5 Things That Should Be Included In A Parenting Plan

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmGoing through a divorce is difficult for some and many undergo psychological pressure and stress. One of the main reason for that is the custody battle. As the divorce proceeding takes place, the threat of losing your children’s custody looms large. Every parent wants to spend time with his/her child and wants full custody after divorce. However, California courts will look into what’s best for the child and other factors before making a decision. That is why parents should come up with a great parenting plan so that both of them are satisfied and get substantial opportunity to spend time with their child. Here are five things that is absolutely necessary for a parenting plan.

  1. Fair parenting time

Kids are highly prone to psychological stress and to avoid that, make sure that both of you spend equal amount of time with your kid. You can also do it together if you want.

  1. Give importance to visitation hours

Visitation hours is the time when you will be quality time with your child. So, make the best of it. Have fun with your child and make them feel that they’re not being ignored.

  1. Power to change the plan

Situations change and sometimes it’s not in your hands to control the situation. A great parenting plan is flexible and should be changed if the situation demands so. Remember that the change should happen for the good of the child and not because you or your partner want it changed for your benefit.

  1. Dispute resolutions

Try settling disputes on your own instead of going to the court. A good parenting plan should be made in a way that helps settle disputes that arise due to custody and child care.

  1. The child should be the main focus

The reason why the parenting plan exists is because of the child and if the child is ignored then there’s no point of having a plan at all. Instead of building a parenting plan according to your convenience, make it around your child’s comfort.

Conclusion

Divorce becomes a tough issue when children get involved. Custody battles can be difficult for some and to avoid psychological stress and other problems, they must create a parenting plan that works best for everyone. The plan should especially cater to the needs of the child and both parents should devote the time and energy to look after their child.

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 Foreign-Held Property Subject To Division In California?

Posted by: Gerald A. Maggio, Esq.

Best Orange County divorce attorneys; The Maggio Law FirmOne of the biggest headaches of divorce is property and asset division. Although California has strict guidelines for marital and separate property, it still becomes confusing as to which property belongs where. A clear distinction is that property that was purchased during marriage becomes marital property and property which belongs to an individual becomes separate property.

For foreign held property, it becomes a matter of state laws and the country or state where the property is located. California is a community property state and property and assets are divided equally between both parties. However, it may not always work for foreign held properties because California laws may not be applicable in other states or countries.

Community property

Foreign properties can be treated as community properties if you purchased them while you were in California. In that case, it will be treated either as marital or separate property depending upon when the property was purchased and under whose name was it purchased. California laws apply to you and your property and it is difficult to say whether the state or country will interfere with such laws. In most cases, it shouldn’t be a problem and you can treat your foreign property in the same way as you would treat other properties.

Quasi-community property

If the property was purchased in a foreign location while you were out-of-state, it is generally treated as quasi-community property. In such a case, California laws may not be able to reach the state or country where the property is located and must be treated with care. It’s best to work with an experienced divorce lawyer for such cases because often, things become complicated.

Conclusion

The question of how foreign property gets divided depends more on the individuals involved than the property itself. Also, the place from where the individual purchased the property also matters a lot. If the property was purchased when the individual stayed in California, it will be treated as a community property. Else, it will be treated as a quasi-community property. In either case, it’s a good idea to sit with a divorce lawyer experienced at handling foreign property disputes and settle out things like property, finance and debt division in foreign locations.

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 marriage qualify for an annulment in California?

Posted by: Gerald A. Maggio, Esq.

Best Orange County divorce attorneys; The Maggio Law FirmWhat is an annulment, and would it be better than getting a divorce? These are questions you should ask and know if you are considering divorce. Here are a few fundamental facts and essentials about getting your marriage annulled in California.

You can either have grounds to attain a civil or a religious annulment. Religious annulments can only be administered by a religious body like a church or an associated clergy member.

In a civil annulment, a family court declares null the validity of the marriage, which simply means that the marriage really wasn’t reasonably genuine or grounded.

Acknowledged grounds for an annulment in California

California Family Court supports the following legitimate grounds to request annulment:

  • Incest or blood relatives – Cases where the couple married are related by blood, the marriage isn’t ever considered legal or legitimate, and a family law court in California would grant an annulment without contest.
  • Bigamy – When a spouse is married to another individual before officiating vows on the second marriage, an annulment will be granted. Such cases are classified under bigamy or bigamous relationships which are unlawful.
  • Below the age of consent – In case the age of the partner requesting an annulment was under 18 when entering the marriage, an annulment would be granted by the courts.
  • Coercion – If either party was under duress when agreeing to marry the other, either physically or emotionally, the marriage can be annulled.
  • Mental illness or unsound mind – If either spouse is mentally challenged and is thus unable to understand and uphold the responsibilities and nature of a marriage, an annulment could be agreed on by the court. At times, severe intoxication could also be considered within an unsound mind argument.
  • Fraud – When either party has deceived the other in regard to the intention behind the marriage, being based on anything other than love, it can be annulled. A common instance of a fraudulent marriage would be one entered to gain citizenship.
  • Physical inabilities – An annulment could be granted if either party suffers from a physical condition that prevented the marriage to be consummated or if in case the partner suffers from an incurable condition that inhibits sexual intercourse between the couple.

The party requesting an annulment must provide sufficient proof and evidence to support claims that any one of the above listed reasons to be true at, and or, during the time of marriage.

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 Issues To Include In Determining Child Support Orders

Posted by: Gerald A. Maggio, Esq.

Divorce attorneys in Orange County; The Maggio Law Firm, Inc.It can be quite complex to cope up with the various major decisions to be made in consultation with your former spouse after your divorce. Some of these could be how to divide the expenses of your children, getting adjusted to a new living condition and visitation arrangements. Things could get messy sometimes. The calculation for the base child support is usually done according to the guidelines laid down by the state where you are residing. It is on the basis of these guidelines that parents need to come to an arrangement on how the child related expenses should be split between both of them. Though it may appear that the allocation of payment responsibilities are simple and fast as far as child related expenses are concerned, certain topics may get overlooked during the planning phase. It makes sense to plan for the future of your child as many expenses come later in their lives.

Costs related to child care and summer activities

The child support payments that you are likely to receive from your ex may not cover expenses related to childcare. So, both the parents should address and manage these costs all through the year. There are several after school childcare or daycare facilities that bill only to one parent. So, both the parents need to share such expenses. You need to keep track of these monthly fees by maintaining proper records so that the shared costs can be managed in a better manner.

Equal division of medical expenses

Many people do not realize that medical expenses can come up from unexpected quarters and so it is imperative that you have a comprehensive payment plan so that conflict with your former spouse can be avoided as much as possible. This plan should include the ways in which your ex and you will handle insurance. It should also outline who will be responsible for paying the premiums. While these minor expenses may seem insignificant initially, when one of the parents has to pay most of them, conflicts and arguments are unavoidable. Medical payments and records are. Racial for the parents so that they can track the payments made. Additionally, there could be certain unexpected incidents that are not planned by the divorced parents. These events may include a fresh prescription, sick days, which could be accompanied by extra costs or emergency situations.

Costs for the present and future education of your children

Both the current as well as future plans for your children’s education should be included in the financial discussion that you have with 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.  

How Long Should You Wait After Separation To Get A Divorce?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmThe answer to this question is not an easy one as it depends on several factors. The very first thing people should do is to check local laws in the state they are residing for knowing more about legal separation periods. The laws may be different from one state to another with respect to the time period for which you and your spouse should be separated to file for your divorce.

Thus, it makes sense to consult a lawyer or do some research on the state where you live beforehand. Apart from these reasons, there are emotional and psychological elements determining how long the couple would like to stay separately before taking the final step. There are many couples for instance who are legally separated for several years and do not intend to begin the divorce process.

Is your decision to divorce your spouse clear?

There could be several reasons for a couple to decide for a separation. Plus, there could be different outcomes coming out of a legal separation. On various occasions, couples decide that they should reunite and even find that their relationship has evolved to be stronger than ever before. On the other hand, there are couples who realize that the process of separation further escalated the stress and conflicts in their marriage. Some couples find out that the period of separation made them experience emotions like shock, denial or numbness.

Very often, it is natural for the estranged couples to go through a roller coaster of feelings during their separation when their divorce proceeding starts. Human temperaments can be quite volatile. So it is not unusual to lose emotional control. Thus, for some couples reaching a final decision may be a difficult one to make. You and your partner can take as much time as you both want to provided it is witin your state’s legal guidelines. On the other hand, some clients are known to complain that the process is too lengthy, particularly when somebody is clear about going ahead with a divorce.

It is important to take care of the logistics

It is another crucial factor, which has a role to determine how long a separation should last prior to start divorce proceedings. Some of the logistic factors, which may drag the time period of a separation include illness of a family member and when a spouse needs to stick to a certain healthcare plan.

Irrespective of how brief or lengthy a separation period is, it can be quite stressful for several couples. So, it makes sense to create or join new options for social support during this trying period.

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.  

Common Divorce Tips for Fathers

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyer; The Maggio Law FirmIf you are in the divorce process as a father, there are certain important points that you should try to follow so that the transition process is a smooth one. Here are some of the most common divorce tips for dads.

There should be an open communication between you and your soon to be ex-wife

When you and your wife divorce in an amicable manner, the process becomes a smooth one. When partners are able to treat one another in a civil manner, there are fewer miseries and heart breaks during the divorce process. Often, if there is emotional pain, it may have a deep impact on the ability to judge things and make decisions. It also ascertains how your life will be post the divorce. So, have a check over your anger and also try to be respectful towards your ex-wife. Kids may lose faith in their parents when they do not validate their emotions or refuse to share any concern Condole your child when they cry. Try to convince them that you emphasize with them though you may not agree with their feelings. It is natural for a kid to take sides and to show favoritism towards one parent when the divorce is going on. It is also not unusual that your children will go through a range of emotions like fury, fear and confusion while the divorce proceedings are going on. As a result, your kid can say certain hurtful things even though they may not mean them. It could be extremely painful for you to let your kid vent her/his emotions, especially about the divorce. However, it also means that it is an important step towards building trust. When children start trusting their parent, they also start valuing their relationships with their mothers and fathers.  Your children should be always in a position to trust you.

You should be ready to negotiate

You will have to negotiate the legal issues of the divorce with your life. But the process of negotiation with your former wife and your kids will continue for several years. If you can negotiate properly during your divorce process, you can sort things out of a divorce court. When you take the help of a mediator and do what is fair to all the involved parties, you can have a hassle free divorce. Irrespective of what kind of child custody is awarded to you, occasions will be there when you get to spend some time with the children and visit them. These occasions should of top priority to you. The ideal outcome should be when your kids get an opportunity to spend equal time with their mother and father.

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.  

Ways to Help Your Kids Cope After Your Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyer; The Maggio Law FirmWhen you are going through and also after divorce, here are some ways to be a good parent and limit the adverse impact on your kids due to your divorce:

Should engage in a harmonious co-parenting, which benefits your kids

There are parents who are known to co-parent effectively until the time their kids become 18 years old.  However, there are a lot of events in your children’s lives even after they turn 18 where both you and your ex-spouse need to be involved as parents. Your little ones will be graduating from their colleges one day, get married and become parents themselves. Thus, there will be several such occasions where divorced parents are still expected to continue co-parenting even after their kids become adults. You can get in touch with a reputable parenting coordinator so that an effective parenting plan can be devised to serve the requirements of your children and then, co-parent.

You should not complain about how things are at the home of the other parent. Moreover, do not intervene even if your kids remain awake till late hours at the home of their other parent. Effective co-parenting means to be cool with how your kids are taken care of in their other home and trust that your children are happy and safe while they are at your ex-spouse’s home.

Try to build up a civil relationship with your former spouse

Your kids should not be used as pawns by you to get even with your ex. Moreover, they should be kept out of any type of hurt feelings or problems due to your divorce or marital problems. Every mother and father has a deep influence in the lives of their kids. Children can only become healthy and good human beings when they are positively influenced by both their parents. Moreover, your children should have an equal contract with both you and their other parent even after the divorce. Do not try to alienate your ex where the children are concerned. When you truly love your kids, you need to ensure that they have everything they require though you do not share a good relationship with your former spouse.

You should not express your negative feelings about the other parent in front of the children

Look for an alternative outlet when you want to vent out your grudge and emotions about your ex, your friends, family members are a professional therapist can give you better support than your kids. After all, your kids are definitely not equipped to cope up with your negative emotions.

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 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.  

 
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