What Happens To Property After A Split Between Cohabiting Couples?

Posted by: Gerald A. Maggio, Esq.

best divorce attorneys in Orange County; The Maggio Law FirmCohabiting couples are two individuals who stay together under one roof but are not married. Today it has become a trend to stay with each other before getting married and an increasing number of couples are following this trend. During cohabiting, couples accumulate property that is jointly owned by both of them. However, during a split, they have difficulty dividing the property. Property division is a headache even for married couples and can become confusing. Below are some of the factors that help property division for cohabiting couples.

Palimony

Common law marriage is not recognized by California which means that cohabiting couples do not enjoy the same rights as married couples. Cohabiting individuals are however entitled to palimony during a split. Palimony is the division of assets and finances between unmarried and cohabiting couples. Palimony is not part of the state law and depends mostly on an agreement made by the couples staying together. For palimony to become effective, the partner who made the agreement must prove that before living together some sort of agreement was made between the two regarding property division.

Cohabitation property agreement

Creating a cohabitation property agreement is a good idea especially in the beginning of a relationship. This provides a proof that a certain arrangement was made prior to marriage. In such circumstances, none of the individuals in the relationship can make a false claim related to property division. Usually, cohabitation agreements include details about specific assets and to whom do they belong. It also includes bank account, credit card and insurance details. The agreement is a record of property discussions that were made when both individuals were free of tension and stress.

Liability of debts

Unlike in marriage, where an individual can take care of his/her partners debts, unmarried partners are not necessarily responsible for each other’s debt. But if they hold a joint account or if one is the guarantor for the other, debts can be taken care by the other spouse. In most cases, each individual is responsible for their own debts.

Conclusion

Property division is an important issue during divorce and for unmarried couple things can become complicated when they lack proper understanding. There are palimony agreements and cohabitation property agreements that can be used to protect asset and property division. Debts are usually taken acre by each individual unless it is a question of joint account.

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.  

How To Survive A Divorce With Children

Posted by: Gerald A. Maggio, Esq.

family law attorney Orange County; The Maggio Law FirmAre you one of those thousands of parents whose marriage is breaking down but also have kids to think of? In such scenarios, the decision to end your marriage is not so simple. After all, most of your family members and close friends have been advising you to continue with the marriage for the sake of your children. But is that the right decision to make? Should you continue with a stressful marriage or will you be happier if you can call quits? Your children will also prefer to come out of continuous bickering and lead a more peaceful life.

There are many children who have witnessed their parents getting divorced and have survived the ordeal. With time, they have got adjusted to their new life. How well the kids will adjust will depend on how their parents handled the divorce and treated them after the divorce came through. Check out the tips below to learn how to come out of a marriage with kids.

You should be frank with your kids 

Though it is not essential for your kids to be aware of the minute details of your divorce and the stressed relationship with your spouse, you should be open about the things that are affecting them. If your kids ask you certain questions, you should lend your ears patiently and try to respond. Try to help them build up their level of confidence during this sudden and new stage of life. Let them know that no matter what happens, you will be always by their side. At times, your children may have concerns. So make them feel completely at ease by creating special moments, making them relaxed and share their worries.

Out of court negotiations are always a better alternative 

Although you and your estranged spouse may not be in the best of terms while your marriage is ending, both of you should make the best possible efforts to ensure that the children have a smooth transition in their life. Your discussions should be conducted in a clear and calm manner on matters like issues related to your children. It is better if you can settle all your issues out of a court.

The key points should be discussed with the children 

In order to ensure that the transition is a smooth one, you and the other parent should present a united front in front of your kids. It is easier said than done since it will be tough for both of you to come to a consensus but your main focus should be your children. Both of you must convince them that getting divorced does not mean that you will love them less. You need to ensure they are aware that your divorce is not their fault.

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.  

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.  

Top Reasons for Spouses To Go To Couples Therapy

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce attorneys; The Maggio Law FirmThere are couples who allow ill will and anxiety to spoil their relationship. There are factors like poor communication, indifference, and pride that affect the relationship of a couple, leading often to a divorce, As time passes, such factors may further aggravate the issues in a partnership and make the conversation gap even wider. If only these couples had taken some time and effort to work on their marriage, things would not have  taken such an unfortunate turn.  The following are a few important reasons for which couples who are going through marital problems should contemplate therapy together. 

Get valuable insight

When a couple enjoys a fair therapeutic relationship, they can get valuable insights into their relationship. If a couple with a strained relationship gets the perspective of a neutral party, they may succeed in resolving some of their contentious issues, which had caused a burden on the marriage. A credentialed counselor is properly trained to abstain from taking sides in a strained relationship. They are also aware of ways of validating different viewpoints so that both the parties feel appreciated and heard. 

Improve effective communication skills

Relationships with proper communication styles are always desirable. A good therapist enables both the parties to develop powerful communication skills so that they communicate effectively with one another and try to minimize their misunderstandings and ill feelings. 

Appreciate the importance of role-playing

Both the partners get a chance to do role plays in the therapeutic settings through some trying conversations and situations that may help in enlightening them. When a couple does role plays with a credentialed therapist, they get equipped with the best practices for visioning and mitigating conflicts. These professionals know what approaches they should take to work with different couples and situations so that the said couples can use healthy practices for improving their relationship. A good therapist can also help both the spouses to replay their recent conflicts and conversations to find out the practices that work and those practices, which were ineffective. 

Couples can vision their future together

An effective therapy can enable a couple to visualize a fresh future for their relationship. Though it is not easy to imagine a positive future, especially when a couple is going through a high conflict marriage, a good therapist will definitely desire that their clients succeed in breaking their impasse and resolve their problems. Hence, an experienced therapist starts helping the couple to take a new look towards future.

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.  

Parental Alienation And The Effect On Children In Divorce Cases

Posted by: Gerald A. Maggio, Esq.

Orange County child custody; The Maggio Law FirmAn extremely unsavory aspect of divorce, as well as a legal separation, revolves around the serious issue of kids being adversely impacted by the anguish and agony their parents usually go through. The possibility of a divorce and prospects of a marital separation can be painful processes, which disturb the kids involved in such situations.

PAS or Parental Alienation Syndrome

This syndrome was introduced by Richard Gardner, a renowned psychiatrist in a paper that he shared in 1985. The syndrome refers to the emotional and physical withdrawal of a kid from their parent although the alienated mother or father offers adequate tenderness and care to the child. It is triggered by parental alienation, which is a chain of behaviors that an alienating parent uses either subconsciously or consciously to spoil the relationships of a child with the other parent. Though such a condition is not specific to only divorce or separation cases, parental alienation and the PAS typically evolve in cases of custody conflicts or disputes.

Instances of parental alienating behavior

  • To convince a child that the target parent has been abusive towards them and has been neglecting them to tarnish the image of the target parent.
  • Using the kid to pass on messages between the two parents rather than direct parent-to-parent communication.
  • Sharing thoughts or convincing the kid to hate and distrust the targeted parent.
  • To blame the targeted parent for the breakup of the marriage
  • Withdraw physical and emotional support of a kid when they demonstrate love and care for the targeted parent

Ways of responding to your child’s alienation

  • When children get entangled in the midst of their parents’ marital dissolution, you should ensure as their parents that they are loved, supported and cared for.
  • You should not tolerate the PAS syndrome at all. In case you are victimized from it, you immediately report the sane to a judge or a counselor.
  • You should not portray a bad image of your spouse in front of the kids. Even if you dislike your former partner, you should make sure your kids enjoy a warm relationship with their other parent.

Though it is likely that you will be going through a tough phase in your life while being separated from your spouse, you should remember that your kids are also going through a similar kind of feeling. You should take all possible steps to ensure that your kids feel comfortable and are free of stress 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.  

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.  

 
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