Can A Person Date While A Divorce Is Going On?

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation attorneys; California Divorce MediatorsMany couples often wonder whether they can date someone else while their divorce proceeding is still going on or not. This is quite an interesting question. As per the law, there is no reason why a person should not be able to start dating prior to the finalization of their divorce. Moreover, the person who is being dated should not feel worried that his/her name will feature in the divorce proceeding and the matter is not regarded as an adultery.

Divorce can take an emotional toll

There are many such instances when a person who just ended his or her marriage felt like going out for dates, perhaps to prove their appeal and attractiveness even after the breakup of their marriages. However, it is a good idea to get involved with someone else only after taking some breathing space. Until the time the divorced or separated person can feel unhappy about the end of their marriage, irrespective of being responsible for ending the same if not, they should sort out the unresolved matters before entering into a new relationship.

It is easier for an estranged couple to accept the fact that their marriage has ended when they come to terms with appreciating the roles played by each of them that resulted in their breakup. After all, it is an easier way out to blame the partner for the divorce. Only when the affected persons are able to put their anger, hurt and disappointment behind them, can they start their lives fresh with a new relationship with a relaxed state of mind. It is quite likely that they will continue nurturing their negative emotions from their past marriage to their new relationship.

There could be problems in reaching a divorce settlement when a person starts dating before the divorce comes through.

When one of the spouses begins dating prior to the divorce coming through, reaching a satisfactory divorce settlement could be a tough proposition. When the other spouse gets the information that his/her partner has already started seeing someone else may start following them closely and can become less amicable while reaching a divorce settlement.

There are several couples who negotiate matters related to child custody, marital properties and other pertinent issues with the assistance of their lawyers while they are going through a divorce.

The final takeaway is what you eventually plan to do will depend on your specific situation and mental condition. However, it may be a good decision to be involved with another person until the time your 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

What is a Marital Settlement Agreement (MSA)?

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation attorneys; California Divorce MediatorsMSA stands for Marital Settlement Agreement, and is the product of divorce settlement negotiations between the spouses.   If an agreement is done right, the agreements work excellently.

Successful MSA

Ensuring a successful MSA needs a few basic steps. You must find a third party who can be trusted. This party must also know the art of facilitating a negotiation. This role frequently falls to the mediator. However, if you want to make this process productive, it is important for you to know how the process works of negotiation works. The preparation should include the trying and identification of what matters the most in the larger scheme of things. This includes ensuring that the children do not get traumatized by the divorce, the matter of both spouses actively participating in raising children. It also includes one spouse wanting to know whether a secure financial future awaits and ensuring that both spouses remain as “friends”. You must have a complete knowledge of all rights and obligations enjoyed by you. This includes a part where the court has the discretion in making the orders.

You should carefully study the manner the children are cared for. Make all general, tentative and flexible plans for the future care of children. You can prepare by thoroughly identifying and then disclosing all debts and properties. Do take time to comprehend fully the present financial situation enjoyed by you. This includes both money flowing in and money flowing out. You should project the financial requirements when the divorce becomes final.

Important topics

In general, five particular topics come under discussion during the divorce mediation. They are then incorporated into Parenting and MSA plan. Such topics are frequently presented and then explained using P.E.A.C.E acronym: Parenting and Equitable Distribution followed by Alimony and Child Support. Last comes Everything Else. Do note that equitable distribution is a fair but may not be equal division of all assets, debts and marital property. The alimony is defined as money which is paid as fulfillment of duty to support a spouse post-divorce or separation.

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

What Is A Marital Settlement Agreement?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsMSA stands for Marital Settlement Agreement. It marks the end of the negotiation process in a divorce case. The MSA substitutes ideas held by you for fair divorce for the one forced upon you by judge. Research has estimated that about 30 percent of all divorce cases come back to court. This happens as the correct thing is not done the first time around. A number of experts in law agree that a best agreement is one which is not necessary to be looked at. If an agreement is done right, the agreements work.

Successful MSA

Ensuring a successful MSA needs a few basic steps. You must find a third party who can be trusted. This party must also know the art of facilitating a negotiation. This role frequently falls to the mediator. However, if you want to make this process productive, it is important for you to know how the process works of negotiation works. The preparation should include the trying and identification of what matters the most in the larger scheme of things. This includes ensuring that the children do not get traumatized by the divorce, the matter of both spouses actively participating in raising children. It also includes one spouse wanting to know whether a secure financial future awaits and ensuring that both spouses remain as “friends”. You must have a complete knowledge of all rights and obligations enjoyed by you. This includes a part where the court has the discretion in making the orders.

You should carefully study the manner the children are cared for. Make all general, tentative and flexible plans for the future care of children. You can prepare by thoroughly identifying and then disclosing all debts and properties. Do take time to comprehend fully the present financial situation enjoyed by you. This includes both money flowing in and money flowing out. You should project the financial requirements when the divorce becomes final.

Important topics

In general, five particular topics come under discussion during the divorce mediation. They are then incorporated into the MSA. Such topics are frequently presented and then explained using P.E.A.C.E acronym: Parenting and Equitable Distribution followed by Alimony and Child Support. Last comes Everything Else. Do note that equitable distribution is a fair but may not be equal division of all assets, debts and marital property. The alimony is defined as money which is paid as fulfillment of duty to support a spouse post-divorce or separation.

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