Grandparent rights are not to intrude on the parents rights, as they still have authority over their kids’ lives. If a spouse is trying to prevent or ignores a request for grandparent to be involved, grandparents should seek legal counsel to understand and fight for their options. Oftentimes, a child custody attorney can push to include grandparent visitation rights in the overall child custody agreement.

Unfortunately, in some circumstances the birth parents are unfit to take care of their children, thus leaving grandparents to raise the kids. Parents who are incarcerated, have mental health problems, abuse drugs or alcohol, deceased, or have abused, neglected or abandoned a child will not be given the right to take care of their child. Throughout California, close to seven percent of all children are living with their grandparents.

Grandparents as caregivers are divided into two categories. Custodial grandparents have legal custody and provide daily care, security, and decision making for the kids. Usually the child’s birth parents are so unfit to take care of the children that this is the best way for the child to succeed. A court must grant guardianship to the grandparent.

This process starts with a petition the grandparent will file in court for Guardian Ad Litem. All individuals must receive notice of this petition, so that if one parent is willing to renew their care for the child, they have the opportunity to do so. The only way to go around this is if the guardian can prove that the parent is unfit and contests the guardianship. Grandparent guardianship can be terminated when a parent shows the court they are ready, willing and able to care for the child again and files appropriate motions to do so.

The second category of grandparents, known more as caregivers, helps with daily care but does not have legal custody of the grandkids even though they are living with them. The kid’s parent can live in the home, but the grandparent is in charge of giving an emotionally and financially stable home environment. These types of grandparents assist kids when the parents are out of town, deployed with the military, or absent for longer periods of time. Power of Attorney documents should be drafted and notarized so that the grandparent will be allowed to get the child medical care, make certain education and school decisions, and apply for California assistance programs.

In Orange County, Irvine child custody attorney Gerald Maggio has helped uphold the best interests of children and the rights of grandparents for visitation and guardianship. The Maggio Law Firm is experienced in all child custody matters and will strive to achieve fast and fair results through understanding, tenacity, and professionalism.

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Many psychologists are attributing divorces after long-term marriages to the kids leaving home for college or life on their own, and a spouse who has felt trapped or unhappy finally has the drive to begin a new life. The ease and perception of divorce is also far better for couples now than it was decades ago.

With collaborative divorces, mediation and experienced divorce attorneys more accessible to couples, divorce doesn’t have such a bad stigma or price tag anymore. There are many asset and financial matters that need to be addressed in divorces after a long-term marriage, so this is where a results-oriented divorce lawyer is critical and can go over every facet that must be divided.

Gray divorces usually involve lots of marital property and assets, including real estate, vacation properties, bank accounts, retirement plans, pensions, and other assets. Without legal counsel, the divorce can be a messy, financial nightmare. A huge factor is that one spouse usually has a short period of time to make up for any difference in the division of assets before retirement.

As people in California and the U.S. lead longer and more active lives, U.S. Census statistics are showing older, married couples have only a 54 percent chance of reaching a 30th wedding anniversary. Couples married before 1965 fared better, but every marriage year after that shows lesser chances of staying married. Spouses tend to have raised children and kept their finances in order, but the marital relationship took a backseat.

With gray divorce, couples are finding that they stand to be happier pursuing different goals and starting new relationships. Women are far less dependent on their spouses for income and can afford to start a new chapter on their own. “Each person has to decide whether they can deal with the flawed, not just sparkly parts of their spouse,” says Christine Carter, doctor, author of Raising Happiness and columnist at the Huffington Post. If the flaws are a deal breaker and obstacle, divorce might be the only route to resolution.

Every divorce has its unique challenges and financial considerations, so no matter the years of marriage, expert legal counsel will ensure each spouse has peace of mind for the future. In California, Orange County divorce attorney Gerald Maggio is known for helping clients go through their options, protect their interests, and seek the most favorable divorce outcome. The Maggio Law Firm combines years of legal expertise in divorce law with compassionate guidance.

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Unlike normal adoption, stepparent adoption is for individuals who want to solidify their commitment as a stepfather or stepmother and adopt their stepchild. An experienced stepparent adoption attorney is critical to draft legal documents, review them, and counsel on a stepparent’s rights as well as legalities of which the biological parent must be aware. Expert legal counsel will ensure that a stepparent adoption will not have a chance to be reversed.

A stepparent adoption does end the absent biological parent’s legal ties to the child, including custodial and visitation rights and financial support. There are four main ways to do a stepparent adoption with an accomplished California family law attorney.

The non-primary biological parent can sign a state authorized form consenting to the adoption by the stepparent. The Department of Social Services will investigate to determine if it is in the child’s best interests and create a report with their findings. Children should be informed that the stepparent wants to adopt them as the social service investigator will interview the child about what he or she wants and what they understand about the adoption. Also, children older than 12 years must give written consent of the adoption. An adoption hearing will then be held and if everything is successful, the stepparent will have the adoption certificate.

In contrast, if the biological parent has not spoken or financially provided for the child in more than a year, then the custodial parent will have full custody of the child. The stepparent must prove these facts and give testimony, but no investigation is mandated. Only if the absent parent can give a sufficient reason for not communicating or supporting the child will the court not give its consent. Otherwise, it takes only one court hearing to get the certificate.

Yet in some cases the absent parent has only failed to communicate or give financial support, but not both shortcomings. This makes the stepparent adoption process a bit more complex, and the Probation Department will have to research and report if abandonment has occurred. California courts will hear the testimony of the party who wants to adopt and incorporate the probation report. One legal petition is required to terminate the absent parent’s rights and a second petition completed to adopt the child. Two separate court orders must be done and the absent parent’s relatives must be notified of the proceedings. If the child has been deemed abandoned, the court will then allow the adoption decree.

The last way to get a stepparent adoption is if the parents of the child were never married, and thus there is no natural father. A court order to terminate the alleged natural father’s rights is far easier than the aforementioned routes. The couple can then go about the stepparent adoption in the normal way.

After an adoption, the child is then eligible for Social Security and life insurance benefits should either of their parents pass away. Some couples get legal assistance to change the child’s last name and modify the birth certificate, too.

The Maggio Law Firm has guided many stepparents and the couples in solidifying their bond with the children. As an experienced Orange County stepparent adoption attorney, Gerald Maggio is well versed in all the steps of the stepparent adoption process.

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

The recession has caused financial and marriage stressors to increase, and victims sometimes feel they have no escape route to improve their life. A recent Orange County domestic violence case emphasizes the need for legal counsel when dealing with divorce, child custody and restraining order concerns. Travis C. Unholz, an Orange County sheriff’s deputy, recently pushed his wife to the floor and she hit her head. The couple’s two children were at home during the argument. The wife called the sheriff’s department and they arrested Unholz. He was able to post bail, was charged with domestic violence, but then tried to buy a gun. He asked a friend to help him buy an automatic weapon, survival kit, and call his wife. All these actions violated the bail conditions.

Unholz now is charged with a litany of felony and misdemeanor charges – domestic battery, violation of a protective order and attempted possession of a firearm, sentencing enhancement for crime-bail-crime – and could face six or more years in state prison.

Every victim of domestic violence has the right to seek legal guidance and court protections to overcome a traumatic situation. If there are children involved, a restraining order can be requested to protect you and the children. Custody, visitation and child support orders can be requested at the same time, as well.

If you have been a victim of domestic violence, you have a right to look to the court for protection. There are several different types of restraining orders that can provide domestic violence victims with this kind of protection. If a judge wants a mediation to decide on these matters, an individual will want to bring their divorce lawyer and a support person. Sometimes it is even best to meet with the mediator separately, depending on what type of abuse has occurred.

Current California statutes call for custody to be granted in line with the best interests of the child. Domestic violence that has been done in the previous five years does not bode well for the perpetrating parent seeking any type of custody. Only if the perpetrator can provide sufficient evidence that he has completed a batterer’s treatment program, an alcohol or drug abuse counseling program, parenting classes, and complied with a restraining order, will the courts perhaps consider joint custody.

One of the most prominent divorce and family law offices, The Maggio Law Firm in Riverside and Irvine, Calif., is skilled in representing a client’s and child’s best interests. Their firm will ensure that all of the proper documents are filed, any questions that a judge might ask will be done so in a quick, proactive manner, and will assist with any unusual circumstances that might come up in the divorce and child custody hearings.

Gerald Maggio, their lead Riverside County domestic violence attorney, recommends individuals get help early on who are being abused. He represents domestic violence victims that are married, have domestic partnerships, in dating relationships, and same-sex partnerships. Their exceptional legal counsel will aggressively advocate for an individual and child’s legal and human rights.

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Types of custody include the following:

• Legal Custody
• Sole Custody
• Physical Custody
• Joint Custody

Legal custody means a parent has the right to make decisions on the how to bring up the child In sole custody, the legal and physical custody goes to one parent. Physical custody means a parent has the right to have the child live with him or her. Lastly, joint custody establishes that both parents share legal and physical custody of a child.

A judge looks at each case and awards child custody to whomever he or she thinks would be in the best interest of the children. The factors that determine the judge’s decision are the age of the child or children, gender, what the current living situation is, any health factors and the relationship with each parent.

But even before a judge hears the case, child custody can be agreed mutually before hand, either by an agreement made by the parents, or by going through mediation and drafting up a formal agreement. A licensed mediator is a third party that helps couples resolve most of the issues before it moves further ahead in the court system.

If, however, the parties do not come to a decision about child custody and visitation rights, the court will more than likely order a formal evaluation on the case, which involves psychological assessments and an in-depth interview process of everyone involved in the child’s immediate family. The interviewer is likely to be a licensed board psychologist because of the involvement of using psychological testing in the evaluations.

The judge might even consider taking testimony from older siblings or teenagers to find out which parent they would prefer to stay with and have custody. In any case, placing the child in the most stable environment is what takes priority to help maintain the child’s routine and lifestyle. This is why approximately 67 percent of the children of divorce tend to stay in the marital home.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

• Denial – Felt even by the initiator of the divorce. The denial stage can last for a long time.
• Anger – An inevitable stage of unmet needs and dreams unrealized. Usually erupted by money and children issues such as custody and access to them but usually stem from the couple’s own issues with each other.
• Guilt – Both parties are likely to feel guilty because of the failed relationship and for their children’s emotional trauma during the divorce.
• Grief – Usually happens when the full impact of the divorce is felt. Saying goodbye to a failed relationship is a painful and sad process.
• Acceptance – When each person recognizes the totality of the experience as a part of who they are and a part of their lives. This stage is the moving-on outlook to a new set of goals and identity.

These stages are not all-inclusive and may also include fear and anxiety from financial insecurity or even safety. Ultimately, these stages usually give way to acceptance that the stages and the trauma were all part of the adjustment to finally gain some sense of stability. It also helps to seek guidance and counseling for the whole family when undergoing a divorce.

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

However, when children are involved, partners who were once bonded by marriage will, in some form or fashion, still have to deal with each other when it comes to joint parenting or issues concerning the children, no matter who is paying child support or who thinks they got the shorter end of the stick.

Divorced couples whose goal is to raise well-adjusted kids in light of the divorce and separation have some work ahead of them that requires balance, commitment and a keen focus from both sides. They both must come together as a unified front for the betterment of the children.

Of course, there are the classic emotional stages of divorce that most couples find themselves going through. There is the guilt and shame that usually occurs when there is the feeling of failure – all normal reactions to the drastic changes of divorce. No doubt that there may be an emotional roller coaster of grief. Subconsciously, or at many levels, there may be denial, bargaining, resentment, anger and acceptance –all are on the vast spectrum of emotions people feel after a divorce.

There can be much to be gained by remaining allies, even though communication or mutual respect has diminished in your marital relationship. Being civil and maintaining family ties on both sides can ensure balance and equilibrium for children who need stability and extended emotional support more than ever. It is always good to remember to put your children first. Do not be petty by rehashing old arguments and opening up old wounds. Try to also be inclusive. Involve each other in your children’s milestones, shortcomings and achievements.

To let go of resentment and the emotional baggage of a failed marriage and the many disconnects that might have occurred, the idea of maintaining some sort of harmony in front of and around the children will always speak volumes and can also help your children adjust to the divorce and become well-adjusted adults in the long run.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

But the often overlooked post-relationship insurance (insurance to protect assets and interests) is also a postnuptial agreement – a written contract put into stone after the couple is married – and have all the contractual law elements with five additional requirements: 1) the agreement must be written 2) must be voluntarily executed 3) must have full and fair disclosure 4) must be unconscionable (not exclusively unfair to one party) and 5) must be executed by both parties before a notary public.

Postnuptials didn’t come into play until after the 1970s as a result of the number of no-fault divorces upon the crest of legislative and statutory changes that led the American legal system to begin accepting postnuptial agreements.

Typically, there are three types of postnuptial agreements: 1) an agreement of a division of property when one spouse dies; i.e., the surviving spouse can waive certain inheritances, for example; 2) a separation agreement, usually an agreement that can minimize the time and cost of a divorce because division of property, custody or alimony has already been determined at time of separation; 3) one that affects the right of future divorce, limiting or waiving custody, division of property, etc.

California validates postnuptial agreements per California Family Code Part 5, Chapter 1, §1500 which reads: “The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement.” Also, §1502 says that such agreements are to be “executed and acknowledged or proved in the manner that a grant of real property is required to be executed and acknowledged.”

Postnups can be used in creative ways. Sometimes they can also save a marriage, particularly ones that are struggling financially. A couple with different money styles can breathe easier knowing that their assets are on the table and dealt with in the advent of divorce.

An experienced family law office can help you guide you through the postnuptial process.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

When we think of people who divorce, we think of couples with smaller children, or middle-aged couples, going through a mid-life crisis. Most programs and resources are geared for this segment of the population. However, there is a segment that goes less noticed. These are the couples that stayed together for the sake of the children.

Though some would think that this option would be the most viable solution to custody battles and saving their children from the emotional trauma of divorce, there are also some sobering truths these couples have to face once they finally decide to go their separate ways later in their lives. Though they may have lived separately emotionally and maybe even physically for all those years, one thing that is hard to sever is the years steeped with deep connections, their past together spanning many years. They are forced to face that because of their age, it is so hard to financially recover from divorce.

One hardship is coming up with coping skills that would work for them, that probably would have been easier to garner when they were in their youth. They will have to separate who they are from their marriage. Usually, these couples did not come up with a financial plan to reflect this long-term goal. Divorcing seniors are probably well into their retirement years, have a pension and maybe even a house paid for. But more often, they did not have a financial plan and they are forced to watch every purchase and cut back when they can in order to get by, or even in some cases, place a burden or a strain on their children for a place to stay or for financial support.

The couple that waits later in life to get a divorce has many facets that are truly unique to their situation that does not fit in some prescribed notion or category. What they have to do is assess all their assets quickly to accommodate their new lifestyle.

An experienced family law office can help you guide your way to your new life.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Before the deposition, a deponent should review any documents that they reviewed as part of an expert report or, if the deponent is a party, any documents that have been submitted to the court and/or opposing counsel. Parties in a divorce proceeding should review pleadings and affidavits, interrogatory answers and documents responses. It is not necessary to memorize any statement or document. Some questions may arise during the deposition, especially financial ones, to which you won’t remember the exact numbers. It is permissible, even preferable, if you refer to the documents that have been submitted to the opposing attorney. For instance, “That information is on my tax returns.” If you continue to be pressed by the opposing attorney, state that it will be necessary to review the document in order to respond further.

Behavior at a deposition plays an important role. Think before you speak. Listen very carefully to each question. If there is anything that isn’t understood in the question, ask for it to be repeated or rephrased. Pay attention to the questions, there may well be double meanings and assumptions that you have testified to something that you didn’t.

After understanding the question, answer honestly and in a straightforward manner. Less is more. Don’t worry about a “bad” answer, just give right answers. If something is unknown or being estimated, make it very clear. Take your time answering. Think and formulate your answer before speaking. Remember to speak slowly and clearly, as this is all being transcribed. If you must point to something, describe what you are pointing to.

Do not argue. Never argue with the attorney or refuse to answer any questions, unless instructed by your counsel. Refusing to answer is only playing into the opposing attorney’s game plan; the opposing attorney may consider such a response as evasive or having struck a nerve. Joking is also a no-no. Humor doesn’t go well in the transcript, coming off as insincere or crude.

Do not lie. Always answer truthfully, your lawyer can deal with the truth effectively but is hindered when the truth is kept hidden.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

There is a child support guideline formula in the state of California that is used to determine the appropriate amount of money due to the parent who has legal custody. Net income and the quantity of time each parent spends with the children are two major factors in calculating child support payments.

With these two main factors in mind, the California Family Court calculates child support based on each parent’s net income and the amount of time a child spends with either parent. There are additional factors in calculating child support payments, such as: child care expenses, medical insurance premiums, home mortgage payments, tax filing status and any other expenses that can impact the family’s financial situation.

A judge will begin the process by looking very closely at the amount of time each parent spends with the children. This amount of time is then entered into a complex formula that is used to calculate support payments, often referred to as the “J Factor.” This element is named so because the California Child Support Guideline operates using a mathematical formula in which “J” refers to the amount of time the non-custodial parent spends with the child or children. The formula used in calculating child support is the same in every case and in every court in California. Because the formula used to calculate the child support amounts is complicated, the court most commonly utilizes a computer program called a Dissomaster to calculate the monthly child support amounts.

An experienced family law attorney will know how to negotiate what gets calculated into the non-custodial parent’s net income. This can include bonuses, commissions, overtime pay or any other form of income that occurs on a regular basis. Such calculations will help to ensure that the proper amount of child support is received each month.

Because basic child support doesn’t include child care or uninsured medical expenses, the court will consider these expenses in addition to the guideline support. This is called a mandatory add-on. Generally, each adult is responsible for paying half of the child care expenses if the custodial parent is employed full time.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Every member of a family struggles to get through a divorce. It’s not just the parents who have a hard time adjusting to the new situation. To ensure that your children adapt to their new family dynamics during and after a divorce, there are several actions you can take.

Start by telling your children the truth about your divorce. Children need to understand that their parents’ decision is final and is not something that is up for debate. When explaining divorce to children, you will want to consider their age. Younger children may not need as many details as older children will require. You should, though, encourage questions from your kids about your divorce. Open the communication lines early, so they can tell you about their feelings now and in the future.

When explaining divorce to your children, you will need to make it clear that the divorce was not their fault. All too often, children end up believing that their parents have split up because of something they have done.

You should make sure to tell your children about upcoming events or life changes they will experience as a result of the divorce. Telling your children about these events, activities, and schedules earlier rather than later will allow them to adjust to these changes more smoothly.

Working with the other parent to set consistent rules is also important during a divorce. The goal should be consistency, and parents should work together to enforce rules that the kids have been expected to follow all along. This will be particularly important if children begin to act out as a result of the divorce. If children act out by misbehaving, parents should seek to validate their feelings first. Your children’s bad behavior may be a result of the anger, sadness, and confusion they feel regarding the divorce.

One of the most important things you can do during a divorce is spend quality time with your children as often as possible. This means you should allow for no distractions when you are devoting time to your family. Spending this quality time with your children can help them through many of the issues the divorce might cause.

A family law attorney can offer you a wide-range of advice on minimizing the impact of a divorce on children.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Regardless of whether you or your spouse started the divorce proceedings, it is important to take the time to recognize the positive things that may result from your divorce. You can overcome the emotional challenges of divorce by looking at things differently. You should think of your divorce as a new beginning, a chance to start a new chapter in your life. Take the opportunity to try new things, such as creating hobbies and discovering new interests. The busier you are with your life, the less time you have to think about the past and the challenges of a divorce.

Amicable divorces usually end with a better result than those that are hostile. To avoid stress, you should try to put aside any negative feelings you have for your former spouse, especially if you have children together. You should also avoid saying negative things about your former spouse. Negative talk doesn’t make things any easier for any party involved. If you have children, it’s especially important not to talk badly about your former spouse. You should not make your kids a sounding board and should do everything possible to prevent them from getting stuck in the middle of the divorce.

Another thing you can do to minimize the emotional stress brought on by a divorce is to ask for help from your friends and family. During any difficult time in your life it is important to have a social network available to support you, and divorce is no different. You should seek to surround yourself with loved ones and allow them to help you through the divorce process. Family members are not the only ones you should trust during your time of need. You should also enlist the help of attorneys, mediators, therapists and financial planners. These trusted professionals can also help you through your time of need.

You can also cope with the emotional challenges of divorce by believing in and standing up for yourself. While you should seek to end things with your spouse amicably, it does not mean you should not stand up for yourself. You should get what you deserve by standing your ground on issues of child support, spousal support, property division, and other issues impacting your children.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

• Individual income tax returns from the past three to five years (federal and state)
• Any business income tax returns from the past three to five years (federal and state)
• Proof of your current income (Including W-2 forms, 1099 forms, and recent pay stubs)
• Prenuptial agreement, if one exists
• Bank statements
• Retirement account statements
• Stock portfolios and options
• Pension statements
• Credit card statements
• Any existing loan documents
• Utility bills and other bills (tuition, medical bills, etc.)
• Life, health, automobile and homeowners insurance policies
• Real property deeds for each property you or your spouse own, or any properties owned by any entity that you have an interest in
• A detailed list of personal property, including jewelry, home furnishings, artwork, electronic equipment, clothing, etc. If you and your spouse own any particularly valuable or unique items you may wish to photograph them and inventory them and perhaps obtain an appraisal.
• List of real property and assets owned by each spouse prior to marriage
• Wills, trusts, living wills, powers of attorney, durable powers of attorney

It is important to remember that this list is not exhaustive. Your family law attorney may require additional documents from you. The more of these documents you can provide, the easier it will be to proceed with your divorce.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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In most cases, long-term spousal support can be terminated or modified at any time during the support period. The only instance when this is not true is when there is a written agreement by the parties expressly stating that spousal support is non-modifiable. In the absence of such an agreement, the court generally retains continuing spousal support jurisdiction and can decide to terminate or reduce spousal support in later court proceedings.

If the court assumes continuing spousal support jurisdiction, then the court may grant a request to modify spousal support if the supporting party can demonstrate a material change of circumstance since the most recent court order outlining the spousal support. When reviewing a modification or termination request, the court will consider the following factors:

Reducing Support if Spouse Is Self Supporting – The California Family Code emphasizes that even in long-term marriages, defined as those which last 10 years or more, the supported spouse has a duty to become self-supporting within a reasonable amount of time, which is considered to be one-half the length of the marriage. Generally, if the duration of the marriage is less than ten years, a supported spouse is expected to become self-supporting in half the length of the marriage. Modification or termination of the support can be ended before this time. If the spouse has not made any reasonable efforts to become self-supporting, you may ask the court to terminate the spousal support. If, on the other hand, your former spouse has actually increased his or her earnings, you will be able to present evidence of this in court and argue that he or she now has a reduced need for support.

Reducing Spousal Support Based on Obligations – In some cases, the supported party’s separate estate, including any and all assets allocated to him or her in the community property division, and its reasonable income potential, may be enough for you to seek a reduction or termination of previously awarded spousal support.

Other Factors that affect Modification of Spousal Support include:

Remarriage – Unless the parties have made an agreement in writing, a spousal support order automatically terminates when the supported party gets remarried.

Cohabitation – Cohabitation may also be a basis for seeking a modification or termination of a spousal support order. If your former spouse is cohabitating with a member of the opposite sex in a romantic relationship, you can request that the court order a termination of support or a downward modification of support.

Retirement – The retirement of the supporting party may be sufficient basis to receive a termination of support; however, it will be important to prove that the supporting spouse has a right to retire and is not choosing early retirement.

Whether you can terminate or reduce your existing spousal support obligation depends upon the unique facts and circumstances of your case. If you are considering modifying or terminating your spousal support order, you should contact a family law attorney who will review your case and advise you on how best to proceed.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Being a victim of domestic violence can be a stressful and traumatic ordeal. However, there are legal ways to ease the stress and trauma by ensuring that further harm does not come to the victim. A domestic violence restraining order is a court order that protects a person from being abused or harmed by another person.

To qualify for a Domestic Violence Restraining Order you must have a relationship with the person you are seeking the order against. This relationship must be one of the following:

• Married Couples (sometime known as Spousal Abuse)
• Couples who cohabit
• Persons who have a child or children in common
• Persons currently in a dating relationship or who were in a former dating relationship
• Persons who were formerly married to each other

In California, the victims of domestic violence can obtain three different types of restraining orders: an Emergency Protective Order, a Domestic Violence Temporary Restraining Order, or a Criminal Protective Order.

An Emergency Protective Order (EPO) is issued by law enforcement and is only valid for a short amount of time, usually less than one week. This type of restraining order is particularly useful for victims of domestic violence, as it provides them with immediate protection after an incident has occurred. These types of restraining orders usually arise when the police have responded to a domestic violence call.

A Domestic Violence Temporary Restraining Order (TRO) is another short term restraining order valid for no more than 21 days. While these restraining orders only cover a short period of time, they can be made permanent for 1 to 3 years. The purpose of a TRO is to provide the victim with protection until a hearing can be held and a permanent restraining order can be issued.

A Criminal Protective Order can be obtained through the District Attorney’s office and is issued in active domestic violence criminal cases. Under this kind of restraining order, the individual the order is issued against is not to have any contact with the victim.

Each type of restraining order must be court-ordered, so you will have to go to court to prove your domestic violence case. It is important to have an attorney who can represent your best interests. An experienced family law attorney will ensure that all of the proper documents have been filed, will be able to handle any questions a judge might have, and will help you deal with any unusual circumstances that arise.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

The adoption process is often difficult even for heterosexual couples, and same-sex couples face even greater challenges when it comes to adoption. In California, GLBT adoption and second parent adoption are legal and can present significant legal and social challenges for same-sex couples.

Gay and lesbian couples often decide to bring a child into their lives through conception and birth. For a lesbian couple, this involves finding a male donor or visiting a sperm bank and then having one member of the couple become pregnant. In such a partnership, the other parent can then become a legal second parent through stepparent or second parent adoption. Gay men can also become legal parents of a child through the use of a surrogate mother.

Having a child through conception and birth can be a long and difficult process, so some prospective gay parents choose to go through the state system. For these prospective parents, success in adopting from the public child welfare system greatly depends on two things: the state adoption law and the attitude of the adoption agency being utilized. In California, state law protects prospective gay and lesbian parents from discrimination during the adoption process. It is illegal for public agencies in California to reject adoptive parents on the basis of their sexual orientation.

While the law provides some protection for prospective gay and lesbian parents, it does not guarantee that prejudices don’t exist within the agencies. Social workers who are not comfortable with homosexuality may determine that the prospective adoptive parents are unsuitable for a number of other reasons. Private agencies, on the other hand, establish their own set of criteria for prospective adoptive parents. These agencies may consider age, fertility status, marital status, religion and sexual orientation when making adoption decisions. Same-sex couples, then, may not have as much success in finding a private agency that is open to adoption by homosexual parents.

Raising a child can be one of the biggest decisions in your life, so it is important to know all of the legal ramifications of such a decision before engaging in the legal process of adoption. If you are a same-sex couple considering adoption, you should contact an experienced family law attorney who can help you through this difficult and complex process.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

In California, a domestic partnership gives parties a legal status that is similar to marriage. As such, those parties involved in a domestic partnership have certain legal rights afforded to couples who are married, including community property rights. In a registered domestic partnership, community property is generally regarded as the property acquired by either partner during the period of the registered domestic partnership. This means that all income, assets and savings acquired after registration was filed and all assets accumulated from earned income are considered to be equally owned and, therefore,  community property. This is regardless of titling of deed, asset, or account.

Under California’s Domestic Partner Rights and Responsibilities Act of 2003 community property concepts apply to property rights, but not for tax purposes. In the event that the domestic partnership is dissolved or a death occurs, each partner would automatically be entitled to a half interest in any property that was purchased during the time of the registered partnership. However, if one partner dies, community property concepts will not be used in order to determine the size of the decedent’s estate. If the partnership is simply dissolved, the community property would be divided equally between partners, and they would have the right to use the state court system in order to properly divide their assets.

If couples are not registered as domestic partners, then they do not have any community property rights. All pre-registration assets and gifts or inheritances received at any time during the registered partnership are presumed to be separately owned.

Community property rights will also not apply if registered partners have prepared a Domestic Partnership Agreement that outlines how assets, debts, and property are to be distributed in the event of a separation. This agreement provides both partners with legal protections should either party ever decide to end the relationship. It can also help couples avoid the effects of certain domestic partnership laws that can be disadvantageous to them.

If you are considering dissolving a domestic partnership or would like to establish a Domestic Partnership Agreement, you should consult with an experienced California attorney who can help you navigate these difficult, complex legal processes.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

If you are considering a divorce, you may be wondering if your spouse’s personal injury award will be considered separate property or community property. In California, any reward that is the result of a personal injury settlement may or may not be characterized as community property. Whether or not a personal injury settlement is classified as community property depends on when the cause of action occurred, not when the proceeds were received by the injured spouse.

The proceeds of a personal injury settlement are characterized as community property, if the cause arose during the course of the marriage, and before separation. If the cause of action occurred outside of this time frame, the proceeds of the settlement are considered separate property of the injured spouse under California Family Code 760 and 761. If the damages from a personal injury settlement were commingled with other community property funds, then it may be difficult to trace the source property and, as a result, the funds may all be considered community property.

Normally, the court will award the damages to the spouse who suffered the injury, unless there are special circumstances to be considered. Factors that the court may consider include the financial needs of each party, economic conditions, costs incurred by the non-injured spouse if he or she cared for the injured spouse, the time that has elapsed since the injured party recovered the damages, as well as any other factors relating to the case. In the event that the court considers these issues, damages will be assigned to the parties in a manner that the court finds to be just. Ultimately, though, the court will award at least one-half of the damages to the injured spouse when the damages are characterized as community property under California law.

If you are contemplating filing for divorce in California and are concerned about how a personal injury settlement will be divided, make sure you hire an expert divorce lawyer who can provide you with all of the details about community property.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.