Things You Should Be Aware of In A Divorce

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce attorneys; The Maggio Law FirmThe kids and spouses may often have to experience a chain of stressful events when there is a divorce.  After all, several things change overnight ranging from parenting schedules, financial and monetary decisions and new living arrangements. It could be a tough task for the husband and the wife to understand the legalities involved in the divorce process due to a storm of emotions during such difficult times. In fact, their sentiments can even blurt their capability to arrive at sensible decisions. It is easier to get through your divorce when you are well-informed about the process even before it starts. Here are some tips to help you through your difficult time.

Do not be overconfident of winning your divorce case

There are many such people who begin their process with the thought that they will defeat their husband or wife on the court. However, in reality, there is hardly a clear dinner in any divorce. Any typical divorce includes many issues like the split of property, support and child custody. T is quite rare that spouses who are divorcing get everything they desire for. For instance, one of the spouses may get physical custody of the kids and yet get a lower amount of money as spousal support than what was originally requested.  So, there is hardly any win-win scenario.

Rather, think of the outcomes of a bitter court battle while getting divorced. Not only do you have to spend several thousands of dollars, your kids may go through great emotional torment due to the bitterness between both of you. On the other hand, after things have cooled down a bit, it is natural to forget who the winner was.

Make important decisions only after careful deliberation

During the course of a divorce, many decisions may come changing your life altogether. For instance, you may need to ascertain if you require selling your family home or not. Try to avoid making a quick and impulsive decision only for the sake of getting the case over. It is crucial to deliberate on the potential consequences before arriving at some vital choices.

Though you and your spouse are getting divorced, your children are not

Getting carried away at such a difficult time is not an unusual thing to do.  But you should refrain from saying cruel words to your husband or wife while your kids are present may have a lasting and negative effect on them.

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. 

Move Away Issues In Child Custody Cases In California Divorces

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmWhen the custodial parent relocates to a different geographical location with the child, the issues that arise are known as ‘move-away cases’. It creates a problem in following the custodial agreements which have been established by the court. In many cases, it is the non-custodial parent who suffers.

Move-away cases are difficult for non-custodial parents because that parent also has equal rights over his/her child. However, there can be many reasons why a move-away case arises. It could be the fault of the custodial parent who wants to create a deliberate distance between the child and the other parent. Or it could be the non-custodial parents fault which has “forced” the custodial parent to relocate to a different place. Move-away issues often has negative impact on the child because parental plans are made after considering different factors of which the child’s mental health is the most important. Except in cases where the non-custodial parent clearly violates the parental agreement, move-away requests can become complicated issues.

Negative impact on child

At the center of a divorce are the children and more than often, they get negatively affected by issues like move-away cases. A California court weighs its child custody decision heavily on the best interests of the children. Children need the attention of both parents when they are growing up. Move-away cases disrupt the arrangement and therefore negatively affects their psyche.

Custody relocation laws

As of now a California court does not prohibit custodial guardians from moving away to a different geographical location. However, there can be special rules which prevent the relocation of custodial parents to a different location without consent from the non-custodial parent or a court order. Custodial parents who want to move to a different location with their children must be aware that to do so, they must first file a request for order for an order allowing a move-away with the California court which will be litigated.

Conclusion

Move-away cases happen after the custodial parent seeks to relocate to a different place with the child. It sometimes affects both the child and the non-custodial parent.  Non-custodial parents should ensure that such issues are clearly mentioned in the parental plan.  Do not just move away without consent or a court order first, or you could be ordered to return your children to the other parent.

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.  

The Effect of Adultery in California Divorce Cases

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorney; The Maggio Law FirmAre you involved in a divorce concerning adultery? If that is the case, here are some things to know as it relates to divorce in California. After all, you should ensure that you must get as per your rights irrespective of being the spouse of the adulterer or the adulterer.

There could be negligible impact on your divorce settlement

While there is no doubt that adultery is one of the biggest betrayals in any marriage, it may not make you eligible as much as you could be expecting when it is a question of divorce settlement. While you may feel that you deserve a lot due to the infidelity of your spouse during your marriage. In reality, you may often not be awarded the settlement amount that you consider is fair.

No effect on the issue of child custody

Though it may come as a big surprise for you, adultery committed by your spouse may hardly have any effect on the issue of child custody. If the court considers your adulterer spouse as a good parent, the latter could be awarded the right to the custody of your kids from the carriage or right of visitation.

Evidence is not needed in states that allow “no fault” divorce

Do you reside in a “no fault” state? If it is so, there is no need to produce any kind of evidence of adultery. This is because such states do not need any reason to divorce apart from the reason that the couple is not living as wife and husband anymore.

There could be benefits in issues related to alimony and settlement of property

Though there is no significant impact of adultery on divorce settlements. It can influence matters like alimony and property settlement. The reason for this is the spouse who was betrayed can use it to his/her advantage for continuing to maintain their existing lifestyle.

Court may consider expenses related to the extramarital affair

When the adulterer spouse spent a huge amount of money on his or her new partner, the spouse who was betrayed may be eligible for compensation.

Can adultery be a ground for divorce?

California does not recognize adultery as a ground for divorce.  However, there are some states where just because a spouse cheated on in the marriage does not signify that it is a ground for getting a divorce. When you do not stay in any “no fault” divorce state, the betrayed spouse should furnish evidence of the adultery committed by the other spouse before the courts to consider the same. The evidence can be a private investigator or an eyewitness who should testify in the court. When you have photographs of your spouse’s betrayal, you can produce them before the judge too.

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.

Are The Kids Suffering In A Failed Marriage?

Posted by: Gerald A. Maggio, Esq.

Orange County child custody; The Maggio Law FirmThere are several divorcees who refer to themselves as “victims” while they were married, particularly if abuse was a reason for getting divorced from their spouses. Abuse does not only include domestic violence but it also includes a horrifying phase of dictatorship and dominance while being married. Only when there was an end to the marriage that these spouses regard themselves to be free. However, what happens when the abused now realizes that their kids are also being subject to the same sort of behavior?

Time and again, it has been seen that the courts would like to ensure that the children should be in touch with both their parents, of course for the best interests of the latter. However, there are some cases the result may be not so good since there are tales of abuse or neglect. The question is what should a suspecting parent then do?

Do not be quick to draw conclusions

If your kid shows symptoms of being neglected or being abused, it is crucial to be composed. Though, this is easier said than done since false assumptions can just aggravate the situation. Only because a spouse was abused by his or her ex-partner does not necessarily mean that the kids are being targeted now.

There are cases where a child may express unhappiness in seeking attention or to manipulate the existing situation.

Trust their gut feelings

A parent should contemplate the subtle signs that hint towards child abuse. A divorced parent should never ignore their instincts. Abused and divorced parents have already gone through abuses in the hands of their former spouses and so they have a fair idea of those symptoms. When parents separate, kids may respond differentk0ly. A divorce may not know about the kid getting nightmares all of a sudden, wetting bed or performing badly in academics may be the outcomes of being abused or separation.

Get in touch with an expert

If the child is really being abused, it may not be a wise idea to handle the situation all alone. Rather consult those people whose expertise will be helpful. There are several divorce lawyers who also specialize in matters related to child custody. So, since the safety of the child is at stake, such parents should approach those attorneys who deal with cases related to child protection services. However, there is no such assurance that such cases will come out with proofs of abused. An experienced lawyer has the necessary expertise to channelize a case towards instant action.

However, all child-related issues may not necessarily mean abuse or neglect. Both the parents are equally responsible for upholding and working in their children’s best interests. In the case of child abuse, what matters most is to trust the gut feelings and get help before things get worse.

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.  

Top Divorce Survival Tips

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmThe decision to get a divorce is not an easy one even though the couple or a spouse has contemplated the pros and cons of it for many days before making a decision. Emotions like fear, uncertainty, distress, anger are very common when the divorce is filed or it has been finalized. A divorce may take a toll on the husband or the wife’s self-esteem too. Here are some important divorce survival tips to start life fresh once again.

There is hardly anyone who is ready for a divorce

Divorce is not an easy affair at all both legally as well as emotionally. In case you feel uninformed, intimidated and baffled, you need to understand that you are not the only one to go through this roller coaster ride of emotional after all there is rarely anyone who is prepared for a divorce. The exception to this is perhaps the therapists and the divorce lawyers who work with couples on the verge of getting divorced.

The good news for you is that that there will be no dearth of helpful information and useful advice that are easily available on the net and the community where you live. However, before listening to such advice and suggestions, it is imperative to ask yourself about what should be your first step. Do not worry about what others are advising you to do first. Rather, try to figure out that knowing and intuitive voice telling you what should be your next step all about.

Do not neglect your body

Though this may sound cliché and quite obvious, many people try to overlook their fundamental requirements while they are under stress.  These basic needs include decent hours of sleep, regular exercise, healthy and balanced food. When you are physically well, it lays down the foundation for your emotional and mental well-being. Hence, male sensible decisions for your well-being in the coming months and says.

You need not give explanations to anybody

Just remember that you are not answerable to anyone and everyone’s when you start telling people around you about your divorce, they may ask you “why” so.  But most of the times, these people for not ask such questions because they are worried about your well-being. Rather they do it out of curiosity and to get more information. Another reason could be that such people are apprehensive about their own marriages. That is the reason why they want to compare their experiences versus yours.

Self-assurance is crucial

There are different kinds of losses associated with a divorce. It could be the end of a dream, a particular kind of a lifestyle, a home and a marriage. There could be loads of uncertainties and insecurities with respect to your child custody, living arrangements, and finances in the future but whenever you feel down and insecure, you need to assure yourself that you have everything you need.

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.  

Child Custody Issues For Gay Couples

Posted by: Gerald A. Maggio, Esq.

Gay marriage domestic partnership attorneys in Orange County; The Maggio Law FirmSame-sex couples now enjoy most if not all of the benefits that heterosexual couples do. Marriages have now become legal for gay couples and so has adopting children. However, the question of whether gay partners can be good parents or not is not an issue.  Research has established that being good parents has nothing to do with gender.

Like every other couple, homosexual couples have their problems too and sometimes it ends up in a divorce. Divorce laws are the same for homosexual couples as it is for heterosexual couples.  But custody battles can be more complicated than other issues.

If one is the biological parent

If one of the partners is the biological parent of the child, then chances are high that custody will be granted to that parent. It is also the case for heterosexual child custody cases. It is regarded that biological parents have more right over the child than other individuals. Also, the second parent is not expected to pay anything financially to either the child or the partner. And visitation rights also differ. In most cases, the other parent is not allowed to have any visitation rights but this can be changed depending upon what the legal guardian wants.

If none of them are related to the child

If none of the partners are biologically related to the child and have gained parenthood through adoption, then the laws are the same as it is for heterosexual couples. But again, in terms of emotional attachment, it becomes either of the parents to part ways with the child. It holds true for both partners and often, it makes custody cases difficult. In California, the child’s preference is considered and custody is awarded to the parent who is more deserving.

Conclusion

Child custody issues are an important part of divorce and in some cases, it can be a complicated one. Especially when the child belongs to homosexual parents. Custody depends a lot on the biological relationship with the child. If either of the parents are related to the child, then chances are high that custody will be awarded to that parent. However, if none of them are related, then both have equal rights to get 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 process.  

Does Your Divorce Affect Your Vehicle Insurance?

Posted by: Gerald A. Maggio, Esq.

divorce lawyers in Orange County; The Maggio Law FirmAny couple that files for their divorce has to also deal with the proper distribution of their marital assets. But, there is something that many people do not consider. They often overlook the impact of the divorce on their car insurance. Divorce can affect various aspects of the couples’ car insurance including changes in rates to buy a new insurance policy.

Relationship between premium and marital status

The premium for your car insurance policy is the amount that should be paid by you to insure your car against damages including caused due to accidents. However, it is important to note that the premium rate is not same for everybody. In other words, there could be different rates for different people, state to state and even city to city. Insurers will take into account various factors to determine the premiums for the policyholders. But, it is true that your marital status may affect the rate of premiums directly as well as indirectly.

Single versus married

As per a study made by the Insurance Quotes, married people usually need to pay lower premiums as compared to their single counterparts. For instance, a married man who is thirty-five years old may have to pay as much as 3 percent less in some States for their auto insurance as compared to a single man, who is of the same age. On the other hand, a 35-year-old single woman has to pay 2.75 percent more than her married counterpart of the same age. The reason for this is it is statistically proved that married people’s involvement in auto accidents are fewer than in married people.

Indirect effects of divorce on car insurance

The car insurance premiums can be indirectly affected by a divorce too.  For instance, in many states, men have to pay higher rates of premiums as compared to women. So when a woman is single once again after her divorce, her premium may lower after the divorce comes through.

The place where you start living after your divorce got finalized may also alter your premium.  Premium rates for car insurance are more for all those people who live in urban areas as compared to the suburbs. Moreover, premium rates may not be same for two different suburbs.

There could be also an increase in premium rates since the multi-driver discounts or discounts for purchasing more than one policies will no longer be available to you after your divorce. Such policies include both homeowners’ policies and car insurance policies.

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.  

Parenting Plans for Non-Parents Granted Custody

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce attorneys; The Maggio Law FirmOne of the most important issues of divorce cases is the issue of child custody. Often, parents who can’t agree on a common ground, have bitter child custody battles. It not only leads to psychological issues in the child and parents but it also destroys the relationship between the three people. Sometimes, child custody is awarded to a third party like grandparents or any close relative. Who the child goes to depends on the relationship he/she shares with the child and whether the child enjoys that relationship or not. Because in California, a child’s preference is considered over everything else.

If you’ve just been granted in a custody case and you’re not the biological parent, then here are some of the parenting plans which you should keep in mind.

  1. Take care of finances

In your parenting plan, this should be the number one thing. You must keep separate finances for the child’s future and education. Because you never know what tomorrow has in store for either of you. This becomes important in cases where the child had poor parents or who weren’t making substantial amount of money.

  1. Take care of psychological issue

Trauma and other psychological issues are common in children who go through a parent’s divorce. You must ensure that the child under your care is not exposed to nay more trauma. Avoid any discussion that involves his/her parent’s divorce. Spent more time, have fun and enjoy yourselves.

  1. Keep visiting hours for parents

Despite how their relationship might have been when they were together, it’s important for you to keep visiting hours for the parents. The child should not completely lose contact with his/her biological parents. Even if the parent is in jail or a psychiatry hospital, it’s still important that he/she sees his/her parent.

Child custody cases are important issues and need to be dealt with seriously. Child custody battles can sometimes turn ugly and both parents might end up losing custody. In such cases, the custody goes to a third party. For third party parents, a parental plan is equally important as it would have been for the biological parents. A parental plan will ensue that the child is taken care of in the best way possible. Along with other important things, the plan should include finances and visiting hours for the biological parents.

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.  

Should You Opt for a Legal Separation Rather than a Divorce?

Posted by: Gerald A. Maggio, Esq.

Divorce Attorneys in Orange County; The Maggio Law Firm, Inc.There are many couples who opt for a legal separation instead of a divorce. There are distinctions between legal separation and divorce, and it is important to understand their meaning so that you can ask the right questions while contemplating your future options.

Before going any further, you need to understand the meaning of a legal separation. This is a special binding agreement through a court’s order which will define handling of different types of financial matters such as liabilities and assets when a spouse opts to lead a separate life from his or her spouse.

Why should you prefer to be legally separated rather than getting divorced?

There are many couples who prefer separation over divorce for a host of financial, logical and personal reasons. The personal reasons could be when both the spouses decide to stay separately for some time to find out whether they really want their marriage to end or not. Moreover, there could be religious beliefs, which treat divorce as an unacceptable option or the desire to live a separate life while protecting your financial future.

Alternatively, there could be certain financial and logistical reasons to opt for a legal separation rather than going for a full-fledged divorce. Check out some of them:

  • You may be in a position to get spousal benefits like health insurance, which will not be possible in case you were divorced.
  • When you are living separately on a trial period, you could be worried about the debts being accumulated by your estranged spouse. When you go for legal separation, your financial liability gets limited and assets that you procure moving forward are protected.
  • It is possible for you to get tax benefits when the marriage is terminated and you can continue filing your returns jointly. Any kids born while you are in the phase of separation is regarded as legitimate by the law since the couple’s marriage is still legal. But it also means that during your legal separation phase, you cannot marry someone else.
  • Though you and your spouse may have come to an agreement to live separate lives, it is less expensive when both of you share the same house. So, you opt to be legally spared over divorce.
  • A spouse gets protection from being deserted, that is the ground for divorce in several countries or states. This signifies that if you live separately without an agreement, charges of abandonment or desertion can be brought against 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.  

When Should You Opt for Mediation Over Divorce Litigation?

Posted by: Gerald A. Maggio, Esq.

Orange county divorce mediation attorneys; The Maggio Law FirmIt is never easy to go through a divorce. This it true even when you are splitting from your spouse in the most amicable manner. Moreover, it can be emotionally taxing while coping with the logistics. The stress is further compounded by expensive and lengthy court proceedings. A desire for getting out of these stressful formalities that are associated with a traditional divorce process is resulting in an increasing number of couples going for an alternative form of dispute resolution: divorce mediation.

When should you consider mediation as your choice?

Divorce mediation is regarded as appropriate in those situations when both the parties are ready for negotiation and do not have qualms about compromising with each other. While it is true that all the differences and disagreements will be there to resolve while the mediation process is going on, there are many couples who are really okay to sort out such differences by interacting with each other. These couples will derive the maximum out of a mediation process.

Now, there will always be cases where the only option is to go for a litigation. It is a logical process to go through a trial when one of the parties is not ready to budge from their unreasonable demands, hostile to the other party or is not ready to negotiate. Such issues are common in scenarios like abandonment, abuse or adultery. Mediation is not likely to succeed in these cases and it is necessary for the court to intervene.

How does divorce mediation function?

The process of mediation is a way to resolve a dispute where there is no intervention from the courts. It is a scenario when a couple is okay to communicate directly and discuss all the crucial issues that surround their impending marriage dissolution. This hammering takes place during a mediator’s presence. The issues may range from spousal support, agreeing on matters regarding their children, resolution of visitation and custody issues to retirement and division of the properties.

When an impartial mediator or a third party is present, the couples are not negotiating details on their own. A mediator’s role is to facilitate communication and chair over such discussions between the two parties. He or she attempts to offer neutral and unbiased guidance to both the spouses and eventually guide them to draft a divorce agreement acceptable to both of them. The expenses related to the mediation procedure is ideally split between both the spouses.

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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