Family Law Attorney Details the Mediation Process For a Divorce

Posted by: Gerald Maggio

Top Orange County divorce lawyers; The Maggio Law Firm

During the hectic and most times tumultuous process of divorce, it is advisable that most couples should attempt to go to a mediator to at least see if everyone can come to terms with an agreement on their own without having to have the court settle things for them.

Not only are divorcing people seeking mediation, but also business partnerships and small claims, too, in order for all parties to try to come to an agreement on their terms in an attempt to resolve their issues before having to go further in the court system, spending more time and money.

But during divorce mediation sessions, the mediator, along with the spouses, sit down and discuss issues and prioritize them so that the spouses can come to a decision together. The goal is to have everyone come to terms with a mutual resolution, and if children are involved, what would be best for them by working out the fine details about visitation, custody, etc. This process can be hopefully achieved within two or three mediation sessions, with tentative agreements set forth so that both parties can collect documents and information, etc.

“Remember, the outcomes are not going to be picture-perfect, so do not feel slighted if your expectations are not met the first go around. As with all things in life, there is the usual give and take. To remember what is best for the children is what couples with children need to consider first and foremost,” said Gerald A. Maggio from The Maggio Law Firm, a family law practice based in Irvine, CA. “It is also wise to seek a good family law attorney to advise you through the process.”

Sometimes mediation is not going to work, such as in some cases where domestic violence is involved or when the other party is not willing because of inflexibility and obstinacy (which usually will not look noble in the eyes of the court). However, knowing that this service is there to help ease the process – not to purposely make it more difficult than it already is for people who are going through the painful process of divorce – is a good perspective have when going through mediation.

For more information or to schedule a consultation with Orange County divorce lawyer Gerald Maggio, contact The Maggio Law Firm by calling (949) 553-0304 or visiting

Child Custody is Decided Through Several Methods

Posted by: Gerald Maggio

Top Orange County divorce attorneys; The Maggio Law Firm

Before understanding how child custody is decided, it is important to know the types of child custody there are.

Types of custody include the following:

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

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

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

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

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

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

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit or call (949) 553-0304.

People Face Five Major Psychological Stages During a Divorce

Posted by: Gerald Maggio

Top Orange County divorce attorneys; The Maggio Law Firm

Going through a divorce and ending an intimate relationship is quite possibly one of the hardest things to endure. Not only that, but feeling the loss and separation along with the entire lifestyle change and financial struggles are added stressors that make it all so difficult at times. Not to mention, if you have children involved, the trauma they go through due to the separation and upheaval makes it hard to sometimes be there for children’s emotional needs when the custodial parent feels overwhelmed and overloaded. The family experiences a void when the absent parent is not around anymore for the routine family events and sometimes it feels like experiencing and accepting a death that some would even parallel to divorce. Recovery time from this emotional state varies from person to person. The psychological stages that one undergoes do not come in a neat, sequential succession, but more randomly and at one’s own pace. The five major psychological stages are:

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

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

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California.  For more information or to schedule a consultation, contact The Maggio Law Firm by calling (949) 553-0304 or visiting

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