Understanding Uncontested Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsUncontested divorce means the spouses agrees on all major issues linked with getting divorced. These issues include the sharing of parenting responsibilities and also parenting time. The duration of child support and the amount of money must be taken into account. Property division and debt division must also be included.

In case the couple can reach an agreement, they can file paperwork sans any court appearance. The divorce will be final as soon as required period of time as per California law has elapsed. It is to be noted that not all uncontested divorce proceedings are the same. These kind of divorces may also run into choppy weather.  The simplest process happens when no minor children are with the couple and assets are minimal. The proceedings will go fast if each of the spouses are financially independent or capable to support himself or herself by independent means.

If substantial assets or minor children are present

Couples with substantial assets or minor children will be able to move through any uncontested divorce on the proviso that they can agree on all major issues. A few minor disagreements will not derail an uncontested divorce. Negotiation, however, must occur between the two until a complete agreement was reached.  A good communication between the spouses will assist in direct negotiations. In case this cannot be the option, the couple can approach a mediator. The professional can then assist in resolving the disagreements. Negotiation may also be done through attorneys. The last option will ratchet up expenses.

Attorneys and uncontested divorce

At attorney may not need to be hired if the couple concerned was not married for a long time. There is no minor children which needs caring. Assets are also too few to be divided. If a complex situation persists, then it makes a wise move to hire an attorney.

Advantages associated with uncontested divorce

The biggest advantage without hiring an attorney is cost. These kind of divorces are considerably cheaper compared to contested divorces. Any uncontested divorce could be completed by paying court filing fees. Even when there are attorneys involved in preparing the paperwork or assisting with the limited negotiations, these fees could be kept much low if that couple can able to arrive at an agreement without taking legal recourse to any court proceedings. Another advantage of uncontested divorce that it can be done out of court. Conflicts are kept to a minimum and recovery time is sped up.

Top Myths About California Premarital Agreements

Posted by: Gerald A. Maggio, Esq.

Prenuptial agreements Orange County; California Divorce MediatorsOne of the most important things couples need to discuss before getting married is whether they should opt for a premarital or prenuptial agreement (prenup). Almost everyone around you will have some views or the other regarding prenups. Prenups have often been misunderstood and many believe that it means something bad, potentially encouraging or mentally preparing for a divorce before a couple is even married. Below is a list of prenup myths that have been debunked and you’ll find that the agreement is not as bad as it sounds.

Prenups are the reason for divorce

You must have often heard divorcees say that one of the reasons for their divorce was prenups. It is believed that prenups destroy a relationship because it indicates that the one making the agreement is interested in money more than anything else. Although true that prenups are used for protecting financial assets, it is also true that prenups help build a solid foundation for relationships. Couples should be aware of their individual financial standings and should discuss future financial plans with their partners.

Prenups are only used during failed marriages

Another myth regarding prenuptial agreements is that they can only be used when the relationship does not work out. Prenups are useful financial planning tools and help couples determine a good estate plan to save themselves from future financial damage.

Prenups are for gray couples

Contrary to popular belief, prenups are as much for younger couples as they are for older ones. As a matter of fact, young couples should make it a point to sign prenup agreements because it saves future assets for unfair divisions. Nobody knows how much wealth one will accrue over a period of time but it is important to protect financial assets nonetheless.

Prenups are expensive

Compared to your wedding costs, prenups are a bargain. Prenups are protection agreements and are only used when needed. It’s a one-time cost and very helpful in protecting finances.

Prenups are only for the rich

Since prenups are used to protect finances, many people have made it look like they are used only by rich individuals who feel their finances need to be protected. Although true to a certain extent, it is also true that prenups can be used by average earners too. Since prenups protect wealth accumulated during the marriage, it becomes helpful when an average person becomes rich later on in life.

Conclusion

Prenuptial agreements are full of myths and understand the reality should be a matter of priority for married couples. A prenup is a useful tool and can be used for a variety of purposes.

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

Top Parenting Suggestions After Your Divorce

Posted by: Gerald A. Maggio, Esq.

Father's Rights attorneys; California Divorce MediatorsWhen you are planning to get a divorce or going through a divorce, a key area of concern should be how your kids may get impacted by your divorce. Several studies have shown that divorce can have a negative impact on their children. So, it is hardly surprising that parents are bothered about the welfare of their children when they plan to get divorced. How your children may be affected by your divorce depend on the method of parenting that you select. While your children may be negatively impacted by the divorce, there are several ways to avoid such impact.

Behave maturely with your spouse in front of the kids

The manner in which you and the other parent behave with each other while your divorce is underway or after it has been finalized will determine how your children get affected by your decision. When kids see their parents at loggerheads during or even after the divorce they get a feeling that they have also become a part of such conflict.

Children should not be dragged into conflicts

Hence, when you do not want your children to be harmed by your divorce, it is your responsibility to ensure that they are not dragged into the conflicts between you and their other parent. Some parents have a feeling that tensions in a divorce cannot be avoided but irrespective of what their feelings are, it is necessary to take positive steps so that your children do not feel harassed and are not stuck in between two hostile parents. Here are some simple parenting methods after your divorce comes through.

Abstain from doing the following:

  • Do not use your kids as messengers or to seek information about your ex’s social activities, dating life, and home.
  • Trying to get the favor of your child so that the other parent is punished.
  • Utter negative remarks about your ex in front of your children.
  • Discussing financial issues with your children. These matters could be pertaining to a delayed check of child support; adult financial issues no fund to pay your rent and so on.
  • Share fault problems about you and your former spouse with the kids. These may include topics like the reasons why you got a divorce, infidelity or details about the divorce proceedings.
  • Your marriage comes to an end after the divorce comes through. However, that does mean your responsibility also as a parent also ceases. A key responsibility is to establish a positive relationship with your ex for effective co-parenting.

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

Ways of Trying to Save Your Marriage

Posted by: Gerald A. Maggio, Esq.

mediator divorce orange county; California Divorce MediatorsThere are very few couples who like the prospect of getting divorced. After all, when a marriage ends, it is tough for the concerned couple and also for their other family members. Sadly though, for some couples, there is no other choice apart from getting divorced. When such a situation occurs, both the partners may be under stress, saddened and disillusioned. It is natural for some spouses to realize at this juncture that they should save their marriages at all cost. In fact, it is not an unusual reaction. Though situation like this may appear hopeless, it is still possible to save some marriages. Read on how it is not an impossible task to save a marriage even while a divorce appears imminent.

Both the parties need to be vulnerable 

The spouses must be vulnerable in order to save their marriage and enjoy a blissful life. When spouses start expressing and being vocal about their inner feelings once again, their hearts are bound to open. Both the parties are reserved and furious with each other when a divorce appears to be imminent. Instead of behaving in this fashion, couples should express their emotions positively. Such an act can avert the possibility of a divorce as they help in doing away with emotional disconnect if any while expressing their love and forgiveness towards one another. There is ample evidence where marriages are found to be crumbling down when couples start being guarded towards each other. So, try to be vulnerable so that sharing your feelings become simpler and romance is back in your marriage once again.

Try to find out what went wrong by entering into discussion mode 

It takes a good deal of effort to stop a divorce, which seems imminent. Both the spouses need to work continuously on their strained relationship so that it gets improved and the marriage can be saved. Both the parties should try their best to eliminate any kind of hostility to reach such a point. An easy way to accomplish that is to identify what went wrong in their marriage. When couples attend professional counseling sessions, they can have these tough discussions in an unbiased and productive manner. It is important to remember that the couple should adopt the right attitude so that contentious issues can get resolved in an amicable manner and their marriage can be saved.

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

How Long Before You Can Receive Spousal Support In A California Divorce?

Posted by: Gerald A. Maggio, Esq.

Orange County spousal support; California Divorce MediatorsThis is a point that concerns many couples who are facing divorce proceedings in the State of California. The answer to how long you must wait for spousal support depends on understanding the distinction between temporary and permanent spousal support orders.

Extending the divorce petition

The divorce process in California starts with the serving of the petition. The spousal support request can be filed at the same time as the petition. The court generally issues a hearing date between 30 to 90 days of presenting the request. In some of the California counties, the parties presenting the petition can reserve a date in advance. In the rest of the counties, the clerk assigns a date that is available. The wait time until the requesting parties receive the hearing date depends on the family law judge, to whom the case is assigned. If the judge is busy, it might take longer than usual.

Once a hearing date is assigned and is served, the other spouse files and serves a declaration and finally the matter proceeds to the hearing. Spouses have the option of settling the spousal support matters before the hearing and also at the hearing.

Spousal support on temporary basis

This kind of support means the support that is extend by the spouse while the divorce proceedings are on and before it comes to an end. The spousal support request can be presented in the form of request to order, as mentioned earlier in the article. It is a pretty straightforward process and can be carried out along with the divorce proceedings.

Spousal support by judgment (permanent support)

Spousal support by judgment is not as straightforward as the support on temporary basis. It generally is a result of:

  • A settlement
  • A divorce trial

The settlement usually results in a stipulated judgment. If the support is contested and is moved to trial then the judge decides on the amount and the duration for which the spousal support is to be extended. The time taken to reach this judgment depends on:

  • The duration of marriage
  • Disputes regarding the finances of the spouse, or cases such as unemployment of spouse in which case it has to be decided if the other spouse should have their income attributed to the unemployed spouse
  • The standard of living of the couple, during the duration of their marriage
  • Other issues that can cause the divorce to take longer to wind up

In case of fewer disputes or no disputes at all, divorce proceedings can be concluded in less than six months. Otherwise, it may even take more than a year.

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

Can Separation Save Your Marriage In The Long Run?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsWhen there can be boredom and complacency in a marriage, they may lead to emotions like lack of appreciation and resentment among some couples. If a couple is married for many years, they usually understand each other better. However, being married for long does not necessarily guarantee that it is bound to be a fulfilled marriage. A marriage may survive or get destroyed after a separation based on some of the factors mentioned below:

  • Duration of separation
  • Reasons for legal separation
  • Level of commitment demonstrated by both the parties for saving their marriage
  • Capability of coping up with the absence of one’s spouse

Ways in which a separation may be helpful

It is possible to save a marriage through a temporary separation only when both the spouses are committed in continuing with their union. Are the couples communicating with one another freely or are they guarded? Do they attend all the counseling or therapy sessions religiously? Do they still miss one another when they do not meet one another for whatever reasons? Do they still share camaraderie in each other’s company? Answers to all these questions indicate the value of the separation in a marriage.

When a separation continues beyond a time period of six months, there are a lot of possibilities that it may end up in a divorce. The exception is when there are some contentious matters, which may require more time to resolve. When a separation stretches for a longer duration, the couple may become more comfortable in their own lives. There are new events like new friends, activities, and commitments leading to a greater complacency in cementing the couple’s relationship. It is the ideal time to go on a self-discovery mode since an individual now has plenty of time to aggregate efforts of reconciliation.

While a separation can give you much-needed personal space and time for contemplation, it is important to renew efforts to bridge the gap as soon as possible between you and your spouse.

Merits of a legal separation in salvaging a marriage

  • Spouses get the necessary time and space to understand the obligations and efforts in their institution of marriage.
  • Gives an atmosphere and opportunity to find out new and unexplored aspects of their married life enabling the couples to embark on a new beginning in their relationship or marriage.

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

Is It Wise To Date Someone Else During Your Divorce?

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation attorneys; California Divorce MediatorsHave you met someone and wanted to date him or her while you are still getting divorced? If your divorce proceeding is still going on, be cautious about dating. You may feel that it is time for you to enter into a new relationship after proceeding with a divorce or a separation. But it is a sensible decision to be out of the dating scene until the time your divorce comes through for a host of emotional, legal and strategic reasons.

Strategic reasons for not dating prior to divorce

A divorcing couple is quite likely to be not in the best of terms while a divorce is going on. So if you begin to date someone rose, it can aggravate your relationship with the estranged partner even more. Plus, the other spouse can make your life a hell while your divorce proceeding is going on and make resolution of the case more difficult. He or she may even try to take revenge against you.

Although your husband might have had several affairs while you were married, he may not like the fact that you are seeing someone else at this crucial juncture. He is likely to feel that you have wronged him and may try seeking justice through whatever means he can. It is also possible that he might try to get even with you by trying to split the marital property or get the custody of your kids. In case you have kids from the marriage, you should have an amicable relationship with your spouse in the best interest of your kids,

It is likely that you need to have a continuous contact with your spouse even after the divorce comes through due to having children together. If you date during your divorce, it can hamper the spirit of cordiality and cooperation and can even have a negative impact on your life for months to come after the divorce comes through.

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

Top Financial Challenges Faced By Divorced Mothers

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsWhen you know the challenges that lie before you as a single mom, it becomes easier to prepare an appropriate action plan so that you can take care of the kids in the best possible manner in your next stage of life. Here are some of the top financial challenges moms face after a divorce gets finalized. 

Ways of paying the bills

One of the top financial concerns for the newly single moms is paying the monthly mortgage or bills. It can be an overwhelming and daunting affair to take care of the household utilities. However, do not despair and give up hopes. You can get through the trying time through many ways. For instance, you can sell off your house and move in with your close friends or family members during this trying time so reduce the financial burden. Alternatively, you can also contemplate refinancing your house to procure a lower rate. 

Providing necessities for the family

It is quite likely that your household income could have been slashed considerably after your divorce. You could be a homemaker while being married. There are other financial concerns after your divorce too such as clothing and school supplies. After all, these can be expensive too. A serious concern for you as a divorced mother is to look out for ways of providing for the entire family. 

Getting the required money to pay for childcare

If you are a newly divorced single mom, you may have a series of financial obligations that may compel you to join work once again or opt for double jobs simultaneously to meet ends. In fact, it can be a big blow as you, not only feel tired and anxious but cannot spend much time with your kids.

When you work full-time, you also need to look out for a reputable childcare facility to take care of your little ones when you are at office. You can take the help of your friends and family members to seek care for the kids when you are away from home until the time you start enjoying financial stability once again. 

Finding a suitable place to live

It is a sad truth that 20 percent of the divorced women fall below the poverty line after their marriages end. Now, that is hardly an encouraging statistic for divorced and single moms who want to offer the finest housing facility and schooling situation to their kids. A serious financial concern after your divorce is where you will live. In case you are incapable of staying in your original house, you should not feel disappointed, you can get help from various assistance programs for housing designed specifically for single moms and families with low incomes, which can come handy during this difficult time.

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

Issues To Consider In Contemplating Divorce While Pregnant

Posted by: Gerald A. Maggio, Esq.

California Family Law Attorneys; California Divorce MediatorsIt is needed tragic to go for a divorce irrespective of what the conditions have been in a marriage. It can be even more stressful when you find out that you are expecting a baby or your spouse is pregnant for a host of reasons.

However, if you have been party to a high-conflict or stressful marriage even when you found out for the first time that you are pregnant, it is quite natural to understand why the news can bring in plenty of anxiety and pressure even though you think your baby is a boon for you. The reason for this is kids need a lot of energy, time, affection and love.

Kids are happier in two-parent houses

It is a topic that has been the subject of innumerable debates for many decades. But there are plenty of figures and statistics to suggest that children are happier and more contented in a two-parent home as compared to growing up in a single-parent home. On several occasions it has been noticed that kids of a broken family have a greater chance to experience poverty, have to cope up with more emotional issues and are offspring’s of a teen and single parent. Statistics also hints that a single mother may experience a higher level of mental and physical illnesses and addictions. Thus an important reason why you should rethink divorce while being pregnant is kids do well in a two-parent house.

It is better to avoid making important decisions while you are overwhelmed

When you are expecting a baby, your hormones keep changing. Your emotions can go for a roller coaster ride due to this reason. On the other hand, if it is your partner who is expecting a baby, you need to adjust to their frequent mood swings due to constant hormonal shifts. Your relationship with your spouse can undergo a lot of stress due to these reasons. But that is precisely the reason why you should not consider divorce then. Though there could have been problems and conflicts in your marriage before you were pregnant, it is better to think about it after the baby has arrived since you can make wiser decisions than with a sense of normalcy returning to you.

It can be a trying experience to be pregnant all alone

When a little baby is growing up inside you, it can take a big toll on you both mentally and physically. You need to have someone beside you in your home constantly to make you feel emotionally secure.

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

Practical Tips On How To Separate From Your Spouse

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsGoing through a legal separation can be an emotionally taxing time for both the partners. Often a spouse may feel unsure about whether they can save their marriage or not. More importantly, a big doubt is whether your spouse will be interested to save your marriage or not. There are several practical considerations the affected couple should also take care of. It makes sense to deal with the separation’s practical side as quickly as possible so that they can get more emotional and mental space for processing your needs and feelings.

There are several cases where irrespective of how much a couple tries, their marriage appears to be doomed. It is possible that a couple has already tried to talk it out. They could have even visited a professional therapist or have gone for individual counseling. It is possible at times that a couple has reached that stage in their life where they opt for a legal separation as the final attempt to check out whether their marriage can be restored or not prior to taking the final call to end it.

When you follow these practical tips to separate from your husband or wife, your road ahead can ultimately be smoother.

Think about your properties 

When a couple is married, they could own plenty of shared assets. A pertinent question in this juncture is what should now happen to all the shared possessions.

You can begin the process of splitting with big items like a car that could be jointly owned by both of you and furniture. It is important to know which spouse will be keeping what and is entitled to what.

Make sure your finances are in proper order

Finances can be entangled when you are married. In case you have got a joint mortgage, lease, and a joint account in the bank and shared assets like investments, there should be a proper plan on what to do in the beginning of your legal separation. To begin with you should have your individual bank account. Make sure that your monthly salary check gets deposited in your personal saving account. It is important to check that you do not end up paying obnoxiously high shared bills. Your finances should be put in order prior to separating.

Think about where you will stay

Several couples experience that living together under the same roof while legally separated is not practical at all. After all, the main aim of a legal separation is to stay apart from your spouse for some time and see how your relationship works out at the end of the separation period. It is tough to accomplish this aim if both of you stay in the same house during your separation. Hence, it is important to think about where you will stay during the separation period.

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