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Orange County divorce lawyers; The Maggio Law Firm

When Is The "Best" Time To Get Divorced?

Orange County divorce lawyers; The Maggio Law FirmAlthough you cannot put a finger on when exactly the conflicts with your spouse might take an ugly turn, you can at least determine the right time to do so when you finally decide to separate. The decision of filing for a divorce, when you have kids that need your emotional and financial support, is a pretty complex process. There are several factors that govern the right timing in applying for a divorce when you have kids at home.

The age factor

Studies indicate that younger children find it more difficult to deal with the emotional repercussions of their parents’ divorce, than teenagers. Furthermore, younger children suffer a deeper impact of a parental divorce, due to the fact that they are still financially dependent on their parents. The age and mental maturity of your kids is the primary factor that governs the right time for you to take a divorce. 

Domestic violence

In case the major deciding factor for you in separating from your spouse is domestic violence, you need to consider immediate actions to avoid any more physical or psychological harm to your children. California law has provisions for facilitating domestic violence restraining orders for the abused parent. Such restraining orders help the abused parent in obtaining temporary child support, attorney’s fees and spousal support prior to filing a divorce lawsuit. 

Child abuse

In the event of a child abuse by the other parent, California law offers the non-acting parent the facility of seeking immediate emergency custody order to eliminate any chances of imminent physical danger to the child. A delay in taking corrective legal actions against child abuse, might even land the non acting parent in a lot of trouble, since Californian law states the statutory obligations of protecting the health and safety of your child. If a parent allows the abuse to continue, the child protective services might make it extremely difficult for him to dispute the abusive parent in the court of law. 

Stay-at-home parent

It is extremely difficult for a stay at home parent or lower income earning spouse to financially provide for his/her children in the event of a divorce. It is not really feasible to simply move out of the house and file a divorce. However, California law allows the parent to stay put in his family home even after filing a divorce, in case he and his children are not in any physical danger. You may then request fast court orders in such situations, to obtain rapid settlement.

Although there is no right time to file for a divorce, by following the aforementioned guidelines, you can ensure the safety and well-being of your children and take some of the sting out of the process.

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_attorneyGerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.



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