Top 5 Things To Avoid Doing When Planning To Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmAnyone who has had a divorce will tell you that it is a tough process. The couples are often tensed and they often make unwise decisions due to emotions running high. After all, it is a stage when the spouses need to sort out emotional, practical and financial details. So, it is hardly surprising that there are many such couples who end up making big mistakes while getting divorced. Here are some of those tips on what you should avoid doing while filing for your divorce.

Do not get pregnant

If you become pregnant while your divorce proceeding is going on, things can be pretty complicated for you. In fact, and your pregnancy can even become a barrier in the way of your right to get divorced.

Do not say ‘No” to meet a therapist

Getting in touch with a therapist may help you to overcome your wide range of emotions that is normal for any spouse to feel while dealing with the trauma of divorce. In fact, it is not a bad idea at all to get professional assistance before you are extremely angry or depressed. You can not only share your inner feelings with an expert therapist but they are professionals who can help you to relax, guide you how to interact with your children in the changing scenario and ways of retaining your composure in the court. The most important help a therapist can offer you is to learn ways of becoming a self-dependent person!

Do not overlook the task of changing your existing will

Your will is not automatically revoked because you are getting a divorce. You must update the will in case you want to stop your soon to be former spouse from getting the privileges mentioned in your existing will. After all, a will can be redone at any time. However, in case you pass away before getting the divorce and you have not left anything for your spouse, he or she can file a lawsuit to recover a portion of your property.

Do not take out your frustration on the children

Your kids need a supportive and tension free environment to cope up with you and your spouse’s divorce. Try to talk as less as possible about the process in front of them. This way, you can give more time to your kids. Your energy needs to be refocused so that you can visit their school events, take them out to the zoo or got movies and help them out with their homework.

Try to avoid settling early

You may desire that your marriage should end as soon as possible. But that does not mean you will let go of your financial security. Create copies of the crucial financial documents, mutual fund statements, credit card statements, and brokerage and tax forms.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Ways to Protect Yourself From An Unreasonable Former Spouse

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmYou have signed the paperwork and have been through with the process of divorce, it is now final. Moreover, it is a fresh beginning for you and time you move ahead once again.  However, that may not be the case always for all. There are many such instances when a former spouse has been able to take this transition with a punch of salt and may behave irrationally or harshly. In such cases, the conflict between the two may continue even after the finalization of their divorce and unreasonable behavior may prevail. When your former spouse is unreasonable, they may make your children and you quite miserable. If there is a conflict between your former partner and you, they can use issues like child support and child visitations tools. While it may not be possible to control such an errant partner’s behavior, you can still how you should respond to such behavior. It is better to take a proactive stand while interacting with your unreasonable spouse than giving in and giving up.

Try not to engage into conflict with your ex

The conflict may become more severe if you continue to engage in it. When your ex-makes unreasonable demand sand you respond defensively, you are actually rising to the bait and the conflict may further escalate. In case your spouse sends you harsh emails with threats of separating your kids from you or writes something that makes you feel concerned, do not give any reply. When you do not respond, your ex will be stopped in his/her tracks.

Do not feel concerned or bother yourself with what is being said

Certain words can be quite hurtful. Your hostile former spouse might bad mouth you and spread nasty things about your behaviors and character. You may naturally feel inclined to retaliate to such lies about you. However, just responding to their words would not put an end to those lies. When you lash out the world may feel you are being unreasonable too.

Do not surrender just because you are scared

Your ex-spouse is the person who perhaps knows you the most. Such knowledge may give them the necessary weapon to torture you. Your fears and weaknesses are known to them and they can push these buttons to demand what they desire. Controlling you could be a powerful tool in their hands. A hostile ex may manipulate situations to their advantage by making you anxious and controlling you. So, do not let them use your weaknesses and fears to their advantage and try to rise above your fears and apprehensions.

Getting an Orange County divorce in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

What To Do When You Lose Your Child Custody Case

Posted by: Gerald A. Maggio, Esq.

orange county child custody attorneys; The Maggio Law FirmWhen you lose your child’s custody, it can be a terrible experience for you as a parent. It will be quite tough to come to terms with the fact that your court thinks that your kids will be better off with the other parent. When such a thing happens to you, there are certain steps that you may take so that there could be a reversal of the decision and you can win back your children’s custody. You can try out some of the tips mentioned below.

Do some serious self-retrospection on what went wrong

Take an unbiased approach on what prompted the judge to arrive at such a decision of awarding the custody of your kids to somebody else. Were you incorrectly alleged of neglecting your kids or child abuse? Or did you violate any court order? When you have a fair idea of why such a decision was taken, you can take proper steps for correcting the situation.

Take legal help

If you are serious about winning back your child’s custody, you may have to work with a reputable divorce lawyer who is experienced in handling as well as running similar cases in the past, start asking your relatives and friends for some good referrals to seek an Orange County divorce lawyer dealing in child custody cases.

Request for an evaluation

After you have hired a lawyer and have started completing the steps required by the court, you can request your judge to conduct an in-home evaluation for child custody. Such a step will give an updated assessment of your home to the concerned court that could also help in winning back the custody

Abide by court’s orders and instructions

You should not ignore anything that the court asks you to do. Do not miss any court hearing and avoid rescheduling appointments with the guardian of the child or a mediator ordered by your court.

Try to be compliant and patient

When you wait for the re-evaluation of the agreement related to your child custody, you should ensure that you are exercising your parenting and visitation rights properly. Try to stay away for all those things that could aggravate the situation further. You should put on your best efforts to be courteous and civil while picking up your children for the visits.

Contemplate on the possibility of some other custody arrangement

You can also think about considering other options of custody. Initially, you might have wanted sole custody but after losing custody, you may agree to the idea of shared custody.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the Orange County divorce process.  

How to Move Forward With Your Decision to Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmYou may be in a state a shock and stuck with going ahead with your divorce for several reasons. Fear is one of the prime reasons that may make you feel uncertain and hesitant about your big decision. After all, divorce is a big change in one’s life where no one likes to be in. It will make you come out of your comfort zone that you had been used to and were familiar with. No matter what kind of emotions you are going through, it is crucial to know that what you are going through is not unusual. But such dilemma and emotions are temporary in nature.  As you take your initial steps in this journey, you will be able to have a control over these feelings and the healing process will gradually start.

Below are some of the ways to move forward with your decision to get divorced.

List down all those negative emotions that are making you indecisive and confused

You should try identifying and making a list of your top three fears that are holding you back to proceed with the divorce. There is no harm in feeling the fear but list down the steps you should take so that they do not become a reality. Finding out solutions is the only method to combat fear.

List down all the reasons that will point out why divorce is the best possible step for you

Each human being is unique with his/her own skills, talents and strengths. As you move towards the decision of taking a divorce from your partner remember that you have every right to do something that is in your best interests. You will feel more motivated and strong when you concentrate on your strengths rather than focusing on your fears. It is important to have faith in yourself and be prepared to cope with whatever awaits you while your divorce proceedings continue. Try to overcome your fears by embracing your potential.

Have a proper support system around you so that you can move forward with confidence

Your close friends and supportive family members are going to be a great resource of strength while the Orange County divorce proceedings are continuing. So, surround yourself with people who you think will stick to you in your difficult times since you could be feeling vulnerable and somewhat lost. You need love and affection, which your support system can give you in abundance. When you start leaning on your dear ones during such trying times, your transition period will be much easier and you can attain your goals with great ease. So, after you have your network of support system in place, have found out your biggest fears and learned how to fight them, it is time to get ready to end your marriage.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

How Can The Legal Impacts Of Divorce Affect Families?

Posted by: Gerald A. Maggio, Esq.

orange county divorce attorney; The Maggio Law FirmThe final call to end your marriage can be a tough one. The transition is even more painful when kids are involved in the marriage. A good parent will always ensure that there is a solid decision-making process involved for the welfare of the children. Plus, it is crucial to understand the kind of repercussion a divorce can cause on your family prior to moving forward. Reputable Orange County divorce attorneys at our firm will be more than pleased to help you out so that the impact of divorce on your family is minimized.

You will definitely agree that knowledge can be true power. When you know the possible tough spots, you can be well-equipped to face them bravely. Thus, complete awareness is an important need while it is a question of making sound decisions. Knowledge also enables you to prepare adequately when you have made up your mind to go ahead with a divorce. Divorce can usually have an impact on family life in two critical legal areas. The court will pass an order, which clarifies matters related to child support and child custody as a part of your divorce. However, changes in scenarios, which may need to rethink these matters, can be handled at a later point in time for future modifications.

  1. Child custody

Ascertaining matters related to child custody is a vital component of any divorce. It is possible that both the spouses may work out in an amicable manner through one of the Orange County divorce mediators. Alternatively, the matter may be contested by one of the parties and eventually handled by the court. Custody can exist in two forms, which are legal and physical. When a parent is awarded the legal custody of his or her kid, they have the right to decide on various issues like the general welfare, schooling, and health of the said child. On the other hand, physical custody refers to the living condition of the child. The issue of visitation is dealt as a subject of the agreement on the child’s physical custody. The court can award sole or joint custody to the parents.

  1. Child support

Once a divorce is through, there is also the issue of child support that needs to be sorted out by both the parties. For instance, certain court systems lay down guidelines to ascertain the amount of money a parent should pay to the receiving parent for child support. Such guidelines also specify which party should be responsible for paying child support and who is entitled to get this kind of a familial support according to the court’s orders. There could be a change in the amount of money required or owed for child support over a period of time. Such changes can lead to a requirement for a revision of the initial agreement.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Why Do You Need To Have An Agreement For Legal Separation?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmMany legal experts feel that when a couple decides to separate, they should have a proper agreement on legal separation. After an agreement is signed by a judge, the couple will get a temporary order from the concerned courts it is an order that mentions the responsibilities of both the parties while they live separately and prior to the finalization of their divorce. However, if the legally separated couple does not want to proceed with the divorce, either party can as, their divorce lawyer to keep the divorce on hold.  But even while being legally separated, the spouses can enjoy similar legal protections, courtesy to that temporary court order in states that allow legal separation. Here are some of the reasons why it really makes sense to have an agreement while being legally separated.

For setting up a schedule for child visitation

When you have kids from your marriage, it is imperative to fix a schedule for the visitation of the other parent though you live separately. An agreement for legal separation can define such a schedule and also outline who will have access to the kids when they are in the custody of your spouse, where the kids will reside if they are not given to you Andorra they can travel or not even though you will not give consent to do so. Thus, such an agreement can help you to protect your parental rights.

When you need child support

In case there are children, you can only demand the child support with the help of a court order. When the state where you reside permits legal separation, the calculation for the child support can be done as per the child support guidelines of that state and becomes a part and parcel of the legal separation agreement between you and the other parent.

When there is big conflict between you and your spouse

When your spouse and you are having high conflicts and it is not possible for both of you to have a healthy dialogue with one another, such an agreement will highlight what should be expected from both of you while you are legally separated. When such clauses are mentioned in your legal separation agreement, further conflicts can be avoided and communication between the two of you will be better.

Low trust factor

When you are not sure to trust your spouse’s verbal commitments, a legal separation agreement can come to your rescue. Such agreements can be witnessed and signed by an unbiased third party or even a judge and can be produced in a court if your spouse violates any clause therein.

Getting divorced in California can be complicated! Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Best Tips to Manage Anxiety and Depression During Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmWhen your spouse left you, you may feel completely shattered in the beginning. In fact, such emotions may come as a big surprise to you since it was you who had asked him to end the marriage. Anxiety, sadness, and depression are typical mental states that you may go through during your divorce. To make matters even worse, you may even suffer from bouts of insomnia and wake up in the middle of the night and take restless walks continuously while your sleep evades you completely. Your mental state may vary from mild melancholy to crying.

You need not feel disillusioned since these emotions are not permanent and you start recovering when your brain starts catching up with the new lifestyle. But that does not mean you should take your mental state lightly either. The best way to deal with your sadness at this stage is to explore them with the tools you come across often outside your divorce coaching. While you can reduce your pain, erasing it completely can be quite a difficult proposition.

The anxiety and depression you are going through is temporary in all likelihood

You may get inspired to know that these emotions will not stay with you forever.  So it is better to work toward handling them as early as possible instead of being complacent. The first tip to get you going at this critical stage of your life is to move on with life despite your current mental state.

You need to take small and yet meaningful steps while navigating your anxiety and depression during the divorce

When you are incapable of getting up and start moving, it is possible that you are not in a position to indulge in self-motivation. If that is the case, you should start your recovery process by taking baby steps. But in case you have tried to practice techniques on your behavior modification but still feel that your mental state is not showing any kind of improvement, i.e. you still believe you are anxious or seriously depressed, it is perhaps time to consult a medical professional or a doctor to seek guidance and get them prescribe the right medication for you as soon as possible.

Two of the usual by-products of any divorce are anxiety and depression. Such emotions are for good reason as everything that was familiar is no longer the same. It is time now to identify your shifting moods and try to address them to come out of your mental state. You can start doing so by following the tip “keep moving” in your life so that your depression demons can be kept at bay.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

What To Know About Taxes In A Divorce Or Separation

Posted by: Gerald A. Maggio, Esq.

Orange county divorce lawyer; The Maggio Law FirmDivorce is not an easy time for most couples and their families. However, a question whose answer is easy to respond to is the tax implications of a legal separation or a divorce. It has been observed quite often that there are several people who end up paying an exorbitant amount as tax after their divorce. It happens as they are not familiar with the implications in the beginning. After all, a family goes through a crucial transition and hardly enjoys paying a big sum in taxes due to a breakdown in the relationship. Thus, it makes sense for the affected couples to spend some time to think carefully about tax. It will really be an excellent investment for them.

What is the most crucial thing one needs to be familiar with tax on separation or divorce?

As long as a couple lives together and are married, they can transfer assets to each other without altering the CGT or capital gains tax.

However, there are many people who do not realize:

The tax benefit associated with a marriage ceases to exist when the tax year ends just after a permanent legal separation and even before a divorce is effective. Hence, when a couple separates say on January 1st but decides that they want to split after 6 months, they can no longer enjoy the benefit of transferring assets with one another free of tax.

What is the remedial action(s)?

From the tax perspective, it is better to legally separate by the first week of April. Such a decision will give a period of an entire year to the said couple for planning issues related to asset transfer between one another.

Though it may not be a practical action to take for many couples, they may invest some time thinking about it. The harsh reality is by the time most people start thinking about issues related to tax planning when they are getting divorced; they may not enjoy the exemption on Capital Gains Tax.

Family Home

It will be eligible for being exempted from capital gains tax while transferring. However, it has to be the primary residence of the couple throughout the ownership period. The couple can enjoy a relief from capital gains tax when such houses are sold, which have been their main home. Sometimes, there may be some relief even if the said family house is not the main residence during the time a couple was married. In such scenarios, there could be an extension of relief period.

Certain businesses may be granted exemption from CGT:

  1. Some shares in trading companies that are unquoted
  2. Interests in trading partnership
  3. Sole proprietorship

However, the tax implications of a divorce or a legal separation may vary from state to state. Consult a good Orange County divorce attorney to get help and expert guidance when you are about to separate or divorce from your spouse.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Tips for Moving On From the Gray Divorce of Your Parents

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmIt is a fact that the number of “gray divorces” has grown at an alarming rate, especially in the last twenty years. And yet, there are very few guidelines on how the adult children from these divorced families should cope up with their changing family structures and mental states. There are many such adult children who face loyalty conflicts since they are often compelled to take sides. And although these children may not have to take sides, they can be stressful while making an attempt to maintain proper boundaries, particularly when their parents are constantly at loggerheads with each other.

Check out the following tips if you are one of these adult children who want to move on from your parents’ gray divorce:

Control your urge to act as a friend, parent or mediator for your divorced parents

It is natural to feel sympathy when either your parents or both of them request you to resolve their conflicts or are expecting you to act as their mediator or counselor. But you need to be out of such parental disputes and let them know about your decision in clear terms.

 Create and sustain healthy boundaries

When both or either of your divorced parents are too much dependent and constantly want your support or are revealing excessive personal information to you, they should be told about your exact feelings. Likewise, if one parent is criticizing the other parent in front of you, it is time that you tell them not to do it.

Share activities with them that are enjoyable to all of you

You should not let the divorce of your patents determine your relationship with them. Make it a point to enjoy activities together and tell them that you do not want to discuss the matter of their divorce with them.

Your emotions should be expressed to your parents calmly and honestly

Adult children in general and daughters, in particular, may go through a lot of emotional upheavals when they get to know about the impending split of their parents. You should let your parents know what you feel about the entire situation rather than suffering silently.

Be cordial to both your extended families

In case you are serious about keeping an amicable relationship with the families of both your parents, then let your parents know this goal of yours. It is normal for adult children from gray divorces to feel an urge to develop strong bonds with their parents’ extended family members as it offers them the feeling of a closeness and belonging.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

What Are The Grounds To Annul A Marriage In California?

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce attorneys; The Maggio Law FirmThere are widespread misperceptions about a marriage annulment in the state of California. The reason for this is many popular cultural beliefs and religion has managed to throw inaccurate and differing views on annulments, especially with respect to the family law. There is a similarity between a divorce and an annulment in a way since both of them determine a couple’s marital status. However, there is a big difference between these two. While a divorce ends a valid and an existing marriage, an annulment declares that though everybody thought there was a marriage, it never existed in the first place. As far as the courts are concerned, a marriage that is annulled never existed at all.

Grounds under which a spouse can request to annul the marriage

In the State of California, there are a number of reasons or grounds on which the court could grant a request for a marriage annulment. Read on to know more about them.

  1. One of the spouses was married prior to entering into a second marriage. It is referred to as bigamy in legal terms.
  2. The couple has a blood relationship.
  3. The spouse who has filed for the annulment was below 18 years of age when the marriage took place.
  4. One of the spouses has committed a fraud for procuring the consent of the other party to the marriage. The fraud should have a strong correlation with the marriage. An example of this is when one party convinces the other to get married as the former had a secret desire of staying back in America.
  5. One of the spouses compelled the other party to get married.
  6. One party suffers from an incurable physical capacity. Ideally, the term is associated with male impotence, which does not allow the couple to have a physical relationship.
  7. When both the spouses and either of them is of an unsound mind. It refers to a condition, which stops the couple in question to appreciate and understand the marriage duties and nature like under the influence of severe intoxication.

The spouse requesting an annulment needs to provide evidence before the court that any of the reasons mentioned above was present when the marriage took place. However, if the burden is dissatisfied, the court may not grant the marriage annulment.

How to get an order from the court on marriage annulment?

The process for getting an annulment is not much different from obtaining a divorce. The court system of California has laid down a comprehensive set of instructions for requesting and opposing a marriage annulment. The California court system has specified a deadline called statute of limitations. It establishes the time limit within which an annulment may be filed. The reason for which an annulment is filed determines this deadline. It is always recommended to hire a good Orange County divorce attorney to help you out in such a case.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

 
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