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.
