Are You Prepared If Divorce Is Your Only Option?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmWhat should be your next course of action when a marriage counselor is unable to convince you and your spouse to patch your marriage up? You can follow the path of many such couples who decided to settle their issues through a mutually consented divorce. Divorce is never an expected event in a couple’s married life of brings in a big impact on the financial positions of both the spouses involved.  When the divorce is obtained through mutual consent, both the wife and the husband try to settle their financial separation on certain terms and conditions, which are usually acceptable to them both, in fact, the details and the mode of such a settlement is in the in hands of the husband and the rife. A settlement for divorce can either include assets and money or can be done rigor them. The partners simply need to reaffirm their agreement in the court. Thus, in case divorce is the only option left before you, you must be prepared with the following steps.

Have a discussion with your partner on the financial details

While emotions do come in while you are separating, do not bring them while settling the financial matters. Even before you start discussing the various financial matters; it makes sense to understand the cash flow first. Thereafter you should sit with your spouse and try to figure out all the assets and savings like two mature individuals.  Your next step should be to list dine all these savings and assets’ market value. You can get in touch with a financial consultant or planner to get your assets valued properly. The distribution of savings and assets should be on the basis of how much each spouse had contributed, in case they did not succeed to arrive at an agreement on dividing them.

Splitting the assets

After you gave jotted down your assets as well as liabilities and their current market value, it is now time to split them. When the assets are being divided, you need to take into consideration what role will be played by each partner. The reason for this is while your spouse could be bearing all the expenses while you may be contributing for the savings.min case the rife is not earning sufficient money to support herself or she is unemployed, the husband needs to give her alimony. This could be applicable though she could be having her own income but her earning is not adequate to ensure a similar standard of living like her husband.

Child care

In case the couple has children, things may be more complicated.  Spouses may come to an agreement on a particular staggered payment or a lump sum amount to be paid to the person who will have the child’s custody. It can even be a payment made on a monthly basis with an incremental increase, taking into account the increasing cost of living.

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 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 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.  

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.  

Financial Tips You Need For Sailing Through Divorce Smoothly

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmThey say time is the greatest healer and the wounds of your failed marriage will also get healed with time. Sound and professional advice from an Orange Country divorce attorney can help you to understand the process of a divorce in a much better way. Guidance from a professional therapist on the other hand can help in reducing the emotional scars left after your breakup. When you understand the divorce process thoroughly, this major transition in your life will be easier to handle. Having said so, check out some of the following financial tips to sail through your divorce process smoothly.

  1. Familiarity with the divorce cost is highly crucial
    There could be wide variation in the divorce costs depending on case to case. If you are well-off and do not have a prenuptial agreement in place, your divorce expenses may shoot up drastically. The reason for this is you will have to spend for a forensic accountant or hire several divorce experts to help your case. It could be also possible that you have started a business quite recently while you were still married and your spouse may become eligible to fifty percent of the total business worth according to community property laws of California. When you do not have any significant assets or minor children from your marriage, your divorce case can be a straightforward one. But when you are one of those parents who is anticipating a battle for child custody, you should understand that if your divorce is more expensive, you will have less money to look after your kids. When a custody battle simply drags on for months, it is possible that you may end up spending more money out of your kid’s college savings.
  2. You should be ready for a situation where you will need to pay alimony
    In case you have been the primary breadwinner in the family whereas your spouse stayed at home for many years for carrying out the domestic responsibilities, the court may direct you to pay alimony to the other party. However, it is not assured since in California, spousal support is typically awarded for 50 percent of the duration of the marriage. The exception is when the marriage was of long duration that is considered as 10 years or more. In case your marriage lasted for 10 years or more than that period, the court may award spousal support without any end date to it.
  3. Prepare a budget for post-divorce time
    Usually, men have a tendency to worry about paying the various expenses related to a divorce like spousal support, child support and attorney fees, However they overlook saving for their personal expenses like health insurance, housing, food, vehicle loan, gym fees and so on. On the other hand women can become extra comfortable and dependent on spousal support though there is no certainty whether the court will award them that or not. Rather than anticipating spousal support, it makes sense for the women to plan how they will support themselves financially after the divorce is finalized.

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

Tips To Have Healthy Communication with Your Former Spouse

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce attorney; The Maggio Law FirmDo you have children from your marriage to your former spouse!  If the answer is yes, then it is extremely important to maintain a civil and courthouse relationship with your former husband/wife. It is quite necessary that the parents hide their differences and work for their children’s welfare.  In case there is resentment within you or proper communication does not exist with your ex-spouse, you will not lose anything. Rather your kids can be impacted negatively.

There are several such studies that prove divorce does not damage the kids. Rather parents who are irrational after they part ways may damage their mental states. So, try not to be a parent like that. When you put efforts to creating a productive and dress relationship with the other parent, the healing process will be after getting both the involved parties and it will be easier for you and your children to move ahead in life. The following tips are useful to keep your negative emotions toward your former spouse at bay.

Define clear-cut boundaries and try to stick to them

You should communicate with one another properly and establish proper boundaries and scopes for the responsibilities you need to carry out in the lives of your kids.  Both of you need to understand that you should value your relationship with each other for your children’s sake and hold that relationship in high regard. When you define proper boundaries about your co-parenting relationships after the divorce to move forward, it will help in creating a positive atmosphere, which will help to alleviate the stress and tension of coping up with issues related to child custody and visitation

Consult a good therapist

Are you having a tough time while discussing crucial issues related to your kids? It is better to take guidance from a third and unbiased party in such scenarios. So do not hesitate to approach a therapist, a friend or a clergy who is close to both you and your spouse.  When your former spouse is not willing to be a part of it a therapy after the divorce, you should go ahead alone for it. The conflict between both of you can reduce when you learn new and important skills and know ways of responding to situations, which may trigger a conflict. You can learn how important it is when you do not engage in a conflict with your ex-spouse and how to control your emotions of you want to retaliate when provoked. It is important to forget your past so that things go smooth in the future.

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

Handling Divorce Grief in Your Own Way

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorney; The Maggio Law FirmA divorce or a separation can indeed be an emotional and highly stressful experience in one’s life. Your entire universe may go upside down irrespective of the reason for your separation and whether you were willing for it or not. A breakup can create a host of unsettling and painful emotions. You could be not only grieving at this stage but also feeling apprehensive about your future, isolated, and baffled. However, there are several things that you can do at your end to handle your divorce grief; let this tough time pass and move on in life with a fresh vigor, optimism, and hope.

Why can divorce be full of misery for many?

Although your relationship could have been rocky for quite some time, a breakup or a divorce can be quite painful as it not only symbolizes the loss of a partnership but also of the commitments and dreams both you and your partner had shared. Any love marriage begins with a lot of excitement and positive hopes for a bright future. But the moment a relationship crumbles, people go through profound disillusionment, grief, anxiety, and stress. A divorce or breakup throws you into unexplored territories. There are so many changes in your life with respect to your responsibilities and routine, relationship with friends and extended family, your identity and even your home. A divorce can also introduce a great sense of uncertainty about what lies ahead in life.

Handling divorce or breakup grief

  • Understand and appreciate that there is no harm in having different feelings. After all, it is not unusual to feel tired, angry, confused, frustrated and/or unhappy.
  • All these emotions can be pretty intense. There could be anxiousness within you feeling apprehensive about your future. You should start accepting that feelings like these are bound to change over a period of time. Although your relationship with your spouse was unhealthy, it can be scary to venture into an unknown arena.
  • You deserve a break now, so go for it. You should allow yourself the luxury of functioning or feeling somewhat less than your usual level for certain period. It is possible that your work productivity is lower than usual at this crucial phase of your life. Plus, you may not be affectionate towards others in the manner you used to be for a while. After all, you do not have any kind of superpower. So take time to go through the healing process, re-energize, and regroup.
  • Do hand holding at this critical phase of your life. You should share your emotions either with family and close friends who can help you to get over your grief during this period. Try to be a part of a support group so that you can speak to people who are going through a similar situation.

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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