Posted by: Gerald A. Maggio, Esq.
Riverside, Calif. – So many couples in California that get divorced oftentimes forget the importance of a temporary order. The typical scenario involves one spouse rushing to get a new living arrangement, throwing all their credit cards and important belongings into some boxes, and getting frustrated about subsequent phone calls about the kids and assets. When a divorce is imminent, it is recommended for an individual to have legal representation and establish a temporary order or agreement to define the immediate priorities as the split happens.
“If one spouse were to move out of the house and has more income and the other spouse is left to take care of the kids and major bills, what would you do?” asked Irvine divorce lawyer Gerald Maggio. “A temporary order will set decisions on the major priorities that have to be discussed before something bad could occur.”
Every temporary order can detail what is important to each spouse. Immediate needs might include orders that:
- prevent charging credit against a spouse or big expenses without written notice
- prevent the sale, transfer, exchange, or borrowing of money against property
- prevent changes in insurance, including modifying the beneficiary, failure to pay the premium, cashing out or borrowing, exchanging, or cancelling it
- define the custody and visitation schedule as well as child or spousal support
- define that the other spouse cannot take children out of a certain local or regional area without consent from the other parent
- outline who gets vital property, such as a car or house
- implement restraining orders when needed
These orders are a bare minimum that will be added to or refined pending the final outcome of the divorce proceedings. The temporary agreement will be submitted to the court after all appropriate signatures are done and give each spouse a clear understanding and set a precedent for the actual divorce.
“A good divorce attorney will help a client weigh the risks, benefits and costs of the temporary order,” Maggio said. “You won’t get everything as you want it – no one ever does in a divorce – but we will fight to uphold your rights.”
Individuals seeking a divorce have sought the Maggio Law Firm’s experienced attorneys to help with temporary orders, divorce summons, and all the steps involved with a dissolution of marriage. The firm’s knowledge and empathy guides clients confidently through the legal maze of divorce issues.
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
Posted by: Gerald A. Maggio, Esq.
Divorces typically are all about the two adults who can no longer get along and who deserves what assets, property, and privileges. Even though each spouse might equally love the children, oftentimes divorce can bring out the worst behaviors in a parent. Before, during, and after the divorce proceedings it is critical to focus on a healthy and nurturing environment for the kids; otherwise, the negativity can have big consequences on their livelihood.
“Children tend not to tell you when they are angry, resentful, confused, hurt or depressed,” said author Rosaling Sedacca in her book How Do I Tell the Kids…about the Divorce? “Instead kids reflect their problems through their behavior – acting out or perhaps turning inward in ways that you have not experienced prior to the divorce. Take time to see the world through your children’s eyes and you will be better able to meet their needs, understand their confusion or aggression and find appropriate ways to dissolve tension through your conversation and caring behaviors.”
Parental behavior that involves negatively talking about one parent, missing or cutting into the other’s parenting time, or concealing the truth can wreak havoc on a child’s emotional wellbeing and alter their perceptions of how they should act. Children who watch parents say cruel things, lie, and seek revenge can end up being rude, hostile, dishonest, and hold grudges or worse.
Many child psychologists promote that parents must set aside whatever ill will they have towards their ex to effectively be a good parent. Yes, this will involve a daily focus to accept the child custody and shared parenting time. Halting the negative words and interacting proactively with your ex will show that people can be their own individuals and be courteous yet have their boundaries.
Divorce law and child custody agreements are all about the best interests of the children, so the earlier an individual focuses on this fact and has a good child custody attorney by their side will bring about faster and fair results. From visitation and shared parenting rights, to adequate child support and enforcement, a skilled child custody attorney will address all the factors needed for the children.
A schedule must be created so that each child will get to enjoy a normal schedule with each parent as well as specific holidays, vacations, birthdays, and special cultural and religious days. Patience, tolerance and communication are critical to make the schedule work and ensure that the kids are benefitting from it. The agreement will also detail decisions regarding medical, education, religious, and any other special considerations for the children.
In California, Riverside child custody attorney Gerald Maggio helps individuals define a reasonable parenting agreement that will help the child and parents create a healthy, supportive environment. The Maggio Law Firm is experienced in child custody, child support and all divorce matters and strives for the best outcome to maintain and preserve the parent-child relationship.
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
Posted by: Gerald A. Maggio, Esq.
Irvine, Calif. – Divorce mediation is becoming a realistic, healthier alternative to normal drawn-out divorce battles for many couples. In law offices and the media, mediation is picking up in popularity not only because it is more affordable, but because it is an efficient, less contentious way to split. The need for a mediation divorce lawyer is still critical, and many are trained in mediation and can help ensure every step of the divorce is covered. Mediation typically takes between six to 10 sessions and is cheaper than month to yearlong courtroom battles.
“Your interests – regarding finances, assets, and the children – are still addressed and sought after,” said Irvine mediation divorce lawyer Gerald Maggio, of the Maggio Law Firm. “You will have a lot less stress and get resolution quicker so you can move on with your life.”
A mediator will keep the divorce conversation and negotiations moving forward and oversee that the separation of assets, finances, and parenting time is fair. When the spouses reach a roadblock, the mediator will push to get the conversation back on track. With the two individual’s input, the mediator will set ground rules and goals to achieve. Mediators will still need all relevant financial, asset, and any other documentation relevant to the marriage and divorce.
“Individuals find they are happier with the outcome of mediation versus having a court decide the fate of their finances and kids’ livelihood,” Maggio said. “Disputed divorces can wreak havoc on children and an individual’s wellbeing.”
Mediators are skilled at working with differing levels of personalities, so if a spouse tends to be domineering or pushy, the mediator will give each person time to speak and work through their needs. If there are concerns about violence or abuse, a mediator can arrange separate meeting times. The key is that mediator wants an individual’s input on what they are seeking in the divorce, but will balance it against the other individual’s needs.
A final agreement will detail every facet of the divorce and future agreements and must be legally approved. This agreement will then be used as the basis for the uncontested divorce. And unlike many courtroom battles, this way of getting divorced can have a better, lasting effect.
“Mediation is about creating a good ending to the marriage,” Maggio said. “Mediation is always worth a try.”
The Maggio Law Firm has many years of experience in divorce mediation. Attorney Gerald 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. The firm is known for protecting client’s rights and best interests, as well as being an empathetic ally during these tough times.
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
Posted by: Gerald A. Maggio, Esq.
Divorce is an intense emotional and financial process that is best guided by an experienced divorce lawyer. A key part involves calculating what an individual’s living expenses are, how children can affect this amount, and advice on how to transition to the new single lifestyle. Questions such as whether you can keep the children in private school, what you are able to afford for a house payment and what assets are needed for the long term can be complex without an experienced attorney to give you the knowledge and confidence for the next steps ahead.
A good divorce lawyer will help a client examine and evaluate the marriage settlement agreement (MSA) and make sure they understand the transfer of monies, assets and property. Sometimes even asset and income tracing are needed to ensure that a spouse is not hiding crucial assets from the other spouse. An experienced attorney will oftentimes have contacts with certified public accountants and financial counselors that can help individuals with managing their cash flow, financial crises and goals they want to accomplish. These key individuals will make up a solid team of experts to help a client through the divorce and get on more solid financial footing for the future. Their financial background will help calculate each spouse’s net worth and establish figures that the courts will agree with.
“Ask your lawyer to help you identify which decisions absolutely need to be made now, and which can wait until your emotions are under control,” said Stacy Francis of the Institute for Divorce Financial Analysts. “Big decisions made in an emotionally unstable state of mind usually turn out to be expensive and non-sustainable ones.”
From budgets, assistance with retirement planning, taxes, and estate matters, a skilled divorce attorney can point their client in the right direction to ensure the MSA and any child support or spousal support will be adequate for the long term. Their team of experts will go over the consequences of keeping one asset over another. Typically, one of the biggest challenges is to determine if it is better to keep the marital home or negotiate for the pension or retirement plan.
“A house requires income to pay for repairs, maintenance, improvements, property taxes, and assessments; a pension, however, produces income without costing income,” said Garrick G. Zielinski, president of Divorce Financial Solutions. “You cannot sell a windowpane to put food on your table during your retirement years. It’s not how many assets you have – it’s what you can do with the value of those assets that matters most.”
In Orange County, Irvine divorce attorney Gerald Maggio helps clients focus on the important financial and parenting matters during their divorce proceedings. The Maggio Law Firm is known for their personalized attention and assisting clients with all the documents, details, and financial questions. They are a valuable advocate that upholds their client’s rights as they push toward a fair and expeditious divorce settlement.
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
Posted by: Gerald A. Maggio, Esq.
Riverside, Calif. – The Chicago Tribune recently published an article highlighting the importance of both parents being involved in a child’s life during a divorce. Katherine Conger, a human development professor at the University of California at Davis, emphasized that parents should not argue or get physical in front of their children. “Parents should keep focused on the best interests of their children, regardless of their feelings about the soon-to-be ex-spouse,” she said. “Reassure your children that they had nothing to do with the divorce.”
But what about if a spouse is missing? Many individuals are unable to locate their spouse, whether the spouse is abandoning them, trying to avoid child support or have been separated for some time and does not have current contact info. An experienced family law attorney can still help a parent get a divorce and start the next chapter in life. The attorney will assist in the few extra steps that are needed since the reachable parent cannot easily serve the missing parent with divorce papers.
“The courts will want to know that a parent has made every effort to find the missing spouse,” said Gerald Maggio, Riverside County family law attorney at The Maggio Law Firm. “Our law firm will guide you through the investigation to find your spouse or seek a default divorce judgment.”
In California, the court will want to know that an individual has tried contacting the missing spouse’s friends and relatives to see if they have any insight into their whereabouts. Also, do an Internet search, check telephone listings and any social network sites. Look into tax records, voter registration records and the department of motor vehicles to see if any information comes up.
Otherwise, if an individual is unsuccessful in truly locating his or her spouse, California courts will allow the divorce papers to be served by publishing them. An affidavit for divorce by publication is completed, then the divorce complaint and affidavit are signed in front of a notary public. Both of these documents will then be filed with the county clerk at the courthose. From there, a lawyer will assist in sending relevant legal notices to the local newspaper where the spouse was last thought to be residing. The newspaper publication must run one time a week for four weeks to give the missing spouse time to respond.
If there is no response by the end of the publication cycle, a family law attorney can help their client obtain a motion for a default divorce judgment. The final divorce proceedings will establish what the court agrees to for the best interests of the children and client as the primary caregiver.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
An increase in marriages ending after 20 to 40 years is making news headlines and being dubbed “gray divorce”.
Many psychologists are attributing divorces after long-term marriages to the kids leaving home for college or life on their own, and a spouse who has felt trapped or unhappy finally has the drive to begin a new life. The ease and perception of divorce is also far better for couples now than it was decades ago.
With collaborative divorces, mediation and experienced divorce attorneys more accessible to couples, divorce doesn’t have such a bad stigma or price tag anymore. There are many asset and financial matters that need to be addressed in divorces after a long-term marriage, so this is where a results-oriented divorce lawyer is critical and can go over every facet that must be divided.
Gray divorces usually involve lots of marital property and assets, including real estate, vacation properties, bank accounts, retirement plans, pensions, and other assets. Without legal counsel, the divorce can be a messy, financial nightmare. A huge factor is that one spouse usually has a short period of time to make up for any difference in the division of assets before retirement.
As people in California and the U.S. lead longer and more active lives, U.S. Census statistics are showing older, married couples have only a 54 percent chance of reaching a 30th wedding anniversary. Couples married before 1965 fared better, but every marriage year after that shows lesser chances of staying married. Spouses tend to have raised children and kept their finances in order, but the marital relationship took a backseat.
With gray divorce, couples are finding that they stand to be happier pursuing different goals and starting new relationships. Women are far less dependent on their spouses for income and can afford to start a new chapter on their own. “Each person has to decide whether they can deal with the flawed, not just sparkly parts of their spouse,” says Christine Carter, doctor, author of Raising Happiness and columnist at the Huffington Post. If the flaws are a deal breaker and obstacle, divorce might be the only route to resolution.
Every divorce has its unique challenges and financial considerations, so no matter the years of marriage, expert legal counsel will ensure each spouse has peace of mind for the future. In California, Orange County divorce attorney Gerald Maggio is known for helping clients go through their options, protect their interests, and seek the most favorable divorce outcome. The Maggio Law Firm combines years of legal expertise in divorce law with compassionate guidance.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Going through a divorce and ending an intimate relationship is quite possibly one of the hardest things to endure. Not only that, but feeling the loss and separation along with the entire lifestyle change and financial struggles are added stressors that make it all so difficult at times. Not to mention, if you have children involved, the trauma they go through due to the separation and upheaval makes it hard to sometimes be there for children’s emotional needs when the custodial parent feels overwhelmed and overloaded. The family experiences a void when the absent parent is not around anymore for the routine family events and sometimes it feels like experiencing and accepting a death that some would even parallel to divorce. Recovery time from this emotional state varies from person to person. The psychological stages that one undergoes do not come in a neat, sequential succession, but more randomly and at one’s own pace. The five major psychological stages are:
- Denial – Felt even by the initiator of the divorce. The denial stage can last for a long time.
- Anger – An inevitable stage of unmet needs and dreams unrealized. Usually erupted by money and children issues such as custody and access to them but usually stem from the couple’s own issues with each other.
- Guilt – Both parties are likely to feel guilty because of the failed relationship and for their children’s emotional trauma during the divorce.
- Grief – Usually happens when the full impact of the divorce is felt. Saying goodbye to a failed relationship is a painful and sad process.
- Acceptance – When each person recognizes the totality of the experience as a part of who they are and a part of their lives. This stage is the moving-on outlook to a new set of goals and identity.
These stages are not all-inclusive and may also include fear and anxiety from financial insecurity or even safety. Ultimately, these stages usually give way to acceptance that the stages and the trauma were all part of the adjustment to finally gain some sense of stability. It also helps to seek guidance and counseling for the whole family when undergoing a divorce.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
The petitioner and the petitioner’s divorce lawyer start a divorce case by filing a Petition for Dissolution of Marriage. They would file it in the California Superior Court, initiating the petitioner’s divorce case. The petitioner requests the court dissolve the marriage as well as child custody, child support, property, debt and lawyer fee issues.
How the case is handled depends on the respondent, or the other party, and whether the respondent fails to file a Response to the Petition, settle the case by agreeing or files a response contesting the issues.
Therefore, depending on what the respondent does, there are three ways a divorce case gets resolved in California:
1) The default divorce is when the respondent fails to respond to the divorce petition or legal separation. If this happens, the matter still proceeds without the respondent and as “default” by the court clerk.
2) An uncontested divorce is when both the respondent and petitioner work together without much ado in order to settle the case by written agreement. This can also happen when the respondent defaults at first but later decides to settle.
3) The contested divorce is when the respondent files a response to the petition that an agreement cannot be made on certain issues and therefore the court takes the case to trial.
There is a list of procedures on how to proceed for a default or an uncontested divorce with your lawyer:
1) Choose the proper county that has jurisdiction
2) Prepare documents that need to be filed
3) File the documents with the court
4) Serve the documents
5) If no response is filed, enter a default
6) Prepare financial disclosures and have the respondents financial disclosures reviewed
7) Notarize a marital settlement resolving all the issues in your case, such as child custody, child support, child visitation, division of community property, etc.
8) Prepare an order for child support withhold of income
9) File a judgment package with the court that resolves issues between both parties
10) Serve the judgment
11) File family support or child support orders with the state of California entitled “Child Support Case Registry Form” (FL-191)
12) Serve wage garnishment or order to withhold on spouse’s employer
For a contested divorce, there are additional steps that may include filing Order to Show Cause (OSC) to get temporary orders to stay in place until the final judgment is entered by the court. Also a discovery needs to be done to gather evidence from both parties to present at trial if your case does not settle and goes before the court.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
There are many ways that addiction can affect a marriage.
Drug, alcohol, pornography or gambling addiction can sabotage trust. Trust is the foundation of any good relationship. Addiction, in general, could lead to making poor choices, risky behaviors, diminished communication, lack of attention to personal and business affairs, and sometimes even extra-marital affairs. Once trust is damaged, it is often harder to get it back. Damages done by drug-related, alcohol-related or deviant behaviors that usually override the addicted spouse’s family obligations.
The addicted person becomes more self-serving in order to feed his or her addiction by any means necessary, therefore maintaining balance and reciprocation in the marriage is not present or often much skewed. The non-addicted spouse is left to pick up the pieces of his or her partner’s bad behaviors and bad choices and will feel neglected and abandoned over time. The burden of taking the entire family often falls on the non-addicted spouse’s shoulder, bearing the weight of their addicted spouse’s self-serving behavior.
Drug or alcohol addiction also can affect the addicted spouse’s mood and can and often makes the addict violent toward others and lash out at their family. The drug or alcohol induced spouse can exhibit aggression, usually when intoxication levels and frequency increase. There is a strong link between drug and alcohol addiction and domestic violence. When children are present in the home, the risk of harm to them is very prevalent. Also, many times there can be an underlying mental illness or condition that may be at the root of the addicted spouse’s addiction.
“The first step that an at-risk family with addiction problems should take is to seek professional help,” said Gerald A. Maggio from The Maggio Law Firm, a family law practice based in Irvine, CA. “All marriages that have addiction problems cannot realistically be saved; therefore, protecting families from emotional and physical harm is a priority and becomes a societal concern.”
Rehabilitation centers provide support such as therapy and support groups for the whole family dealing with addiction, even when marriages end; it is suggested to seek or continue rehab, especially when children are involved. This can help both parties can cope better and the whole family can heal and move forward, even after a divorce.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Should You Date in the Midst of a Divorce?
One would think pursuing a relationship would not be a big deal during divorce proceedings since the marriage is being terminated anyway. People are tempted to seek or pursue relationships at this time because it fills a void and can offer some emotional support during the trying times of a divorce, but legally it is bad practice.
The action of involving and introducing a new relationship can have lasting effects on decisions and outcomes of divorce proceedings. The legal standpoint of dating during divorce procedures still implies that one is still technically married well up until the day the divorce is finalized. Believe it or not, the new relationship can weigh heavily on court decisions when it comes to dividing assets, spousal support and child custody. The reason for this is the implication of one’s character, and begs to question morals.
The emotional standpoint; however, is that both parties are engulfed in emotional turmoil during the divorce. Introducing or pursuing a relationship might enrage or offend a spouse. This can prove detrimental and negatively affect court decisions, especially when the enraged spouse might to decide to take every measure to make divorce proceedings difficult and add more stress to the situation as the divorce moves forward.
“There can be repercussions when dating while you are in the midst of a divorce,” said Gerald A. Maggio from The Maggio Law Firm, a family law practice based in Irvine, CA. “The decision to date while divorcing should not be taken lightly. Don’t date while divorcing, point blank. Wait until the divorce is final.”
Platonic relationships with the opposite sex, however innocent they may be, are still a social contact and could raise suspicions of a sexual or romantic one in the eyes of the bereft or jilted spouse. The presence of someone new parading in front of the spouse and children and can start a suspicion of an affair, and the new partner can be deposed and subjected to questioning by the other lawyer – subpoenaed and forced to testify under oath.
Dating during a divorce will draw further scrutiny and make it even more complicated, increasing both stress and cost of the divorce trial and proceedings.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
