Posted by: Gerald A. Maggio, Esq.
Riverside, Calif. – With the biggest wedding months of the year coming up, it is wise to get finances and important decisions spelled out in a prenuptial agreement.
Some couples cringe at the word prenup, but an individual really needs to have the division of assets and debts defined should death or divorce ever happen. The prenup, also known as the premarital agreement, will describe how particular assets such as a home, business, or property will be owned. With couples who are getting married for the second time or more, or getting married at an older age, separate investments or business assets might want to be safeguarded from the new spouse.
“The prenuptial is a really honest conversation about how finances, assets and a spouse’s well-being will be accommodated during and after the marriage,” said Riverside prenuptial agreement attorney Gerald Maggio. “The agreement is like an insurance policy and is in place to protect both spouses.”
Each party gets seven days to review the prenuptial agreement before signing it and is recommended to have their own attorney represent them. Also, if one individual does not speak English as a primary language, the prenup should be translated to ensure it is understood and agreed to. The American Academy of Matrimonial Lawyers reported 73 percent of divorce lawyers had an increase in demand for prenuptial agreements during the last five years. The rise can be attributed to kids growing up in divorced households and the engaged couple wanting to make sure everything is in writing.
Every 10 years, married couples should review the prenuptial to see that it is still relevant. Sometimes post-nuptial agreements long after the marriage occurred can be helpful if one individual starts a company or makes investments that should be separated from the marital property. The same is true if a large inheritance is about to happen. Sometimes couples who have grown apart will use the postnup to reconcile with specific conditions or they will agree to postpone a divorce until the kids go to college or another big event occurs.
“We help show engaged couples all their rights and responsibilities for the marriage,” Maggio said. “So many people find it to be a beneficial experience and document that is there only if they need it.”
The Maggio Law Firm listens to their client’s needs and will go after their best interests. They will help the engaged couple toward their exciting future together with the best preparation and planning.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Riverside, Calif. – So many couples in California that get divorced oftentimes forget the importance of a temporary order. The typical scenario involves one spouse rushing to get a new living arrangement, throwing all their credit cards and important belongings into some boxes, and getting frustrated about subsequent phone calls about the kids and assets. When a divorce is imminent, it is recommended for an individual to have legal representation and establish a temporary order or agreement to define the immediate priorities as the split happens.
“If one spouse were to move out of the house and has more income and the other spouse is left to take care of the kids and major bills, what would you do?” asked Irvine divorce lawyer Gerald Maggio. “A temporary order will set decisions on the major priorities that have to be discussed before something bad could occur.”
Every temporary order can detail what is important to each spouse. Immediate needs might include orders that:
- prevent charging credit against a spouse or big expenses without written notice
- prevent the sale, transfer, exchange, or borrowing of money against property
- prevent changes in insurance, including modifying the beneficiary, failure to pay the premium, cashing out or borrowing, exchanging, or cancelling it
- define the custody and visitation schedule as well as child or spousal support
- define that the other spouse cannot take children out of a certain local or regional area without consent from the other parent
- outline who gets vital property, such as a car or house
- implement restraining orders when needed
These orders are a bare minimum that will be added to or refined pending the final outcome of the divorce proceedings. The temporary agreement will be submitted to the court after all appropriate signatures are done and give each spouse a clear understanding and set a precedent for the actual divorce.
“A good divorce attorney will help a client weigh the risks, benefits and costs of the temporary order,” Maggio said. “You won’t get everything as you want it – no one ever does in a divorce – but we will fight to uphold your rights.”
Individuals seeking a divorce have sought the Maggio Law Firm’s experienced attorneys to help with temporary orders, divorce summons, and all the steps involved with a dissolution of marriage. The firm’s knowledge and empathy guides clients confidently through the legal maze of divorce issues.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Posted by: Gerald A. Maggio, Esq.
Divorces typically are all about the two adults who can no longer get along and who deserves what assets, property, and privileges. Even though each spouse might equally love the children, oftentimes divorce can bring out the worst behaviors in a parent. Before, during, and after the divorce proceedings it is critical to focus on a healthy and nurturing environment for the kids; otherwise, the negativity can have big consequences on their livelihood.
“Children tend not to tell you when they are angry, resentful, confused, hurt or depressed,” said author Rosaling Sedacca in her book How Do I Tell the Kids…about the Divorce? “Instead kids reflect their problems through their behavior – acting out or perhaps turning inward in ways that you have not experienced prior to the divorce. Take time to see the world through your children’s eyes and you will be better able to meet their needs, understand their confusion or aggression and find appropriate ways to dissolve tension through your conversation and caring behaviors.”
Parental behavior that involves negatively talking about one parent, missing or cutting into the other’s parenting time, or concealing the truth can wreak havoc on a child’s emotional wellbeing and alter their perceptions of how they should act. Children who watch parents say cruel things, lie, and seek revenge can end up being rude, hostile, dishonest, and hold grudges or worse.
Many child psychologists promote that parents must set aside whatever ill will they have towards their ex to effectively be a good parent. Yes, this will involve a daily focus to accept the child custody and shared parenting time. Halting the negative words and interacting proactively with your ex will show that people can be their own individuals and be courteous yet have their boundaries.
Divorce law and child custody agreements are all about the best interests of the children, so the earlier an individual focuses on this fact and has a good child custody attorney by their side will bring about faster and fair results. From visitation and shared parenting rights, to adequate child support and enforcement, a skilled child custody attorney will address all the factors needed for the children.
A schedule must be created so that each child will get to enjoy a normal schedule with each parent as well as specific holidays, vacations, birthdays, and special cultural and religious days. Patience, tolerance and communication are critical to make the schedule work and ensure that the kids are benefitting from it. The agreement will also detail decisions regarding medical, education, religious, and any other special considerations for the children.
In California, Riverside child custody attorney Gerald Maggio helps individuals define a reasonable parenting agreement that will help the child and parents create a healthy, supportive environment. The Maggio Law Firm is experienced in child custody, child support and all divorce matters and strives for the best outcome to maintain and preserve the parent-child relationship.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Posted by: Gerald A. Maggio, Esq.
Divorce is an intense emotional and financial process that is best guided by an experienced divorce lawyer. A key part involves calculating what an individual’s living expenses are, how children can affect this amount, and advice on how to transition to the new single lifestyle. Questions such as whether you can keep the children in private school, what you are able to afford for a house payment and what assets are needed for the long term can be complex without an experienced attorney to give you the knowledge and confidence for the next steps ahead.
A good divorce lawyer will help a client examine and evaluate the marriage settlement agreement (MSA) and make sure they understand the transfer of monies, assets and property. Sometimes even asset and income tracing are needed to ensure that a spouse is not hiding crucial assets from the other spouse. An experienced attorney will oftentimes have contacts with certified public accountants and financial counselors that can help individuals with managing their cash flow, financial crises and goals they want to accomplish. These key individuals will make up a solid team of experts to help a client through the divorce and get on more solid financial footing for the future. Their financial background will help calculate each spouse’s net worth and establish figures that the courts will agree with.
“Ask your lawyer to help you identify which decisions absolutely need to be made now, and which can wait until your emotions are under control,” said Stacy Francis of the Institute for Divorce Financial Analysts. “Big decisions made in an emotionally unstable state of mind usually turn out to be expensive and non-sustainable ones.”
From budgets, assistance with retirement planning, taxes, and estate matters, a skilled divorce attorney can point their client in the right direction to ensure the MSA and any child support or spousal support will be adequate for the long term. Their team of experts will go over the consequences of keeping one asset over another. Typically, one of the biggest challenges is to determine if it is better to keep the marital home or negotiate for the pension or retirement plan.
“A house requires income to pay for repairs, maintenance, improvements, property taxes, and assessments; a pension, however, produces income without costing income,” said Garrick G. Zielinski, president of Divorce Financial Solutions. “You cannot sell a windowpane to put food on your table during your retirement years. It’s not how many assets you have – it’s what you can do with the value of those assets that matters most.”
In Orange County, Irvine divorce attorney Gerald Maggio helps clients focus on the important financial and parenting matters during their divorce proceedings. The Maggio Law Firm is known for their personalized attention and assisting clients with all the documents, details, and financial questions. They are a valuable advocate that upholds their client’s rights as they push toward a fair and expeditious divorce settlement.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Posted by: Gerald A. Maggio, Esq.
Riverside, Calif. – The Chicago Tribune recently published an article highlighting the importance of both parents being involved in a child’s life during a divorce. Katherine Conger, a human development professor at the University of California at Davis, emphasized that parents should not argue or get physical in front of their children. “Parents should keep focused on the best interests of their children, regardless of their feelings about the soon-to-be ex-spouse,” she said. “Reassure your children that they had nothing to do with the divorce.”
But what about if a spouse is missing? Many individuals are unable to locate their spouse, whether the spouse is abandoning them, trying to avoid child support or have been separated for some time and does not have current contact info. An experienced family law attorney can still help a parent get a divorce and start the next chapter in life. The attorney will assist in the few extra steps that are needed since the reachable parent cannot easily serve the missing parent with divorce papers.
“The courts will want to know that a parent has made every effort to find the missing spouse,” said Gerald Maggio, Riverside County family law attorney at The Maggio Law Firm. “Our law firm will guide you through the investigation to find your spouse or seek a default divorce judgment.”
In California, the court will want to know that an individual has tried contacting the missing spouse’s friends and relatives to see if they have any insight into their whereabouts. Also, do an Internet search, check telephone listings and any social network sites. Look into tax records, voter registration records and the department of motor vehicles to see if any information comes up.
Otherwise, if an individual is unsuccessful in truly locating his or her spouse, California courts will allow the divorce papers to be served by publishing them. An affidavit for divorce by publication is completed, then the divorce complaint and affidavit are signed in front of a notary public. Both of these documents will then be filed with the county clerk at the courthose. From there, a lawyer will assist in sending relevant legal notices to the local newspaper where the spouse was last thought to be residing. The newspaper publication must run one time a week for four weeks to give the missing spouse time to respond.
If there is no response by the end of the publication cycle, a family law attorney can help their client obtain a motion for a default divorce judgment. The final divorce proceedings will establish what the court agrees to for the best interests of the children and client as the primary caregiver.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
During the hectic and most times tumultuous process of divorce, it is advisable that most couples should attempt to go to a mediator to at least see if everyone can come to terms with an agreement on their own without having to have the court settle things for them.
Not only are divorcing people seeking mediation, but also business partnerships and small claims, too, in order for all parties to try to come to an agreement on their terms in an attempt to resolve their issues before having to go further in the court system, spending more time and money.
But during divorce mediation sessions, the mediator, along with the spouses, sit down and discuss issues and prioritize them so that the spouses can come to a decision together. The goal is to have everyone come to terms with a mutual resolution, and if children are involved, what would be best for them by working out the fine details about visitation, custody, etc. This process can be hopefully achieved within two or three mediation sessions, with tentative agreements set forth so that both parties can collect documents and information, etc.
“Remember, the outcomes are not going to be picture-perfect, so do not feel slighted if your expectations are not met the first go around. As with all things in life, there is the usual give and take. To remember what is best for the children is what couples with children need to consider first and foremost,” said Gerald A. Maggio from The Maggio Law Firm, a family law practice based in Irvine, CA. “It is also wise to seek a good family law attorney to advise you through the process.”
Sometimes mediation is not going to work, such as in some cases where domestic violence is involved or when the other party is not willing because of inflexibility and obstinacy (which usually will not look noble in the eyes of the court). However, knowing that this service is there to help ease the process – not to purposely make it more difficult than it already is for people who are going through the painful process of divorce – is a good perspective have when going through mediation.
To learn more about the Maggio Law Firm visit Maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
There are many ways that addiction can affect a marriage.
Drug, alcohol, pornography or gambling addiction can sabotage trust. Trust is the foundation of any good relationship. Addiction, in general, could lead to making poor choices, risky behaviors, diminished communication, lack of attention to personal and business affairs, and sometimes even extra-marital affairs. Once trust is damaged, it is often harder to get it back. Damages done by drug-related, alcohol-related or deviant behaviors that usually override the addicted spouse’s family obligations.
The addicted person becomes more self-serving in order to feed his or her addiction by any means necessary, therefore maintaining balance and reciprocation in the marriage is not present or often much skewed. The non-addicted spouse is left to pick up the pieces of his or her partner’s bad behaviors and bad choices and will feel neglected and abandoned over time. The burden of taking the entire family often falls on the non-addicted spouse’s shoulder, bearing the weight of their addicted spouse’s self-serving behavior.
Drug or alcohol addiction also can affect the addicted spouse’s mood and can and often makes the addict violent toward others and lash out at their family. The drug or alcohol induced spouse can exhibit aggression, usually when intoxication levels and frequency increase. There is a strong link between drug and alcohol addiction and domestic violence. When children are present in the home, the risk of harm to them is very prevalent. Also, many times there can be an underlying mental illness or condition that may be at the root of the addicted spouse’s addiction.
“The first step that an at-risk family with addiction problems should take is to seek professional help,” said Gerald A. Maggio from The Maggio Law Firm, a family law practice based in Irvine, CA. “All marriages that have addiction problems cannot realistically be saved; therefore, protecting families from emotional and physical harm is a priority and becomes a societal concern.”
Rehabilitation centers provide support such as therapy and support groups for the whole family dealing with addiction, even when marriages end; it is suggested to seek or continue rehab, especially when children are involved. This can help both parties can cope better and the whole family can heal and move forward, even after a divorce.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Should You Date in the Midst of a Divorce?
One would think pursuing a relationship would not be a big deal during divorce proceedings since the marriage is being terminated anyway. People are tempted to seek or pursue relationships at this time because it fills a void and can offer some emotional support during the trying times of a divorce, but legally it is bad practice.
The action of involving and introducing a new relationship can have lasting effects on decisions and outcomes of divorce proceedings. The legal standpoint of dating during divorce procedures still implies that one is still technically married well up until the day the divorce is finalized. Believe it or not, the new relationship can weigh heavily on court decisions when it comes to dividing assets, spousal support and child custody. The reason for this is the implication of one’s character, and begs to question morals.
The emotional standpoint; however, is that both parties are engulfed in emotional turmoil during the divorce. Introducing or pursuing a relationship might enrage or offend a spouse. This can prove detrimental and negatively affect court decisions, especially when the enraged spouse might to decide to take every measure to make divorce proceedings difficult and add more stress to the situation as the divorce moves forward.
“There can be repercussions when dating while you are in the midst of a divorce,” said Gerald A. Maggio from The Maggio Law Firm, a family law practice based in Irvine, CA. “The decision to date while divorcing should not be taken lightly. Don’t date while divorcing, point blank. Wait until the divorce is final.”
Platonic relationships with the opposite sex, however innocent they may be, are still a social contact and could raise suspicions of a sexual or romantic one in the eyes of the bereft or jilted spouse. The presence of someone new parading in front of the spouse and children and can start a suspicion of an affair, and the new partner can be deposed and subjected to questioning by the other lawyer – subpoenaed and forced to testify under oath.
Dating during a divorce will draw further scrutiny and make it even more complicated, increasing both stress and cost of the divorce trial and proceedings.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Orange County divorce attorney Gerald Maggio often has to field the following question from female clients: My husband and I have a lot of assets we acquired during our marriage. How can I be sure that I get my fair share?
Orange County divorce attorney Gerald Maggio often must field the following two-part question from female clients who are in the process of divorcing: My husband and I have a lot of assets we acquired during our marriage. How can I be sure that I get my fair share?
It’s a simple question, but deceptively simple. The term “fair share” is relative. While almost everything that you and your spouse acquire during your marriage is marital property, everything from the family home to such non-tangible assets as retirement benefits, fairness is in the eyes of the beholder.
“No matter where you live in the United States, you will not automatically receive half your marital assets in a divorce,” says Orange County divorce attorney Gerald Maggio. “Not even in California.”
California is a community property state. “In California, division of property begins at 50-50,” Maggio says. “But there are some important things you should know about community property.”
All assets are considered to be community property, but so are all debts. “Both are generally split right down the middle,” Maggio says, adding that it can also get tricky when spouses become evasive. “Spouses who are aware of the community property provisions may hide debt or increase debt because they know that their estranged spouse is equally responsible.”
If you don’t solely live in California, but have residency in two states (for instance, one that is community property and one that is equitable distribution), your divorce could become a daymare. “Here you might want to ask your attorney which state would be more beneficial for you to file in,” Maggio says. “As a general rule, the higher wage owner will come out better in an equitable distribution state, while a stay-at-home spouse would benefit from the community property state.”
Besides California, only eight other states use the divorce standard of community property for distribution of marital assets. These are Arizona, Idaho, Louisiana, New Mexico, Nevada, Texas, and Washington. The remaining 41 states do not have community property laws as their standard.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Being asked to sit for a deposition in a divorce may seem a bit intimidating at first. Deponents will find themselves a lot more relaxed and in control if they know what to expect during the process.
At a divorce deposition, the deponent will be giving testimony under oath. He or she will be asked detailed questions about the case and answers will be recorded by a court reporter. The record of this process will be used to form a deposition transcript that will be sent to attorneys on both sides. In addition, a copy will be sent to the court for the judge to review at time of hearing or trial.
“It is important to remember that portions of depositions may be read aloud in court, especially if the opposing attorney is trying to demonstrate that there are discrepancies between your deposition and your testimony in court. Due to this, you’ll need to make sure you answer questions carefully and honestly,” noted Maggio.
Before being deposed, a deponent needs to review the case with his or her divorce attorney. This includes a careful review of any complaint, petition or affidavit that has been submitted to the court as part of the case. This also includes the original pleadings and any affidavits submitted as part of any motion. In addition, you will want to review any responses that the party has made as part of discovery. In a divorce proceeding, a party may have answered interrogatory questions by providing notarized responses to the opposing attorney. Finally, the deponent will want to review any financial documents such as paystubs, tax returns, or lists of monthly expenses that have been provided to the court or to the opposing counsel. The opposing attorney will generally question each item that appears on a party’s list of monthly expenses to determine if the claimed expenses are legitimate expenses and to understand how these expenses were determined.
“The deposition process does not need to be difficult for deponents in divorce cases. A careful review of all documentation involved in the case and a discussion with your divorce attorney can make the process go much more smoothly. If a deponent is familiar with the facts of the case, he or she will be able to answer questions without difficulty,” stated Maggio.
During a divorce deposition, the deponent has three main responsibilities: to listen carefully, to understand what is being asked, and to answer each question honestly and carefully. Deponents will answer the questions a lot more easily and confidently if they don’t succumb to pressure and take their time with each question.
“Remember that while you must tell the truth during a deposition, you will not be expected to have the answer to every question that is asked of you. In addition, you will not be expected to know all the facts of the case. You’ll only be expected to answer each question to the best of your ability,” noted Maggio.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
