order for mediation to even work, both partners have to work with each other. Instead of assigning blame, you both will be saying what you both think is the right choice for your kids.
4. Divorce Mediation Focuses on Your Children’s Future
As parents, you both deeply care for your children and wouldn’t want anything to harm them. The only way you would do that would be to create a friendly relationship with each other. Only then are you able to create a stable and loving environment for your children to grow up in.
5. Divorce Mediation Decreases Stress
Divorce for both spouses and a child is a stressful time. Divorce mediation works to reduce that stress by providing you with the proper tools to come to a resolution. Your children will be happy to see their parents going about the divorce with a clear head and less stress.
Gerald A. Maggio is a trained Irvine 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 your marriage is in trouble and you are thinking of separating permanently from each other, are you thinking of choosing litigation or divorce mediation? If your answer is litigation, after reading this article, you may change your mind. Read over the six reasons why divorce mediation reigns supreme over litigation:
1. Why Divorce Mediation is the Right Option
Even though you are not on speaking terms, you both want something out of this divorce. Litigation will not do that for you. Litigation picks sides with lawyers warring with each other to provide what is best for their client. Fair enough, if you are ready to come out as a loser, one party may leave the courthouse distressed, in tears, or anger. So, what will satisfy you both? Divorce mediation. Through divorce mediation, couples can come up with their own terms and conditions regarding all the vital issues regarding the dissolution of their marriage.
2. The Ball is in Your Court
You with your partners will sit down with the mediator to talk about the best ways to tackle issues plaguing your marriage. Everything from finances to the custody of kids (if you have any) is going to be discussed. Unlike in litigation where the lawyer is influencing your decision, the mediator will sit there to listen to both of your arguments, and then reach an agreement. You will have a say in the proceedings and what the mediator needs to omit.
3. Your Bank Account is Going to be Preserved
Are you ready to put all your savings on the line? You probably are not, but if you choose litigation, expect to shell out a lot of money. On the other hand, there is divorce mediation, a simpler and less costly method to call a marriage off.
4. The Length of the Sessions Are Flexible Based on Needs
With divorce mediation, the parties have flexibility with the mediation sessions. If progress is being made in a particular session, then there is flexibility to keep the session going. If the parties are emotional or the issues in a particular session are tough on the parties, then that session can be ended, to come back another day.
5. The Divorce Process is Shorter
With litigation, you can expect the divorce proceedings to be lengthier. You want to move on with your new life as soon as possible, but that can be difficult if coming to an agreement or a litigated resolution takes months or years. In mediation, the parties ultimately have the power to reach a resolution more quickly than a litigated divorce.
6. Divorce Mediation Yields Good Results
Most importantly, each session will provide you with some closure with issues looming on your mind. Your partner and you will be able to come to an amicable agreement and will likely still be able to remain friendly and have some respect for the other.
Gerald A. Maggio is a trained Irvine 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.
Under current Federal tax law, if you have lived in the same house for two of the last 5 years as your principal residence, individuals are exempt from capital gains taxes of up to $250,000 in taxable profits on the sale of your house, and $500,000 in taxable profits for married couples.
For any profits above these amounts, capital gains taxes are assessed of 20% would be assessed, which married couples would be equally liable for.
There are occasions where one of the spouses involved in a divorce wishes to “bifurcate marital status” while their divorce is pending, meaning that the Court can restore the parties to single persons while the rest of the dissolution case is still pending. For example, one of the spouses may wish to remarry, and they cannot legally do so without first terminating their marital status.
However, the parties must first determine the approximate amount that their residence has appreciated in value since they bought it, because if one spouse decides to keep the marital residence and marital status has previously been determined, that spouse would be considered a single person for purposes of state and Federal tax laws and thereby only be entitled to the $250,000 tax exemption instead of the $500,000 tax exemption. The tax implications are be substantial and should be considered in any settlement negotiations.
You should always consult with your tax professional before making any decisions in your divorce case.
Gerald A. Maggio is a trained Irvine 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.
For many families, a divorce settlement is not only the end of one story, but also the beginning of several new ones. Children will get older, lives will change, and new circumstances and opportunities will arise.
With those changes, practical and legal issues will arise. What if a parent wants to move away while the children are still young? What if one of the parties’ financial situation changes substantially?
Change and conflict do not have to create family turmoil and stress. Divorced spouses can plan to collaboratively handle and resolve conflict. Returning to mediation can be a powerful tool in the process of keeping post-divorce life moving forward.
If one or both parents wishes to modify the custody agreement, the return to mediation should be automatic. If they arrive in court without a complete agreement about every aspect of the new arrangement, the court will mandate the parents to see a court-appointed mediator.
Mediation can protect children from emotional damage by providing a collaborative, rather than combative, context for working through disagreement and creating an acceptable arrangement.
Changes in support can also lead a family back to mediation. When employment or financial circumstances change, support issues can arise. Disagreements over money are unpleasant, but spending a lot more money in court fighting over money is worse for everyone — and often needless.
Private divorce mediators are trained to help divorced spouses work through financial arrangements productively. Post-divorce support mediation avoids the long court process and puts the spouses in control of the outcome.
For further information or to schedule a consultation with California Divorce Mediators, please call (949) 553-0911 or visit www.cadivorcemediators.com. California Divorce Mediators is an experienced Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.
Gerald A. Maggio is a trained Irvine 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 have kids and are currently on the path to divorce, you want to make it as amicable as possible. Parents who have already gone through a divorce understand the impact it has on kids. The burden children take with them when parents can’t stop fighting sometimes becomes too much to handle.
No matter how hard parents try to show that they care for each other, the hurt feelings that has accumulated over the years can become too much to keep inside. Not every divorce is ugly though.
Even if parents are putting up a calm demeanor in front of their kids, the kids will still be caught in the middle of the divorce when it comes time to decide on who gets custody. If you are thinking of parting ways and you have kids, you may want to try child custody mediation for the following reasons:
1. Custody Mediation is Easier on Kids
Going into court, fighting for assets, and, most importantly, the custody of kids can take a toll on your little ones. Why put them through this torture in the first place? Why not choose divorce mediation over litigation. During divorce mediation, both parents are encouraged to put their anger and interests aside and think what is best for the kids in this situation.
2. The Custody Mediator Doesn’t Take Sides
If you live in California for instance, you may want to hire an Orange County divorce mediator and custody mediation firm to provide you with a professional and reliable divorce mediator to help both of you decide on how to deal with the situation successfully.
The mediator will come up with a plan during the meeting to let you two see the best way to navigate through your divorce, especially child custody issues. Instead of focusing on issues of why you two decided to divorce, the mediator will work towards coming up with a solution to benefit you and your kids.
3. Child Custody Mediation Creates a Parenting Plan
Apart from coming up with a resolution, the custody mediator will also develop a parenting plan that will take into account the parents’ concerns about the well-being of their kids. Therefore, instead of seeking full custody of your kids, try to come to an agreement to seek joint custody. Of course, this is assuming your spouse is fit to take care of the children. If there is any doubt as to that, then perhaps mediation is not appropriate and going to court to seek sole custody might be advisable.
4. Custody Mediation Reduces Conflict and Stress
The custody mediator will help the divorcing partners establish skills to communicate effectively with each other. This in return will help reduce the stress on the children. Moreover, you will benefit from it as well, as the constant bickering does nothing, but puts more stress on you. Through this process, you both may be able to tolerate each other more for the sake of the kids.
Gerald A. Maggio is a trained Irvine 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 first thing that comes to mind is how the kids are going to handle the news that their parents have decided to go their separate ways. Divorcing couples with kids may find it difficult to break the news to them. Once they do, deciding on a parenting plan can become a difficult decision. Both parents may even file for sole custody to spite one and other. In doing so, they are only harming their children.
Children don’t want to see their parents constantly trying to put down each other. Although parents may take caution when they speak, in the heat of the moment, wrong things may come out. To help ease the tense situation that may have developed in your household due to your announcement, you may want to acquire the services of a divorce mediator to assist you develop a parenting plan that you both can agree on:
1. Develop a Plan to Suit a Child’s Needs
The children may be under a lot of stress upon hearing such sudden news even if they had predicted that this would be the outcome. Due to the constant argument, and then the divorce announcement, they may be filled with a variety of emotions. The parenting plan is developed keeping your child current developmental, temperamental, and emotional needs in mind.
2. Address Looming Problems Prior to Going to Court
You may have sought child custody divorce mediation because you wanted to lessen the pain your children felt. If some problems regarding the child’s upbringing and the issue on who will get the child on what days, can be addressed during divorce mediation. It will save you both the trouble to decide this beforehand with a mediator, as this issue can take on a heated nature in the courtroom.
3. Divorce Mediation Helps Parents See Straight
When couples dislike each other, their judgment on certain issues can become clouded. A divorce mediator helps you see straight. They help you come to a mutual understanding of the underlying issue at hand. By presenting you with good conflict resolution skills, your children will learn to adopt them as well.
4. Parenting Plan Conveys a Positive Message
When two parents are at odds with each other, everyone expects to see a fight. To avoid being the town gossip, set an example for the school, other parents, and most importantly for your kids. Come up with a detailed parenting plan that addresses both the partners concerns about their kids. The children will definitely see the upside of this for their parents are finally collaborating on something, which concerns them.
5. Divorce Mediation Exposes Parents to Co-Parenting Issues
With a third person present in the room, it will help parents see more clearly. The trained mediator will present them issues that can become a hurdle for them in the future if not dealt with them earlier. The plan, when drawn up, will address all of those issues.
Gerald A. Maggio is a trained Irvine 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 “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/.
The post How to Dissolve a Domestic Partnership in California first appeared on SEONewsWire.net.]]>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.
The post Lay Off Social Media During a Divorce first appeared on SEONewsWire.net.]]>“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.
The post Proposed Legislation Would Eliminate Spousal Support for Convicted Sexual Felony Spouses first appeared on SEONewsWire.net.]]>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.
The post Custodial Parents Need to Take Quick Action on Overdue California Child Support first appeared on SEONewsWire.net.]]>vow to focus on the kids and living a healthy lifestyle rather than hating the other co-parent.
The fact stands that your ex does not live up to your expectations, and probably never will, or your marriage would have lasted.
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.
The post Co-parenting Dynamics Should Be Reviewed to Ensure Kids Are at the Forefront first appeared on SEONewsWire.net.]]>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.
The post Unhappy Spouses Need to be Aware of Apps and Social Media Use as a Marriage Unravels first appeared on SEONewsWire.net.]]>“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.
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
The post Divorcees Should Focus on the Kids and Not on Their Hatred to Each Other first appeared on SEONewsWire.net.]]>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.
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
The post Tackle Financial Concerns with the Counsel of a Divorce Lawyer first appeared on SEONewsWire.net.]]>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/.
The post Hiring the right divorce lawyer first appeared on SEONewsWire.net.]]>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/.
The post Disposal of Assets Question first appeared on SEONewsWire.net.]]>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/.
The post The Maggio Law Firm Offers Advice on Preparing for a Deposition in a California Divorce first appeared on SEONewsWire.net.]]>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/.
The post The Maggio Law Firm Explains the Process of Collaborative Divorce first appeared on SEONewsWire.net.]]>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/.
The post The Maggio Law Firm Explains the Benefits of Choosing Mediation first appeared on SEONewsWire.net.]]>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/
The post Prenuptial Agreements Allow for Division of Future Earnings first appeared on SEONewsWire.net.]]>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/.
The post The Maggio Law Firm Encourages Unmarried Mothers to Consult a Family Law Attorney first appeared on SEONewsWire.net.]]>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” .
The post Who Foots the Bill in a California Divorce? first appeared on SEONewsWire.net.]]>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 post The Place of Children in Divorce Mediation first appeared on SEONewsWire.net.]]>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.
The post What to Know About Step-Parent Adoptions first appeared on SEONewsWire.net.]]>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.
The post To Prenup or Not to Prenup – That Is the Question first appeared on SEONewsWire.net.]]>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.
The post Mediation Mandatory in Child Custody Disputes in California first appeared on SEONewsWire.net.]]>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.
The post Understanding California Community Property Law first appeared on SEONewsWire.net.]]>