Role Model Dads Facing Divorce Have Every Right to Parenting Time Comments Attorney

Posted by: Gerald Maggio

Top Orange County divorce attorneys; The Maggio Law FirmIrvine, Calif. – The recent child custody battle between NBA Star Dwayne Wade and his ex-wife shows fathers who are doing the right thing – standing up for their kids and their rights as a father – can end up with a positive outcome.

Dwayne Wade was granted with sole custody of his three-year-old and eight-year-old son. Most states recognize the value a father has in his child’s life and there are many resources to assist dads who are dealing with a difficult divorce.

Good legal counsel is recommended to protect a father’s rights in a child custody case. If a father and the soon-to-be ex-wife can create a custody agreement through mediation, the divorce proceedings will go much smoother. But if there is no ability to agree, an experienced child custody attorney is crucial.

When sole custody is granted, a dad will have the child most of the time and the mother will have a set number of visits. If joint custody is granted, the child will get equal time with each parent. Parenting agreements will go over the schedules to give each child ample time to be with their dad and mom.

Dads will want to show the strong bond the child has with them, and any evidence of the big role they play in a child’s development is helpful to the court. According to the National Fatherhood Initiative, 24 million children live without their biological father and are more apt to “engage in risky behaviors, suffer from emotional and behavioral issues, drop out of school, and live in poverty.”

The role a father has in their child’s life is immense. As the National Fatherhood Initiative’s president Roland Warren says, “If you take the time to love, laugh, look, listen, and leave a legacy, you will connect with your kids and be the dad they need and want you to be.”

An experienced attorney will help a dad ensure the parenting agreement is realistic and keeps the child needs as priority number one. “It is so important to maintain the child-parent relationship to keep building a strong bond in the future,” said Irvine child custody attorney Gerald Maggio.

The Maggio Law Firm champions a dad’s rights with compassion, experience, and tenacity. Their lead attorney Gerald Maggio will go after the best possible custody arrangement for your situation.  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

Prenups Are Important With the Spring Wedding Season Ahead Announces Attorney

Posted by: Gerald Maggio

Top Orange County divorce lawyers; The Maggio Law FirmRiverside, Calif. – With the biggest wedding months of the year coming up, it is wise to get finances and important decisions spelled out in a prenuptial agreement.

Some couples cringe at the word prenup, but an individual really needs to have the division of assets and debts defined should death or divorce ever happen. The prenup, also known as the premarital agreement, will describe how particular assets such as a home, business, or property will be owned. With couples who are getting married for the second time or more, or getting married at an older age, separate investments or business assets might want to be safeguarded from the new spouse.

“The prenuptial is a really honest conversation about how finances, assets and a spouse’s well-being will be accommodated during and after the marriage,” said Riverside County prenuptial agreement attorney Gerald Maggio. “The agreement is like an insurance policy and is in place to protect both spouses.”

Each party gets seven days to review the prenuptial agreement before signing it and is recommended to have their own attorney represent them. Also, if one individual does not speak English as a primary language, the prenup should be translated to ensure it is understood and agreed to. The American Academy of Matrimonial Lawyers reported 73 percent of divorce lawyers had an increase in demand for prenuptial agreements during the last five years. The rise can be attributed to kids growing up in divorced households and the engaged couple wanting to make sure everything is in writing.

Every 10 years, married couples should review the prenuptial to see that it is still relevant. Sometimes post-nuptial agreements long after the marriage occurred can be helpful if one individual starts a company or makes investments that should be separated from the marital property. The same is true if a large inheritance is about to happen. Sometimes couples who have grown apart will use the postnup to reconcile with specific conditions or they will agree to postpone a divorce until the kids go to college or another big event occurs.

“We help show engaged couples all their rights and responsibilities for the marriage,” Maggio said. “So many people find it to be a beneficial experience and document that is there only if they need it.”

The Maggio Law Firm listens to their client’s needs and will go after their best interests. They will help the engaged couple toward their exciting future together with the best preparation and planning.  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

Temporary Orders Should Be Top Priority in a Looming Divorce

Posted by: Gerald Maggio

Top Orange County divorce attorneys; The Maggio Law FirmRiverside, Calif. – So many couples in California that get divorced oftentimes forget the importance of a temporary order. The typical scenario involves one spouse rushing to get a new living arrangement, throwing all their credit cards and important belongings into some boxes, and getting frustrated about subsequent phone calls about the kids and assets. When a divorce is imminent, it is recommended for an individual to have legal representation and establish a temporary order or agreement to define the immediate priorities as the split happens.

“If one spouse were to move out of the house and has more income and the other spouse is left to take care of the kids and major bills, what would you do?” asked Irvine divorce lawyer Gerald Maggio. “A temporary order will set decisions on the major priorities that have to be discussed before something bad could occur.”

Every temporary order can detail what is important to each spouse. Immediate needs might include orders that:

– prevent charging credit against a spouse or big expenses without written notice

– prevent the sale, transfer, exchange, or borrowing of money against property

– prevent changes in insurance, including modifying the beneficiary, failure to pay the premium, cashing out or borrowing, exchanging, or cancelling it

– define the custody and visitation schedule as well as child or spousal support

– define that the other spouse cannot take children out of a certain local or regional area without consent from the other parent

– outline who gets vital property, such as a car or house

– implement restraining orders when needed

These orders are a bare minimum that will be added to or refined pending the final outcome of the divorce proceedings. The temporary agreement will be submitted to the court after all appropriate signatures are done and give each spouse a clear understanding and set a precedent for the actual divorce.

“A good divorce attorney will help a client weigh the risks, benefits and costs of the temporary order,” Maggio said. “You won’t get everything as you want it – no one ever does in a divorce – but we will fight to uphold your rights.”

Individuals seeking a divorce have sought the Maggio Law Firm’s experienced attorneys to help with temporary orders, divorce summons, and all the steps involved with a dissolution of marriage. The firm’s knowledge and empathy guides clients confidently through the legal maze of divorce issues.

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

Divorcees Should Focus on the Kids and Not on Their Hatred to Each Other

Posted by: Gerald Maggio

Top Orange County divorce lawyers; The Maggio Law Firm

Divorces typically are all about the two adults who can no longer get along and who deserves what assets, property, and privileges. Even though each spouse might equally love the children, oftentimes divorce can bring out the worst behaviors in a parent. Before, during, and after the divorce proceedings it is critical to focus on a healthy and nurturing environment for the kids; otherwise, the negativity can have big consequences on their livelihood.

“Children tend not to tell you when they are angry, resentful, confused, hurt or depressed,” said author Rosaling Sedacca in her book How Do I Tell the Kids…about the Divorce? “Instead kids reflect their problems through their behavior – acting out or perhaps turning inward in ways that you have not experienced prior to the divorce. Take time to see the world through your children’s eyes and you will be better able to meet their needs, understand their confusion or aggression and find appropriate ways to dissolve tension through your conversation and caring behaviors.”

Parental behavior that involves negatively talking about one parent, missing or cutting into the other’s parenting time, or concealing the truth can wreak havoc on a child’s emotional wellbeing and alter their perceptions of how they should act. Children who watch parents say cruel things, lie, and seek revenge can end up being rude, hostile, dishonest, and hold grudges or worse.

Many child psychologists promote that parents must set aside whatever ill will they have towards their ex to effectively be a good parent. Yes, this will involve a daily focus to accept the child custody and shared parenting time. Halting the negative words and interacting proactively with your ex will show that people can be their own individuals and be courteous yet have their boundaries.

Divorce law and child custody agreements are all about the best interests of the children, so the earlier an individual focuses on this fact and has a good child custody attorney by their side will bring about faster and fair results. From visitation and shared parenting rights, to adequate child support and enforcement, a skilled child custody attorney will address all the factors needed for the children.

A schedule must be created so that each child will get to enjoy a normal schedule with each parent as well as specific holidays, vacations, birthdays, and special cultural and religious days. Patience, tolerance and communication are critical to make the schedule work and ensure that the kids are benefitting from it. The agreement will also detail decisions regarding medical, education, religious, and any other special considerations for the children.

In California, Irvine child custody attorney Gerald Maggio helps individuals define a reasonable parenting agreement that will help the child and parents create a healthy, supportive environment. The Maggio Law Firm is experienced in child custody, child support and all divorce matters and strives for the best outcome to maintain and preserve the parent-child relationship.

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

Create a Good End to Marriage with Mediation

Posted by: Gerald Maggio

Top Orange County divorce attorneys; The Maggio Law FirmIrvine, Calif. – Divorce mediation is becoming a realistic, healthier alternative to normal drawn-out divorce battles for many couples. In law offices and the media, mediation is picking up in popularity not only because it is more affordable, but because it is an efficient, less contentious way to split. The need for a mediation divorce lawyer is still critical, and many are trained in mediation and can help ensure every step of the divorce is covered. Mediation typically takes between six to 10 sessions and is cheaper than month to yearlong courtroom battles.

“Your interests – regarding finances, assets, and the children – are still addressed and sought after,” said Irvine mediation divorce lawyer Gerald Maggio, of the Maggio Law Firm. “You will have a lot less stress and get resolution quicker so you can move on with your life.”

A mediator will keep the divorce conversation and negotiations moving forward and oversee that the separation of assets, finances, and parenting time is fair. When the spouses reach a roadblock, the mediator will push to get the conversation back on track. With the two individual’s input, the mediator will set ground rules and goals to achieve. Mediators will still need all relevant financial, asset, and any other documentation relevant to the marriage and divorce.

“Individuals find they are happier with the outcome of mediation versus having a court decide the fate of their finances and kids’ livelihood,” Maggio said. “Disputed divorces can wreak havoc on children and an individual’s wellbeing.”

Mediators are skilled at working with differing levels of personalities, so if a spouse tends to be domineering or pushy, the mediator will give each person time to speak and work through their needs. If there are concerns about violence or abuse, a mediator can arrange separate meeting times. The key is that mediator wants an individual’s input on what they are seeking in the divorce, but will balance it against the other individual’s needs.

A final agreement will detail every facet of the divorce and future agreements and must be legally approved. This agreement will then be used as the basis for the uncontested divorce. And unlike many courtroom battles, this way of getting divorced can have a better, lasting effect.

“Mediation is about creating a good ending to the marriage,” Maggio said. “Mediation is always worth a try.”

The Maggio Law Firm has many years of experience in divorce mediation. Attorney Gerald Maggio is known for protecting client’s rights and best interests, as well as being an empathetic ally during these tough times.

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

Tackle Financial Concerns with the Counsel of a Divorce Lawyer

Posted by: Gerald Maggio

Top Orange County Divorce Lawyer; The Maggio Law Firm

Divorce is an intense emotional and financial process that is best guided by an experienced divorce lawyer. A key part involves calculating what an individual’s living expenses are, how children can affect this amount, and advice on how to transition to the new single lifestyle. Questions such as whether you can keep the children in private school, what you are able to afford for a house payment and what assets are needed for the long term can be complex without an experienced attorney to give you the knowledge and confidence for the next steps ahead.

A good divorce lawyer will help a client examine and evaluate the marriage settlement agreement (MSA) and make sure they understand the transfer of monies, assets and property. Sometimes even asset and income tracing are needed to ensure that a spouse is not hiding crucial assets from the other spouse. An experienced attorney will oftentimes have contacts with certified public accountants and financial counselors that can help individuals with managing their cash flow, financial crises and goals they want to accomplish. These key individuals will make up a solid team of experts to help a client through the divorce and get on more solid financial footing for the future. Their financial background will help calculate each spouse’s net worth and establish figures that the courts will agree with.

“Ask your lawyer to help you identify which decisions absolutely need to be made now, and which can wait until your emotions are under control,” said Stacy Francis of the Institute for Divorce Financial Analysts. “Big decisions made in an emotionally unstable state of mind usually turn out to be expensive and non-sustainable ones.”

From budgets, assistance with retirement planning, taxes, and estate matters, a skilled divorce attorney can point their client in the right direction to ensure the MSA and any child support or spousal support will be adequate for the long term. Their team of experts will go over the consequences of keeping one asset over another. Typically, one of the biggest challenges is to determine if it is better to keep the marital home or negotiate for the pension or retirement plan.

“A house requires income to pay for repairs, maintenance, improvements, property taxes, and assessments; a pension, however, produces income without costing income,” said Garrick G. Zielinski, president of Divorce Financial Solutions. “You cannot sell a windowpane to put food on your table during your retirement years. It’s not how many assets you have – it’s what you can do with the value of those assets that matters most.”

In Orange County, Irvine divorce attorney Gerald Maggio helps clients focus on the important financial and parenting matters during their divorce proceedings. The Maggio Law Firm is known for their personalized attention and assisting clients with all the documents, details, and financial questions. They are a valuable advocate that upholds their client’s rights as they push toward a fair and expeditious divorce settlement.

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

No Legal Advice Intended: This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems. Full disclaimer.