A mediator will provide guidance to reach a resolution on the issues that still need to be worked out. They bring critical negotiation skills to listen to each party’s interests and concerns, and then help to find a common resolution that each person can agree to. The mediator is a neutral party, and oftentimes an attorney, so they will be able to provide you with a background of what is legally permissible. When an impasse is reached or negativity stalls progress, the mediator knows how to get the conversation back on track. For some couples this means not doing the mediation all in one day. But in two to three sessions, you can resolve all the big priorities of the dissolution.

It is important for you to know what your future needs are so that child support, spousal support, and the division of assets and debts are done to help you find as stable of a future as possible. What many people like about mediation is that it allows you to express your values and opinions. A litigated divorce, in contrast, follows a more strict formula and what some call a “one size fits all” approach. Mediation is more sensible for two adults who can be in the same room together and hash out the details. You can take into account the budgets you live with everyday and the future needs you and the kids will have. Mediators also know how to look for tax savings and alternative settlement options to increase the chances of financial stability post-divorce.

Couples who have been through a mediated divorce say that it is far better to have the two people who intimately know their finances and assets decide how to dissolve the marriage versus a judge or pair of attorneys. At the end of the mediation process, a final divorce settlement will be created and approved by the courts. Months down the road, you will thank yourself for doing mediation. The money you saved can go towards the kids, a savings or emergency fund, or establishing yourself in a new home.

Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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Checking account and credit card statements can reveal a lot. Look at each line item for odd spending habits. The biggest warning signs can be:
Places that do not fit your spouse’s personality. If your spouse did not dare eat sushi, for example, but then charges start to rack up, this is a sign.
Excessive purchases at bars, restaurants, jewelry, flower, and other gift shops
Charges from hotels
Higher gas costs than normal
Extra cell phone charges or other electronic purchases that are excessive note that your spouse could have purchased equipment to communicate with the person they are seeing
Vacation and luxury purchases when your spouse is supposed to be on a work trip
Charges from oddly named businesses
Membership dues to video chat companies and dating websites

It can also be a big sign if you are used to receiving these statements at home and suddenly they are not appearing. Be sure you can still access these financial accounts online to see if they have been re-routed to a post office box or if you have been locked out of your own account. These are tell-tale signs that your spouse is up to no good.

Banks also offer a feature to receive text alerts. For joint accounts that you are suspicious your spouse is using to cheat with, set this up. You will get texted in real time and the spouse will not be able to make up an excuse so fast as to what the charge was for. It is also advised to order a copy of your credit report that you are allowed to get for free one time a year. Go over it carefully to see if there are new accounts, inquiries, large balances, or other items that you have no idea about.

Be sure to keep all paperwork of the wrongdoing so when you confront the spouse or meet with a divorce attorney, you have as much evidence as possible. It is also important to start a savings fund so that you can start a new chapter on your own. If there are co-signed accounts that you are worried about getting depleted or charged, call to get your name removed or close the account.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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With the expertise of a family law attorney, disputes about spending, the kids, the family business, and even how many guys’ fishing trips and visits by the mother-in-law can be defined. Half of all family law attorneys surveyed nationwide have noted an increase of postnuptial agreements in the last few years.

For couples with issues that are causing a strain, the postnuptial can provide them a way to reset their behaviors and get back on a level playing field. If a budget has never been used in the household, this is a good time to set one and hold each spouse to it. If child raising duties need to be better divided, this is an opportunity to have each parent take their fair share.

The postnuptial agreement process will inform both spouses about each other’s financial status if they are not aware of it previously. For some couples, this is particularly helpful as it highlights what could occur if divorce were to happen. Hefty spousal support, child support, and liquidation of investments and savings could have occurred if the two had not worked hard to save their marriage.

This is exactly the premise behind getting a postnuptial agreement. The reality of what the couple has worked hard to create together could be divided if they split. If they can use the postnup opportunity to reframe their attitude toward each other and how they interact on a daily basis, the marriage can get back to its better days.

And if the postnuptial agreement does not work months or years down the line, the couple will already have some understanding of the family law system. They will have utilized one aspect to save their marriage before they call it quits.

Gerald A. Maggio is an Orange
County family law attorney , in Irvine, California. To learn more about Orange County family law attorney , Gerald A. Maggio, visit Maggiolawfirm.com.

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“Being the one to cook the meals, prepare the lunches, help with the homework, buy the birthday presents for your children’s friends, make play dates, drop them off at school, take them to the doctor – without an outlet or someone else to fall back on if you’re tired – is part of building a deeper connection with your children,” said Jonathan Weiler and Anne J. Menkens in a recent article about the benefits gained in a child-parent relationship after divorce. “…A newfound sense of capability might make you less overwhelmed by the challenges of dealing with your kids, thereby freeing you up to enjoy the experience more.”

As a single parent, chances are that you will be more heavily involved than before in your children’s health and education decisions as well as social activities. The custody and parenting agreement will define the mutual decisions you and your ex have for these aspects of your child’s life. As time goes on, the decisions and child support might need to be modified. Getting legal advice to see about these possibilities or making a move to change them is highly advised.

Throughout it all, it is recommended to focus on the best interests of the child. Child advocates say to never make your kids messengers to the other spouse. Do not put a child in the center of dispute you have with the ex. Do not say negative things about your ex in front of the child.

“Kids are impressionable and you can make your child hate your ex-spouse if you want to, but it won’t bring you closer to your child,” said Weiler and Menkens. “If, on the other hand, if you know your ex-spouse is a good parent (even if a bad spouse) and that your child loves him or her, try praising that parent. Building your child’s esteem for her other parent will be one of the best gifts you can give to your child.”

In California, Irvine child custody attorney Gerald Maggio is skilled in helping a parent achieve the best child custody outcome and has resources in the area for parents to work on their parenting skills. The Maggio Law Firm is experienced in maintaining and preserving the crucial parent-child relationship. They are well versed in child support and modifications, divorce, and alternative conflict resolution.

For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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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:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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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. Riverside divorce lawyer Gerald Maggio’s professional and effective legal counsel ensures that a client’s rights and best interests are protected.

For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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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, Riverside 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.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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Dividing the assets becomes a conversation between the couple, and is given the approval with a divorce attorney’s input versus in a courtroom with a judge deciding each individual’s share. “Divorce will always be a tough, emotional journey, but now people are being more practical and pragmatic about how to bring resolution,” said Karen Stewart, a divorce and relationship expert. “Boomers are looking for alternatives to the standard ‘hire two lawyers to fight it out’; people recognize the need to bring the marriage to an end in a less destructive way.”

When both adults can see the divorce akin to the end to a business relationship, they can remove the spite and stress that often leads people to court. Couples can expedite the divorce process with collaborative law and lessen a lot of the stress. When couples can focus on divorce in a business-like fashion they can remove themselves emotionally. Every divorce lawyer has a story about a client that fought for weeks over some prized possession that had no economic value and delayed divorce proceedings.

“Women tend to be completely paranoid about being left to starve and become bag ladies,” said Stewart. “Men are typically worried about being taken to the cleaners. Our job is to come up with a solution that is going to make both individuals leave feeling comfortable and secure.”

And that’s the essence of collaborative law. When a couple can sit down and divide property, assets, and mutually determine what is best for their children in custody and child support matters, each adult can be better off financially and emotionally.

The Maggio Law Firm has many years of experience in divorce and collaborative law. Irvine divorce attorney Gerald Maggio is known for his legal expertise and helping clients with all the difficult issues that are raised in a divorce. Maggio is active in the Orange County Bar Association, Los Angeles County Bar Association, the Riverside County Bar Association, the Orange County Barristers, and the Irvine Chamber of Commerce.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

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A good approach is to have a divorce team with your divorce attorney and a financial advisor assessing the best route to get the other spouse out of the business. The buy out strategy can include:
• Using a marital asset such as real estate, stocks, retirement funds, or cash
• A property settlement note that allows for a longer buyout of the amount owed with interest
• An Employee Stock Ownership Plan (ESOP) to generate funds by selling ownership interest to employees
• Selling the business and dividing the proceeds

ESOPs can work well if a business is worth more than $5 million. ESOPs are complex but they are tax deductible, so it can become a better scenario for your business. And since employees receive a small interest in the business, they typically become more engaged employees because they want the business to succeed even more.

An ESOP is controlled with a trust fund and a trustee, and the employees are the financial beneficiaries of it. The business makes tax deductible cash contributions to the ESOP and then the trust funds buys ownership interests based upon current values. Each employee gets a small interest annually and can cash in their portion when they leave or retire from the business. Interestingly, ESOP businesses are shown to grow eight to 11 percent faster than normal businesses, according to the National Center for Employee Ownership. Quicker growth equals a bigger increase in value. Thus, ESOPs can be the best route if the business forecasts growth and profits and values its employees as an integral part of the operation.

What’s more common, though, is that the business must be sold outright as a large portion of the assets are tied up in the company. This can be an excruciating process as it will leave one or more spouse without work, and the court must approve the value of the business for sale. The court will analyze the opinion of value from appraisers and accountants.

No matter which route is best, both sides need proper legal representation. Most likely one spouse will have to pay child or spousal support, so adding in the division of a business can create a financial hardship. Both spouses can benefit from mediation or a collaborative divorce to mutually work through the issues with their attorneys and accountants.

The Maggio Law Firm has many years of experience in divorce and the division of assets. Orange County Divorce Attorney Gerald Maggio is known for his legal expertise and giving clients compassionate guidance through the maze of issues that are raised in a divorce. Maggio is active in the Orange County Bar Association, Los Angeles County Bar Association, the Riverside County Bar Association, the Orange County Barristers, and the Irvine Chamber of Commerce.

For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com

Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax

Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

Bookmark to:

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.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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