Tips for Splitting Marital Property During a Divorce

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys in orange countyBefore 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 

Posted on Monday, September 18th, 2017. Filed under California divorce, California Family Law, Division of Property, Division of retirement plans, Divorce, Divorce & Debts, Divorce & Division of Property, Divorce & Family Businesses, Divorce advice, Divorce court proceedings, Divorce Mediation, Family Law, Frequently asked questions, Orange County divorce, Orange County divorce mediation, Orange County divorce mediators.
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What Is Divorce Coaching And How Can It Be Useful To You?

Posted by: Gerald A. Maggio, Esq.

Divorce mediation attorneys in Orange County; California Divorce MediatorsWhile terms like litigation and divorce attorneys are known to many, everyone is not so aware of divorce coaches. A good divorce coach may have a very important role to play when your divorce proceeding is going on. If you are wondering what a divorce coach is, they are individuals who can guide you to explore different facts of your divorce.  They are particularly of help for all those parties who could be moving ahead with an amicable separation.

Defining divorce coaching

A third party who can offer assistance at different points while a divorce is going on is called a divorce coach. They are professionals usually having a background in family or marriage therapy. A divorce coach can prove to be a valuable asset for all those couples who want to separate amicably and yet are having a tough time in conducting a productive and stress free discussion without the presence of an intermediary. A divorce coach frequently helps in making both the parties communicate about tough and contentious discussion points so that the talks do not take an ugly turn and there is a better result for the concerned parties.

Different roles of a divorce coach

Divorce coaching may take place in several ways. A divorce coach can get involved in the difficult phases of a divorce so that the couple finds it easier to figure out the right divorce method for them. They also enable the couples to sort out their different marital challenges and live together for a long time to come.

A divorce coach has a significant role to play when the actual divorce process continues. Their key aim is to ensure that there is a successful communication between both the parties so that the couple can arrive at an agreement that is mutually beneficial in the long term.

Last, but not the last, a divorce coach can also play a big part in offering a helping hand during the parenting process post a couple’s divorce in some cases. It is a specialized form of divorce coaching which is referred to as a “Co-parenting coach.” Such a coach is equipped in navigating through the post-divorce parenting process to come up with the best possible solution for the concerned family.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

How to Make Your Child Feel Protected After Divorce

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys in Orange County; California Divorce MediatorsAlthough you may be divorced now and you are bringing up your kids on your own, not is still your responsibility to ensure that your kid feels secure and safe after the divorce. Follow the below-mentioned tips to make your kid feel protected even after you get divorced.

Your children should get proper care

Since there will be two households after the divorce, both the parents need to work on a majority of occasions. But when there are younger kids at home, you become highly dependent on childcare. So, select a reputable child care provider where you children will love to spend their time. So, do not just leave your kids with anyone. It is better not to have someone with your child who is just a casual acquaintance of you. Do proper homework on the childcare center or the person where you will leave your child. When your children are sad or mistreated, it gets reflected in their behavior.

They should have a place that they can call their home

Kids do not go to their father’s house or your mother’s hours. They just want to return to their homes. Parents can go for an arrangement so that the child does not have to shift from their family home even after the divorce. In case either you or your partner are not okay with such an arrangement, both of you need to ensure that your kids have a proper roof and a place where are secure and safe irrespective of whether they are residing either their daddy or mommy. It means they love to have their own room so that they can call their friends overt. Their home should be in a safe neighborhood or in a good school district.

They should have a responsible adult to depend on

Divorce can embitter the ex-spouses against each other and emotions can rule over sensibility. However, your children need not be a privy to your arguments and bickering. If you and your former spouse are not careful, it can have a negative impact on the security of your family. So, behave like an adult in front of your kids, no matter what you are feeling.

Parent should be good provider

Your kids require good food, a periodic outing like going for a movie, new shoes, and clothes. So, you should ensure that you have a stable job. You need all the extra bucks to give a comfortable life to your kids even after the divorce. In case you are a daddy, do not simply leave your job with an intention to shell out fewer payments for child support. On the other hand, if you are a mom and stay at home, it is time you start working too instead of completely depending on child support.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

Why Divorce Mediation Is Better Than Litigation

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys in Orange CountyThe decision on whether one should settle your divorce case through mediation or litigation will depend on individual circumstances of every case. There are many cases when the two parties can sit together and negotiate their settlement details through mediation.  However, there are other cases where mediation becomes a futile exercise and the two parties fail to. You can else enter into a deal with the come to any amicable settlement.

Mediation is a cost-effective technique to resolve the differences in a divorce in some circumstances. But there are other circumstances when one of the parties or both of them need to approach a court to get the desired outcomes.

Merits of settling a divorce case

Settlement offers a host of benefits as compared to a divorce lawsuit or a legal dispute. Here are some of them.

Stress

It is possible to reduce stressful situations to some extent by opting for a settlement as compared to going for a trial or litigation.  The latter may have unexpected outcomes and both parties may not like to stand on a witness stand in the court and share their private stories with the judge in front of many people. Additionally, they may not like the prospect of being cross-examined by the lawyer for the other party.

Less expensive

When the parties opt for a trial, the process involves experts, attorneys, time, travel, witnesses among others. In case a case can be settled prior to going on a trial, several such expenses are drastically reduced or removed altogether.

More predictable as compared to trial

Any good divorce lawyer will mention that the decision of a jury is not quite predictable. In comparison, you can declare your terms for the divorce settlement agreements. You can also enter into a deal either the other party, which is acceptable to both of you.

Privacy

If you opt for settling your case, many of its details are not included in the court documents. They are not treated as public records; clause god confidentiality is included in several court documents.

Sense of finality prevails

If a couple opts for litigation, the party that lists the case has a right to appeal against the judgment made by a court. Thus, the divorce process may drag on for several months. On the other hand, a settlement is not usually appealed.

When is it better to opt for litigation?

When either both the parties or one of them do not agree to settle or refuses to come to a negotiating table then a lawsuit can become imperative at other times when a plaintiff needs to settle his or her sense of what is wrong and what is right, they may opt for a legal proceeding.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

Lawyer Or Mediator? Which One Should You Opt For During Divorce

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation; California Divorce MediatorsDivorces can be complicated matters and getting caught in the middle of legal problems is common. some people try avoiding divorce cases by going through a mediation first.  A divorce mediator helps couples either negotiate divorce settlements or resolve issues that leads to the dissolution of marriage.

However, divorce mediation is not appropriate in all situations.  For certain cases where domestic abuse or some kind of crime is involved, courts often start divorce proceedings without a mediation. But it can be confusing for people who are stuck in between and don’t know whether to hire a lawyer or a mediator.

When does mediation work?

California courts always favor divorce mediations and alternatives to divorce because it saves them for going into complicated cases. They can instead focus on more pressing matters. It is the reason why courts ask couples to go through a mediation process before the divorce is finalized.

Mediation processes are successful when the idea of a divorce is mutual and both parties understand what it means for them. Divorce mediations are useful when the couples are open to comprise without any emotional attachment.

Mediation is a powerful process and many marriages have worked out after couples went through a mediation process.

When does going to a lawyer work?

Divorce mediations are absolutely necessary but in some cases, they are not required. In cases where clear signs of domestic abuse or child abuse is involved, mediation is unnecessary. In other cases, where the court feels that a mediation is waste of time, divorce proceedings are directly handled by lawyers. Sometimes, mediators and lawyers are the same person and the roles are intertwined. For such lawyers, it becomes easy to do both without the client or the courts interference.

Conclusion

Since divorces can become ugly, mediation processes that can potentially save the marriage is often used to pacify issues between the couple. Mediation processes work best when both parties are ready to reach a common ground where they can work out things. Often, it helps save their marriage. Divorce mediations also help couples who aren’t too emotional or touchy about the dissolution of their marriage.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

All You Need to Know About California Child Custody Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsThe 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

What To Consider About Kids and Finances After Divorce

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsThere are many people who go all numb when their divorce proceeding is underway. The reason for such an emotional state is because it could be too much to go through all sorts of chaos and painful feelings as the harsh reality is there for them.  However, things can be even more complicated where kids are involved in a divorce. Firstly, there is this emotional trauma. Above that, there is the important concern of money.

Breaking up is quite simple and straightforward for all those divorcing couples do not have kids from their marriages. If you fall into that category, simply divide your and your spouse’s assets and start life afresh after your divorce comes through. On the other hand, divorcing couples with children face a more complicated problem and if they are younger, things could be even trickier. In a nutshell, child support could be quite a complicated area.

Costs of child support

The cost of child support may be paid to either the mother or father. It actually depends on who is taking care if the kids. A parent who pays the maintenance cost can often be the “non-custodial parent.” In a majority of these cases, it is the father or the ex-husband, who plays this role or pays the maintenance costs.

The family house

One of the most important priorities for the divorcing couple is to ensure that the kids should continue having a proper home for them even after the finalization of the divorce. There are several such occasions where it has been observed that the ex-husbands have a tendency to sell if the house and go away with 50 percent of its value but it does not have to be so necessarily.  When too many assets are not there to split, assuming the wife is the primary career and the kids are usually permitted to continue staying in the same home. In case either of the partners behind a new relationship; matters could be even more complicated. When the mother gets married again or brings in a new partner, there are no alterations in the obligations of the father as he has to keep beating the maintenance costs as he was doing previously. However, he is no longer obliged to pay for the maintenance of his former wife any longer in case she cohabits in some cases or remarries.

However, if the father starts cohabiting with a new partner and the latter has kids from an earlier relationship but now live with them, he could be paying less money for child maintenance to his own biological children.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

A Calm Mindset Is The Best Way To Get Divorced

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsThere are many emotions brought by a divorce. This is especially true when the couple has had a bad time in their marriage. It is normal to go through feelings such ad fear, fury, sadness, and anxiety. However, you need to remember that the degree of emotions will slowly subside with the passage of time. So, when you are undergoing a divorce process it is better to be calm. So do not get agitated as this would only spoil your health. Studies have shown that people who are composed during such times are better equipped to manage the difficulties that accompany a divorce process. Do not continue a blame game with your partner as nothing would come out of it eventually.

Stop being resentful

Divorce should not be looked upon as a means of settling scores or a way to take revenge against your spouse. If you regard the resolution of your marriage as a battle, there is a high possibility that the divorce process will be more expensive and time-consuming. It is recommended to go for divorce mediation so that you can avoid the long and tiring courtroom proceedings and end up hating one another even more. Studies have also proved that it can help to support the needs of the kids as well as getting emotional satisfaction.

Focus on a smooth split

In many cases, it is not unusual that you do not want to talk to your spouse from whom you intend to part soon. However, despite the ill-feelings, aim for a smooth split. Cooperation, as well as proper communication, will help in making the process healthier and less stressful for both the parties, Moreover when you seek the help of a psychologist and a divorce mediator, you and our estranged partner can avoid conflicts and bitterness.

Do not neglect your health

This is a phase when you must take good care of your health. Speak to your family and friends for comfort and support. Alternatively, the idea of joining a formal support group also makes sense as they help you to cope up with your pent up emotions. There are many people who begin a fresh chapter after their divorce by taking up new hobbies or indulging in activities they had not attempted before. Even you can start doing the same. Make sure to eat well and be physically fit. When the divorce gets nasty, your spouse and you start despising one another even more. Now, that is not good as you still have joint responsibilities as parents. So, try to be amicable while parting since it is good for your sanity, purse, and kids.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

Mediation For Younger Couples Compared To Gray Couples

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsDivorce is a time of great hardship and both individuals have a hard time dealing with the reality. However, for some it is easier to accept the fact more than others. For young couples, who haven’t stayed married for a longer time, dealing with divorce is relatively easier than for gray couples. For gray couples, a divorce is more than just a physical separation from their partner. It is a new way of life and for some it can be very tough. Also, there is the question of property and asset separation which is more likely to be much more difficult for gray couples than for young couples.

Mediation is commonly used in divorce cases to ensure that the whole thing goes smoothly. But mediators might use different approach for young and gray couples because the issues are different.

Mediation for young couples

Lawyers who mediate young couples will often focus on the importance of marriage rather than a divorce. Often, mediators will offer couples to go for a separation instead. Since, the marriage period is small, a separation might help them understand what it means to stay apart from each other. Also, mediators will discuss the pros and cons of getting a divorce at an early stage. If the mediator becomes convinced that reconciliation is not possible, then he will focus on the advantages of getting a divorce. It is expected that younger couples won’t have children or much property and therefore, the divorce becomes much easier.

Mediation for gray couples

Gray couples have spent a longer time in marriage and their decision to divorce must be a strong one. However, mediators will often ask couples to reconsider the case and look for options to avoid a divorce. Most gray couples will have children and their assets and properties will also be huge. On top of that there will be the issue of taxes. So, overall, things like child custody, property division, alimony, tax and debt will play a major part in the divorce.

Conclusion

Mediation is important for every couple planning to get a divorce. However, not every couple will require the same type of mediation. For younger couples, the approach will be slightly different than it will be for gray couples. Things like huge assets, child custody, tax and debt won’t be a big issue for young couples as it will be for gray couples. Mediators must consider every factor before mediating.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation

When Are Two Mediators Used During a Divorce?

Posted by: Gerald A. Maggio, Esq.

Orange county divorce mediators; California Divorce MediatorsNowadays, divorce has become a common issue and couples who are unhappy with the marriage head for a divorce. Mediation plays a big part in divorce proceedings. Often, if the couple have not undergone a mediation program, the court will appoint one for them. But court-appointed mediation does not work as well as mediators who work separately. One of the biggest reasons is that court appointed mediators are given a time limit and often that limit is not enough to complete the mediation process properly. Mediation is given so that couples understand the divorce proceeding and what is required from them. In some cases, mediation processes also end up saving the marriage.

In most cases, one person acts as the mediation lawyer for both individuals. However, in some cases, two mediators are used.

When one of you is a close friend of the mediator

It could happen that one of you are good friends with a divorce mediator. So, it’s possible that the mediator favors one of you over the other, although mediators go out of their way to remain neutral even in such situations.  Also, having close friends mediating your divorce might not be a good idea if  there are things about you which probably you don’t want the world to know.

When one mediation does not work

Sometimes, couples might feel that one mediation is not enough or that the mediator has not done a good job. One of the primary objectives of mediation is to enlighten the couples about the divorce proceeding and what should be their best course of action. If a mediator fails to do that, then couples have the right to seek out the help of another mediator. However, they should first check the reputation and background of the second mediator they are hiring.

Conclusion

Mediation is an important part of divorce and should be taken seriously. However, in certain cases, one mediator does not work and therefore a second one may be required. It usually happens if the primary mediator is a family friend or at least close to one of you. You can also choose another mediator if you’re not happy with the service of the first one. It is important to know when you need a second mediator for the job. Spending unnecessarily on another person is not a good idea especially when you’re going to face financial damage during your divorce.

To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation