Divorce Advice For Young Couples

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmOf late, the number of divorces among young couples are on the rise. Most of them are unaware of the consequences they might face after getting a divorce. Young couples may not be faced with financial issues but for most their careers might get affected. The problem with young couples is that they take decisions without consulting adults. When they get married, they realize there are more important things than just love and faith. Managing finances is very important in a marriage and then there is the division of property after divorce. Many don’t know which property they have is marital and which is separate property.

The divorce advice mentioned below should help young couples take the right decision during their marriage and after their divorce.

  1. Discuss financial matters

Finance is the single most important factor in marriage. Before getting married sit down and understand how much money each of you earn. Talk about your mortgage debts and student loans if you have any. It will help you manage finances in a better way.

  1. Create a cash flow

Create a constant cash flow that will help pay the bills or mortgage if you have any. It’s best to create an outline before the wedding and highlight the spending amount for each of you. It will help you keep a track of all the extra expense that you might incur during your marriage. After you get divorced, the plan will also come in handy to decide marital property division.

  1. Discuss money management

Managing money is very important in any marriage. Discuss with your spouse whether you want to maintain separate accounts or joint accounts. If you’re planning for a divorce, discuss how the joint account will get divided. Make sure that both of you are on the same page before a divorce is finalized.

  1. Protect premarital assets

A prenuptial agreement may be the cause of a divorce but it can also protect financial assets during a divorce. For some prenups can be very difficult. It is important to hire a good lawyer and decide whether a prenup is the best way to protect assets and properties or not.

  1. Meet a financial planner

A financial planner can provide the necessary help for you to reach your financial goals. Hiring a financial planner at the beginning of a marriage is ideal.

Conclusion

Young couples need to understand how issues like finances and properties are important during a marriage and after divorce. Having a clear understanding will help young couples become better decision takers.

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 To Survive A Divorce With Children

Posted by: Gerald A. Maggio, Esq.

family law attorney Orange County; The Maggio Law FirmAre you one of those thousands of parents whose marriage is breaking down but also have kids to think of? In such scenarios, the decision to end your marriage is not so simple. After all, most of your family members and close friends have been advising you to continue with the marriage for the sake of your children. But is that the right decision to make? Should you continue with a stressful marriage or will you be happier if you can call quits? Your children will also prefer to come out of continuous bickering and lead a more peaceful life.

There are many children who have witnessed their parents getting divorced and have survived the ordeal. With time, they have got adjusted to their new life. How well the kids will adjust will depend on how their parents handled the divorce and treated them after the divorce came through. Check out the tips below to learn how to come out of a marriage with kids.

You should be frank with your kids 

Though it is not essential for your kids to be aware of the minute details of your divorce and the stressed relationship with your spouse, you should be open about the things that are affecting them. If your kids ask you certain questions, you should lend your ears patiently and try to respond. Try to help them build up their level of confidence during this sudden and new stage of life. Let them know that no matter what happens, you will be always by their side. At times, your children may have concerns. So make them feel completely at ease by creating special moments, making them relaxed and share their worries.

Out of court negotiations are always a better alternative 

Although you and your estranged spouse may not be in the best of terms while your marriage is ending, both of you should make the best possible efforts to ensure that the children have a smooth transition in their life. Your discussions should be conducted in a clear and calm manner on matters like issues related to your children. It is better if you can settle all your issues out of a court.

The key points should be discussed with the children 

In order to ensure that the transition is a smooth one, you and the other parent should present a united front in front of your kids. It is easier said than done since it will be tough for both of you to come to a consensus but your main focus should be your children. Both of you must convince them that getting divorced does not mean that you will love them less. You need to ensure they are aware that your divorce is not their fault.

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 to Know If You Are Ready For a Divorce

Posted by: Gerald A. Maggio, Esq.

orange county divorce attorney; The Maggio Law FirmTo put it simply, a divorce signifies the end of a marriage. When a person files a divorce petition, he or she is done with all the legal responsibilities and duties of the marriage. Once the legal document is signed by the couple, their relationship between the two parents may get severed for their entire life.

Introspect how the situation of divorce has popped up

A divorce is often the last resort when the relationship between you and the other party has gone beyond all the limits. Divorce may be the outcome of various reasons. It could be due to abuse, lack of proper communication or because of the age factor. When such issues come up, the first step for the couples is to try resolving and managing those issues. It is the right thing to do for them before they are prepared to get divorced. However, when they fail to find any kind of resolution and are prepared to separate, they may proceed. In case you are still contemplating if you are prepared to go ahead with a divorce or not, you should consider the following questions.

Have you got feelings for your spouse even now?

In case you feel that you still nurture strong feelings and emotions for your spouse, it is better to try cementing your relationship. When you continue to have feelings for your husband or wife and still decide to go for a divorce, situation can actually aggravate after your divorce. They should be a clear cut boundary between both of you so that you can go ahead with the divorce proceedings.

Did you try your best to save the marriage?

It is better to clear all types of misunderstandings between both of you. However, even then your relationship has not improved; you need to select divorce as the next step.

Do you know the prime reason for your divorce?

It is imperative to know the real reason why both of you are on the verge of a divorce. It is important to leave no stones unturned to find out a solution for the matter. And yet when the desired conclusion is missing, you have no other option rather than going for a divorce.

How easy will it be for you to get adjusted to the changed environment with your kids?

Prior to raking the big leap towards a divorce, it is important for you to visualize its impact on the children. Your kids should never be burdened with all those negative emotions that are usually common in a situation like this.

Are you equipped enough to cope up with all the negative effects of a divorce?

There is no doubt that divorce changes your life to a great extent in terms of your financial status, traditions and lifestyle. Hence you should consider how you will handle all types of negative impacts of the impending divorce.

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 Should Be Your Exit Plan Before Divorcing Your Spouse?

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce lawyers; The Maggio Law FirmAre you contemplating to end your marriage and leave your spouse for good? If so, it is imperative for you to have a proper exit plan in place. Over 50 percent of the marriages are known to lead to divorces. What is even more shocking is that in most of these cases women get hit the most as far as finances are concerned. But if there is a solid plan of action, you can successfully come out of such a predicament.

Planning before your divorce is not about extracting the maximum amount of money from your spouse. It is primarily about making well thought out  choices with proper reasoning and a clear mind. Pre-divorce planning involves planning put the various aspects of your future life carefully so that you can try to have close to the same standard of living after your divorce is over. The process needs you to prepare methodically in some months in advance before telling your spouse that you want the marriage to end. When you plan systematically, your position will be better in your post-divorce days. Here are some of the areas where you should start focusing on.

Kids

When you are a parent, it is important for you to be well-prepared with how you should break the news of your impending divorce to the children. When you do so, you have to master the art of explaining the ways in which their lives could get affected in the future.

Build up your career once again

When you give top priority to your career planning it is a big step towards diminishing financial insecurity. In case you are a working woman but your earnings will not suffice after you become single once again, it is time for you to begin re-planning your professional career. If the process involves joining school once again, re-training or career counseling, you should start doing so immediately without further delay. When you spend any money for his purpose, it is regarded as joint money and will not get deducted from the settlement that you will receive. However, it is better to start doing it prior to asking for a divorce.

Finances

Are you expecting that child support and alimony will handle your financial health post the divorce? In case you are expecting it, you could end up feeling disillusioned. After all, it is a known fact that a majority of the husbands love to keep the maximum amount of money with them. The battle between both of you may lead to having a shortage of fund to lead your life post the divorce.

Support system

When the news of your impending divorce reaches your friends and family members, they may respond or react in different ways. There will be some people who are apprehensive and afraid that their marriages may get threatened when they continue interacting with you. However, there will also be some unconditional friends who will stick to your side and support you.

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 Aren’t Receiving Ordered Child Support

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce attorneys; The Maggio Law FirmIf there is a court order for child support, whether the divorce is final or not, the parent designated as the recipient parent can enforce the order if the other parent is not paying on time or does not provide child support payment in accordance with the court order. It is the job of the recipient parent to make sure that child support payments are provided for as long as they are needed for the care of the children. If you aren’t receiving the child support payments you are due according to court order, contact legal representation as soon as possible to avoid further arrearages.

Sadly, many find it fairly difficult to collect child support payments on-time, consistently and in full as ordered by the court. This is particularly difficult in situations where the paying parent owns their own business, is self-employed or has another income stream that is frequently sporadic. Many child support orders include an income withholding order (IWO). This is commonly referred to as a wage garnishment. Although this is not the only method of child support payment. When a wage garnishment is not in place for child support payments, the paying parent may provide payment directly to the other parent or submit the payments to a child support enforcement agency, which will turn money over to the recipient parent. This can be helpful as the agency will also keep track of the payment history on the case.

If you are not receiving your court ordered child support and a gentle reminder gained you no results, get in touch with an experienced family law attorney to enforce the court order. A good family law attorney can follow up with a parent in arrears on their court ordered child support. They can also ensure that court ordered health insurance coverage is in place, work with both parents to come up with a plan to pay past due child support when payments have not been made in a while (or if they have only been made partially or sporadically). In particularly difficult situations, they may even find it necessary to prepare an income withholding order (wage garnishment) to issue to the paying parent’s employer to ensure payments are made.

If you aren’t receiving your ordered child support, please don’t delay. In most cases, the farther a parent falls into arrears on their child support payments, the more difficult it is to collect the amount owed. Contact one of the experienced family law attorneys at The Maggio Law Firm today so we can assist you in enforcing your court ordered child support.

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 to Create a Parenting Plan that Works

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmWhen a family goes through a divorce or a separation, there are a number of changes that occur. Some are huge changes that affect the entire family on a day-to-day basis. Others seem small amidst the upheaval, but can actually have long term, lasting effects and directly influence other events in the future. That’s why so many co-parents find it difficult to come up with a parenting plan that actually works. They’re in new territory. They aren’t sure what to expect.

Parents attempting to put together a parenting plan that will function for the long-term have many factors to consider, but it is possible to create a parenting plan that works.

Creating a Parenting Plan that Works:

  1. Keep the Children’s Needs the Top Priority
  2. Carefully Consider What You’re Willing to Fight For
  3. Regularly Check Back On the Plan & Revise When Necessary

It’s important that parents are realistic in their expectations of their partner and in their expectations for themselves and make sure the parenting plan works for the entire family while favoring the children’s needs. One of the most common mistakes made by new co-parents putting together an initial parenting plan is to overlook the mundane. Most take great care to fully address the major concerns: physical custody (where the child resides) and legal custody (who is responsible for making important decisions such as healthcare and education and religion, etc.) Yet once the major concerns are taken care of, some simply assume the rest will fall into place.

Since most conflict will occur during or as a result of day-to-day, mundane actions, these seemingly mundane details should actually receive a great amount of attention and care in order for a parenting plan to work. For instance, don’t overlook specifics like drop off and pick up, activity and extracurricular arrangements, holiday planning, etc. In addition to scheduling of time and transportation, new co-parents will also need to include agreements on shared parenting expenses and child support as well as co-parenting communications and how to manage the decision-making process as co-parents (particularly if co-parents share legal custody).

Addressing every little detail may seem over the top to new co-parents, but it significantly decreases the likelihood that there will be disagreements down the road. Minimize the stress of co-parenting with the most effective parenting plan possible. Get in touch with an experienced family law attorney at The Maggio Law Firm today so we can assist you in putting together an effective and positive parenting plan that will work for you and your family.

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 To Reconcile Your Marriage After A Separation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmYou could be separated from your spouse for several months or years. But finally, the time has come to get back together once again. It is likely that you did not even hope that such a day will come in your life. Both of you have learned ways of effective communication, discussed what should be done for your mutual benefit from your relationship going forward and finally, you plan to get back together.

However, does your story end here? In real life, both of you need to take several steps to ensure the success of your marriage reconciliation. The following are some of the important points to keep in your mind to ensure a successful reconciliation after separation.

Do not allow anyone to force you into reconciling

You and your spouse should be the only two people who should be bothered about reconciliation. Your family and friends should be kept out of the entire affair. You need to ensure that it is your decision and not anyone else’s when you desire for a marriage reconciliation. It is time to give some serious thought, grieve your earlier relationship and make sure that no one else is compelling you to reunite.

Do not be in a hurry

Simply because you have taken a call on reconciling does not signify you will get back to your earlier married life. You should consider your decision to reconcile as a fresh relationship.

It also indicates that both of you should follow the same set of steps like a couple who got into a new relationship. So, time for you and your spouse to get familiar with each other at a completely different level. After both of you have dated each other for some time, you may move back together and start living like wife and husband.

Do not break the news to anyone else until it is essential

There will be always many people around you who will love to share their unwanted opinions about your private and personal relationship. In case the same thing is done by your family and friends, it is better to keep the news of your marital reconciliation private till the time you are certain of it. The sudden news of your reconciliation may baffle your kids and other family members, especially when you are not sure of staying together yet. It hardly makes sense to let your family go through another round of separation when you are just toying with the idea of reuniting.

All third parties should be removed from your relationship

If you separated due to an act of betrayal in your marriage, the third person should be removed from your life as soon as possible, particularly when you are reuniting with your spouse. It also means blocking them on social media and removing their names from your mobile phone.

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.  

Is It Possible To Reconcile With Your Spouse After Separation?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyer; The Maggio Law FirmAre you contemplating to reconcile with your spouse after your legal separation? If that is the case, you can think about the following things.

It is important to concentrate on your communication

In order to have a good marriage, it is crucial for both the spouses to have effective and proper communication. There is a strong likelihood that problems in a couple’s marriage may pop up when there is an absence of a healthy communication between them. So, it makes sense for the couple to have a proper pact for a healthier communication going forward. It is not impossible to pick up the skills of good communication like any other skills. The first step is to understand the importance of listening without being judgmental and think with caution before replying. You should also be honest while discussing your emotions instead of being aggressive with your partner.

Both the parties should demonstrate commitment

Your efforts of marriage reconciliation can be only effective when both you and your spouse show one hundred percent commitment to it. Reuniting after being separated for some time is nothing similar to watching films on the screen and may not be a case of being romantic and living happily ever after. It is possible to enjoy a happy and long-term marriage after your separation only when both you and your spouse demonstrate your commitment towards working on it.

An honest discussion with your spouse is essential to know what you want from the marriage. If both of you want similar things from the marriage and commit to make it work, chances of reconciliation after the marriage has a better chance to work out successfully.

Necessity of teamwork

The separation period between both of you can be a stressful one. However, if you are really serious and focused on reconciliation, it is important to understand that your spouse is not your foe. When both of you are ready to work as a team, difficult conversations and discussions can become simpler. Rather than being at loggerheads, you can become mates of the same team. Looking for solutions become an easy task to accomplish.

Take an honest approach on what went wrong

Honesty in a marriage is about what was not right and ensuring that things are right this time around. So, it is imperative that both of you should sit down together and discuss honestly what was not right the last time. You should also speak about what you should do differently so that your marriage gets a second chance. You need to show kindness towards one another during this process. Indulging in blame game and arguments will not be helpful to resolve the matter or making any progress. Rather, concentrate on agreeing on what should be done differently going ahead.

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.  

Contemplating Divorce: Is Your Marriage Sick or Dead?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmThere are some who appear to always be happy in relationships including in a marital relationship. They do not have anything to complain about and they are not known to fight or argue with their spouses ever. These are fortunate people who seek to be perfectly suited for a marriage and can live happily ever after. They lead lives free of any kind of drama while others struggle to live in marital bliss. On the other hand, there are some people who seem to be at loggerheads with their spouses quite frequently and even consider asking for a divorce and going their separate ways.

Couples should try to cure their “sick” relationship prior to filing for a divorce

Are you wondering the implications of a “sick” relationship? Do you have one in your marriage too? Have you thought how to make your sick relationship better?

There are so many ways to treat the tell-tale signs of a bad relationship. You may decide to pamper yourself thoroughly by going on a reckless shopping spree. Alternatively, you may retaliate to your spouse’s taunting comments by being equally aggressive verbally. Some people even go to the extent of being emotionally disconnected from their spouses and avoid sharing intimate moments or direct conversation. While you may feel slightly better, your relationship will continue to be a sick one. Hence, it is a sensible idea to deal with the real cause instead of simply treating the symptoms. Here are some of those suggestions to improve your sick marriage:

Upgrading your attitude

A relationship can be a one-sided or one of the spouses may feel that their partner is not contributing enough to make the relationship better. All these are issues, which can be addressed quite easily and then resolved. Instead of complaining about your spouse to your friends on social media, both of you can consult a good marriage counselor who can help you to fix the contentious issues that are increasing the distance between both of you.

Improved time management

Spend more time with your spouse and engage in meaningful dialogs. The disconnect you both face may be because you are not spending enough time in each other’s company.

Realize that your relationship is dead

Despite putting the best possible efforts to improve the relationship if you and your spouse find there is an impasse, there could be two key reasons for that. Firstly, both of you did not address the core issues to work on. Secondly and sadly, the relationship cannot be salvaged at any cost. While it is sad news, you may have to consider going ahead with a split.

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.  

Signs That Your Spouse May Be Hiding Assets

Posted by: Gerald A. Maggio, Esq.

Divorce Lawyers Orange County; The Maggio Law FirmThe assets owned by you typically come under various heads such as a business, your primary residence or primary home, a professional practice, cash value of your life insurance coverage, pension funds, retirement funds, shares, savings, bank accounts and other property investments. Rather than depending on the integrity of your spouse or only relying on the fair conduct of the court, it is a sensible approach to watch out for these strategies and signs to know whether your spouse is trying to hide marital assets are not.

Check out the following key aims for your spouse to hide assets during a divorce:
1. To claim that expenses are greater than they are in reality
2. Highlight that their income is lower than it is
3. Exaggerate debts to show that they are insolvent

These are the most common tactics in a divorce:
1. Transfer asset ownership of marital assets to close friends or family members and ask them to hold until the divorce is finalized
2. Hiring a conspirator for manipulating the timing of invoicing creditors or income
3. Hiding unrecorded cash secretly
4. Extract recorded cash in the sly to apply complex accounting schemes

Check out some of these most common tricks used by spouses to hide assets:

Personal
1. Making advance claim for entitlement
2. Keep complaining about high debt or lack of money to stay away from later suspicions
3. Placing money on a casino account if the person is fond of frequent gambling
4. Announcing all of a sudden that their business has failed
5. Receive settlements and accounts at a private mailing as areas or postal box
6. Try to be secretive or tight-lipped about financial matters

Business
1. Delay in signing fresh contracts that could lead to increased income
2. Including friends or other family members on the payroll. Alternatively, pay them in lieu of their so-called consulting services that they are supposed to pay back at a later point of time
3. Pay more than what is actually due to pre-pay vendors or creditors that they refund once the divorce comes through
4. Purposely overlook reimbursing business-related expenses till the divorce is finalized

Assets
1. A spouse may sell marital assets to the friends or family members who pose as independent buyers. The profits, if any are shared once the divorce proceedings are over
2. Assets can be transferred to friends and family. Later on, once the divorce comes through, they are reversed
3. A sudden and overwhelming decline in the value of business or marital investments or assets can be declared by a spouse to minimize suspicion

Banking
1. Procure or maintain full control of the banking information, passwords and bank accounts
2. Open bank accounts in a friend or child’s name to conceal funds
3. Set up several business or personal fans accounts to transfer funds

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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