California Move Away Cases Call For Legal Expertise

Posted by: Gerald Maggio

Top Orange County divorce attorneys; The Maggio Law FirmIrvine, Calif. – Divorces can cause individuals to want to take their kids out of state. Some individuals want to move as far away as possible from the ex. Others have job offers that they do not want to turn down in this economy. And some want to move back to their home state to reconnect with their network of long-term friends and family members.

A parent must get the approval of the court that decided the custody matters before they can take the child to another state. Otherwise, if a parent has not received permission, they can be in contempt of court. Courts want to uphold what is best for the child, and visitation rights can become extremely complicated when one parent is out of state.

It is critical to get legal counsel so you know what your options are if your ex is moving out of state and wants to take the kids. “Move away cases are very complex and courts want to ensure that the move is not for vindictive or bad faith reasons that could negatively affect the child,” said Irvine divorce attorney Gerald Maggio.

California case law will see a move as a possible big detriment to the child, and potentially alter who the courts pick to have child custody. The courts want evidence and oftentimes a child custody evaluation to determine the necessity of moving the kids. Getting legal expertise early on can help prevent a worse outcome in a move-away proceeding.

The Maggio Law Firm is known for their expert legal representation in contentious child custody cases. Orange County divorce lawyer Gerald Maggio has many years of experience protecting children and his client’s rights. He is constantly aware of the changing California divorce laws and will skillfully create a strategy that is in your best interests.

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

Legal Representation Will Best Prepare a Client for Divorce Court

Posted by: Gerald Maggio

Top Orange County Divorce Lawyer; The Maggio Law FirmRiverside, Calif. – California divorces seem to be creating quite a commotion this summer. From the news, it feels like divorces can be “all good” or “all bad” situations, relationship experts warn. But this is far from the truth, and couples need to have realistic expectations before they ever go to the family law courts.

One of the biggest myths is that a judge will decide an individual’s character during the divorce proceedings. Family law judges start the proceedings with the mindset that both parties have caused the divorce, unless there are abuse or criminal charges. A judge does not assess fault – his or her role is to solve the couple’s differences through hearings with evidence that will equitably divide what the couple once shared.

“Some people get caught up in the emotional upheaval of the divorce and want to argue over everything,” said Riverside divorce attorney Gerald Maggio. “They will end up costing themselves more money and wasted time. Divorcees should focus on the here and now, not seeking retribution for the past.”

A big factor that divorcees need to be mindful of is supplying the court with verifiable, purposeful information. Even if a document is embarrassing but is needed to show relevant asset, debt, or child custody matters is critical to provide. This information will help the judge make decisions that can have long-term consequences. If an individual alleges information but cannot back it up with verifiable documentation, the person risks having sanctions or loss of certain parenting privileges or financial rights.

“The key is to limit your anger and emotions from taking over what is important to focus on,” said Maggio. “Think of the better chapter of your life that will begin once the divorce is over – focus on your kids and what you can be grateful for to get you through this tough time.”

The Maggio Law Firm has the expertise to guide clients through all the divorce issues and prepare them for successful divorce hearings. They have many local resources for clients to connect with to help them through this difficult time, including counseling, financial advice, and child-parent counseling.  Mr. Maggio’s professional and effective legal counsel ensures that a client’s rights and best interests are protected.

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

Division of Debt is an Important Factor During a Divorce

Posted by: Gerald Maggio

Top Orange County divorce lawyers; The Maggio Law Firm

The division of debt during divorce proceedings can be very complex. Divorce lawyers hear about incidents where one spouse decided to go on a shopping spree on a mutual credit card when the couple called it quits. The best thing a person can do when a divorce is imminent is to be vigilant in checking the status of credit cards and finances. Don’t let emotions take over you, only to find out months later that thousands more is owed to a creditor.

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, 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.

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

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