Read Them Thoroughly

The first thing to do when you get your hands on your divorce papers is give them a read. Typically, the first read will not be as through as it should be, so it’s best that you give it a read at least twice. This is primarily because these papers have a sea of information that the spouse needs to know. In addition to that the divorce papers will also highlight other aspects such as:

• Which court is the case filed in?
• The deadline date of the response
• Whether she has attained the services of an Attorney or not
• The grounds of the divorce will be laid down
• The relief that the party seeks.

Hire an Attorney

This is an important step. Unless you think that you are good enough representing yourself on your own, it is recommended that you hire an Orange County divorce lawyer instead of trying to have a go on your own. Hiring an attorney will help you throughout the divorce, whether it is as a result of experience they have in fighting the case or their knowhow of the procedures that are to be followed. However, hiring an attorney for the sake of hiring one is equally bad. Make sure the attorney you hire is experienced and well versed in their job.

Give the Divorce Paper a Response

There are two way to go about this. Either you respond to the notice, disputing the facts, the claims made and rejecting the relief sought, instead seeking relief yourself or you don’t reply to the notice. Not replying to a notice is seen as accepting the terms of the divorce proposed by the other spouse and giving them all that they want. Which response to give, will depend on what you and your Orange County divorce attorney decide.

Gather Documents

If you have decided to dispute the claims made by the other spouse, you need to prepare for the divorce case. For that, the best way is to find evidences, documents and invoices if any that support your claim. If you have the documents on your side you may have a chance of winning.

Asset Protection

This is again an important step to do. Sometimes the other spouse can make off with all the joint ownership assets. To avoid that, make sure you keep their files safe and secure and keep all its legal formalities up to date. The better your asset protection the more the chance of you keeping your assets.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Interesting Facts about the Website

• While the document list is there for you to view, you cannot view the original document. For that a trip to the court is necessary or you can order any documents from the case online and pay the processing fee by credit card.
• Mistakes can sometimes happen and if you think there has been a mistake make sure you call up your Orange County divorce lawyer to confirm.
• The website, despite being updated regularly, is not always up-to-the-minute accurate. There is often a delay in between receiving, scanning and getting the information posted online.

A Few Key Features

• The case can be searched on the website using the name of case or its number. A name search will also require to enter a code to notify the system that not a computer spammer.
• The initial screen of the case will highlight you the status of the case, the date of filing and the number of the case.
• There are a number of different tabs on this screen and one that says “Register of Actions” tab will be the one that gives you a lowdown on what has been filed in your case up until this point. Whatever you may feel you miss here can be gotten by you through the family law clerk’s office.
• Another section known as the participants will tell you the people involved in fighting the case. This will usually lay down you, your spouse and your lawyers.
• There is also the hearings section to keep you updated on the dates that you need to be present in court on and the dates that have already gone by.
• If you are interested in any document filed in your Orange County divorce case, the use of the shopping cart section will allow you to order it home. Of course the document you get will be a copy. The turnaround time is typically 3-5 days.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Here are a few things that can be done to protect your rights and make your divorce against a narcissist spouse easier to bear.

Stand Up to the Intimidation

Narcissists believe that the world revolves around them. They will want to avoid changes that are not approved by them and if you have filed for divorce on your own, to them it’s a challenge to their authority. They will typically try and intimidate and threaten you to comply with their wishes. This is especially true if they even have the upper hand in terms of economic contributions to the household. If that is the case, you need to consult your Orange County divorce lawyer and move the court for an injunction against the other spouse to make sure your safety is ensured.

Alert the Court of any Non-Disclosure of Information

Both spouses litigating a divorce case have the right to know about the financial position of the other spouse. This is an important part of the divorce case trial. If the narcissist spouse refuses to cooperate in this regard it is best that you try to compel him or her to provide information, in case they fail to do so, you should alert the court. Courts have the ability to slap the unreasonable spouse in a divorce case with monetary sanctions and fines. Once they start to hurt them, they will start to cooperate.

Use the Court to Get the Judgment Implemented

Often it may be so that the court has passed an order in your favor and have asked the narcissist spouse to give you monthly spousal support. If the narcissist spouse fails to do so and refuses to abide by the judgment you need to contact your divorce lawyer and move the court against the non- compliance. The court can order the non-complying spouse to comply or else fail several other punishments such as a jail sentence, a forceful transfer of the narcissist’s salary to the other spouse etc.

What Not to Do?

A narcissist will use every dirty trick in the book to gain the upper hand in the divorce case. As much is expected of them, yet the situation will go south when you start to do the same things. If you start to leverage against the other spouse unfairly not only will your case weaken but you will also find yourself on the wrong side of the law.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

How experienced are they?

You may have heard the saying old is gold. In jobs such as that of a lawyer the more experienced the lawyer means generally the better. When you sit down with a lawyer for your first consultation before actually hiring them make sure you know about the amount of experience they have in this field. An Orange County divorce lawyer that has a wealth of experience behind them will generally know the tricks of the trade. Also it’s best to make sure that their experience as a lawyer was in the field of Orange County divorce and not some other field.

What areas of law do they regularly practice in?

Some lawyers specialize in cases of an Orange County divorce and other family law issues, while others do a number of other fields such as bankruptcy etc in addition to these fields. The wider the service area of a lawyer the less dedicated they will be to a particular aspect. To be able to get the best results in your divorce case, a dedicated lawyer that only deals with family law and divorce cases will be a better bet.

The mode of communication during the case

Even before you have hired a divorce attorney you need to sit with them and talk about the mode of communication you’ll take during the case. Communication is an integral part of a divorce cases and it is the only way that you and your lawyer can set up strategies and update one another on the happening of the case.

The seriousness of the lawyer in discussing the communication channels and methods with you will highlight their seriousness and mettle to handle your case.

The strategy to Use

When you go to a divorce lawyer even before you have hired on, its best that you lay down the facts of the case in front of them. Once you have done so, ask them to comment on the prospective outcome of the case, you chances of victory in the case and the strategy that they would adopt to get the result in your favor. A good lawyer may not give you all the details in the first consultation but they may outline a rough sketch of the strategy. If the strategy seems workable to you, you can go ahead and hire the lawyer.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Is Personal Service a Good Option?

There are some situations where personal service of divorce papers may be the only resort. This is often the case when it is clear to you that the spouse will evade service of these papers or in cases where immediate service of the papers is necessary because of one of the many protective orders being used.

If the above circumstances are not present, then its best that you sit down with your Orange County divorce lawyer in this regard and deliberate whether it is the best option. Personal service can often upset the other spouse make them feel as if they have been kept in the dark about the impending divorce.

While it may not be clear in what cases it’s not best to serve divorce papers through personal service, there are some situations in a divorce cases where it is needed such as:

• Cases of serious domestic violence
• Cases of drug or substance abuse by one of the spouse
• Child custody cases that have elements of child abuse.

What You Serve is Important?

Service of divorce papers should not be done using some hard and fast rule. It is a flexible process and can even take place through mail. As long as the other spouse signs and acknowledges the receipt of the papers of a divorce, any way of service is acceptable.

While people typically send their divorce petitions as part of the service of divorce papers, there are other things that you can also send to your spouse. One such thing is the information of assets i.e. the asset disclosure to ensure that there is little or no deliberation in court over what assets exist and which ones don’t.

Serving Papers Out of State

What if your spouse is out of state? How will you serve your divorce paperwork to them? The courts in California allow out of state spouses to be served divorce papers in a number of different ways. The method chosen will typically depend on the facts of the case. Typically personal service is used in such cases.  However, certified mail is another way of doing so.

What’s the Best Choice?

There is no one best choice. Cases will often differ to one another on the facts and for you to make the best choice you’ll need to sit down with your divorce lawyer and evaluate the pros and cons of both.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

There are many reasons that the person who has signed the agreement may change their mind on it after a while. Whatever it may be, in contracting terms this act is known as the buyer’s remorse. Here are a few tips for you to follow before you sign the marital settlement agreement.

Understand the Marital Settlement Agreement before you have read it

If at one point of time you find yourself with a settlement agreement document in front of you that you and your lawyer are alien to is the recipe for a disaster. Before the settlement agreement will have been drawn up there must have been a number of detailed deliberations between the two spouses and their lawyers. It is through the course of those negotiations and back and forth of offers that you need to be attentive and aware. You should know what you are agreeing to even before it is agreed and its repercussions.

Give the Agreement a thorough read

This is common sense and unfortunately in some cases that too isn’t very common. Before you sign an agreement and give it your assent the least you can do is give it a detailed thorough read. There is no need to feel pressured about signing a document. You need to take your time, highlights sections you find ambiguous talk to your Orange County divorce lawyer about it before agreeing to it.

Make sure that you are agreeing to an agreement that is practicable for you

When you enter into a divorce settlement agreement you are assuming responsibility to perform the tasks that are laid down in the agreement. This will include matters of child custody, child visitations, spousal support, division of assets etc. When you get into such an agreement you are accepting that the agreement is now legally binding over you.

This is a tricky situation to be in and one where any misstep that is not part of the settlement agreement can be challenged in court and the agreement to its letter and spirit enforced by the family law courts. Hence it is important that the agreement you agree on is practicable for you.

Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.

If you and your spouse is a high net worth individual you will need to plan and prepare before your Orange County divorce case so that you are able to make the most of the process. Here are a few tips to help you prepare.

Make a List of the Assets

The most important thing in a divorce irrespective of the size or the valuation of the divorce on the whole is the assets involved. When you are going into a divorce case you will want to make sure that you have the better portion of the assets divided in your favor. For that you need to make a list of the assets that you and your spouse have. A detailed list of the assets will ensure that there is no hiding of assets taking place. If you suspect that your spouse is hiding some assets having a list will ensure that you ask the court to have a full disclosure conducted.

Getting the Fair Amount of Child and Spousal Support

Typically all high asset divorces will involve considerable hackling over the amount of child support and spousal support. The important thing you will need to do in this regard is ensure that you have detailed account and evidences of all the expenses that you do as a spouse in your life during the marriage and all the expenses that are incurred on the child. When it comes time for the courts to award these supports the use of these evidences will ensure that the court are given an account of what is normal in your life as high net individuals and how that status quo needs to be kept intact.

Choosing the Right Lawyer

If you are getting into a divorce that involves high net individuals, the easiest thing to do before the case starts is to choose the perfect Orange County divorce lawyer to represent you in the divorce case. The use of top divorce lawyers will ensure that you have the best chance of winning the case. You are fighting a case that involves high monetary valuation and hence the best thing to do is to choose a lawyer that you are able to work with well.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Getting through your divorce expediently can be achieved in a number of different ways. Here are a few tips to speed up your divorce case.

Set Reasonable Goals

Sometimes it is not the other side that is causing the delay. Sometime it’s just the unreasonable expectations of both spouses that are stretching the case beyond limit. Yes you might have gone through a lot in a married life, yet the fact of the matter is that your divorce is not a battlefield. Here you cannot fight your personal battles for long. Sooner or later, you will need to set your goals reasonably or else the decision of the judge could be painful for you to swallow.

Set Timelines

To make sure that your Orange County divorce lawyer does not keep churning legal fees and asking you for more money, before the case starts you should sit down with them and set a deadline (prospective) of when you would like the case to end. That way your lawyer can work to “put wheels” on your divorce.

Make Use of the Sanctions Motion Under Family Code 271

California Family Law section 271 is a powerful one. The code has been specifically designed to ensure that the divorce process is kept moving at a brisk pace and there is no undue delay caused.  The Statute in itself is one which gives you the power of asking the other spouse who is delaying the proceedings to pay your legal bill for the divorce proceedings. The section works even if you are perfectly capable of affording your legal bill.

Primarily this article is designed to punish any and all unreasonable behavior conducted by the spouse to delay the proceedings of the divorce case. For this code section to be made use of the spouse claiming the enforcement of this statute code will need to prove that the other spouse’s lawyer is causing the delay in proceedings.

What is important to understand here is that the use of this code is meant to be made as a hammer and not a bullet. This means that if you can prove that behavior of your spouse is erratic and is delaying the case, the courts will be highly unlikely to give them a way out once they have been asked to pay the attorney fees.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

If you are looking to find a divorce lawyer from scratch here is a step-by-step guide to help you through it.

Step 1: Scour the Internet

The internet is the global hub of information and even this blog that you are reading is on the internet. Finding a divorce lawyer in your area is just like finding articles on the internet. The problem with searching over the internet is that you are unable to truly gauging the quality of the lawyer,

To do that, you need to go onto their websites, and once there the thing to look for is quality content. A good Orange County divorce lawyer will generally have large amount of content on their websites about everything divorce and family law.

Step 2: Referrals

Another guide to finding a good divorce lawyer is referrals from other attorneys, family and friends.  Referrals can indicate the satisfaction of the clients with regards to the lawyer’s services.

Step 3: Reputation

Nothing speaks volumes about your choice other than the reputation of the lawyer themselves. A good lawyer will typically be well regarded within the legal community and have a number of satisfied clients willing to put their necks on the line in recommending them to others. Looking for a good Orange County divorce attorney can be hard and you will never truly know whether the lawyer will be able to handle your case or not.

Step 4: Contact them and Meet them in Person

Once you have done all your background research there is only so much you can know about a person without actually meeting. An integral part of finding a good divorce lawyer is actually meeting them. Schedule an appointment with the lawyers that you are impressed by the most. Once you are there talk to them firsthand about their knowledge, their past cases and how they could help you with your case.  Be sure that you will feel comfortable working with the attorney that you end up choosing.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

·        If you go cheap, you will get cheap

The role of lawyer in a divorce is integral. They are the ones that will act as your voice and savior in court, defending you and putting your point of view in front of the judge. While it may be tempting to save some cash and hire a “cheap” Orange County divorce lawyer, you will get what you pay for.

·        Ask the lawyer to give you a budget and a strategy for success

The budget is actually the expected cost that your divorce case would cost you. While no lawyer may be able to tell you exactly how much your divorce may cost you, they can give you a fair estimate based on what you may want to do in your case, but the bigger unknown that can have a huge impact on your case is what your spouse is going to do.  Therefore, having a strategy as to how they will go about the case is important.

·        Either settle or move to trial

There are a plethora of differences between wine and a divorce and one of them is that they don’t get better with age. There are many cases in the family court system that have been going for years now and are still nowhere near a decision. Cases can sometimes run on a snail’s pace by either party’s lawyer.

This means that your life and your ability to move on are on hold with no end on the horizon, which is not good for you emotionally and financially.  If you think your case is going around in circles, talk to your lawyer and look to settle the case with your spouse, instead of having the case linger indefinitely.

·        Don’t lie about your finances

The courts look down on people that lie in court.  Divorce cases are critical and even the slightest of bad repute could work against in a number of divorce related matters because it directly affects credibility.  The most critical matters are related to finances and the court expects you to be truthful in this regard.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

When you are looking to settle an Orange County divorce case, there are a number of questions that need to be answered. Here are a few of these questions and the answers to these questions.

Question 1: Is there a set time frame to respond to a settlement offer?

Answer: Settlement offers are usually an attempt by the other spouses to settle the Orange County divorce case out of court. A settlement notice is usually sent through a divorce lawyer’s office. As far as the time line or deadline is concerned, there is no deadline to the settlement offer; you can take as much time as you want to deliberate on its facts, demands and provisions.

Question 2: Should I sign off on my retirement benefits entitlement if financial matters were reserved for a later date?

Answer: If you are unaware of the financial situation clearly and cannot make out the intricacies, it is best that you wait before signing off on anything.

Question 3: What if we are unable to reach a settlement? Will we go to trial in court?

Answer: This is very common; most spouses that are looking to get a divorce are often unable to reach a settlement between them. In such a case, once the settlement discussions fail, both of the spouses will have to go to court and participate in a trial, where the final decision resists on the hands of the judge.

Question 4: What happens at a settlement conference?

Answer: A settlement conference as the name suggests has something to do with settlement of the divorce case. It is basically a conference where both the spouses are given chance to work things out and to find a middle ground to proceed ahead of their divorce. Simply put a meeting to negotiate and discuss the issues held between two spouses and their Orange County divorce lawyers.

Question 5: Is a settlement hearing necessary?

Answer: No, there are two ways to do this. You can either stipulation along with the proposed order that has been agreed between the two spouses or you can simply turn up in court on the date of your case and stipulate your agreement on the record.

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

In this blog, we will take a look at the rules used in calculating temporary spousal support while the Orange County divorce case is going on (versus long-term spousal support considerations at the end of the divorce case at trial which requires a consideration of the marital standard of living and the factors under California Family Code section 4320). In California, the courts determine temporary spousal support using a computer formula that is known as Xspouse or Dissomaster. In cases that involve children, spousal support is calculated after the »”>child support requirements have been evaluated since the children come above everything else in a divorce case.

Yet despite the computer program, there are exceptions to the way spousal support is calculated.  Here are a few rules that govern exceptions in calculating spousal support.

·        When Tax consequences are different to what has been assumed by the Spousal support formula

The computer program that calculates the spousal support has an assumption of a tax consequence existing for all gross incomes. It will take into account what you would pay as tax. If however that is not the case, you need to notify the court as such as prove it using facts and evidences that prove your net disposable income has been calculated incorrectly.

·        When you have support obligations from other relationships

The computer formula is not designed for special circumstances. If you have been in a prior Orange County divorce and still have support payments to make, you should tell that to the judge. The judge will take that into account when deciding on the spousal support amount in this case.

·        The California Spousal Support Number doesn’t consider what you need

One of the leading criticisms of the system has been its inability to take into account the need of the spouse being supported. The computer will simply develop an amount using the net disposable income of the spouse. If the spousal support amount is disproportionate or inadequate for the needs of the spouse, they can put the matter in front of the judge for modification.

To prove you have need, the evidence needs to be factual, compelling and of an actual need and not a hidden want. Despite that, it will be on the court’s discretion to award an additional mount on top of has been decided or not.

·        Extremely High expenses not considered by the Spousal Support Formula

If you have out of the ordinary expenses that you want the court to take into account before making the spousal support order. You need to lay it down in front of the judge. The judge will only listen to your claim if you can give tangible, compelling evidence. But the decision is solely on their discretion.

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

This situation can be solved in two way: either the spouses mutually agree on which one moves out and which one continues to stay or let the court decide the case.

Moving Out by Agreement and Divorce

Ideally, when a couple decides to part ways, the moving out of one of the spouses should be done with mutual consent and agreement. Typically for this to happen, the husband and the wife looking for an Orange County divorce will converse with one another and decide what is in the best interest of their child.

If such a mutual agreement is being drawn out between the two spouses in the course of their divorce, it needs to be detailed and should include the list of items the spouses moving out will take with them. Typically it is best that you involve an Orange County divorce lawyer in the drawing up of these agreements.

It is advised that the spouse that is moving out makes sure that at least temporary custody and visitation schedules/orders have been determined beforehand. If one of the spouse moves out of the house without being specific about the terms and custody and visitation could affect their child custody claims and separate property and community property accumulations.

Moving Out by Court Order and Divorce

Legally, the Orange County family law provisions and California laws have clearly laid out set of rules that tackle the subject of moving out and divorce through exclusion orders from the court. This is a complicated set of rules and procedures. The family law courts like to stay neutral in feuds between divorcing spouses and will only be able to kick a spouse out of the house if there are clear and permissible evidence of domestic abuse/violence.

The basis of the kicking out procedure and the exclusion clause is to protect the vulnerable spouse and the children if the marriage has any from a violent parent, i.e. domestic violence. But, the rules of the court dictate that for a spouse to be able to get an exclusion order produced against the other party on an emergency basis. They need to show the court the threat of an immediate harm. This rule is designed to act as a protection for spouses that are wrongfully accused of such actions and condemned from their own homes.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

This highlights the importance of the role of a lawyer in divorce proceedings. When you employ a lawyer to represent you in court, there are a few things that you need to expect from him/her in court.

·        Expect Them To Be Well-Prepared

This is one of the most obvious expectations that a client is likely to have from their lawyer in an Orange County divorce case. The proceedings of the court means that lawyers from both of the spouses will fight and argue the case in front of the judge who would in the end give their judgment. Keeping this in mind, it is important to have your Orange County divorce lawyer aware of the facts of the case inside and out.

A good lawyer is likely to come prepared to court knowing what questions the opposing lawyer could ask, any testimony that they should present, and have a list of witnesses and evidences to be presented.

·        Expect Them To Communicate With You Regularly

You and your lawyer are on the same side in a divorce case. In fact, your lawyer is your sword and your shield. Therefore, it is important that you expect your lawyer to communicate with you on a regular basis throughout the course of divorce proceedings. The communications between the two of you can be on a variety of topics that may range from the day’s happenings in courts to the up and coming testimonies and cross questioning phase in court. The more you communicate with your lawyer the better it is for you and your lawyer’s chances of winning the case.

·        Expect Them To Be Social And Cordial With The Opposing Counsel

The legal world of Orange County family law is small and well-knit like a community together. This means that lawyers who practice extensively in the same field will generally be good colleagues out of court. You should keep that in mind, since you may see your lawyer communicating with the opposing counsel. However, it will not affect your case. In fact, this might help as both lawyers may even be able to discuss peaceful resolutions to the case out of court.

Gerald A. Maggio is an experienced Orange County divorce attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Here is a list of some of the steps that you can do to make the selection process easier for you.

Start with the First Phone call

When you call a law firm, what is your purpose? Is it to talk to the secretary or an administrative executive? Or do you want to speak with an experienced divorce attorney (or have an appointment set up with them), who is willing to listen to your case and help you with respect to your situation. While some lawyers are desperate enough to talk to their clients on the phone, some like to talk in person. Most top Orange County divorce lawyers prefer to talk to their clients in person and charge a fee for it.

In Person Consultation

Always remember you should take an Orange County divorce attorney’s legal advice since they are the only ones legally permitted to give it. If you visit a law firm and meet only with someone who is not a lawyer, that someone cannot give you legal advice.  It makes absolutely no sense to sit in a room and discuss your divorce case’s facts with someone who isn’t a qualified lawyer.

If They Sugar Coat It, They Aren’t The Right Lawyer

Your whole case, and in lieu of this your future, is in the hands of your divorce lawyer. In such a case, you would want someone that is clear about what he or she wants to do and is capable enough of addressing any issue to raise with respect to the divorce process. Another important trait in a quality Orange County divorce attorney is their ability of being to be honest. A wide variety of lawyers will try to lure you into paying for their services by making lofty promises and unachievable claims.

Choosing a good divorce lawyer is a multilayered process that has many stages. The best way to find a good, competent, and committed divorce attorney is to take the process one step at a time and not jumping to conclusions.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

1.     Start Reading Legal Blogs

The first and most important step in this regard is to make sure you are aware of the divorce and family law system. Read up on important articles or legal blogs to build a base that allows you to understand your position and chances.

2.     Seek Advice From Professionals Only

Be careful when seeking advice from friends and family in legal matters. Any bad advice can be more fatal that no advice in Orange County divorce cases. It is important that you take advice from an experienced Orange County divorce lawyer only.

3.     Visit a Number of Lawyers

Don’t be laid back. Your lawyer is your best chance to win in a hassle free manner. This means that you should be proactive in finding the right fit for you.  Make sure you visit at least three before deciding on the one of your choice.

4.     Have Any Questions? Ask Your Lawyer

Make sure you are able to display your willingness of winning to the lawyer. Listen to them about the legal issues concerned with your case and make sure you ask them all the questions you want. This is important since the more detailed an explanation the lesser you are likely to panic in that regard.

5.     Does Your Lawyer Sound Unethical? Dump Them

Make sure you stay away from unethical lawyers. These kinds of lawyers are only going to increase and decrease the level of concern and panic in you using their inflated threats of bias and danger claims. In addition to that, they will churn money out of you every chance they get.

6.     Outline Your Expectations Right from the Start

Work with your Orange County divorce lawyer and make sure that both of you are on the same page about the expectations from the case. Also, it’s helpful if you are able to determine the budget and strategy before hand, leaving little room for panic to creep in.

7.     Communicate with Your Lawyer Daily

Make sure you have daily communication with your attorney to avoid any confusion and allowing you to stay updated with respects to all the happenings of the case.

8.     Opt for Therapy if Things Get Rough

If you are struggling with emotions during your divorce proceedings, try and reach out to therapy to stabilize your mental state.

9.     Put Your Emotions Aside and Try to be as Rational as Possible

This is an important point and should be considered. Make sure you treat your divorce case like a business. Try to stay logical and factual throughout the process. Always keep in mind that divorce is not a means to take revenge and any attempt at doing so can be damaging.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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

Choosing a Good Divorce Lawyer Using Logic

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

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

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

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

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

The key to prevailing in a family law case is to have a reliable Orange County family lawyer at your disposal. Having said that, finding the right Orange County lawyer is a big challenge in itself, with the process being challenging and tiring more often than not. In this article, we are going to outline a few traits that are needed in an Orange County lawyer to be considered the perfect fit for your case.

Respect and Integrity

Integrity is the key to judging any man or woman, and that is the same rule that you need to follow when looking for the right, reliable lawyer. Integrity means the ability of the person to be honest and truthful. A lawyer that has integrity is going to be one who is honest to your face. Such a lawyer will outline the strengths and weaknesses of your case and refrain from giving you any false hope.

Diligent and Hardworking

The diligence of your lawyer is one of the most important traits to have in him/her. Only a lawyer that thinks of each case as the most important in their career and tries to give their all in terms of hard work is likely to grant you success. The diligence of the lawyer is an important trait, and the best way to gauge it is their first call.

Did the Orange County family law lawyer talk to you directly or did the secretary? What was the first discussion about, the amount of money or the facts of your case? These are questions you should ask yourself before you decide on a lawyer. Diligence is shown in the first call or contact, and if you are unable to feel it, move on.

The Ability of Being Objective

Orange County family law cases cannot be determined without the proper use of the conditions, the situations and the context of the problem at hand. A lawyer who is objective is likely to want to look at the case in depth and expand their canvas from simple statute and case facts to include the context of the problem, other issues that have been prevailing in the family etc.

Objectivity is one of the most important traits that a lawyer should have because each case is different.  This means that there is no set black and white, clear cut solutions and applications of law. There are lots of grey areas and only an objective lawyer is likely to have the ability to understand and utilize those grey areas.

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

What will he/she want to know about my assets?

Assets are an integral part of the financial side of your life and in divorce cases, the financial side along with child custody are the two most fought over topics in divorce proceedings. There are certain aspects regarding your assets that your lawyer will want to know about:

·         What do they want to know about the Real Estate?

Real estate can be defined as properties such as residential property homes, rental properties and lands etc. The key things an Orange County divorce lawyer will need are:

• The correct location of each property
• The date of purchase for the property
• The details of the finances that were used to but it
• The status of the property in terms of separate property claims

·         What kind of Information do they want about Vehicles?

More often than not vehicles aren’t considered too big an assets in terms of divorces yet if the vehicles are expensive models or rare collectibles the interest in the division of vehicles may increase. The information he’ll need is:

• Information and details about the vehicle and date of purchase
• The price of the vehicle
• Any separate interest claim in the vehicle

What will the Divorce lawyer want information about with respect to my income?

The incomes of both the parties are one of the chief talking points in Orange county divorce especially with regards to the spousal and child support payments being determined.

·         What information are they looking for about the income of mine and my wife’s?

Most commonly if both of your work a job, the lawyer will need the bank statements or salary slips that you receive which clearly show your monthly and annual salary. If however one of the spouse earns his living independently, then the lawyer will need all financial documents that clearly show that income and justify its source.  Any income such as rent payments from rented apartments can be classified as earnings other than a job.

Gerald A. Maggio is an experienced Orange County divorce attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Mediation

Orange County divorce mediation is a process where the decision of the mediation is taken by the spouses themselves based on their understanding, view points, and choices. The couples tend to consider the situation at hand, and the perspective of each other in deciding such matters through divorce mediation. Is Collaborative practice the same?

Generally in divorce mediation, the process is carried out in the presence of three people in a room. The three people are the divorce mediator and the two spouses. The procedure is done between the two spouses with the mediator simply there to make sure the process is carried along in the correct direction. Divorce mediation is particularly helpful for people who are clear about their situation, their demands, and the concessions that they are ready to make. The people that take part in divorce mediation are often people who need little or no assistance from elsewhere to reach a sensible conclusion.

Mediation allows the spouses/parties a better chance to influence the resolution and the outcome. The most important person in the mediation after the two parties is the divorce mediator. The sole role of the mediator as mentioned above is to lubricate the process and to try and keep it heading into the correct direction. The role of the mediator is to manage and control the flow of the communication and discussions between the two spouses and to give them a little nudge here and there to keep them going in the right direction.

Collaborative Divorce

Collaborative divorce, similar to mediation, is a voluntary process, but the primary difference is the presence of lawyers in the process and the limitation on the lawyers of not being involved in the litigation of the claim. In collaborative divorce, the lawyers are not in aid of one party, but look to understand the general perspectives of both the parties involved. Unlike mediation, collaboration is controlled by a collaborative team that contains psychological and financial experts as well as lawyers.

People who seek more support in presenting their case in terms of their Orange County divorce choose this process over litigation and divorce mediation. The collaborative team has a greater influence on the final result as compared to divorce mediators.  However, the cost of collaborative divorce can be significantly more than divorce mediation because the collaborative team each have their own fees to be paid versus one mediator.

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

When the emotions run so high, there are several instances in divorces where one of the spouse or even both in a few cases threaten the other with verbal threats. Here is a list of a few of those threats and the importance and ultimate uselessness of such threats if any.

Do As I Say Or You Won’t Get A Dime!

This one of the most common threats that is leveled by dominant spouses against the other spouse who has been dependent on the other for support throughout the relation. At times spouse that have enjoyed authority and control all their life get stifled by the sudden change in their life in the shape of a divorce without their go ahead. In such cases, spouses tend to level such threats to try and regain control and exercise their authority over the other spouse. This threat though is simply a baseless one. Whether you will or won’t and the amount of financial support is all decided in the court by the judge and your spouse will have no direct control over it.

All These Discovery Requests Are A Ploy By Your Attorney To Raise Your Bill

The process of discovery can be important in divorce cases. Discovery process seeks to find out all the facts and information about the aspects of the other spouses life that are important to the proceedings. The primary of this is likely to be the financial position. These questions are likely to be sharp, pinpoint and relentless which means that the spouse at the wrong end of them will feel miffed and irritated. This threat is nothing but a ploy to somehow save them from this line of questioning.

I Will Go And File For Divorce Not Here But In Nevada

This threat is partially true yet the motive is all wrong. While spouses can file for divorce in other states of the U.S. besides California, you generally have to live in the state that you file for divorce in for a period of time before you can be considered a resident of that state.

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

With divorce being so traumatic in itself it is important that you stay away from doing anything that compounds the emotional ordeal to greater heights. Here is a guide to a few mistakes that can increase your emotional trauma.

Facing Divorce Alone Without Help

People who are strong willed and clear headed often believe that they are capable and mature enough emotionally to be able to go through the divorce process alone without the need for help. This though is one mistake that can have multiple affects on your life including emotional traumas. When you are going through your divorce you not only need an Orange County divorce lawyer, you also need your friends and family. They act as the rear guard in front of the person trying to strike out the vibes and trying to comfort and console you throughout and post your divorce.

Wanting To Make Buddies With Your Ex

There are a considerably large number of cases where one of the other spouse wants to maintain a health friendship with their ex after they have gone through a divorce. There is no doubting that there are amicably handled, peaceful divorce in the family law courts yet an ex will always be an ex. There are reason that you are your spouse have separated and aren’t living together. If you are willing to make friends with them again, be cautious of the extent of that friendship because chances is that the demons that you wanted to escape with divorce might start to come up in your life again. This could cause you nothing but mental trauma and waste of energies and hopes.

Using Your Divorce As An Excuse

While it is true that divorce is definitely one of the best excuses for all things wrong in one’s life it certainly isn’t the correct one. It is true that people that suffer from divorce are likely to affect your eating, thinking and sleeping capabilities but these cannot be used as an excuse for letting go of your grip on life. You should keep in mind this is but a temporary transition and that in a matter of few days or weeks you will be back to normal with a new life ahead of you to avoid this mistake. In times like these change of heart and attitude is a welcome thing for you and your friends.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Here are a few of these threats that you might receive from your spouse. Always though, remember that these threats hold no relevance until your case starts being heard.

“Don’t trust your attorney, mine will save you money and represent you better”

When it comes to choosing an Orange County divorce lawyer, it is important that you choose one that you have interviewed, one whom you know. You should be aware of their credentials and have the utmost confidence in his or her abilities. It is important that you stay well away from falling into the other spouse’s trap of getting yourself represented by their attorney. Their attorney, being their attorney first, is likely to work for their benefits and that can harm your court case.

“Your actions mean that I will never let you see the kids again”

There is absolutely no need for you to worry about such a threat. This is another one of those empty threats which holds no substance at all. Matters of child custody and child visitation are decided by the Family law court. They will look at the child’s best interest in mind when deciding both these issues and not listen to one or the other parent’s grudges.

“I will fight this case for eternity, I don’t care about the legal fees”

This is a common threat that is often used by spouses that feel strongly for vendetta. The purpose of such a threat is to scare the other party to back down without a fight. Whenever you are threatened this way, inform your divorce attorney that your spouse intends to delay the case and stretch it. A good lawyer will know how to handle such cases.

“I’ll go to jail but I won’t give you a penny”

This again is another one of those harmless threats. The Family courts have strong legal foundations and are there to ensure that you get all the support payments that you are entitled to. These payments can be either child support or spousal support. Jail sentence is also an option for a spouse that acts against court orders.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Welcome to The Maggio Law Firm’s PODCAST answering the questions about how soon after a party files for divorce in California can they be divorced.  

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Welcome to The Maggio Law Firm’s PODCAST about how property is divided in a California divorce or legal separation, including an explanation of community property and separate property concepts.

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Men should consider individual counseling to help work through their issues in order to be able to effectively move forward in their lives, and perhaps avoid problems they themselves may have caused in their marriage. If that is something that seems daunting, another option is to seek a men’s support group near where you live or work devoted to issues associated with the effects of divorce and separation.  One such men’s support counseling group is offered by Orange County therapist Lawrence Marquez, Psy.D.  Dr. Marquez leads a small men’s divorce support group in Irvine, California on a weekly basis that provides continuing support for men caught in the crossfire of divorce.  The members of the group collaborate with the other men to help each other navigate the effects of divorce.

Dr. Marquez states that “the purpose of the group has been to provide a safe and supportive environment where divorce-related issues can be shared and explored. As the group leader, I provide insight for the men as they each work through their process. However, I must admit the most impressive aspect of the group has been the support that I see from each member of the group towards one another.”

Some of the topics discussed in this men’s group include the men’s court and legal experiences, the restructuring of the family following the divorce, how to deal with the ensuing emotional & financial stresses, and common or unique circumstances or struggles as they are presented.   Dr. Marquez states that his role as group leader is to “encourage self-awareness, the ability to process, understand, and deal with feelings appropriately, foster improvement in areas of communication, stimulate growth and strengthening of parenting skills &  healthy parent-child relationships, promote healthy boundaries with ex-spouse and others, provide guidance through issues of grief, and help renew personal focus and self-direction.”  

The benefit of such men’s support groups is to show men of divorce that they are not alone and that there are many other men out there that are going through the same experiences.  They are able to help each other with their feelings and with some skills to move forward with their lives.   Another benefit is that such support groups are often moderately priced.  Such support groups should not necessarily take the place of individual counseling that may also be needed, but it can be a healthy component to any counseling plan.

If interested in more information about men’s support counseling or in Dr. Marquez’s men’s support group, Dr. Marquez can be reached at (949)633-5355 or by email at enduringsupportcounseling@outlook.com.

For any legal information about divorce issues or to schedule a consultation with Orange County divorce attorney Gerald Maggio of The Maggio Law Firm, please call (949) 553-0304 or visit www.maggiolawfirm.com.  The Maggio Law Firm is an experienced and compassionate Orange County divorce and family law firm serving the Orange County and Riverside areas and neighboring counties, serving clients with legal issues including divorce, legal separation, prenuptial agreements, divorce mediation, and other family law issues.

Gerald A. Maggio is an experienced Orange County divorce lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

Bookmark to:

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

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

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

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

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

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

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

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

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

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

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

“The state has a great interest in having those who want the benefits of parenthood to take on the responsibilities and obligations that go with parenthood,” said Pacific McGeorge School of Law Professor Larry Levine in Sacramento.

In the latest case of assigning the parent child custody, a woman who did not adopt her ex-girlfriend’s kids was ruled as their parent because she provided for them monetarily, tended to them when they were sick and even volunteered at their school. Plus, she could not adopt the children as she was in the Air Force and did not want to violate the “don’t ask, don’t tell” policy that was only recently lifted. Because she was carrying out the parental responsibilities and rights, she was now deemed their parent.

Child custody decisions are, therefore, looking more at who is truly functioning as the parent. Adults who do not have blood ties or adopted a child used to be classified as “legal strangers”, but if they are carrying out the role of a parent, courts will want to keep what is in the best interest of the child. A child-centered approach versus a child as property mentality is what the courts are shifting too. Who do the children rely on? Who do they think their parents are?

This can have a big impact on not only child custody, but matters of child support. The state wants to side with whom will provide the best health, education, and home environment for the child if both parties cannot agree on joint custody. The courts really take each decision on a case by case basis, as no two scenarios are exactly the same. The biggest constant is that they will rule in the best interests of the children. An experienced child custody lawyer can help the individual who seeks child custody to create an agreement that upholds what is best for the children and takes into consideration all the actions they carry out for the children.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. The Maggio Law Firm specializes in divorce and family law. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

A mediator will provide guidance to reach a resolution on the issues that still need to be worked out. They bring critical negotiation skills to listen to each party’s interests and concerns, and then help to find a common resolution that each person can agree to. The mediator is a neutral party, and oftentimes an attorney, so they will be able to provide you with a background of what is legally permissible. When an impasse is reached or negativity stalls progress, the mediator knows how to get the conversation back on track. For some couples this means not doing the mediation all in one day. But in two to three sessions, you can resolve all the big priorities of the dissolution.

It is important for you to know what your future needs are so that child support, spousal support, and the division of assets and debts are done to help you find as stable of a future as possible. What many people like about mediation is that it allows you to express your values and opinions. A litigated divorce, in contrast, follows a more strict formula and what some call a “one size fits all” approach. Mediation is more sensible for two adults who can be in the same room together and hash out the details. You can take into account the budgets you live with everyday and the future needs you and the kids will have. Mediators also know how to look for tax savings and alternative settlement options to increase the chances of financial stability post-divorce.

Couples who have been through a mediated divorce say that it is far better to have the two people who intimately know their finances and assets decide how to dissolve the marriage versus a judge or pair of attorneys. At the end of the mediation process, a final divorce settlement will be created and approved by the courts. Months down the road, you will thank yourself for doing mediation. The money you saved can go towards the kids, a savings or emergency fund, or establishing yourself in a new home.

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

As these attitudes have shifted, marriage has become less of a focus. Out of wedlock babies have increased, though. Being a good parent, to Millennials, does not necessarily mean that marriage is a must. Many couples are choosing to delay marriage, live together, and break away from the social norms of their parents.

Even though marriage is delayed or not a preference, when a couple has a child it can make them refocus their priorities. Some decide to create a cohabitation agreement to help spell out their responsibilities and rights as parents and a couple.

This can help protect each person and set up a framework should something happen to one of the parents. A modern-day – cohabitation agreement includes:
– each person’s parental rights and duties
– financial obligations
– property rights
– health care directives
– estate planning and inheritance wishes
– how long the agreement is good for and/or how it can be revised

For some Millennials, this is a good warm-up to getting married. The agreement helps safeguard each person yet also sets out how each person will be looked after. As a couple establishes more assets, property, and moves up in the work world, it can be a critical document to help them create a prenuptial agreement once it is time to get married.

Sometimes, though, the cohabitation and relationship does not work out, even if there is a child that both parents mutually love and want to care for. In these instances, the cohabitation agreement can provide a path for the main caregiver to receive child support. It will also help to modify each parent’s duties and set up a visitation agreement that both parties can agree to. For couples that can amicably agree on the parenting agreement, litigation is not necessary. A family law attorney can assist in creating a plan that the courts will approve for child custody and the visitation schedule.

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

Checking account and credit card statements can reveal a lot. Look at each line item for odd spending habits. The biggest warning signs can be:
– Places that do not fit your spouse’s personality. If your spouse did not dare eat sushi, for example, but then charges start to rack up, this is a sign.
– Excessive purchases at bars, restaurants, jewelry, flower, and other gift shops
– Charges from hotels
– Higher gas costs than normal
– Extra cell phone charges or other electronic purchases that are excessive note that your spouse could have purchased equipment to communicate with the person they are seeing
– Vacation and luxury purchases when your spouse is supposed to be on a work trip
– Charges from oddly named businesses
– Membership dues to video chat companies and dating websites

It can also be a big sign if you are used to receiving these statements at home and suddenly they are not appearing. Be sure you can still access these financial accounts online to see if they have been re-routed to a post office box or if you have been locked out of your own account. These are tell-tale signs that your spouse is up to no good.

Banks also offer a feature to receive text alerts. For joint accounts that you are suspicious your spouse is using to cheat with, set this up. You will get texted in real time and the spouse will not be able to make up an excuse so fast as to what the charge was for. It is also advised to order a copy of your credit report that you are allowed to get for free one time a year. Go over it carefully to see if there are new accounts, inquiries, large balances, or other items that you have no idea about.

Be sure to keep all paperwork of the wrongdoing so when you confront the spouse or meet with a divorce attorney, you have as much evidence as possible. It is also important to start a savings fund so that you can start a new chapter on your own. If there are co-signed accounts that you are worried about getting depleted or charged, call to get your name removed or close the account.

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

Some divorcing couples might agree on a value for certain assets and courts will allow this for community property. In other instances, they might want to have a fair, current market value to divide the marital assets. When this is done in California, the divorce courts put a valuation date on assets to decide their value on a specific date. This date is usually near the time of the divorce proceedings. For some people, this can send them into panic mode because things such as stocks, retirement funds, and even real estate, and art and jewelry can fluctuate wildly in price. With the help of an experienced divorce attorney, an individual can get legal counsel on the estimated dollar value for the exact valuation date.

With this, the individual can forecast what he or she will want to keep and what their finances will look like in the days and months after a divorce. It is important to note that other states work differently, so you will want to focus on what your jurisdiction mandates versus what friends and family might be telling you from a different part of the United States. Even if there is a long time between when the two of you have separated and the actual divorce, the California divorce courts typically put the valuation date near the proceeding time.

By working with a skilled divorce lawyer, an individual can assess whether it is beneficial to keep the marital home, vacation or other real estate assets, and how much of the assets are part of the marital estate or a separate asset. Also, if a business must be divided due to the divorce, an attorney is critical to valuing this asset. An attorney can also analyze what will be fair for child support, spousal support, and help to create a comprehensive plan for your financial stability in the future.

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

It cannot be said enough that it is important to take an active role in your finances. Knowing where documents such as your tax return, bank statements, and credit card bills are is critical. And if you have gone paperless, knowing the online passwords is also helpful. Without knowledge of the marital assets, income, debts, and expenses, it can put you in a position of vulnerability. Yes, a divorce attorney can have a forensic accountant research the marital finances, but if you were already aware of your finances and the other spouse’s financial status to a large degree, you would be far more empowered.

If you are already on the path to a divorce and starting to feel that the other spouse is starting to act strange in regard to finances, there are some signs that could show assets or income is being hidden. It usually starts with defensive behavior where an individual becomes angered, controlling, or secretive about finances. If there is a sudden drop in income that seems unusual or unplanned, this can be a sign too. Some individuals will work with their employer to hold off bonuses, commissions, or salary adjustments until after the divorce.

Other strange behavior includes financial statements no longer being sent to the home. Especially if the two of you still live together and have not gone to paperless delivery, you will want to call any banks, investment companies and credit card institutions to get the latest account statements. If you find any big discrepancies at any time, let your divorce lawyer know so that a paper trail can be started to show the deficit.

Some individuals also start to overpay creditors and others to have it appear that they have less money. This can mean they overpay IRS, pretend they are paying off loans to family members, and even transfer money to the children. Once the divorce is over, the individual will then get an IRS refund, get the money back from the relatives or pull it out of the child’s account. This is not only deceptive, but immoral too.

Also, when the soon-to-be ex is a business owner, look for ways that he or she might be manipulating those finances. Hiring new employees, paying friends and family for work, and delaying new client agreements can be ways to make the company have less money. After the divorce is over, family could give back the money and those new employees could go away. And a wave of new contracts could come in. Being sneaky like this does not pay off, so alert your divorce attorney should you become aware of such activities.

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

With the expertise of a family law attorney, disputes about spending, the kids, the family business, and even how many guys’ fishing trips and visits by the mother-in-law can be defined. Half of all family law attorneys surveyed nationwide have noted an increase of postnuptial agreements in the last few years.

For couples with issues that are causing a strain, the postnuptial can provide them a way to reset their behaviors and get back on a level playing field. If a budget has never been used in the household, this is a good time to set one and hold each spouse to it. If child raising duties need to be better divided, this is an opportunity to have each parent take their fair share.

The postnuptial agreement process will inform both spouses about each other’s financial status if they are not aware of it previously. For some couples, this is particularly helpful as it highlights what could occur if divorce were to happen. Hefty spousal support, child support, and liquidation of investments and savings could have occurred if the two had not worked hard to save their marriage.

This is exactly the premise behind getting a postnuptial agreement. The reality of what the couple has worked hard to create together could be divided if they split. If they can use the postnup opportunity to reframe their attitude toward each other and how they interact on a daily basis, the marriage can get back to its better days.

And if the postnuptial agreement does not work months or years down the line, the couple will already have some understanding of the family law system. They will have utilized one aspect to save their marriage before they call it quits.

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

Cohabitation agreements, whether for opposite or same sex couples, define all the key financial and living decisions for the couple. It will detail:
– Disclosure of financial status to include all assets and debts
– Division of living expenses and insurance needs
– Property ownership
– Inheritances, trusts, and retirement plans
– Responsibilities for child custody, health care directives, and last wishes
– Duration of the agreement

Family law attorneys highly recommend getting a cohabitation agreement. If an individual were to be incapacitated, the other person would not have a right to make health care decisions. The responsibility and decisions would be made by family members, and this can sometimes lead to conflicts that are expensive and time consuming. And should the person die, the other partner would not be able to get their share of any assets.

Attorneys often work with clients who claim they were supposed to be supported financially from the other partner but after a breakup were nowhere to be found. If the couple had a cohabitation agreement beforehand, there would be no misunderstandings on the financial agreements and duties, and it would be enforceable by the courts.

“Cohabitation is continuing to increase in popularity,” says sociologist Susan Brown, co-director of the National Center for Family & Marriage Research. “Marriage is something that is more optional now and it’s also something increasingly people do later in the life course.”

For many people, they do not want the complications that come with getting married, but still want to love, care, and define their responsibilities. The Pew Study, “Living Together: The Economics of Cohabitation” shows that 58 percent of women lived with an opposite-sex unmarried partner in 2006-2008. As marriage becomes less of a social must, but people are still living together for many years, it calls for the need to have a written understanding of each other’s responsibilities and duties.

In California, Riverside family law attorney Gerald Maggio is skilled in helping an individual create an amicable, enforceable cohabitation agreement with their partner. The Maggio Law Firm is experienced in creating a well-thought out agreement to protect both parties and prepare each person for all anticipated events that could occur.

For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

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

“Being the one to cook the meals, prepare the lunches, help with the homework, buy the birthday presents for your children’s friends, make play dates, drop them off at school, take them to the doctor – without an outlet or someone else to fall back on if you’re tired – is part of building a deeper connection with your children,” said Jonathan Weiler and Anne J. Menkens in a recent article about the benefits gained in a child-parent relationship after divorce. “…A newfound sense of capability might make you less overwhelmed by the challenges of dealing with your kids, thereby freeing you up to enjoy the experience more.”

As a single parent, chances are that you will be more heavily involved than before in your children’s health and education decisions as well as social activities. The custody and parenting agreement will define the mutual decisions you and your ex have for these aspects of your child’s life. As time goes on, the decisions and child support might need to be modified. Getting legal advice to see about these possibilities or making a move to change them is highly advised.

Throughout it all, it is recommended to focus on the best interests of the child. Child advocates say to never make your kids messengers to the other spouse. Do not put a child in the center of dispute you have with the ex. Do not say negative things about your ex in front of the child.

“Kids are impressionable and you can make your child hate your ex-spouse if you want to, but it won’t bring you closer to your child,” said Weiler and Menkens. “If, on the other hand, if you know your ex-spouse is a good parent (even if a bad spouse) and that your child loves him or her, try praising that parent. Building your child’s esteem for her other parent will be one of the best gifts you can give to your child.”

In California, Irvine child custody attorney Gerald Maggio is skilled in helping a parent achieve the best child custody outcome and has resources in the area for parents to work on their parenting skills. The Maggio Law Firm is experienced in maintaining and preserving the crucial parent-child relationship. They are well versed in child support and modifications, divorce, and alternative conflict resolution.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

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

During divorce proceedings, an individual can explain and show how credit card transactions did not benefit him or her. Placing a freeze on credit cards can be beneficial so that a vindictive spouse does not ruin your credit history. In general, the debt accumulated during the marriage will be divided just like the assets – down the middle. If debts can be traced back to one person’s habits or interests, there can be exceptions.

Many people forget to take their name off mutual credit cards, and this can come back to haunt them months and years in the future. Remember that a divorce decree does not actually transfer the debts in one person’s name; individuals must call the creditor to make the name change and any relevant change of contact information. If one person fails to pay the card, but both names remain on the account, the creditors can come after both accountholders. Your credit score can drop dramatically and take a lot of effort to get back up. So it’s wise to remove your name as soon as possible to prevent harm. It’s also good to do this with bank accounts so that you don’t find that an ex cleaned it out.

Getting legal guidance from a qualified divorce attorney can help individuals get a hold of their finances and assets, and properly determine what is a fair child custody and parenting agreement. An attorney will keep your financial matters confidential.

In California, Riverside divorce attorney Gerald Maggio helps clients determine the best course of action to preserve their finances during and after a divorce proceeding. The Maggio Law Firm has helped thousands of clients with their divorce, division of debts and assets, and parenting matters.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

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

Dividing the assets becomes a conversation between the couple, and is given the approval with a divorce attorney’s input versus in a courtroom with a judge deciding each individual’s share. “Divorce will always be a tough, emotional journey, but now people are being more practical and pragmatic about how to bring resolution,” said Karen Stewart, a divorce and relationship expert. “Boomers are looking for alternatives to the standard ‘hire two lawyers to fight it out’; people recognize the need to bring the marriage to an end in a less destructive way.”

When both adults can see the divorce akin to the end to a business relationship, they can remove the spite and stress that often leads people to court. Couples can expedite the divorce process with collaborative law and lessen a lot of the stress. When couples can focus on divorce in a business-like fashion they can remove themselves emotionally. Every divorce lawyer has a story about a client that fought for weeks over some prized possession that had no economic value and delayed divorce proceedings.

“Women tend to be completely paranoid about being left to starve and become bag ladies,” said Stewart. “Men are typically worried about being taken to the cleaners. Our job is to come up with a solution that is going to make both individuals leave feeling comfortable and secure.”

And that’s the essence of collaborative law. When a couple can sit down and divide property, assets, and mutually determine what is best for their children in custody and child support matters, each adult can be better off financially and emotionally.

The Maggio Law Firm has many years of experience in divorce and collaborative law. Irvine divorce attorney Gerald Maggio is known for his legal expertise and helping clients with all the difficult issues that are raised in a divorce. Maggio is active in the Orange County Bar Association, Los Angeles County Bar Association, the Riverside County Bar Association, the Orange County Barristers, and the Irvine Chamber of Commerce.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

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

Psychologists show that the first three years after a divorce are the most critical time to preserve the child-parent relationship. In particular, divorce can be the hardest on children from the tween to adolescent years. Some teens might play it cool and act as if they are above experiencing difficulty from a divorce, but they are just as affected as young kids. It’s especially hard as they might not understand how a marriage that has lasted so long has come to a sudden halt. Whether it was infidelity, finances, or a long unraveling, how a divorce is dealt with during a teen’s pivotal “growing up” years is crucial.

“The children’s needs and feelings are of utmost importance,” says Risa Garon, the executive director of the National Family Resiliency Center. “Remember, the children come first when there is a family transition.”

Teens are already dealing with a lot when a mid-life divorce occurs in the family. They are starting to date, worrying about money and social status, and getting ready for big decisions like college. A parent’s apology and ability to encourage discussion when the teen is ready can go a long way to healing the teen’s feeling of loss during and after a divorce. More than anything, this can help a family relationship and the teen’s own sense of self-worth and identity be stronger, says Garon.

Yet, unfortunately, 27 percent of children have an absentee father according to a recent Pew Research Center analysis of the National Survey of Family Growth. Being abandoned by a parent can have long-term consequences. That said, studies show that psychologists agree that a teen can develop in a healthy way with one parent guiding them to be successful, establish healthy relationships, and openly talking with them on a daily basis.

As Deborah Moscovitch, the author of The Smart Divorce, says, “While parents divorce each other, they don’t divorce their children. Children nonetheless are the ones who live out the divorce because their day-to-day routines, not to mention their emotional lives, are so deeply affected by it…You want your children to perceive themselves with their own goals and aspirations, independent of their status as the children of divorce.”

In California, Orange County divorce attorney Gerald Maggio counsels individuals and families through all the steps of a divorce. His legal experience and compassionate guidance helps a parent keep the child-parent bond during and after the divorce proceedings. The Maggio Law Firm is skilled in child custody and visitation, child support, property division and spousal support.

For more information:

The Maggio Law Firm, Inc.

www.maggiolawfirm.com

Orange County Office

8105 Irvine Center Drive, Suite 600

Irvine, CA 92618

(949) 553-0304

(949) 553-0346 Fax

Riverside Office

3750 University Avenue, Suite 670

Riverside, CA 92501

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

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

A recent survey of Certified Divorce Financial Analysts noted that divorcing couples want to divide liquid assets only. Real estate, investments, retirement plans are not as lucrative as they were before, so cash is king. For divorcees who request child support and spousal support, job security is a big concern to be able to make the payments. Child support will always be the main priority if only certain monies are available.

The marital home is still the most problematic part of the divorce equation. Some couples agree to sell it at a loss to move on, but others have to take it day by day as one spouse stays in the home and pays rent until it can be sold when the market improves. People should be aware though that since the mortgage and deed remains in both names, both people’s credit can be affected if the payment is late or not paid for some time.

Some divorce attorneys are seeing that couples wait to do the final division of assets until a house is sold. This way, the opportunity for more child support or spousal support can be a possibility. Many couples wonder if they can do a divorce on their own, and save a substantial amount of money that way.

Unless one has a full understanding of the legal and financial parts of a divorce, the do-it-yourself kits and websites can create many costly errors in the future. Many parts of a divorce agreement are non-modifiable, or difficult to change unless both parties agree to it later on. Individuals can spend a lot of money trying to fix what they originally thought was a just divorce settlement. Having a qualified divorce attorney represent you is worth the money to avoid a disastrous situation down the road.

And should job loss, change in income, or your home be foreclosed, you will want legal representation to modify the divorce decree. These days the courts are seeing many requests for this, and as long as this is truly the circumstance, a lawyer can help an individual push to make this change.

In California, Riverside divorce attorney Gerald Maggio is skilled in helping an individual achieve their divorce goals. The Maggio Law Firm is experienced in the division of assets and debts, joint custody matters, and child support.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

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

The court will approve a parenting agreement that lets the child equitably have a relationship with each parent, unless there is concern for the child’s safety and wellbeing. But oftentimes long after the agreement is approved and the child has been shuttled between both parents, a conflict arises. How each parent treats the other parent can play a huge role on how the child perceives the split parenting time.

“Somehow, children get the message that going to the other parent’s house after a separation or divorce is optional,” says Esq. Bill Eddy of the High Conflict Institute. “If you give them a choice and imply it will be a negative experience, any healthy child is going to want to avoid it. Since children have so few options in their lives, if you give them an option to avoid something negative, they will avoid it.”

Eddy recommends focusing on how you speak to your child to make the transition from one parent to another. Instead of “You have to go” or “Your dad or the court is forcing you to go”, say “I expect you to go see your dad”. Expect is a much more positive word than the perception of conflict that a child will create if they hear the word force. It’s much like forcing your child to eat broccoli or brush his teeth; kids do not want to be pushed into anything.

“When given a choice, many children who live in two households would rather stay where they are at the moment,” said Eddy. “It doesn’t mean that they don’t want to see their Mom or Dad, it just means that they don’t want to stop what they’re doing, get up, pack up, and go somewhere else. Once they get to the other house, they act just the same way. Don’t take it personally: most of the time children just prefer where they are and what they’re doing. They live in the present.”

Equally as important is how each parent converses with each other. Arguments and fights can cause confusion, resistance, and abnormal behaviors from a child. Kids mimic their parents, often without knowing why, so many family therapists recommend treating your ex as if it is a business partnership. The goal of the “business” should be your child’s wellbeing. Speak to your ex like you would a colleague with neutral, respectful, diplomatic language. Children who can have a regular schedule with each parent and similar rules at each household will greatly benefit mentally and socially from a consistent routine. Everything doesn’t have to be the same at each household, but parents should work to agree on important things like homework, bedtime, activities, and big decisions involving medical and education needs.

In California, Riverside family law attorney Gerald Maggio helps individuals create a parenting agreement that the courts will approve and benefits the child. The Maggio Law Firm is experienced in joint custody matters, child support, and can help modify the parenting agreement should a change be needed years after a divorce.

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

A good approach is to have a divorce team with your divorce attorney and a financial advisor assessing the best route to get the other spouse out of the business. The buy out strategy can include:
• Using a marital asset such as real estate, stocks, retirement funds, or cash
• A property settlement note that allows for a longer buyout of the amount owed with interest
• An Employee Stock Ownership Plan (ESOP) to generate funds by selling ownership interest to employees
• Selling the business and dividing the proceeds

ESOPs can work well if a business is worth more than $5 million. ESOPs are complex but they are tax deductible, so it can become a better scenario for your business. And since employees receive a small interest in the business, they typically become more engaged employees because they want the business to succeed even more.

An ESOP is controlled with a trust fund and a trustee, and the employees are the financial beneficiaries of it. The business makes tax deductible cash contributions to the ESOP and then the trust funds buys ownership interests based upon current values. Each employee gets a small interest annually and can cash in their portion when they leave or retire from the business. Interestingly, ESOP businesses are shown to grow eight to 11 percent faster than normal businesses, according to the National Center for Employee Ownership. Quicker growth equals a bigger increase in value. Thus, ESOPs can be the best route if the business forecasts growth and profits and values its employees as an integral part of the operation.

What’s more common, though, is that the business must be sold outright as a large portion of the assets are tied up in the company. This can be an excruciating process as it will leave one or more spouse without work, and the court must approve the value of the business for sale. The court will analyze the opinion of value from appraisers and accountants.

No matter which route is best, both sides need proper legal representation. Most likely one spouse will have to pay child or spousal support, so adding in the division of a business can create a financial hardship. Both spouses can benefit from mediation or a collaborative divorce to mutually work through the issues with their attorneys and accountants.

The Maggio Law Firm has many years of experience in divorce and the division of assets. Orange County Divorce Attorney Gerald Maggio is known for his legal expertise and giving clients compassionate guidance through the maze of issues that are raised in a divorce. Maggio is active in the Orange County Bar Association, Los Angeles County Bar Association, the Riverside County Bar Association, the Orange County Barristers, and the Irvine Chamber of Commerce.

For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

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