When a marriage is on the verge of a collapse, both the parties may say things they do not mean out of anger and frustration. If you cool down a bit and take a rationalistic view, you will realize that although both you and your spouse have entered into the marriage with complete consent, you are not giving the efforts of late that you had been giving in the beginning of your relationship. Some of them include:
Both of you have stopped complimenting one another
You are not willing to help each other anymore
You have stopped speaking about your feelings
Both of you have stopped complementing one another
It is possible that if you give some space to one another, both of you will realize the important aspects of your marriage that seem to have fallen apart. Do you feel that is the case between both of you? If that is so, separating legally from your spouse can be the most suitable alternative for you. While making a decision on whether to opt for a trial separation or a permanent one, you may go through a lot of emotional upheavals. Though separating from your spouse may appear to be the best thing to do, chances are that it may not be the most suitable action for you.
How you decide to spend the time of your separation is very crucial when you and your spouse take a call to separate. You should use the time to get some useful perspective and retrospect on the pros and cons of your marriage. While such a phase in your life can be shocking, you can utilize it well by following the tips mentioned below:
Do not spend all your free time alone
It is the perfect time to meet up your family and friends who can help you to cope up in this transitional phase in your life. You should use the time to spend some time with your nephew or visit your parents or grandparents. It is crucial to contact your social circle especially since an important chunk of your social circle could have walked out the door.
You should also make an effort to enjoy your “me” time
Irrespective of how unhealthy or happy your marriage was, there is likelihood that you both you and your partner spent a lot of time in each other’s company. Although, it may not have been quality time, yet it was time nevertheless. So, now that you are separated, utilize your time to enjoy moments of solitude and peace. It is also the right time for you to follow your hobbies or passion. Try reigniting a hobby, which you might not have followed for a while. You can also listen to some lively music to recharge and revitalize you. However, do not spend this time to indulge in self-pity. Sulking and sitting alone think about the past cannot heal your pain.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Before understanding how your marital pretty should be split during a divorce, it is important to recognize what a marital property means. Any property owned by you or your spouse during the course of your marriage is counted as a marital property. The properties you owned prior to getting married or any property that you inherit while being married is not considered as your marital property. Some spouses are under the impression that they can escape the process of splitting their marital assets; however, a divorce lawyer is a smart professional. Hunting for hidden assets is one of their top priorities when they fight cases for their clients. If you do not want to get penalized by the court for tucking your marital asset, later on, it is better to disclose such properties in the beginning. Check out the following tips for splitting your marital properties while your divorce proceeding is pending.
Take help of a mediator
It is a good decision that you hire a mediator who will help you by working on sticky issues, which may pop up while the marital properties are being split. While it is a requirement in some States to have mediation while the divorce process is on, other States do not have such a requirement. It is better to save your money and time by hiring a reputable mediator who will help you in this process prior to the involvement of the courts.
Stop fighting on small issues
When you let emotions rule over your good sense, your objectives may not be fulfilled. For instance, there could be a portrait in your bedroom, which you are emotionally attached to and want to take it with you by any means and you do not agree with your spouse that he or she should have it. In case you fail to arrive at an amicable settlement on such trivial issues, your judge may not care about your emotional attachment to certain objects. A court’s job is to find out the assets acquired by you during your marriage, As such, it will instruct the property to be split according to the laws of your state and not according to what you want. To put it simply, it is you and not the judge who has made an emotional and financial investment in your marital property. A judge cannot and is not in a position to order for the split of marital properties in a manner that will satisfy both the parties involved. If the couples can mutually sort out those issues, then only both of them can be satisfied. Any attempt made to hide marital assets is a legal offense, which means you are violating the law.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
It is common knowledge that nearly thousands of foreign citizens migrate to the US every year in search of a better livelihood. Even though the process helps in uplifting the social, political and economic status of these immigrants, problems can arise when complicated issues of domestic violence, divorce and child custody come into play.
Dealing with International Clients
It is common for foreign clients of American lawyers to be faced with numerous strange predicaments. However, the common ones may include dilemmas such as the parent wanting to shift base to a foreign country and taking the child along either at the time of separation or after divorce. Alternatively, the parent may have already taken the child with him/her and the spouse is demanding for the child to be sent back. Sometimes, one parent is unwilling to trust the law and order of the foreign country with regards to custody cases. So it is important to first know whether the country that the other parent is from recognizes the “Hague Convention” with respect to the international law for child abductions.
What is the essence of child abduction law and custody jurisdiction in such cases? A parent is barred from gaining any practical or legal advantage by moving the child’s base to a new country or state. It is imperative for the couple seeking separation or divorce to register the case in the court located in the habitual residence of the child prior to moving.
General Principe for Child Custody
In case where a US citizen marries an immigrant, child custody cases can get quite complicated. But the general principle with regards to child custody as spelt out by the U.S. Supreme Court in one of its notable cases is this:
The interest of the parent in the kid’s upbringing is of highest importance. Therefore, a person’s immigration status is never the only factor which is taken into account when deciding whether or not he/she cane get child custody.
The custody of the child is determined by the overall best interests of the child. This typically includes his/her medical, educational and financial situation.
Consider a hypothetical case wherein a couple is fighting for child custody and the father is originally from Russia whereas the mother is US citizen. The father, despite being a Russian citizen has every right to try and obtain the custody of his child. He may do so by proving to the court that he is capable of providing the child with education, financial support as well as good health. He can find a way to show to the court that is he would be able to make a certain amount of money once back in his own country and also highlight the resources that would be made available to ensure the child’s overall well being in Russia.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Protracted divorce proceedings may soon be another footnote in legal history. James Mize, a Judge in Sacramento has created a program which makes it easy and swift to divorce in a day. The newly launched program is made to cater to individuals who are unable to afford a proper divorce lawyer. According to Mize, the program pulls in folks who languish at the bottom and who have no help and does not have any kind of representative assistance.
Needed services for such an initiative are catered by 80 attorneys, miscellaneous staff and a number of law students. They will volunteer the needed services to assist couples discuss all terms related to divorce agreements. They will also prepare the necessary paperwork needed to obtain final judgment. When all the steps are completed, the relevant parties will approach the judge in the same day. The once couples will subsequently exit the courthouse carrying a final judgment of marriage dissolution.
Participation
This One Day Divorce Program is best for litigants who want to represent themselves. They should have filed a divorce or dissolution of marriage case within Sacramento County, California. They also must show themselves ready for judgment. To figure out whether the case is ready for judgment, the answer must be positive for questions like whether the Respondent were served summons and also petition. There should a Proof of Service of Summons. Alternatively, a response should have been filed with Court. The final question is whether the individual and spouse would have completed an agreement on all the orders which will be included in the judgment, like property division, spousal support and debts. In case the couple has children, child support and a parenting plan should have been included as well.
Do note that any action leading to dissolution in Sacramento County is possible only if one spouse or both have lived in the county for the last three months. They should be California residents for a minimum of six months. Other than the residency requirements, a few extra rules must also be considered in case one spouse lives outside California State. To be more specific, a spouse who resides in any other state or even in another country could make an objection to a California court jurisdiction. If this happens, a California Court could be stopped from taking important orders.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
While you might find it tempting to conceal a certain part of your assets from your divorcing spouse, it is not really a good idea when it comes to legal implications of the same. Similarly, if in case you suspect that your partner is not providing complete disclosure of his or her assets for the purpose of distribution in a divorce, you must understand that the state laws of California stipulate stringent legal actions against such an act. When it comes to rectifying the omission of an asset disclosure, there are typically two aspects that are taken into consideration: the time of discovery and whether the omission was intentional or a mistake.
Asset omission through a mistake and discovered after the final court order
In case a spouse has inadvertently failed to make a complete disclosure of his/her assets, and it is discovered after the final judgment has been announced, the court has the right to alter the order and divide the asset as per the stipulates of the Californian State laws.
Intentional omission discovered before the final court order
Speaking of the obvious, an intentional concealment of an asset by a divorcing party is treated quite differently as in the case where the omission was an honest mistake. According to the Californian law, both the divorcing parties have the ‘fiduciary duty’ of serving a declaration of disclosure that contains all the information about their assets and debts to each other, failing which the guilty party will be faced with stringent corrective actions from the court of law. In some cases, an incomplete disclosure of an asset may also lead to the court ordering 100% ownership of the said asset to the other party involved.
Intentional omission discovered after the final court order
In the event that you discover an intentional un-disclosure of your spouse’s assets after the court has announced the judgment, the Californian law offers you the right to set aside the court order as ‘based on fraud’. In addition to this, you also have the right to file a tort action or the infringement of your rights, against your guilty partner.
The bottom line is that it is prudent to follow the laws of your state and provide proper disclosures of your assets and liabilities, in order to facilitate smooth and trouble free divorce proceedings. It is always advisable to be as transparent as possible in your case.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
It is not uncommon for parties to a divorce or termination of domestic partnership to subsequently reconcile before their case is done. In that event, you would need to file a “Request for Dismissal” with the court (California Judicial Council Form CIV-110). This will dismiss the case, if the legal separation or divorce is not finalized. Remember that if you later wish to proceed down this path of reconciliation and then later you change your mind (you want to be divorced), you must begin from the start. You have to pay the court filing fee again and also qualify for any fee waiver.
In case you are not the spouse who have initiated the divorce case, it will not be possible to stop the process by your own. There is a need for the other spouse to file Request for Dismissa if they filed a Response in the case. This is required to dismiss the case.
In case both the spouses or the domestic partners have filed for joint summary dissolution, and judgment has not reached the final stage, any one of the spouses can terminate the case by the filing of “Notice of Revocation of Petition for Summary Dissolution” (Judicial Counsel Form FL-830.) The other form is “Revocation of Termination of Domestic Partnership”. Both of them can be done with Secretary of State (domestic partners).
Registrations for domestic partnerships are different from the marriage licenses. The office of California Secretary of State continues to process the Declarations of Domestic Partnership and Notices of Termination of Domestic Partnership along with other related filings which are permissible by the state laws. Marriage licenses are processed by County governments.
Provisions which govern the domestic partnerships can be located in California Family Code. It begins with section 297. There is an establishment of domestic partnership when persons who satisfy criteria stated by section 297 of California Family Code file either Confidential Declaration of Domestic Partnership or Declaration of Domestic Partnership with California Secretary of State. The copy of declaration and Certificate of Registration of Domestic Partnership can be returned to partners post filing the declaration.
Two individuals who have lived together in a state that can be regarded as domestic partners and if those two meet criteria as laid out by the section 297 of California Family Code could file Confidential Declaration of Domestic Partnership with California Secretary of State.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The Orange County Family Law local rules as well as the broader California laws require a mandatory child custody mediation to be set before a court hearing at which a court order or modification to an earlier court order pertaining to child custody and visitation take place.
Moreover, if a parent fails to turn up for a child custody mediation session without having valid reasons for his or her absence once or repeatedly, he or she may be prevented from being heard further on the issues of child custody and visitation. If it goes to the hearing stage, it may become extremely difficult for the absentee parent to explain their stand.
Custody issues are often the hardest to settle and can’t be settled under premarital agreement settlements since the right of a child belongs exclusively to the child themselves and their best interests would be held paramount by all courts.
Although a mediator can’t be decisions like a judge or an arbitrator, they can definitely propel the discussion between the two parties forward and create a peaceful environment under which discussions can be held, even for such spouses who have come out of an acrimonious relationship and don’t see eye to eye. A mediator plays a vital role and his intervention is often the only reason why a discussion goes forward.
How to prepare for child custody mediation
In order to prepare for child custody mediation, try to gather as much evidence or relevant information about your child that would help you while presenting your side of the argument or making your proposals.
One important step is to understand your custody rights and obligations from an experienced and licensed attorney. You can also prepare and present a list of daily schedules for yourself and your child that would convey how emotionally and personally invested you are in the growth and welfare of your child. You should also present your child custody and visitation proposal during the mediation process after taking advice from your attorney.
You will also need to come to an agreement with the other parent for deciding the scheduled visits and where to drop and pick up the child from and also special occasions or moments in the child’s life when they would expect both their parents to gather.
You may also do well to get an understanding of some commonly used legal phraseology or jargon that may be thrown around during the mediation discussions. Consult your attorney and prepare yourself accordingly.
In order to prepare for the child custody meetings, be honest and think, if you are really capable of taking care of your child. At all points, their interests will be to be kept in mind. Be compassionate towards the other party and you may be able to reach a mediation agreement regarding to your child easily.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The instructions and forms used by you to end your case is dependent on whether case respondents have filed the necessary response and whether you and your domestic partner or spouse have an agreement concerning the ending of marriage, support issues, dividing property and debt, and also visitation and child custody.
You have to complete a number of forms, and it can turn out to be extremely complicated in the case of inclusion of child custody and child support orders. It is possible to get help in Orange County, CA in this process from The Maggio Law Firm in such cases.
If you file the case
Do understand that you have to fill a number of forms to complete all through the court process. This could turn out to be extremely complicated. The level of complexity increases if you want the inclusion of support orders, property division orders and child custody orders.
The first step is to fill out the court forms. What you fill in can affect the case outcome. It is thus important to be complete and accurate. This can be important if you believe that there can be disagreements between you and your partner concerning issues which the court forms ask you to fill in. Have the forms reviewed after you complete them. You may have to fill out local forms if needed.
The second step is to file the forms with Court Clerk. Turn in both originals and copies. In case they have no obvious errors, the original forms will be taken by the clerk and the copies returned to you. There will be a “filed” stamp. You will also have to pay a certain filing fee. In case you find the fee unaffordable, it is possible to have a fee waiver.
The third step is serving the first set of all the court forms. As per the law, your domestic partner or spouse must be told that you have initiated legal process for annulment, legal separation or a divorce. To make this possible, it is compulsory for you to serve your domestic partner or spouse with the copies of all court papers. The fourth step and subsequent steps involves you filling out and serving the financial disclosure forms. Then you have to wait on whether your partner or spouse responds to your petition.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Anyone of the spouses in marriage or as a partner in registered domestic partnership has the right to request the court to terminate their legal relationship. Your domestic partner or spouse has requested the court to end the relationship in case you received a summons and petition for legal separation or dissolution (divorce). In Orange County, CA, the court has the power to end domestic partnership or marriage even if the other partner is unwilling to be legally separated or divorced.
Response options
In case you are served with summons and petition, then you are regarded as the respondent in the court case for legal separation or divorce. You must carefully read papers served on you. The Petition informs you what your domestic partner or spouse (the petitioner) has asked for. You can get important information concerning your rights from The Summons and about the process of separation or divorce. There will be standard restraining orders which will restrict what you can do with the property, assets or debts. You or your partner or spouse can be prohibited to move out of state with children borne from the partnership or marriage. You may also be stopped from applying or renewal of passport for the children, without prior written consent. A court order could be required.
Options after personal service has been done
You have a number of options after being served. The easiest thing to do is to do absolutely nothing. If you take this path, then demands of your partner will be granted in its entirety. This situation is termed a “default judgment.” If your agreement is written and notarized and where you and your domestic partner or spouse has agreed to end the partnership or marriage, then also you have to do nothing. If you and your spouse agree about other things like property division, partner or spousal support, then it is also termed as “default with agreement”. This is due to the fact that you have not filed for any response.
Other ways of responding include filing a response with court but also reaching agreement with your domestic partner or spouse about all issues. This option is regarded as an “uncontested” divorce case as you and your domestic partner or spouse is not battling over issues. If you file a response with court, and also disagree with domestic partner or spouse, then it is regarded as a “contested divorce.”
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Being served a subpoena means you must appear in court and testify. The legal document also orders you to bring supporting documents on the date mentioned in the subpoena. In most cases, people don’t like subpoenas because they are forced to do something that they normally wouldn’t do. A subpoena can be misused depending on who is issuing it and to what extent.
Subpoena duces tecum literally means “bring it with you.” If you get a subpoena, you must bring every material that might support or break a case. The materials include reports, tapes, files or specific records. You may also have to provide financial notes and appointment dates.
In a divorce proceeding, you might have to appear in court with evidence supporting child custody or any other evidence that you are ordered to bring.
Uses
Subpoenas are used by attorneys to obtain information that might strengthen or weaken a client’s case. It could lead to someone’s innocence or guilt depending on the subpoena. In divorce cases, a divorce attorney could issue a subpoena to the opposite party to settle custody issues. Subpoenas are issued under the criminal procedure laws and are taken very seriously. Failure to respond to a subpoena can attract heavy fine or even jail.
It is also used to settle property claims in a divorce case. If one spouse feels deprived of getting an equal property share, then a subpoena can order the other spouse to appear before the court and justify his/her actions.
The subpoena is usually signed by an attorney acting on behalf of the court in which the attorney practices. If the subpoena orders an important government official to be present in court, it must be signed and authorized by an administrative law judge.
Misuses
Subpoenas are often misused by one spouse to harass the other. A subpoena can be misused by an attorney when he/she issues it without providing a deposition notice. The subpoena is mailed or handed over directly to the other person.
Another way in which subpoenas are misused is the issue of a subpoena that is not justified in a criminal court. It can ask for absurd claims and documents. In a court of law, the subpoena needs to be authorized through the proper legal channel, but some attorneys use it to shake up the opposition. The moment someone receives a subpoena, he/she gets agitated and attorneys often take advantage of such situations.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Irvine divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
When a marriage is on the verge of a collapse, both the parties may say things they do not mean out of anger and frustration. If you cool down a bit and take a rationalistic view, you will realize that although both you and your spouse have entered into the marriage with complete consent, you are not giving the efforts of late that you had been giving in the beginning of your relationship. Some of them include:
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters. 
