Top 5 Things To Avoid Doing When Planning To Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmAnyone who has had a divorce will tell you that it is a tough process. The couples are often tensed and they often make unwise decisions due to emotions running high. After all, it is a stage when the spouses need to sort out emotional, practical and financial details. So, it is hardly surprising that there are many such couples who end up making big mistakes while getting divorced. Here are some of those tips on what you should avoid doing while filing for your divorce.

Do not get pregnant

If you become pregnant while your divorce proceeding is going on, things can be pretty complicated for you. In fact, and your pregnancy can even become a barrier in the way of your right to get divorced.

Do not say ‘No” to meet a therapist

Getting in touch with a therapist may help you to overcome your wide range of emotions that is normal for any spouse to feel while dealing with the trauma of divorce. In fact, it is not a bad idea at all to get professional assistance before you are extremely angry or depressed. You can not only share your inner feelings with an expert therapist but they are professionals who can help you to relax, guide you how to interact with your children in the changing scenario and ways of retaining your composure in the court. The most important help a therapist can offer you is to learn ways of becoming a self-dependent person!

Do not overlook the task of changing your existing will

Your will is not automatically revoked because you are getting a divorce. You must update the will in case you want to stop your soon to be former spouse from getting the privileges mentioned in your existing will. After all, a will can be redone at any time. However, in case you pass away before getting the divorce and you have not left anything for your spouse, he or she can file a lawsuit to recover a portion of your property.

Do not take out your frustration on the children

Your kids need a supportive and tension free environment to cope up with you and your spouse’s divorce. Try to talk as less as possible about the process in front of them. This way, you can give more time to your kids. Your energy needs to be refocused so that you can visit their school events, take them out to the zoo or got movies and help them out with their homework.

Try to avoid settling early

You may desire that your marriage should end as soon as possible. But that does not mean you will let go of your financial security. Create copies of the crucial financial documents, mutual fund statements, credit card statements, and brokerage and tax forms.

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 Lose Your Child Custody Case

Posted by: Gerald A. Maggio, Esq.

orange county child custody attorneys; The Maggio Law FirmWhen you lose your child’s custody, it can be a terrible experience for you as a parent. It will be quite tough to come to terms with the fact that your court thinks that your kids will be better off with the other parent. When such a thing happens to you, there are certain steps that you may take so that there could be a reversal of the decision and you can win back your children’s custody. You can try out some of the tips mentioned below.

Do some serious self-retrospection on what went wrong

Take an unbiased approach on what prompted the judge to arrive at such a decision of awarding the custody of your kids to somebody else. Were you incorrectly alleged of neglecting your kids or child abuse? Or did you violate any court order? When you have a fair idea of why such a decision was taken, you can take proper steps for correcting the situation.

Take legal help

If you are serious about winning back your child’s custody, you may have to work with a reputable divorce lawyer who is experienced in handling as well as running similar cases in the past, start asking your relatives and friends for some good referrals to seek an Orange County divorce lawyer dealing in child custody cases.

Request for an evaluation

After you have hired a lawyer and have started completing the steps required by the court, you can request your judge to conduct an in-home evaluation for child custody. Such a step will give an updated assessment of your home to the concerned court that could also help in winning back the custody

Abide by court’s orders and instructions

You should not ignore anything that the court asks you to do. Do not miss any court hearing and avoid rescheduling appointments with the guardian of the child or a mediator ordered by your court.

Try to be compliant and patient

When you wait for the re-evaluation of the agreement related to your child custody, you should ensure that you are exercising your parenting and visitation rights properly. Try to stay away for all those things that could aggravate the situation further. You should put on your best efforts to be courteous and civil while picking up your children for the visits.

Contemplate on the possibility of some other custody arrangement

You can also think about considering other options of custody. Initially, you might have wanted sole custody but after losing custody, you may agree to the idea of shared custody.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the Orange County divorce process.  

How Can The Legal Impacts Of Divorce Affect Families?

Posted by: Gerald A. Maggio, Esq.

orange county divorce attorney; The Maggio Law FirmThe final call to end your marriage can be a tough one. The transition is even more painful when kids are involved in the marriage. A good parent will always ensure that there is a solid decision-making process involved for the welfare of the children. Plus, it is crucial to understand the kind of repercussion a divorce can cause on your family prior to moving forward. Reputable Orange County divorce attorneys at our firm will be more than pleased to help you out so that the impact of divorce on your family is minimized.

You will definitely agree that knowledge can be true power. When you know the possible tough spots, you can be well-equipped to face them bravely. Thus, complete awareness is an important need while it is a question of making sound decisions. Knowledge also enables you to prepare adequately when you have made up your mind to go ahead with a divorce. Divorce can usually have an impact on family life in two critical legal areas. The court will pass an order, which clarifies matters related to child support and child custody as a part of your divorce. However, changes in scenarios, which may need to rethink these matters, can be handled at a later point in time for future modifications.

  1. Child custody

Ascertaining matters related to child custody is a vital component of any divorce. It is possible that both the spouses may work out in an amicable manner through one of the Orange County divorce mediators. Alternatively, the matter may be contested by one of the parties and eventually handled by the court. Custody can exist in two forms, which are legal and physical. When a parent is awarded the legal custody of his or her kid, they have the right to decide on various issues like the general welfare, schooling, and health of the said child. On the other hand, physical custody refers to the living condition of the child. The issue of visitation is dealt as a subject of the agreement on the child’s physical custody. The court can award sole or joint custody to the parents.

  1. Child support

Once a divorce is through, there is also the issue of child support that needs to be sorted out by both the parties. For instance, certain court systems lay down guidelines to ascertain the amount of money a parent should pay to the receiving parent for child support. Such guidelines also specify which party should be responsible for paying child support and who is entitled to get this kind of a familial support according to the court’s orders. There could be a change in the amount of money required or owed for child support over a period of time. Such changes can lead to a requirement for a revision of the initial agreement.

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.  

Best Tips to Manage Anxiety and Depression During Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmWhen your spouse left you, you may feel completely shattered in the beginning. In fact, such emotions may come as a big surprise to you since it was you who had asked him to end the marriage. Anxiety, sadness, and depression are typical mental states that you may go through during your divorce. To make matters even worse, you may even suffer from bouts of insomnia and wake up in the middle of the night and take restless walks continuously while your sleep evades you completely. Your mental state may vary from mild melancholy to crying.

You need not feel disillusioned since these emotions are not permanent and you start recovering when your brain starts catching up with the new lifestyle. But that does not mean you should take your mental state lightly either. The best way to deal with your sadness at this stage is to explore them with the tools you come across often outside your divorce coaching. While you can reduce your pain, erasing it completely can be quite a difficult proposition.

The anxiety and depression you are going through is temporary in all likelihood

You may get inspired to know that these emotions will not stay with you forever.  So it is better to work toward handling them as early as possible instead of being complacent. The first tip to get you going at this critical stage of your life is to move on with life despite your current mental state.

You need to take small and yet meaningful steps while navigating your anxiety and depression during the divorce

When you are incapable of getting up and start moving, it is possible that you are not in a position to indulge in self-motivation. If that is the case, you should start your recovery process by taking baby steps. But in case you have tried to practice techniques on your behavior modification but still feel that your mental state is not showing any kind of improvement, i.e. you still believe you are anxious or seriously depressed, it is perhaps time to consult a medical professional or a doctor to seek guidance and get them prescribe the right medication for you as soon as possible.

Two of the usual by-products of any divorce are anxiety and depression. Such emotions are for good reason as everything that was familiar is no longer the same. It is time now to identify your shifting moods and try to address them to come out of your mental state. You can start doing so by following the tip “keep moving” in your life so that your depression demons can be kept at bay.

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 Know About Taxes In A Divorce Or Separation

Posted by: Gerald A. Maggio, Esq.

Orange county divorce lawyer; The Maggio Law FirmDivorce is not an easy time for most couples and their families. However, a question whose answer is easy to respond to is the tax implications of a legal separation or a divorce. It has been observed quite often that there are several people who end up paying an exorbitant amount as tax after their divorce. It happens as they are not familiar with the implications in the beginning. After all, a family goes through a crucial transition and hardly enjoys paying a big sum in taxes due to a breakdown in the relationship. Thus, it makes sense for the affected couples to spend some time to think carefully about tax. It will really be an excellent investment for them.

What is the most crucial thing one needs to be familiar with tax on separation or divorce?

As long as a couple lives together and are married, they can transfer assets to each other without altering the CGT or capital gains tax.

However, there are many people who do not realize:

The tax benefit associated with a marriage ceases to exist when the tax year ends just after a permanent legal separation and even before a divorce is effective. Hence, when a couple separates say on January 1st but decides that they want to split after 6 months, they can no longer enjoy the benefit of transferring assets with one another free of tax.

What is the remedial action(s)?

From the tax perspective, it is better to legally separate by the first week of April. Such a decision will give a period of an entire year to the said couple for planning issues related to asset transfer between one another.

Though it may not be a practical action to take for many couples, they may invest some time thinking about it. The harsh reality is by the time most people start thinking about issues related to tax planning when they are getting divorced; they may not enjoy the exemption on Capital Gains Tax.

Family Home

It will be eligible for being exempted from capital gains tax while transferring. However, it has to be the primary residence of the couple throughout the ownership period. The couple can enjoy a relief from capital gains tax when such houses are sold, which have been their main home. Sometimes, there may be some relief even if the said family house is not the main residence during the time a couple was married. In such scenarios, there could be an extension of relief period.

Certain businesses may be granted exemption from CGT:

  1. Some shares in trading companies that are unquoted
  2. Interests in trading partnership
  3. Sole proprietorship

However, the tax implications of a divorce or a legal separation may vary from state to state. Consult a good Orange County divorce attorney to get help and expert guidance when you are about to separate or divorce from your spouse.

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 Move Forward With Your Decision to Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce attorneys; The Maggio Law FirmYou may be in a state a shock and stuck with going ahead with your divorce for several reasons. Fear is one of the prime reasons that may make you feel uncertain and hesitant about your big decision. After all, divorce is a big change in one’s life where no one likes to be in. It will make you come out of your comfort zone that you had been used to and were familiar with. No matter what kind of emotions you are going through, it is crucial to know that what you are going through is not unusual. But such dilemma and emotions are temporary in nature.  As you take your initial steps in this journey, you will be able to have a control over these feelings and the healing process will gradually start.

Below are some of the ways to move forward with your decision to get divorced.

List down all those negative emotions that are making you indecisive and confused

You should try identifying and making a list of your top three fears that are holding you back to proceed with the divorce. There is no harm in feeling the fear but list down the steps you should take so that they do not become a reality. Finding out solutions is the only method to combat fear.

List down all the reasons that will point out why divorce is the best possible step for you

Each human being is unique with his/her own skills, talents and strengths. As you move towards the decision of taking a divorce from your partner remember that you have every right to do something that is in your best interests. You will feel more motivated and strong when you concentrate on your strengths rather than focusing on your fears. It is important to have faith in yourself and be prepared to cope with whatever awaits you while your divorce proceedings continue. Try to overcome your fears by embracing your potential.

Have a proper support system around you so that you can move forward with confidence

Your close friends and supportive family members are going to be a great resource of strength while the divorce proceedings are continuing. So, surround yourself with people who you think will stick to you in your difficult times since you could be feeling vulnerable and somewhat lost. You need love and affection, which your support system can give you in abundance. When you start leaning on your dear ones during such trying times, your transition period will be much easier and you can attain your goals with great ease. So, after you have your network of support system in place, have found out your biggest fears and learned how to fight them, it is time to get ready to end your marriage.

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 Obtain A Restraining Order Against A Former Spouse

Posted by: Gerald A. Maggio, Esq.

Orange County restraining orders; The Maggio Law FirmThere can be varyings degree of conflicts in every family. However, when there is an element of violence or the threat of abuse against your kids or you should take the matter seriously and try getting a restraining order from the court. Irrespective of what the situation may be, a spouse should never resort to violence to exercise control over someone else or certain circumstances. However, if such a scenario does take place, the said restraining order may offer additional layer of protection so that the fender can be deterred from trying to get in touch with the victim

Ways of getting a restraining order

You can procure a restraining order in two different ways. You can either approach the court of your country or a state or get in touch with the local police station. F you are in severe danger, you can contact the police station via the emergency contact number. However, when there is no I mire t threat of danger, you can visit the court or call the police station in your locality through the listed number.

Irrespective of whether you head towards the local police station or a courthouse, you need to gill up a form. You need to mention the reason why you are requesting for your restraining orders.  The officers may also make necessary arrangements so that you contact the judge. In case you fill your request after several hours, they may ask you to get I touch with the concerned judge over the phone. If the judge does grant the request made by you, there will be an immediate temporary restraining order will be immediately effective and a court date would be scheduled. Thereafter, your ex-spouse will be notified by the court about the restraining order along either the court date that should typically happen within a fortnight.

How to appear in the court before your judge when a restraining order is awarded

Here are a few tips to appear before your judge. It is expected that the judge will ask you to repeat your request for getting a restraining court. You need to ensure the following:

·        Always try to speak the truth

·        Speak with proper clarity and repeat the facts that are relevant to your request.

·        Carry all the important and relevant documentation so like text records or e-mails when you arrive at the court.

·        You can state all such history or back stories, which could matter for the judge to make his/her decision like previous acts of physical abuse or violence against the kids or you.

In case you have any restraining orders from the past, you should also show them to the judge. It will be incorrect on your part to assume that the judge will have knowledge about them automatically.

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.  

Tips To Ensure That Marriage Counseling Works

Posted by: Gerald A. Maggio, Esq.

Orange County divorce lawyers; The Maggio Law FirmThere is a common perception among many that when a couple goes for marriage counseling, it is not a good sign for the marriage. However, in several cases, it does not signify that there is a breakdown in the marriage. Rather, it could mean that the couple could be still united. At least, they could be still willing to work out on certain issues in their marriage. Thus, it may not be the case of a marriage going bitter when partners go for marriage counseling. For many couples, marriage counseling has definitely made things work for the better. But how to ensure that marriage counseling works out successfully? The following are a few tips:

You need to seek out the right marriage counselor

Do not be in a haste to select a counselor or do not depend on your insurance company to help you with that. You can use search engines like Google to search the details of some counselor in your neighborhood. Try using Google reviews and go through them to know how good a counselor is. These reviews will give you a fair idea about how effective he or she has been with previous clients. Find out some referrals from your friends and colleagues. Alternatively, post your exact requirements on the social media and ask whether anyone has a good referral or not.

While it is possible that you may feel embarrassed to get in touch with a counselor initially, you will be really surprised to find out that many couples go through such sessions.

Both the spouses should be thoroughly committed to the counseling process

While both you and your spouse may not see eye to eye on various issues, if you agree on the idea of counseling, the process may be a successful one. The process may not be an effective one whenever one of the partners does not show interest or is skeptical about the entire process of counseling.  You may not get success in a marriage counseling as a couple when one of you is doubtful about the effectiveness of the process or foes not want to give it a try.

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.  

Ways to ensure you get your alimony

Posted by: Gerald A. Maggio, Esq.

Top divorce attorneys in Orange County; The Maggio Law FirmThere are various ways to help you in getting your alimony. In fact, this process can be faster when you are aware where and who should you go to for help and are knowledgeable about what your exact rights are.

How to get your alimony initially?

If you are requesting for alimony in the court, it actually means that you are indirectly saying that you require financial help on a monthly basis as an outcome of your marriage’s economic status. Now, this further signifies that if your spouse was the only earning member of the family or even though you did earn some money, it is not adequate to meet your financial needs, a request or petition for alimony is considered as a reasonable one. But whether you are eventually awarded alimony out of a divorce agreement will depend on various factors like the state’s laws where you reside. Usually, following are some of the ways which can help you getting your alimony.

  • You need to provide evidence that the income of your spouse exceeded much more than that of yours throughout the years when you both remained married.
  • You need to show that due to a certain inability you are unable to obtain work that could have otherwise covered your expenses.
  • Make it clear to your judge in case your living conditions or financial standing will be negatively and significantly changed if you are not awarded the alimony.

In most of the scenarios, the judge has the discretion to take a decision on if you should be awarded or not awarded alimony after your divorce comes through. In order to increase the possibility of you being awarded the alimony, it is crucial to prove how badly you require the money. Another important thing that you have to ensure is that the agreement on alimony is available in writing.  This will be helpful for you later in case you have to establish that such an agreement was made.

As an added measure you can also make your spouse understand that he or she will be benefiting with potential tax benefits while paying alimony to you. This is all that you can do for convincing your spouse that paying alimony us not a bad idea.

Will your alimony payments keep coming?

Though the judge in a court ordered in favor of you for your spouse to pay the alimony, it does not mean it is meant to be your permanent source of income. This is because the divorce agreements may be reviewed at the request of either of the spouses and even be revised by the court at times. It also means that there could be an end to your alimony payments in case the spouse who is paying it can establish that such monthly payments are not needed anymore.

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.  

Doing Your Homework To Make Divorce Mediation Successful

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation lawyers; The Maggio Law FirmWhile divorces and legal separation are commonplace these days even after years of togetherness, it is important to ensure that the process is carried out smoothly without further hatred and ill feelings towards one another. Today, many couples decide to embrace mediation for sorting their marital issues in a civilized way while parting so that they can save their money and have no misgivings. Such goals are easier to fulfill when both parties are ready to opt for a mediation while their divorce is underway.

Check out how you can do your homework prior to mediation so that the possibility of getting success is higher:

1. Emotional preparedness
While it may be an obvious one but there are occasions when people cannot keep their emotions under control while discussing about their finances, marriage or children. You should understand that mediators will not be surprised when they find frustration, fury or tears from both sides. There are some people who may have been concealing their true feelings until now and are stunned to see them coming out in the open. When such emotions surface before others, mediation can get stifled. But you should not let your feelings prevent a fruitful mediation. It is important to take a deep breath and gather your emotions and thoughts. You may even request a brief respite.

2. Preparedness with figures
When you want to opt for a mediation for discussing finances, income and properties, a thorough preparedness becomes a necessity. If you want to adopt a number you feel is accurate such as the worth of your marital house, attend the mediation session with the relevant documentation to establish your viewpoint and facilitate the progress of mediation in a smooth manner. Many spouses are known to feel comfortable and relaxed while arriving at an agreement related to finances when they are confident about their figures. Thus, a discussion on proper calculations backed by concrete figures can make the mediation process an effective one.

3. Be prepared to listen more
While it may sound cliche and immature, the framework for any fruitful mediation is to listen to the words of the other party carefully while the mediation is going on. When you listen patiently and prepare your responses carefully. your mediation can be more productive.

Professional Orange County divorce mediators are present to facilitate, assist and guide their clients so that both the parties can have a highly productive discussion and reach an agreement at the end. When both parties are willing to work together in a harmonious manner, the likelihood of a successful and effective divorce mediation can go up significantly.

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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