How Prenuptial Agreements Can Affect The Lives Of Couples

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce lawyers; The Maggio Law FirmMarriage is an exciting affair especially when you know that you are going to spend the rest of your life with a special someone. Marriage is more than just a bond between two individuals. It is also a bond between two families. And as the bond strengthens, it is only likely that the couple will make plans for finances and assets to secure their future. But such plans are slowly becoming a thing of the past. Now, most couples want to secure their personal finances which include properties and other assets. And this has given birth to something called a prenuptial agreement.

A prenuptial agreement is a legal agreement made before marriage to secure personal finances during a divorce. As per divorce laws in California, properties must be divided equally among both individuals. Prenups can be helpful during property division, but it can also have neagative effects as well.

Prenups can be the result of divorces

A marriage is based on faith and trust and a prenuptial agreement is a proof of lack of both. The one who files for a prenuptial agreement doubts the other over property and assets. He/she does not trust that his/her partner will play fair if a divorce arises in the future. It is likely for a divorce to take place because of trust issues. The individual against whom the prenup is made feels cheated to some extent. A divorce in such cases can be initiated by either of the two partners.

Prenups can protect personal finances

Prenuptial agreements may sound bad but they were made for a good cause. Prenups protect personal finances and assets from unfair property divisions during divorce. A prenup prevents a California court from dividing a personal property which has been claimed by an individual in a prenuptial agreement.

Prenups can damage the relationship between families

As mentioned before, a marriage is a bond between two families. Sometimes, during prenuptial agreements, either of the couple’s families become upset. The reason for being upset is the same as that of the individual who must agree to the prenup agreement. Prenups make relationships bitter and most family members remember it long after the divorce.

Conclusion

Prenuptial agreements can be a good idea if you wish to protect your personal financial assets during a divorce. However, there are negative consequences and a lawyer should be hired to handle a prenup in the best way possible.

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.  

Gray Divorces Can Still Affect The Life Of An Adult Child

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmDivorces are never easy and each divorce has its own set of challenges. Gray divorces have become common nowadays and it has its own problems. Property division is one problem for every individual who divorces after the age of 50. Another problem is dealing with adult children. Adults behave much differently than kids do after their parents’ divorce. Despite being mature enough to understand what a divorce means, adult children often hate to see their parents staying apart. Since their childhood, they have seen both their parents living together and suddenly when they get divorced, the entire environment that they have always known changes.

Ways in which divorces affect them

Families play a huge part when it comes to divorces, especially those involving children. Children look up to their parents for love and support. But when they witness a divorce it deeply affects them. After a divorce, they don’t know whom to turn to for comfort.

Older children understand more about their parents’ divorce than their younger counterparts. They are sick and tired of having everyone explain to them what a divorce is and why it is needed. Moreover, they also understand that after the divorce they have to stay with only one of the parent. Emotionally and psychologically it becomes difficult for them to cope up with this idea.

Adult children have their own way of showing sadness and parents must understand that. They need to give enough time to their kids to cope up with the situation. It can affect studies and academic performance of the children.

Adult children know that a divorce means a change in their lifestyle and this can be tough for some to deal with. After a divorce, they realize that they won’t be seeing their parents together and this means a change in how things were in the house. The lifestyle change can have serious psychological effects on them.

Conclusion

Gray divorces come with many problems but none so big as dealing with adult children. Children are easily affected when their parents split. Adult children see divorces differently than younger children and the effect on them is also different. For some, the effects are very minimal but for some there are serious psychological effects. Parents who are undergoing gray divorce should understand that divorces are not only about them but it is also about their children.

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.  

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.  

Marital Counseling Is Advisable After Infidelity

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmYou may seriously reconsider whether staying together is a wise option when infidelity or betrayal hits your marriage or relationship. After all, when your spouse indulges in an act of betrayal, there is a possibility that something was amiss in your relationship to reach that level. That is because now one of the partners has disrespected the marriage vows. Is it still possible for both of you to work out issues of conflict and continue staying together?

It will benefit you to remember that both of you were madly in love once upon a time. So, you need to find out whether you still have affection for one another despite such a big issue. The issue of betrayal can be too big for both of you to handle. It is the ideal time when you may require professional to help you in particular. A marriage therapist may be also required by you at this stage in your life. Today, many people have started to realize that therapists can be highly effective when a couple is going through a rough patch in their marriage.

Marriage therapists are experienced and trained to help couples sort out their differences and repair the marital relationship. It is possible to rebuild your relationship or marriage and eventually emerge even stronger after such turmoil. Check out a couple of ways where your marriage can be saved through marital counseling after infidelity.

Improving communication

There could be a stage in your marriage when you and your partner stopped confiding one another in all matters, particularly the spouse who betrayed. The Infidel spouse may have used white lies several times to cover up their offenses. When a marriage therapist is hired, they can be helpful in ensuring that communication improves between both the partners. It is possible that the spouse who has been betrayed may use accusatory words. It is definitely not a conducive environment for an open communication. Each spouse is asked questions on sharing their feelings and emotions by the therapist. Counselors can also help the couples by using role plays so that they can communicate in a more effective manner. T

Marriage therapists can help the partners to reconnect

There are many occasions on which spouses want reconciliation but do not know how to do that. The spouse who has strayed feels afraid as they know that it will evoke strong responses in the mind of their partner. On the other hand, the innocent spouse may still want to continue with the marriage. A counselor or therapist may help these couples to reconnect with one another.

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.  

Have You Considered Divorce Mediation?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; The Maggio Law FirmIt’s nearly impossible to find two marriages that are identical and the same can be said of divorces. That’s why it is so important for couples considering divorce to start by researching their options: a collaborative divorce, a litigated divorce or mediation. Most are aware of the ideal represented by collaborative divorce. The trick is making it happen during a time when agreeing on important matters is more difficult than ever before. The inability to successfully manage a collaborative divorce ends with many couples in litigation. Yet there is another option that too many couples do not seriously consider: divorce mediation.

Divorce mediation occurs when a divorcing couple works with a neutral “mediator” in order to come to an agreement on all aspects of the divorce. In the ideal situation, the mediator should be an experienced family law attorney, but first and foremost the mediator must be neutral. They should not be an advocate for either party involved. It is also recommended that both parties consult with their own attorneys during the mediation and prior to signing the final divorce settlement agreement.

Before skipping the option to handle a divorce through mediation, consider the benefits that it offers:

  • Mediation can result in a better long-term relationship by avoiding court room battles.
  • Mediated divorce can be easier on any children involved since mediation typically leads to more peaceful proceedings.
  • For many, mediation is the fastest route to an agreement between parties.
  • In most cases, mediation reduces expenses associated with divorce.
  • Mediation keeps the control in the hands of the divorcing parties rather than the court.
  • Allows for discretion during the divorce process. A litigated divorce is public.

While mediation offers a number of advantages, it is not always the best answer. If you are attempting to determine if mediation is a likely solution for your divorce first sit and honestly answer the following questions. Do you think it’s possible your spouse may be hiding assets/income? Do you think your spouse is abnormally domineering/do you have trouble speaking up and voicing your opinions? Is there a history of domestic violence in the relationship? Do either you or your spouse have drug or alcohol addictions? If the answer to any of these questions is yes, a mediated divorce may not be successful.

Weigh your divorce options carefully. Every divorce is different because every couple and every family is different. If you are able to work together with your spouse to make decisions and both of you can be honest and reasonable, mediation can offer many benefits, but if you have doubts, there are other options. For help figuring out the options best suited to your specific circumstances, please get in touch with one of the experienced family law attorneys at The Maggio Law Firm today.

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 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.  

 
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