How Prenuptial Agreements Can Affect The Lives Of Couples

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce lawyers; The Maggio Law FirmMarriage is an exciting affair especially when you know that you are going to spend the rest of your life with a special someone. Marriage is more than just a bond between two individuals. It is also a bond between two families. And as the bond strengthens, it is only likely that the couple will make plans for finances and assets to secure their future. But such plans are slowly becoming a thing of the past. Now, most couples want to secure their personal finances which include properties and other assets. And this has given birth to something called a prenuptial agreement.

A prenuptial agreement is a legal agreement made before marriage to secure personal finances during a divorce. As per divorce laws in California, properties must be divided equally among both individuals. Prenups can be helpful during property division, but it can also have neagative effects as well.

Prenups can be the result of divorces

A marriage is based on faith and trust and a prenuptial agreement is a proof of lack of both. The one who files for a prenuptial agreement doubts the other over property and assets. He/she does not trust that his/her partner will play fair if a divorce arises in the future. It is likely for a divorce to take place because of trust issues. The individual against whom the prenup is made feels cheated to some extent. A divorce in such cases can be initiated by either of the two partners.

Prenups can protect personal finances

Prenuptial agreements may sound bad but they were made for a good cause. Prenups protect personal finances and assets from unfair property divisions during divorce. A prenup prevents a California court from dividing a personal property which has been claimed by an individual in a prenuptial agreement.

Prenups can damage the relationship between families

As mentioned before, a marriage is a bond between two families. Sometimes, during prenuptial agreements, either of the couple’s families become upset. The reason for being upset is the same as that of the individual who must agree to the prenup agreement. Prenups make relationships bitter and most family members remember it long after the divorce.

Conclusion

Prenuptial agreements can be a good idea if you wish to protect your personal financial assets during a divorce. However, there are negative consequences and a lawyer should be hired to handle a prenup in the best way possible.

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.  

Divorce Advice For Young Couples

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmOf late, the number of divorces among young couples are on the rise. Most of them are unaware of the consequences they might face after getting a divorce. Young couples may not be faced with financial issues but for most their careers might get affected. The problem with young couples is that they take decisions without consulting adults. When they get married, they realize there are more important things than just love and faith. Managing finances is very important in a marriage and then there is the division of property after divorce. Many don’t know which property they have is marital and which is separate property.

The divorce advice mentioned below should help young couples take the right decision during their marriage and after their divorce.

  1. Discuss financial matters

Finance is the single most important factor in marriage. Before getting married sit down and understand how much money each of you earn. Talk about your mortgage debts and student loans if you have any. It will help you manage finances in a better way.

  1. Create a cash flow

Create a constant cash flow that will help pay the bills or mortgage if you have any. It’s best to create an outline before the wedding and highlight the spending amount for each of you. It will help you keep a track of all the extra expense that you might incur during your marriage. After you get divorced, the plan will also come in handy to decide marital property division.

  1. Discuss money management

Managing money is very important in any marriage. Discuss with your spouse whether you want to maintain separate accounts or joint accounts. If you’re planning for a divorce, discuss how the joint account will get divided. Make sure that both of you are on the same page before a divorce is finalized.

  1. Protect premarital assets

A prenuptial agreement may be the cause of a divorce but it can also protect financial assets during a divorce. For some prenups can be very difficult. It is important to hire a good lawyer and decide whether a prenup is the best way to protect assets and properties or not.

  1. Meet a financial planner

A financial planner can provide the necessary help for you to reach your financial goals. Hiring a financial planner at the beginning of a marriage is ideal.

Conclusion

Young couples need to understand how issues like finances and properties are important during a marriage and after divorce. Having a clear understanding will help young couples become better decision takers.

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.  

Marital Counseling Is Advisable After Infidelity

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmYou may seriously reconsider whether staying together is a wise option when infidelity or betrayal hits your marriage or relationship. After all, when your spouse indulges in an act of betrayal, there is a possibility that something was amiss in your relationship to reach that level. That is because now one of the partners has disrespected the marriage vows. Is it still possible for both of you to work out issues of conflict and continue staying together?

It will benefit you to remember that both of you were madly in love once upon a time. So, you need to find out whether you still have affection for one another despite such a big issue. The issue of betrayal can be too big for both of you to handle. It is the ideal time when you may require professional to help you in particular. A marriage therapist may be also required by you at this stage in your life. Today, many people have started to realize that therapists can be highly effective when a couple is going through a rough patch in their marriage.

Marriage therapists are experienced and trained to help couples sort out their differences and repair the marital relationship. It is possible to rebuild your relationship or marriage and eventually emerge even stronger after such turmoil. Check out a couple of ways where your marriage can be saved through marital counseling after infidelity.

Improving communication

There could be a stage in your marriage when you and your partner stopped confiding one another in all matters, particularly the spouse who betrayed. The Infidel spouse may have used white lies several times to cover up their offenses. When a marriage therapist is hired, they can be helpful in ensuring that communication improves between both the partners. It is possible that the spouse who has been betrayed may use accusatory words. It is definitely not a conducive environment for an open communication. Each spouse is asked questions on sharing their feelings and emotions by the therapist. Counselors can also help the couples by using role plays so that they can communicate in a more effective manner. T

Marriage therapists can help the partners to reconnect

There are many occasions on which spouses want reconciliation but do not know how to do that. The spouse who has strayed feels afraid as they know that it will evoke strong responses in the mind of their partner. On the other hand, the innocent spouse may still want to continue with the marriage. A counselor or therapist may help these couples to reconnect with one another.

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 Know If You Are Ready For a Divorce

Posted by: Gerald A. Maggio, Esq.

orange county divorce attorney; The Maggio Law FirmTo put it simply, a divorce signifies the end of a marriage. When a person files a divorce petition, he or she is done with all the legal responsibilities and duties of the marriage. Once the legal document is signed by the couple, their relationship between the two parents may get severed for their entire life.

Introspect how the situation of divorce has popped up

A divorce is often the last resort when the relationship between you and the other party has gone beyond all the limits. Divorce may be the outcome of various reasons. It could be due to abuse, lack of proper communication or because of the age factor. When such issues come up, the first step for the couples is to try resolving and managing those issues. It is the right thing to do for them before they are prepared to get divorced. However, when they fail to find any kind of resolution and are prepared to separate, they may proceed. In case you are still contemplating if you are prepared to go ahead with a divorce or not, you should consider the following questions.

Have you got feelings for your spouse even now?

In case you feel that you still nurture strong feelings and emotions for your spouse, it is better to try cementing your relationship. When you continue to have feelings for your husband or wife and still decide to go for a divorce, situation can actually aggravate after your divorce. They should be a clear cut boundary between both of you so that you can go ahead with the divorce proceedings.

Did you try your best to save the marriage?

It is better to clear all types of misunderstandings between both of you. However, even then your relationship has not improved; you need to select divorce as the next step.

Do you know the prime reason for your divorce?

It is imperative to know the real reason why both of you are on the verge of a divorce. It is important to leave no stones unturned to find out a solution for the matter. And yet when the desired conclusion is missing, you have no other option rather than going for a divorce.

How easy will it be for you to get adjusted to the changed environment with your kids?

Prior to raking the big leap towards a divorce, it is important for you to visualize its impact on the children. Your kids should never be burdened with all those negative emotions that are usually common in a situation like this.

Are you equipped enough to cope up with all the negative effects of a divorce?

There is no doubt that divorce changes your life to a great extent in terms of your financial status, traditions and lifestyle. Hence you should consider how you will handle all types of negative impacts of the impending divorce.

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.  

Have You Considered Divorce Mediation?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; The Maggio Law FirmIt’s nearly impossible to find two marriages that are identical and the same can be said of divorces. That’s why it is so important for couples considering divorce to start by researching their options: a collaborative divorce, a litigated divorce or mediation. Most are aware of the ideal represented by collaborative divorce. The trick is making it happen during a time when agreeing on important matters is more difficult than ever before. The inability to successfully manage a collaborative divorce ends with many couples in litigation. Yet there is another option that too many couples do not seriously consider: divorce mediation.

Divorce mediation occurs when a divorcing couple works with a neutral “mediator” in order to come to an agreement on all aspects of the divorce. In the ideal situation, the mediator should be an experienced family law attorney, but first and foremost the mediator must be neutral. They should not be an advocate for either party involved. It is also recommended that both parties consult with their own attorneys during the mediation and prior to signing the final divorce settlement agreement.

Before skipping the option to handle a divorce through mediation, consider the benefits that it offers:

  • Mediation can result in a better long-term relationship by avoiding court room battles.
  • Mediated divorce can be easier on any children involved since mediation typically leads to more peaceful proceedings.
  • For many, mediation is the fastest route to an agreement between parties.
  • In most cases, mediation reduces expenses associated with divorce.
  • Mediation keeps the control in the hands of the divorcing parties rather than the court.
  • Allows for discretion during the divorce process. A litigated divorce is public.

While mediation offers a number of advantages, it is not always the best answer. If you are attempting to determine if mediation is a likely solution for your divorce first sit and honestly answer the following questions. Do you think it’s possible your spouse may be hiding assets/income? Do you think your spouse is abnormally domineering/do you have trouble speaking up and voicing your opinions? Is there a history of domestic violence in the relationship? Do either you or your spouse have drug or alcohol addictions? If the answer to any of these questions is yes, a mediated divorce may not be successful.

Weigh your divorce options carefully. Every divorce is different because every couple and every family is different. If you are able to work together with your spouse to make decisions and both of you can be honest and reasonable, mediation can offer many benefits, but if you have doubts, there are other options. For help figuring out the options best suited to your specific circumstances, please get in touch with one of the experienced family law attorneys at The Maggio Law Firm today.

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 Create a Parenting Plan that Works

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmWhen a family goes through a divorce or a separation, there are a number of changes that occur. Some are huge changes that affect the entire family on a day-to-day basis. Others seem small amidst the upheaval, but can actually have long term, lasting effects and directly influence other events in the future. That’s why so many co-parents find it difficult to come up with a parenting plan that actually works. They’re in new territory. They aren’t sure what to expect.

Parents attempting to put together a parenting plan that will function for the long-term have many factors to consider, but it is possible to create a parenting plan that works.

Creating a Parenting Plan that Works:

  1. Keep the Children’s Needs the Top Priority
  2. Carefully Consider What You’re Willing to Fight For
  3. Regularly Check Back On the Plan & Revise When Necessary

It’s important that parents are realistic in their expectations of their partner and in their expectations for themselves and make sure the parenting plan works for the entire family while favoring the children’s needs. One of the most common mistakes made by new co-parents putting together an initial parenting plan is to overlook the mundane. Most take great care to fully address the major concerns: physical custody (where the child resides) and legal custody (who is responsible for making important decisions such as healthcare and education and religion, etc.) Yet once the major concerns are taken care of, some simply assume the rest will fall into place.

Since most conflict will occur during or as a result of day-to-day, mundane actions, these seemingly mundane details should actually receive a great amount of attention and care in order for a parenting plan to work. For instance, don’t overlook specifics like drop off and pick up, activity and extracurricular arrangements, holiday planning, etc. In addition to scheduling of time and transportation, new co-parents will also need to include agreements on shared parenting expenses and child support as well as co-parenting communications and how to manage the decision-making process as co-parents (particularly if co-parents share legal custody).

Addressing every little detail may seem over the top to new co-parents, but it significantly decreases the likelihood that there will be disagreements down the road. Minimize the stress of co-parenting with the most effective parenting plan possible. Get in touch with an experienced family law attorney at The Maggio Law Firm today so we can assist you in putting together an effective and positive parenting plan that will work for you and your family.

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.  

Is It Possible To Reconcile With Your Spouse After Separation?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyer; The Maggio Law FirmAre you contemplating to reconcile with your spouse after your legal separation? If that is the case, you can think about the following things.

It is important to concentrate on your communication

In order to have a good marriage, it is crucial for both the spouses to have effective and proper communication. There is a strong likelihood that problems in a couple’s marriage may pop up when there is an absence of a healthy communication between them. So, it makes sense for the couple to have a proper pact for a healthier communication going forward. It is not impossible to pick up the skills of good communication like any other skills. The first step is to understand the importance of listening without being judgmental and think with caution before replying. You should also be honest while discussing your emotions instead of being aggressive with your partner.

Both the parties should demonstrate commitment

Your efforts of marriage reconciliation can be only effective when both you and your spouse show one hundred percent commitment to it. Reuniting after being separated for some time is nothing similar to watching films on the screen and may not be a case of being romantic and living happily ever after. It is possible to enjoy a happy and long-term marriage after your separation only when both you and your spouse demonstrate your commitment towards working on it.

An honest discussion with your spouse is essential to know what you want from the marriage. If both of you want similar things from the marriage and commit to make it work, chances of reconciliation after the marriage has a better chance to work out successfully.

Necessity of teamwork

The separation period between both of you can be a stressful one. However, if you are really serious and focused on reconciliation, it is important to understand that your spouse is not your foe. When both of you are ready to work as a team, difficult conversations and discussions can become simpler. Rather than being at loggerheads, you can become mates of the same team. Looking for solutions become an easy task to accomplish.

Take an honest approach on what went wrong

Honesty in a marriage is about what was not right and ensuring that things are right this time around. So, it is imperative that both of you should sit down together and discuss honestly what was not right the last time. You should also speak about what you should do differently so that your marriage gets a second chance. You need to show kindness towards one another during this process. Indulging in blame game and arguments will not be helpful to resolve the matter or making any progress. Rather, concentrate on agreeing on what should be done differently going ahead.

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.  

Contemplating Divorce: Is Your Marriage Sick or Dead?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmThere are some who appear to always be happy in relationships including in a marital relationship. They do not have anything to complain about and they are not known to fight or argue with their spouses ever. These are fortunate people who seek to be perfectly suited for a marriage and can live happily ever after. They lead lives free of any kind of drama while others struggle to live in marital bliss. On the other hand, there are some people who seem to be at loggerheads with their spouses quite frequently and even consider asking for a divorce and going their separate ways.

Couples should try to cure their “sick” relationship prior to filing for a divorce

Are you wondering the implications of a “sick” relationship? Do you have one in your marriage too? Have you thought how to make your sick relationship better?

There are so many ways to treat the tell-tale signs of a bad relationship. You may decide to pamper yourself thoroughly by going on a reckless shopping spree. Alternatively, you may retaliate to your spouse’s taunting comments by being equally aggressive verbally. Some people even go to the extent of being emotionally disconnected from their spouses and avoid sharing intimate moments or direct conversation. While you may feel slightly better, your relationship will continue to be a sick one. Hence, it is a sensible idea to deal with the real cause instead of simply treating the symptoms. Here are some of those suggestions to improve your sick marriage:

Upgrading your attitude

A relationship can be a one-sided or one of the spouses may feel that their partner is not contributing enough to make the relationship better. All these are issues, which can be addressed quite easily and then resolved. Instead of complaining about your spouse to your friends on social media, both of you can consult a good marriage counselor who can help you to fix the contentious issues that are increasing the distance between both of you.

Improved time management

Spend more time with your spouse and engage in meaningful dialogs. The disconnect you both face may be because you are not spending enough time in each other’s company.

Realize that your relationship is dead

Despite putting the best possible efforts to improve the relationship if you and your spouse find there is an impasse, there could be two key reasons for that. Firstly, both of you did not address the core issues to work on. Secondly and sadly, the relationship cannot be salvaged at any cost. While it is sad news, you may have to consider going ahead with a split.

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.  

Signs That Your Spouse May Be Hiding Assets

Posted by: Gerald A. Maggio, Esq.

Divorce Lawyers Orange County; The Maggio Law FirmThe assets owned by you typically come under various heads such as a business, your primary residence or primary home, a professional practice, cash value of your life insurance coverage, pension funds, retirement funds, shares, savings, bank accounts and other property investments. Rather than depending on the integrity of your spouse or only relying on the fair conduct of the court, it is a sensible approach to watch out for these strategies and signs to know whether your spouse is trying to hide marital assets are not.

Check out the following key aims for your spouse to hide assets during a divorce:
1. To claim that expenses are greater than they are in reality
2. Highlight that their income is lower than it is
3. Exaggerate debts to show that they are insolvent

These are the most common tactics in a divorce:
1. Transfer asset ownership of marital assets to close friends or family members and ask them to hold until the divorce is finalized
2. Hiring a conspirator for manipulating the timing of invoicing creditors or income
3. Hiding unrecorded cash secretly
4. Extract recorded cash in the sly to apply complex accounting schemes

Check out some of these most common tricks used by spouses to hide assets:

Personal
1. Making advance claim for entitlement
2. Keep complaining about high debt or lack of money to stay away from later suspicions
3. Placing money on a casino account if the person is fond of frequent gambling
4. Announcing all of a sudden that their business has failed
5. Receive settlements and accounts at a private mailing as areas or postal box
6. Try to be secretive or tight-lipped about financial matters

Business
1. Delay in signing fresh contracts that could lead to increased income
2. Including friends or other family members on the payroll. Alternatively, pay them in lieu of their so-called consulting services that they are supposed to pay back at a later point of time
3. Pay more than what is actually due to pre-pay vendors or creditors that they refund once the divorce comes through
4. Purposely overlook reimbursing business-related expenses till the divorce is finalized

Assets
1. A spouse may sell marital assets to the friends or family members who pose as independent buyers. The profits, if any are shared once the divorce proceedings are over
2. Assets can be transferred to friends and family. Later on, once the divorce comes through, they are reversed
3. A sudden and overwhelming decline in the value of business or marital investments or assets can be declared by a spouse to minimize suspicion

Banking
1. Procure or maintain full control of the banking information, passwords and bank accounts
2. Open bank accounts in a friend or child’s name to conceal funds
3. Set up several business or personal fans accounts to transfer funds

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 Take Good Financial Decisions During A Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorney; The Maggio Law FirmAs a married couple you might have enjoyed a certain sense of financial security. Whether you were being supported by your spouse or you had two incomes coming in, it is always easier when you have someone to share the responsibility with. Going through a divorce could affect your financial situation in unexpected ways and if you are not prepared for them life could get very difficult.

Here are a few ways you can make good financial decisions to help you during a divorce:

  1. Mutual consent and shared lawyer fees: At the very start of your divorce you could find yourself shelling out a lot by way of legal fees. If you can talk to your spouse and you can both agree on a mutual consent divorce you could even hire one lawyer between both of you. A single lawyer who represents both your interests also means that you can split the cost between you two, or you should consider using a divorce mediator to work out the issues in your divorce.  Mutual consent could also avoid lengthy court proceedings which will reduce overall costs.
  1. Asset division: According to California law any property or other assets bought during marriage are considered community property and should be divided equally between partners. If you decide that you want to keep the house you might have to pay your ex for their share in the house which might not be economically feasible to you. You might want to look at the option of selling the house and dividing the amount equally between both of you.
  1. Child support: If children are involved you should consider your options for child support. If one parent has full custody an agreement should be worked out where the other parent provides financial support for the children. Even in cases of shared custody and co-parenting and arrangement can be made where the parent who earns more could help the other parent out financially.
  1. Get insurance: If you are receiving child support and alimony from your former spouse you are at possible risk of them not being able to pay you at any point. Your ex could lose their job or suffer and injury which might prevent them from working for a while making it difficult for them to pay you. You could have an agreement that requires your ex to be insured against such incidents so that they can continue with the payments.

There are many areas you might overlook while getting a divorce which could place a large financial burden on you in the long run. It might help to hire a professional to assess the situation and give you sound financial advice before you make any decisions.

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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