Military personnel are considered the protectors of the nation, who lay down their lives to defend the country we love. While all of us have respect for the military personnel that protect our motherland, have any of us wondered if their legal rights are similar to that of a common U.S. citizen? Military personnel have a life that’s for the most part alien compared to the life we have.
Most military men and women, however, do get married like the rest of us and they too can have problems in their married life. Problems in married life usually spell out divorce and there can be instances where divorce is the only option left for such personnel. While the process of family law or divorce mediation is rather hassle free and easy to go through, there can be complications if the dispute involves a current military personnel as one of the spouses.
The Issues They May Face
It should be clear by now that the military personnel have the same legal rights as that of us civilians and are likely to face the same issues we face and maybe more. At the time of the divorce, military personnel can go through issues such as:
Child custody
Child Support
Alimony payments
Division of assets
Rights of Modifications
The Benefits
There are two ways to a divorce available to them, getting a divorce through litigation or getting Orange County divorce mediation. While both are likely to get the desired result of separation and ending of marriage, it is recommended that family law and divorce mediation is used because it is a cheaper and more private for the spouses to settle their differences and agree to a solution and a post divorce agreement. Privacy is likely to be an important consideration for military personnel because they wouldn’t want the respect that comes with being military personnel to be tarnished by any such cases and bad publicity.
The View of the Law
The act that governs how civil matters apply to military personnel is the Service Members Civil Relief Act. It has a provision which doesn’t allow the lawsuits against members of the military that are currently deployed from going ahead. This act is of great aid to military personnel since it protects them in matters such as child custody, alimony payments/spousal support, and even divorce litigation proceedings.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Some parties come to divorce mediation in Orange County and elsewhere because of the cost advantages of this process over litigation. This is a valid reason since divorce mediation is considerably more cost-efficient when compared to litigation as there is no need for two separate attorneys and court fees. As such, the financial considerations are understandably the reasons why people come to divorce mediation. There are, however, other costs as well that justifies considering divorce mediation over litigation.
Cost of Emotions
This isn’t a monetary expense, yet it is a heavy cost that most couples have to pay in the litigation process. Mediation, on the other hand, is your chance to significantly minimize the emotional costs. Why? Good Orange County divorce mediators are adept at handling the emotional side of divorces and will be good comforters to you. Unlike the aggressive court proceedings, here the mediator will tend to keep a tab on emotions and make sure the mediation is carried out in a peaceful and calm manner. When you are emotionally charged, especially if you have kids,, breaking down emotionally isn’t an option. A good divorce mediator will act as a calming influence in your life and help you get through the rough patch unscathed.
Lack of Attendance on Job/Business
This is a monetary expense just like the financial costs. In court cases and litigation processes, each spouse will have to make court appearances. These court appearances can range from a few to many, as all hearings are usually necessary to attend. The hearing is scheduled after seeing the availability of the judge and both the spouses’ attorneys. This means that the spouses will have to attend the hearings on the date set irrespective of their schedule. In most cases their job and their business will be neglected on such days, and this can be really costly. In contrast, in divorce mediation, the dates for the process are set according to the availability of both the spouses and are flexible to change.
Out-of-the-Blue Financial Hardships
Starting a divorce through an attorney means that each spouse has likely paid an initial retainer fee. The retainer fee is the advance of all the meetings and calls that the attorney will have and charge at an hourly rate. However, it is common in court cases for clients and attorneys to contact one another multiple times. This means a spouse is likely to have very high legal fees. A spouse may also be needed to pay extra amounts for accountants and other experts that are called in to help resolve the case.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Welcome to California Divorce Mediator’s PODCAST explaining some of the hard facts and harsh realities about the current divorce process in the United States.
Gerald A. Maggio is a trained 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.
Welcome to California Divorce Mediator’s PODCAST explaining how divorce mediation can save the financial future of your children and your family.
Gerald A. Maggio is a trained 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.
Feelings of guilt, shame, disappointment, and fear of the unknown are common in people who are going through or have gone through a divorce. When a relationship starts to fall apart, the dreams of the couples are shattered causing most couples to feel like a failure while others may make themselves immune of whatever is happening around them by acting as uninformed. While such feelings are bound to exist, and are normal to experience, the news of your Orange County divorce needs to be told to a few people. Here are a few of the people who you should tell about your divorce.
Family
When we say family, we mean your immediate family. These consist of your children, your parents, and you siblings. The most important part is telling your children because this decision will have an ever lasting impact on their lives. Making sure you tell them in a way that they understand is vital. While they are being told about this decision, there has to reiterations to them about your love and care for them. Your parents and siblings will act as your buffer. They are likely to help you get through this difficult period and assure you of their acceptance of you and your decision.
Friends
Your friends mean your closest friends. These people have been closest to you for a number of years and just like all the other secrets you can share with them, they need to know about your divorce. Your friends are your main support group. They will help you avoid that feeling of being alone and hounded.
Financial Advisor
Your financial advisor should know that you are going through a divorce irrespective if it’s a divorce mediation or litigation. These are the people who’ll help draw up your financial list and tell you what you’ll need in terms of finances in the post divorce time. It is important that you and your financial advisor are honest about your assets because hiding assets and lying about them will only draw the divorce longer.
Business Partner
If you own any kind of a business in partnership, you need to inform your business partner(s) regarding your divorce. This is important because your divorce can have an impact on the division of shares and profits and other financial matters, and the other stakeholders in the business should know about it.
Estate Planning Attorney
Your estate and property are all part of your list of assets, and during a divorce these are likely to have an impact. Telling this to your estate planner is vital because they’ll help you in the planning for the future and figuring out the best picks in your divorce mediation agreement.
Irrespective of the method of divorce you choose, the myth that divorce should be secretive and kept between the lawyers and the concerned parties only isn’t true. To help you through a divorce both emotionally and financially, you need people and they need to be informed about your decision. While the method does not matter in terms of informing others, it matters if you want a smooth divorce.
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.
Did you just get a divorce? If your divorce was finalized a few months back, the headache of filing for taxes may have already fallen upon you. New divorcees will get to experience all of it for the first time, i.e. filing tax returns and dealing with new tax issues. Here are five things to know to reduce the anxiety that comes with filing taxes:
1. Figure Out Your Filing Status
Determine the date the judge finalized the divorce. If your divorce was finalized by midnight on December 31st, you will generally have to file your tax returns separately. If your divorce judgment was entered after January 1st, you have the option of filing “married filing jointly” (if your spouse is agreeable and it makes sense to do so) or “married filing separately.” If you share custody of your children, you will generally get to claim head of the household status.
2. Child Support Payments vs. Spousal Support Payments
It is very important to know that people who pay alimony are entitled to write those payments off as a tax deduction, and those receiving spousal support must claim it as “income” on their tax returns. Therefore, both parties should plan their tax obligations accordingly. On the other hand, those paying child support cannot claim such payments on their taxes as a deduction, and those receiving child support do not need to report such payments on their tax returns.
3. Determine Who Gets the Child Exemptions
During divorce proceedings, you and your partner can decide on who gets qualified to claim the child/children as tax exemptions. If you have joint custody (i.e. 50% each), then generally you should agree to alternate the right to claim the tax exemption each year. Otherwise, the party who has over 50% custody gets to claim the child as a tax exemption pursuant to the IRS Code.
4. Change Your Withholding on the W-4 Form
You can claim extra tax exemption on your W-4 form through your employer to offset the tax deduction for spousal support payments you are making, leaving you with more net income each month. On the other hand, people who receive alimony payments can ask their employer to withhold additional taxes from their paycheck to cover their new tax liability.
5. Review the Legal Fees
If you filed for divorce using the litigation method, you might have significant legal fees incurred. Unfortunately, most legal fees are not tax-deductible, but fees that you paid for advice regarding taxes are.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Divorce mediation is a popular method used by divorcing partners to settle their differences amicably. The proceedings involve a mediator who sits down with the two parties to discuss and solve issues. A mediator isn’t supposed to support one party over the other. The mediator is neutral and impartial.
What role does a mediator play then? They are more like facilitators helping you and your partner come up with a settlement agreement. To help you understand what mediation is exactly, read on.
Can Anyone Use Mediation?
Mostly everyone can use mediation to dissolve his or her marriage, except for those who are victims of physical or emotional abuse. If you aren’t a victim of extreme circumstances, you should contact a mediator if you want to avoid a messy divorce. If you are still unsure about mediation, you should know that this method has many benefits.
What are the Benefits of Mediation?
Divorce mediation can provide you and your partner with numerous benefits such as these:
It’s cheaper than litigation
Both parties, together, decide what goes into the settlement agreement
Mediation is confidential, no record is kept of the sessions
It’s a collaboration between both parties so both parties leave satisfied
Both parties can still visit a lawyer for additional advice
Instead of the court controlling the process, both of you control it
Mediation improves communication between the two of you, which helps you avoid conflicts in the future
In addition, it’s important that they compromise and not stay rigid when deciding on a solution to resolve an issue. Also, remember that mediation will only be successful if both partners are equally willing to put their differences aside and discuss issues.
Tips to Make Your Mediation Sessions a Success
If your partner has suggested that you both should try mediation, don’t brush the suggestion off. Instead, research on what it is or talk to a mediator to find out more. Most sites will tell you that divorce mediation is a powerful process that actually works and they are right.
However, the process won’t work if you visit the mediator with a negative mindset to attack every suggestion your partner gives you. Use this time to discuss everything that’s on your mind such as property disputes, child support and child custody, among others. Hence, if you are seriously considering this option, follow these tips to make your sessions a success:
Involve yourself in the discussion
Don’t hold back, voice your concerns
Compromise on certain issues
Remember that the primary goal is to resolve issues, not create more
Keep your tone pleasant
Don’t lash out at your partner
Be patient and listen
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Child support is ordered by the judge granting one partner the right to receive money from the other. The partner who has more custodial time of the child(ren) usually seeks child support. However, child support laws differ from state to state so the divorcing parties need to ask their attorney about what the laws are in their state. If you live in California, then you need to have some understanding of the law.
Child Support Laws in California
Judges have to follow specific guidelines when deciding how much child support one party has to pay. They consider these factors when deciding on the amount payable:
Gross income of each parent
Number of kids
Percentage of time each parent spends with the kids
Where one party is paying mortgage interest and property taxes on a property
The medical insurance premiums paid each month and by whom
Whether one party is in a union and pays union dues and mandatory retirement each month
Courts use a computer program, such as Dissomaster or Xspouse, which are based on the California formula for child support to calculate monthly child support payments.
Determining Income
Each partner provides the court with their gross income, which the court uses to determine the gross annual income and divides it by 12 to get the monthly amount. For your knowledge, gross income can consist of:
W-2 income (salary and bonuses/commissions)
Rental income
Interest
Pensions
Social Security benefits
Disability Insurance benefits
Workers Compensation benefits
Unemployment Insurance Benefits
Investment income
Trust income
Royalties
Dividends
Income from Owned Business(es)
What Actions does the Court Take if the Partner is Unemployed?
Some people may quit their job to show the court that they are unable to provide the ordered child support payments. If this scenario comes to the court’s attention, it will consider the amount the partner was earning prior to quitting their job and otherwise is able to earn and calculate child support using that. Before ordering that, the unemployed partner will have to provide the court with proof stating that there are available jobs that he/she is qualified to apply.
Determining Timeshare
The court looks at what the regular weekly custodial schedule is, along with the annual holiday and vacation schedule to determine the percentage of custodial timeshare for each parent. The most accurate way to determine such percentages is to break down each party’s custodial time into hours and then divide by the number of hours in one year (8,760).
You should always consult with an experienced divorce mediator or attorney to fully understand what child support you can expect to pay or receive.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Over the years, you and your partner acquired many things together, but now that you are in the midst of a divorce, it’s time to divide the assets. Deciding on who gets what is a difficult task to tackle successfully. Depending on the number of years you were married, dividing the assets can become an even more complex process. Where there is property, there will be disputes.
How to Avoid Angry Partners? Play Nice
Disputes over assets have been going on for years between divorcing parties. The outcome of fighting over assets isn’t a satisfactory one, as by the end of it, both are bitter, exhausted, and may not have gotten what they really wanted. Their lawyers probably fought ferociously to get their client the best deal, but one person’s lawyer was just a better arguer. So, is there a better way to handle the division of assets? Of course, there is.
Both of you can sit together and make a list of all the assets in a good-natured way. Usually, partners use their attorneys to send the other partner a message, but that only makes things worse and may even delay the process. Instead, coming up with an agreement together will help speed up the divorce proceedings. When both parties refuse to meet up alone then they should go for divorce mediation.
Hire a Divorce Mediator
When both partners refuse to see eye to eye, they may need a push in the right direction. They need the assistance of a divorce mediator to facilitate communication amongst them. Through divorce mediation, both parties will be able to come to an agreeable resolution regarding the distribution of assets. Later, they can take it to a divorce lawyer for a second opinion. However, if you choose litigation, the process of dividing assets such as house and car will differ.
Dividing a House and a Car
In many circumstances, judges can award the house to the partner who has primary custody of the kids. If children are not involved, dividing the house is a major issue which most couples solve between themselves or by putting it on the market. The next issue that arises is dividing the cars.
Regardless of who owns the vehicle, in a marriage they become marital property. The first thing that people look at is to figure out the car’s market value, which can be determined by Kelly Blue Book or other online car valuation websites. If you own a leased car, the car is more of a financial liability than an asset. In addition to dividing cars and the house, you need to divide household items.
Dividing Retirement Benefits and Co-Owned Family Business
Working people often don’t believe that their partner is entitled to their retirement benefits. However, this is a common misconception because just like with vehicle ownership, retirement benefits are community marital property. With joint businesses, a person can buy their partner’s share or provide them with financial compensation.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
If your marriage is in trouble and you are thinking of separating permanently from each other, are you thinking of choosing litigation or divorce mediation? If your answer is litigation, after reading this article, you may change your mind. Read over the six reasons why divorce mediation reigns supreme over litigation:
1. Why Divorce Mediation is the Right Option
Even though you are not on speaking terms, you both want something out of this divorce. Litigation will not do that for you. Litigation picks sides with lawyers warring with each other to provide what is best for their client. Fair enough, if you are ready to come out as a loser, one party may leave the courthouse distressed, in tears, or anger. So, what will satisfy you both? Divorce mediation. Through divorce mediation, couples can come up with their own terms and conditions regarding all the vital issues regarding the dissolution of their marriage.
2. The Ball is in Your Court
You with your partners will sit down with the mediator to talk about the best ways to tackle issues plaguing your marriage. Everything from finances to the custody of kids (if you have any) is going to be discussed. Unlike in litigation where the lawyer is influencing your decision, the mediator will sit there to listen to both of your arguments, and then reach an agreement. You will have a say in the proceedings and what the mediator needs to omit.
3. Your Bank Account is Going to be Preserved
Are you ready to put all your savings on the line? You probably are not, but if you choose litigation, expect to shell out a lot of money. On the other hand, there is divorce mediation, a simpler and less costly method to call a marriage off.
4. The Length of the Sessions Are Flexible Based on Needs
With divorce mediation, the parties have flexibility with the mediation sessions. If progress is being made in a particular session, then there is flexibility to keep the session going. If the parties are emotional or the issues in a particular session are tough on the parties, then that session can be ended, to come back another day.
5. The Divorce Process is Shorter
With litigation, you can expect the divorce proceedings to be lengthier. You want to move on with your new life as soon as possible, but that can be difficult if coming to an agreement or a litigated resolution takes months or years. In mediation, the parties ultimately have the power to reach a resolution more quickly than a litigated divorce.
6. Divorce Mediation Yields Good Results
Most importantly, each session will provide you with some closure with issues looming on your mind. Your partner and you will be able to come to an amicable agreement and will likely still be able to remain friendly and have some respect for the other.
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.
Military personnel are considered the protectors of the nation, who lay down their lives to defend the country we love. While all of us have respect for the military personnel that protect our motherland, have any of us wondered if their legal rights are similar to that of a common U.S. citizen? Military personnel have a life that’s for the most part alien compared to the life we have.
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. 
