Posted by: Gerald A. Maggio, Esq.
In a divorce, it can be children who suffer the most. The upheaval that divorce causes can have a lasting effect on children’s lives, so it’s important for parents to try and minimize the impact of divorce on their children.
Every member of a family struggles to get through a divorce. It’s not just the parents who have a hard time adjusting to the new situation. To ensure that your children adapt to their new family dynamics during and after a divorce, there are several actions you can take.
Start by telling your children the truth about your divorce. Children need to understand that their parents’ decision is final and is not something that is up for debate. When explaining divorce to children, you will want to consider their age. Younger children may not need as many details as older children will require. You should, though, encourage questions from your kids about your divorce. Open the communication lines early, so they can tell you about their feelings now and in the future.
When explaining divorce to your children, you will need to make it clear that the divorce was not their fault. All too often, children end up believing that their parents have split up because of something they have done.
You should make sure to tell your children about upcoming events or life changes they will experience as a result of the divorce. Telling your children about these events, activities, and schedules earlier rather than later will allow them to adjust to these changes more smoothly.
Working with the other parent to set consistent rules is also important during a divorce. The goal should be consistency, and parents should work together to enforce rules that the kids have been expected to follow all along. This will be particularly important if children begin to act out as a result of the divorce. If children act out by misbehaving, parents should seek to validate their feelings first. Your children’s bad behavior may be a result of the anger, sadness, and confusion they feel regarding the divorce.
One of the most important things you can do during a divorce is spend quality time with your children as often as possible. This means you should allow for no distractions when you are devoting time to your family. Spending this quality time with your children can help them through many of the issues the divorce might cause.
A family law attorney can offer you a wide-range of advice on minimizing the impact of a divorce on children.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Going through a divorce is a stressful event that can significantly impact your future, but you don’t have to let your divorce ruin your life. There are things you can do now and later to minimize the emotional impact of your divorce.
Regardless of whether you or your spouse started the divorce proceedings, it is important to take the time to recognize the positive things that may result from your divorce. You can overcome the emotional challenges of divorce by looking at things differently. You should think of your divorce as a new beginning, a chance to start a new chapter in your life. Take the opportunity to try new things, such as creating hobbies and discovering new interests. The busier you are with your life, the less time you have to think about the past and the challenges of a divorce.
Amicable divorces usually end with a better result than those that are hostile. To avoid stress, you should try to put aside any negative feelings you have for your former spouse, especially if you have children together. You should also avoid saying negative things about your former spouse. Negative talk doesn’t make things any easier for any party involved. If you have children, it’s especially important not to talk badly about your former spouse. You should not make your kids a sounding board and should do everything possible to prevent them from getting stuck in the middle of the divorce.
Another thing you can do to minimize the emotional stress brought on by a divorce is to ask for help from your friends and family. During any difficult time in your life it is important to have a social network available to support you, and divorce is no different. You should seek to surround yourself with loved ones and allow them to help you through the divorce process. Family members are not the only ones you should trust during your time of need. You should also enlist the help of attorneys, mediators, therapists and financial planners. These trusted professionals can also help you through your time of need.
You can also cope with the emotional challenges of divorce by believing in and standing up for yourself. While you should seek to end things with your spouse amicably, it does not mean you should not stand up for yourself. You should get what you deserve by standing your ground on issues of child support, spousal support, property division, and other issues impacting your children.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
When filing for a divorce in California, there are a number of different documents you should provide for your attorney, so that he or she can know how to best proceed in the matter. Depending on the issues involved in your case, you may wish to produce documents that date back approximately a year prior to the date on which you separated from your spouse through the present time. In some cases, you will need to provide documents that date further back. If this is the case, your attorney will advise you regarding exactly which documents are necessary.Getting all of these documents together before you file for divorce will help your attorney speed-up the divorce process. In addition, it will help preserve critical evidence that may be needed to resolve your case. You should gather the following documents:
- Individual income tax returns from the past three to five years (federal and state)
- Any business income tax returns from the past three to five years (federal and state)
- Proof of your current income (Including W-2 forms, 1099 forms, and recent pay stubs)
- Prenuptial agreement, if one exists
- Bank statements
- Retirement account statements
- Stock portfolios and options
- Pension statements
- Credit card statements
- Any existing loan documents
- Utility bills and other bills (tuition, medical bills, etc.)
- Life, health, automobile and homeowners insurance policies
- Real property deeds for each property you or your spouse own, or any properties owned by any entity that you have an interest in
- A detailed list of personal property, including jewelry, home furnishings, artwork, electronic equipment, clothing, etc. If you and your spouse own any particularly valuable or unique items you may wish to photograph them and inventory them and perhaps obtain an appraisal.
- List of real property and assets owned by each spouse prior to marriage
- Wills, trusts, living wills, powers of attorney, durable powers of attorney
It is important to remember that this list is not exhaustive. Your family law attorney may require additional documents from you. The more of these documents you can provide, the easier it will be to proceed with your divorce.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Long-term spousal support in California cases can be amended or terminated under certain circumstances. Supporting partners have a number of different options available to them, if they wish to pursue a modification or termination of the support they provide.
In most cases, long-term spousal support can be terminated or modified at any time during the support period. The only instance when this is not true is when there is a written agreement by the parties expressly stating that spousal support is non-modifiable. In the absence of such an agreement, the court generally retains continuing spousal support jurisdiction and can decide to terminate or reduce spousal support in later court proceedings.
If the court assumes continuing spousal support jurisdiction, then the court may grant a request to modify spousal support if the supporting party can demonstrate a material change of circumstance since the most recent court order outlining the spousal support. When reviewing a modification or termination request, the court will consider the following factors:
Reducing Support if Spouse Is Self Supporting – The California Family Code emphasizes that even in long-term marriages, defined as those which last 10 years or more, the supported spouse has a duty to become self-supporting within a reasonable amount of time, which is considered to be one-half the length of the marriage. Generally, if the duration of the marriage is less than ten years, a supported spouse is expected to become self-supporting in half the length of the marriage. Modification or termination of the support can be ended before this time. If the spouse has not made any reasonable efforts to become self-supporting, you may ask the court to terminate the spousal support. If, on the other hand, your former spouse has actually increased his or her earnings, you will be able to present evidence of this in court and argue that he or she now has a reduced need for support.
Reducing Spousal Support Based on Obligations – In some cases, the supported party’s separate estate, including any and all assets allocated to him or her in the community property division, and its reasonable income potential, may be enough for you to seek a reduction or termination of previously awarded spousal support.
Other Factors that affect Modification of Spousal Support include:
Remarriage – Unless the parties have made an agreement in writing, a spousal support order automatically terminates when the supported party gets remarried.
Cohabitation – Cohabitation may also be a basis for seeking a modification or termination of a spousal support order. If your former spouse is cohabitating with a member of the opposite sex in a romantic relationship, you can request that the court order a termination of support or a downward modification of support.
Retirement – The retirement of the supporting party may be sufficient basis to receive a termination of support; however, it will be important to prove that the supporting spouse has a right to retire and is not choosing early retirement.
Whether you can terminate or reduce your existing spousal support obligation depends upon the unique facts and circumstances of your case. If you are considering modifying or terminating your spousal support order, you should contact a family law attorney who will review your case and advise you on how best to proceed.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
If you have been a victim of domestic violence, you have a right to look to the Court for protection. There are several different types of restraining orders that can provide domestic violence victims with this kind of protection.
Being a victim of domestic violence can be a stressful and traumatic ordeal. However, there are legal ways to ease the stress and trauma by ensuring that further harm does not come to the victim. A domestic violence restraining order is a court order that protects a person from being abused or harmed by another person.
To qualify for a Domestic Violence Restraining Order you must have a relationship with the person you are seeking the order against. This relationship must be one of the following:
- Married Couples (sometime known as Spousal Abuse)
- Couples who cohabit
- Persons who have a child or children in common
- Persons currently in a dating relationship or who were in a former dating relationship
- Persons who were formerly married to each other
In California, the victims of domestic violence can obtain three different types of restraining orders: an Emergency Protective Order, a Domestic Violence Temporary Restraining Order, or a Criminal Protective Order.
An Emergency Protective Order (EPO) is issued by law enforcement and is only valid for a short amount of time, usually less than one week. This type of restraining order is particularly useful for victims of domestic violence, as it provides them with immediate protection after an incident has occurred. These types of restraining orders usually arise when the police have responded to a domestic violence call.
A Domestic Violence Temporary Restraining Order (TRO) is another short term restraining order valid for no more than 21 days. While these restraining orders only cover a short period of time, they can be made permanent for 1 to 3 years. The purpose of a TRO is to provide the victim with protection until a hearing can be held and a permanent restraining order can be issued.
A Criminal Protective Order can be obtained through the District Attorney’s office and is issued in active domestic violence criminal cases. Under this kind of restraining order, the individual the order is issued against is not to have any contact with the victim.
Each type of restraining order must be court-ordered, so you will have to go to court to prove your domestic violence case. It is important to have an attorney who can represent your best interests. An experienced family law attorney will ensure that all of the proper documents have been filed, will be able to handle any questions a judge might have, and will help you deal with any unusual circumstances that arise.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Registered domestic partners have the same rights as married couples when it comes to community property. Unless couples establish an agreement prior to their registration, community property rules will apply in the event of dissolution or death.
In California, a domestic partnership gives parties a legal status that is similar to marriage. As such, those parties involved in a domestic partnership have certain legal rights afforded to couples who are married, including community property rights. In a registered domestic partnership, community property is generally regarded as the property acquired by either partner during the period of the registered domestic partnership. This means that all income, assets and savings acquired after registration was filed and all assets accumulated from earned income are considered to be equally owned and, therefore, community property. This is regardless of titling of deed, asset, or account.
Under California’s Domestic Partner Rights and Responsibilities Act of 2003 community property concepts apply to property rights, but not for tax purposes. In the event that the domestic partnership is dissolved or a death occurs, each partner would automatically be entitled to a half interest in any property that was purchased during the time of the registered partnership.
However, if one partner dies, community property concepts will not be used in order to determine the size of the decedent’s estate. If the partnership is simply dissolved, the community property would be divided equally between partners, and they would have the right to use the state court system in order to properly divide their assets.
If couples are not registered as domestic partners, then they do not have any community property rights. All pre-registration assets and gifts or inheritances received at any time during the registered partnership are presumed to be separately owned.
Community property rights will also not apply if registered partners have prepared a Domestic Partnership Agreement that outlines how assets, debts, and property are to be distributed in the event of a separation. This agreement provides both partners with legal protections should either party ever decide to end the relationship. It can also help couples avoid the effects of certain domestic partnership laws that can be disadvantageous to them.
If you are considering dissolving a domestic partnership or would like to establish a Domestic Partnership Agreement, you should consult with an experienced California attorney who can help you navigate these difficult, complex legal processes.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Same sex couples face unique legal challenges when they decide to become a family with children. While California allows same-sex couples to adopt, the process can be long and difficult.
The adoption process is often difficult even for heterosexual couples, and same-sex couples face even greater challenges when it comes to adoption. In California, GLBT adoption and second parent adoption are legal and can present significant legal and social challenges for same-sex couples.
Gay and lesbian couples often decide to bring a child into their lives through conception and birth. For a lesbian couple, this involves finding a male donor or visiting a sperm bank and then having one member of the couple become pregnant. In such a partnership, the other parent can then become a legal second parent through stepparent or second parent adoption. Gay men can also become legal parents of a child through the use of a surrogate mother.
Having a child through conception and birth can be a long and difficult process, so some prospective gay parents choose to go through the state system. For these prospective parents, success in adopting from the public child welfare system greatly depends on two things: the state adoption law and the attitude of the adoption agency being utilized. In California, state law protects prospective gay and lesbian parents from discrimination during the adoption process. It is illegal for public agencies in California to reject adoptive parents on the basis of their sexual orientation.
While the law provides some protection for prospective gay and lesbian parents, it does not guarantee that prejudices don’t exist within the agencies. Social workers who are not comfortable with homosexuality may determine that the prospective adoptive parents are unsuitable for a number of other reasons. Private agencies, on the other hand, establish their own set of criteria for prospective adoptive parents. These agencies may consider age, fertility status, marital status, religion and sexual orientation when making adoption decisions. Same-sex couples, then, may not have as much success in finding a private agency that is open to adoption by homosexual parents.
Raising a child can be one of the biggest decisions in your life, so it is important to know all of the legal ramifications of such a decision before engaging in the legal process of adoption. If you are a same-sex couple considering adoption, you should contact an experienced family law attorney who can help you through this difficult and complex process.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Although California is a community property state, the courts have special rules regarding settlements from personal injury cases. Personal injury settlements may or may not be considered community property, depending on when the injury occurred.
If you are considering a divorce, you may be wondering if your spouse’s personal injury award will be considered separate property or community property. In California, any reward that is the result of a personal injury settlement may or may not be characterized as community property.
Whether or not a personal injury settlement is classified as community property depends on when the cause of action occurred, not when the proceeds were received by the injured spouse.
The proceeds of a personal injury settlement are characterized as community property, if the cause arose during the course of the marriage, and before separation. If the cause of action occurred outside of this time frame, the proceeds of the settlement are considered separate property of the injured spouse under California Family Code 760 and 761. If the damages from a personal injury settlement were commingled with other community property funds, then it may be difficult to trace the source property and, as a result, the funds may all be considered community property.
Normally, the court will award the damages to the spouse who suffered the injury, unless there are special circumstances to be considered. Factors that the court may consider include the financial needs of each party, economic conditions, costs incurred by the non-injured spouse if he or she cared for the injured spouse, the time that has elapsed since the injured party recovered the damages, as well as any other factors relating to the case. In the event that the court considers these issues, damages will be assigned to the parties in a manner that the court finds to be just. Ultimately, though, the court will award at least one-half of the damages to the injured spouse when the damages are characterized as community property under California law.
If you are contemplating filing for divorce in California and are concerned about how a personal injury settlement will be divided, make sure you hire an expert divorce lawyer who can provide you with all of the details about community property.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
