Why Divorce Is So Common Among Celebrity Couples

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmEvery marriage takes work. Just meeting and marrying someone you are in love with doesn’t automatically mean you will live happily ever after. Every married couple experiences some ups and downs in the marriage and it is how we handle the downs that decide if the marriage will work.

Celebrity marriages 

Celebrities like Hollywood A-listers might live larger than life but at the heart of it they are human too. They too have good days and bad and also have moments of vulnerability like the rest of us.

Along with high paying jobs also comes a lot of pressure which could put a strain on their personal lives. Working in a highly competitive profession, spending a lot of time away from home, and spending a lot of time with attractive costars can make celebrity marriages hard work.

Here are some of the things that can go wrong in a celebrity marriage:

  • The demands of the profession: Actors and singers often have to travel to film movies or give concerts. It is not always possible for their spouses to travel along with them especially if the spouse also has a packed travel schedule. Celebrity couples often drift apart because they barely get to spend any time togethe
  • Competitive jobs: With so many new comers to the acting and singing industry each year, celebrities have to constantly up their game to stay relevant. It is not uncommon for jealousy to set in when one spouse’s career is doing extremely well while the other is struggling. Resentment could build up in the marriage which could ultimately lead to a divorce
  • Insecurities and cheating: When a celebrity spouse is away on concert or shooting for a film there is a good chance they are spending a lot of time in close proximity with attractive costars. This could lead to the spouse who is not present developing insecurities about the relationship. In many cases these insecurities are not unfounded and affairs do actually start on set. Cheating and the constant fear of it are detrimental to a marriage.
  • Emotional and mental strain: Many celebrities are prone to depression and anxiety because of the demands of the job. Lack of sleep, no emotional support when away from home, tight schedules can all lead to emotional and mental breakdowns. What starts off as prescription medication to help cope with the strain can lead to substance abuse which could damage a marriage considerably.

Celebrities very often have to give more to their jobs than they do to their personal lives. With no time to make the marriage work combined with all the other pressures of the job it is no wonder that divorce rates are high among celebrity couples.

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.  

Divorcing Parents And Understanding Parental Alienation

Posted by: Gerald A. Maggio, Esq.

family law attorney Orange County; The Maggio Law FirmWhen one parent tries to turn a child against the other parent it is called parental alienation. Parental alienation can occur in a divorce especially if there is a custody battle going on.  Sometimes one parent hopes to gain full custody of the children by poisoning their minds against the other parent and hoping the children will choose not to stay with that parent.  Behavior that amounts to parental alienation can and usually does  backfire and you could lose custody in the process if proven.

What happens during parental alienation? 

There are three sides involved in parental alienation; the alienating parent is the one who is poisoning the child’s mind, the target parent is at the receiving end, and the child or children caught in the middle. When a couple has divorced they might get joint custody of a child or one might get full custody and the other visitation rights. In a case where one parent is not happy with the arrangement and wants the other parent out of the child’s life completely he or she might resort to parental alienation.

If for example the mother who has custody doesn’t want her ex involved with her children in any way she might tell her children unpleasant things about their father. Talking about their father as irresponsible, lazy, abusive and maybe even violent could make the children not want to see their father again. It is possible that the mother is not wrong but there could be a different way to approach the situation like supervised visits or requesting that the father get rehabilitation.

The other scenario is that the mother is making up a lot of things just to turn her children against their father. But what she is doing in both cases is depriving the children of one parent and also causing them a lot of emotional distress. Constant alienating tactics could emotionally scar children for the rest of their lives.

What are the consequences? 

If it can be proven that the alienating parent is emotionally damaging the child or children it is quite possible that Child Protective Services could remove the child from his or her custody. Alienating a former spouse simply to eliminate them from your life completely could cost you losing your kids altogether. Parental alienation can be considered a form of child abuse and the parent responsible might lose all contact with their child or children as a result of it.

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 Make Your Custody & Visitation Proposal

Posted by: Gerald A. Maggio, Esq.

orange county child custody attorneys; The Maggio Law FirmWhen getting a divorce where children are involved it is extremely important to have a custody agreement that is best for the child. Whether you decide to have shared custody or one parent has primary custody and the other visitation rights, a consistency should be maintained.

When making your custody and visitation proposal, here are a few points that you should consider:

  1. Time spent with each parent: It is not always possible or even realistic for children to spend the exact amount of time with each parent every week. The schedule needs to be planned carefully so that both parents get sufficient quality time with the kids while not disrupting the regular school and extracurricular activity schedule. Drops and pickups should be considered while making the schedule. If the schedule causes one parent to get a little more time with the kids it would help immensely if the other parent let it go without holding a grudge. The best interest of the children needs to be the priority. 
  1. School breaks and vacations: When children are on a school break their schedules can be adjusted so that time away from school is shared between both parents. An understanding needs to be made that if one parent is taking the kids on a vacation the other parent needs to be informed a few days or weeks in advance. The visitation time lost during the vacation should be adjusted either before or after the vacation. Plans can also be drawn up where each parent takes turns to take the children on holiday. 
  1. Birthdays and other occasions: As far as possible parents should try and work things out so that they are both present for birthdays, sports events, graduations and so on. It is important for children to have both parents be part of their big moments so parents should try and bury their differences and be civil to each other when being there for their children. There should also be guidelines in place for what needs to be done if a child or parent is ill and the schedule gets disrupted. 
  1. Legal requirements: The different states in the US have their own set of requirements for visitation proposals. You will need to consult with your lawyer to make sure that you are meeting all the criteria so that your proposal gets accepted by the authorities.

In California, a preference is given to shared custody and if one parent wants full custody they need to present a good case of how it benefits the children. The courts also require the full schedule of how the children’s time is divided between school, home and each parent before they approve the visitation proposal.

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.  

Facts You Should Know About Legal Custody

Posted by: Gerald A. Maggio, Esq.

Best Orange County divorce attorneys; The Maggio Law FirmThe term legal custody refers to a situation where in a parent is entrusted with certain obligations and rights to make important decisions on how they should bring up their kids and other important factors relevant to the welfare of their child. Some of these can be dental and health care, religious instructions, and proper education.

Joint legal custody 

Most states like California award legal custody of a child to both the parents in disputes related to such cases, which is known as joint legal custody. Joint custody signifies that both the parents will shoulder the responsibility of their child. However, a parent may not be awarded such responsibility if the court finds out that they are unsuitable to make decisions in the best interests of the kids. Legal custody and physical custody are completely different ball games altogether. The latter is more concerned with where and which parent a kid will stay after the divorce.

There are different forms of legal custody. Usually, only one parent functions as the key caregiver in the marriage. It is applicable irrespective of whether the marriage is intact or where the parents got divorced. Examples could be to authorize in case of any type of medical exigency or make a decision at the last moment for the welfare of the child. Although the other parent is allowed by the court to participate in the decision-making process, parents should put their heads together and try to arrive at an amicable arrangement for handling the affairs of their child in a practical manner.

Why does a court award sole legal custody? 

Several complications may pop up in the case of a joint custody. It may not be possible for both the parents to collaborate together and arrive at a consensus. After all, misunderstandings and arguments are not something completely unheard of. Decision-making may become next to impossible when there are vigorous arguments while settling even the simplest of issues.

The judges would like to see both the parents contributing and working together towards the best interests of the child. But when they feel that both the parents are at constant loggerheads when they have to manage the affairs of their offspring, they will make a decision that is in the best interests the kid.

The court may give sole custody to one of the parents when the other parent:

  • Resides at a far-off distance.
  • Is highly abusive or negligent.
  • Does not make any kind of effort to spend some quality time with their friends.

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 Know About Restraining Orders

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyer; The Maggio Law FirmA domestic violence restraining order is described as a court order which assists to protect individuals from threats of abuse or any abuse from a person who is a close relation. You can request a domestic violence restraining order in case a person has threatened to abuse or even abused you. Remember the law states that you and that person must share a close relationship. This is applicable if you are a registered domestic partner or married or divorced or separated. It is also valid if you used to date the person or dating that individual even now. You two could live together in the present or in the past. The person could be one parent of your child or a closely related individual like a brother, in-law, grandmother and grandfather.

Filing orders

In case you are one of the parents and the person being abused is your child, you will be within your rights to file the restraining order in-lieu of the child.  There can be instances when people battered by domestic violence does not meet the requirements of domestic violence restraining order. In such cases, it is okay to request a civil harassment restraining order. This order can be applied on neighbors, coworkers and distant family members. If the person being abused is aged 65 or older, or between the ages of 18 years and 64 years, but a dependent adult, then the elder or dependent adult abuse restraining order can be applied. An employer can protect an employee in the office through workplace violence restraining order. This will protect the said employee from stalking or violence perpetrated by another person. If you are unsure of what restraining order you should get, consult a lawyer.

Function of restraining orders

A restraining order is an order from the court. It can instruct the person who has been restrained to not visit you or even go near you. That person will be barred from seeing your children, relatives and others who stays in your house. He or she will be ordered to stay away from the children’s schools.

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 Protect Yourself From An Unreasonable Former Spouse

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmYou have signed the paperwork and have been through with the process of divorce, it is now final. Moreover, it is a fresh beginning for you and time you move ahead once again.  However, that may not be the case always for all. There are many such instances when a former spouse has been able to take this transition with a punch of salt and may behave irrationally or harshly. In such cases, the conflict between the two may continue even after the finalization of their divorce and unreasonable behavior may prevail. When your former spouse is unreasonable, they may make your children and you quite miserable. If there is a conflict between your former partner and you, they can use issues like child support and child visitations tools. While it may not be possible to control such an errant partner’s behavior, you can still how you should respond to such behavior. It is better to take a proactive stand while interacting with your unreasonable spouse than giving in and giving up.

Try not to engage into conflict with your ex

The conflict may become more severe if you continue to engage in it. When your ex-makes unreasonable demand sand you respond defensively, you are actually rising to the bait and the conflict may further escalate. In case your spouse sends you harsh emails with threats of separating your kids from you or writes something that makes you feel concerned, do not give any reply. When you do not respond, your ex will be stopped in his/her tracks.

Do not feel concerned or bother yourself with what is being said

Certain words can be quite hurtful. Your hostile former spouse might bad mouth you and spread nasty things about your behaviors and character. You may naturally feel inclined to retaliate to such lies about you. However, just responding to their words would not put an end to those lies. When you lash out the world may feel you are being unreasonable too.

Do not surrender just because you are scared

Your ex-spouse is the person who perhaps knows you the most. Such knowledge may give them the necessary weapon to torture you. Your fears and weaknesses are known to them and they can push these buttons to demand what they desire. Controlling you could be a powerful tool in their hands. A hostile ex may manipulate situations to their advantage by making you anxious and controlling you. So, do not let them use your weaknesses and fears to their advantage and try to rise above your fears and apprehensions.

Getting an Orange County divorce 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 Move Forward With Your Decision to Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmYou may be in a state a shock and stuck with going ahead with your divorce for several reasons. Fear is one of the prime reasons that may make you feel uncertain and hesitant about your big decision. After all, divorce is a big change in one’s life where no one likes to be in. It will make you come out of your comfort zone that you had been used to and were familiar with. No matter what kind of emotions you are going through, it is crucial to know that what you are going through is not unusual. But such dilemma and emotions are temporary in nature.  As you take your initial steps in this journey, you will be able to have a control over these feelings and the healing process will gradually start.

Below are some of the ways to move forward with your decision to get divorced.

List down all those negative emotions that are making you indecisive and confused

You should try identifying and making a list of your top three fears that are holding you back to proceed with the divorce. There is no harm in feeling the fear but list down the steps you should take so that they do not become a reality. Finding out solutions is the only method to combat fear.

List down all the reasons that will point out why divorce is the best possible step for you

Each human being is unique with his/her own skills, talents and strengths. As you move towards the decision of taking a divorce from your partner remember that you have every right to do something that is in your best interests. You will feel more motivated and strong when you concentrate on your strengths rather than focusing on your fears. It is important to have faith in yourself and be prepared to cope with whatever awaits you while your divorce proceedings continue. Try to overcome your fears by embracing your potential.

Have a proper support system around you so that you can move forward with confidence

Your close friends and supportive family members are going to be a great resource of strength while the Orange County divorce proceedings are continuing. So, surround yourself with people who you think will stick to you in your difficult times since you could be feeling vulnerable and somewhat lost. You need love and affection, which your support system can give you in abundance. When you start leaning on your dear ones during such trying times, your transition period will be much easier and you can attain your goals with great ease. So, after you have your network of support system in place, have found out your biggest fears and learned how to fight them, it is time to get ready to end your 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.  

Why Do You Need To Have An Agreement For Legal Separation?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmMany legal experts feel that when a couple decides to separate, they should have a proper agreement on legal separation. After an agreement is signed by a judge, the couple will get a temporary order from the concerned courts it is an order that mentions the responsibilities of both the parties while they live separately and prior to the finalization of their divorce. However, if the legally separated couple does not want to proceed with the divorce, either party can as, their divorce lawyer to keep the divorce on hold.  But even while being legally separated, the spouses can enjoy similar legal protections, courtesy to that temporary court order in states that allow legal separation. Here are some of the reasons why it really makes sense to have an agreement while being legally separated.

For setting up a schedule for child visitation

When you have kids from your marriage, it is imperative to fix a schedule for the visitation of the other parent though you live separately. An agreement for legal separation can define such a schedule and also outline who will have access to the kids when they are in the custody of your spouse, where the kids will reside if they are not given to you Andorra they can travel or not even though you will not give consent to do so. Thus, such an agreement can help you to protect your parental rights.

When you need child support

In case there are children, you can only demand the child support with the help of a court order. When the state where you reside permits legal separation, the calculation for the child support can be done as per the child support guidelines of that state and becomes a part and parcel of the legal separation agreement between you and the other parent.

When there is big conflict between you and your spouse

When your spouse and you are having high conflicts and it is not possible for both of you to have a healthy dialogue with one another, such an agreement will highlight what should be expected from both of you while you are legally separated. When such clauses are mentioned in your legal separation agreement, further conflicts can be avoided and communication between the two of you will be better.

Low trust factor

When you are not sure to trust your spouse’s verbal commitments, a legal separation agreement can come to your rescue. Such agreements can be witnessed and signed by an unbiased third party or even a judge and can be produced in a court if your spouse violates any clause therein.

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.  

Tips for Moving On From the Gray Divorce of Your Parents

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmIt is a fact that the number of “gray divorces” has grown at an alarming rate, especially in the last twenty years. And yet, there are very few guidelines on how the adult children from these divorced families should cope up with their changing family structures and mental states. There are many such adult children who face loyalty conflicts since they are often compelled to take sides. And although these children may not have to take sides, they can be stressful while making an attempt to maintain proper boundaries, particularly when their parents are constantly at loggerheads with each other.

Check out the following tips if you are one of these adult children who want to move on from your parents’ gray divorce:

Control your urge to act as a friend, parent or mediator for your divorced parents

It is natural to feel sympathy when either your parents or both of them request you to resolve their conflicts or are expecting you to act as their mediator or counselor. But you need to be out of such parental disputes and let them know about your decision in clear terms.

 Create and sustain healthy boundaries

When both or either of your divorced parents are too much dependent and constantly want your support or are revealing excessive personal information to you, they should be told about your exact feelings. Likewise, if one parent is criticizing the other parent in front of you, it is time that you tell them not to do it.

Share activities with them that are enjoyable to all of you

You should not let the divorce of your patents determine your relationship with them. Make it a point to enjoy activities together and tell them that you do not want to discuss the matter of their divorce with them.

Your emotions should be expressed to your parents calmly and honestly

Adult children in general and daughters, in particular, may go through a lot of emotional upheavals when they get to know about the impending split of their parents. You should let your parents know what you feel about the entire situation rather than suffering silently.

Be cordial to both your extended families

In case you are serious about keeping an amicable relationship with the families of both your parents, then let your parents know this goal of yours. It is normal for adult children from gray divorces to feel an urge to develop strong bonds with their parents’ extended family members as it offers them the feeling of a closeness and belonging.

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 Are The Grounds To Annul A Marriage In California?

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce attorneys; The Maggio Law FirmThere are widespread misperceptions about a marriage annulment in the state of California. The reason for this is many popular cultural beliefs and religion has managed to throw inaccurate and differing views on annulments, especially with respect to the family law. There is a similarity between a divorce and an annulment in a way since both of them determine a couple’s marital status. However, there is a big difference between these two. While a divorce ends a valid and an existing marriage, an annulment declares that though everybody thought there was a marriage, it never existed in the first place. As far as the courts are concerned, a marriage that is annulled never existed at all.

Grounds under which a spouse can request to annul the marriage

In the State of California, there are a number of reasons or grounds on which the court could grant a request for a marriage annulment. Read on to know more about them.

  1. One of the spouses was married prior to entering into a second marriage. It is referred to as bigamy in legal terms.
  2. The couple has a blood relationship.
  3. The spouse who has filed for the annulment was below 18 years of age when the marriage took place.
  4. One of the spouses has committed a fraud for procuring the consent of the other party to the marriage. The fraud should have a strong correlation with the marriage. An example of this is when one party convinces the other to get married as the former had a secret desire of staying back in America.
  5. One of the spouses compelled the other party to get married.
  6. One party suffers from an incurable physical capacity. Ideally, the term is associated with male impotence, which does not allow the couple to have a physical relationship.
  7. When both the spouses and either of them is of an unsound mind. It refers to a condition, which stops the couple in question to appreciate and understand the marriage duties and nature like under the influence of severe intoxication.

The spouse requesting an annulment needs to provide evidence before the court that any of the reasons mentioned above was present when the marriage took place. However, if the burden is dissatisfied, the court may not grant the marriage annulment.

How to get an order from the court on marriage annulment?

The process for getting an annulment is not much different from obtaining a divorce. The court system of California has laid down a comprehensive set of instructions for requesting and opposing a marriage annulment. The California court system has specified a deadline called statute of limitations. It establishes the time limit within which an annulment may be filed. The reason for which an annulment is filed determines this deadline. It is always recommended to hire a good Orange County divorce attorney to help you out in such a case.

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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