Dealing With Divorce Involving A Special Needs Child

Posted by: Gerald A. Maggio, Esq.

child custody mediation Orange County; California Divorce MediationWhen you have a kid with special needs, there could be special issues in your divorce. Hence, when you visit your divorce lawyer, you should describe the facts to him or her clearly and accurately as it will be a different divorce altogether.

Implication of divorces involving special needs children 

If it is a divorce pertaining to special-needs then your lawyer may require specialized understanding, specialized details, external experts and a distinct discovery process. When you do not furnish all the requirements to the lawyer or not procure all the information that will be needed for your divorce since you are unaware of the requirements, there can be severe repercussions for your child or your entire family.

Questions your lawyer may ask you

How can the needs of a special child affect the co-parenting and custodial arrangements that are being contemplated? After all, a standard parenting plan can be quite inadequate. How much amount the other parent should pay for the support of such a child? Do the parents know how long the support should be paid since the child may not be self-supporting ever? Does the spouse need to purchase additional life insurance in such circumstances? If so, then how much and for what duration? How does your lawyer ascertain whether there are special requirements in reality or not when one of the parties say there are while the other parent goes on claiming that the kid is just doing fine.

Your divorce lawyer may conduct a fact-finding exercise while conducting the first interview for you. In fact, it can be a different exercise altogether as compared to the way they deal with their other divorce clients.

Some of the questions they may ask you are as follows:

  • Has there been a formal diagnosis?
  • Do both the parties agree with that diagnosis?
  • Who made such a diagnosis?
  • What kind of testing has been done and by whom?
  • Does your kid have an IEP?
  • Do any special financial requirements exist?
  • Is your child’s condition treatable, curable or is it a terminal one?
  • Does the state or a private insurance company reimburse additional and special expenses?
  • Are these expenses non-recurring, recurring or ongoing?
  • What is the daily schedule of your child?
  • Do you think any such expenses will occur in future that is not being incurred now?
  • Are there expenses related to the child’s medications?
  • Does your kid have problems with transitioning between two different environments?
  • Are there any special dietary requirements?
  • Does one of the parents need to undergo excess time commitment or any kind of special training as compared to the other parent?
  • Is your kid with special needs affecting the other kids in the family who do not have special needs?

Depending on the severity of the child’s special needs, there may be a need for adult child support beyond them reaching the age of majority (age 18), so it is important to address this issue in the divorce judgment that may include having the child formally assessed as to abilities to work and live on their own before the child turns 18.

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

How Long Should You Wait To Get Remarried After A Default Judgment?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorney; California Divorce MediatorsA default judgment in a divorce case has its advantages. In fact, some people want a default judgment because it saves a lot of money for them. First, you won’t have to pay much as attorney fees or for appearing in the court. Second, you won’t have to disclose any financial information such as income and assets.

However, before you can get married, there are certain requirements that must be met. Every couple who go through a divorce must follow the requirements before their divorce forms can be accepted and a final judgment can be passed.

  1. The six-month waiting period

The six-month waiting period is mandatory for every couple going through a divorce. The period starts when one attorney representing a party serves the other party with divorce papers. In some cases, the resolution can extend more than six months but that it can’t happen any time before that.

Complex cases involve a lot of paperwork and this is the reason why the court grants individual parties up to six months to get everything in order. It’s best to consult an attorney when dealing with paperwork because they know which document is required and which is not. And, note that the end of six months does not mark the end of marriage.

  1. The court’s judgment of dissolution

After six months, the court goes through the documents and passes a judgment. The judgment of dissolution can also be passed before the six-month waiting period. There are many ways by which you can obtain a judgment of dissolution and some of them are trial, bifurcation or settlement. It’s best to consult an experienced attorney because different paths for dissolution of marriage are taken on different circumstances. A bifurcation is done when both parties don’t agree to the terms and conditions of the divorce as put down by the court.

Conclusion

A default judgment is a useful thing when disclosing finances are in question. However, there are certain conditions that must be met before the divorce can be finalized. One of them is the six-month wait period that every couple going through a divorce must go through. After the wait period, the California court passes a judgment of dissolution based on the paperwork provided. The judgment again depends on a variety of different factors which can be clearly explained by an experienced attorney.

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

How To File For Divorce When Not A California Resident For The Prior 6 Months

Posted by: Gerald A. Maggio, Esq.

Divorce mediators in California; California Divorce Mediators; California laws and rules regarding divorces are straightforward and do not require much insight. As is common in other states, California too has residency requirements for couples who want a divorce.

The residency requirements for a California dissolution of marriage are clearly stated on the first page of the Petition form. The most important requirement for petitioners and respondents is that they must have stayed for a minimum of six months in California before they can get divorced. However, since not everyone can meet the criteria there are ways to go around the six-month residency requirement.

At least one spouse must meet the requirement

A divorce can take place if either of the spouse meets the residency requirement of California. The form states that at least one spouse must meet the residency requirement for the divorce to take place.

When both spouses don’t meet the requirement

It becomes a bit complicated when neither of the spouse meets the six-month residency requirement. In California, the laws are clearly stated and avoiding or breaking them can result in severe punishment. One of the best options is to simply wait till the six-month residency requirement is fulfilled. Talk to your spouse and wait it out. It is useful for people who are nearing the requirement period and don’t want to wait too long for the divorce to take place.

The other option is to file for a legal separation than a dissolution of marriage. That way you won’t have to stay with your spouse and once one of you reach the residency requirements, you can get a divorce. After you meet the six-month requirement, you can file for an amended petition and request the court to convert it into a divorce petition. By doing so, you immediately get access to the Family Law Court.

Conclusion

California has strict residency requirements and couples who want a divorce are expected to stay for at least six months before a divorce can take place. But many couples don’t meet the requirement but they still want a divorce to take place. The most common way to do it is to wait for the six-month period to get over. Additionally, couples can opt for legal separation and then get it converted into a divorce. However, it is best to consult an experienced divorce lawyer before going through a divorce proceeding.

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

Understanding The Types of Child Custody in California

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsIn the State of California, couples who are on the path of divorce are advised to read up about all the rights that apply to them so they do not get the short end of the stick. Even unmarried parents have legal rights that cannot be stripped away from them.

Joint legal custody

According to California’s Family Code, parents that have joint legal custody of their children need to ‘share’ the responsibilities of ensuring the well being of the children. Share is the critical term here. You don’t need to share details about everything, but you will need to share details of critical parts of the child’s life such as medical, dental, and education records unless specified otherwise by a court.

Under joint legal custody, a parent cannot do things such as infringing on other’s custodial time, taking the child and moving away, or seeking therapy for the child without the knowledge and consent of the other parent. If a parent violates joint legal custody, then a court could strip some of the parent’s rights away depending on the nature of the violation.

Sole physical custody

The parent whop does not have sole physical or legal custody of a child still possesses the right to access records about the child in question. The parent will also have ‘reasonable visitation’ rights. Sole custody does not deprive noncustodial parents of all their rights, and they have the right to ask courts to strictly define visitation times and schedules. However, the sole custodian will have the exclusive legal authority to make decisions about a child’s education, welfare, and health. The noncustodial parent has the right to challenge these decisions in court and have it overturned if a court determines that it is against a child’s best interests.

What about child preference?

After the California Family Code 3042 was implemented in January 2012, child preference is now more important than ever before. A child’s preference will be taken into account by a court as will factors such as maturity, parental influence, social conditioning, financial health, and other factors that affect a child’s well-being. If a child is sufficiently mature and meets all the relevant criterion, a court will be obliged to respect the wishes of the child. Children who are or above the age of 14 are allowed to attend and address the court regarding their preferences.

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

Coping With Stress During And After Divorce

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce mediators; California divorce mediatorsDivorce can result in a variety of negative emotions and if you are going through one then you know the feeling. Most of the time people going through a bad divorce feel stressed from the entire experience and it ends up having a negative impact on their lives. In situation like these it is very important to relax and learn how to deal with the stress.

Contemplate your decision to get divorced

The decision to legally end a relationship can be a difficult choice and the feelings after the divorce can be worse. When you get divorced it not only affects you and your partner but it affects friends and family members as well. On the emotional front, you and some family members will face a hard time. It is important to contemplate on your decision and then taking the necessary step. You should try and talk to your partner about it and the way it makes him/her feel. If you feel there is a chance, however small, for things to work out, you should consider that option. You can even consult experts like divorce mediators for more details.

Pay attention to emotional needs

Usually, people who get divorced want to stay isolated and away from social gatherings. But being isolated makes the experience even more difficult than it already is. If you have just experienced a divorce it is important that you find support from your friends and families.

You can also seek help from people who have gone through divorce. They will understand how you feel and can guide you in a better way.

You should spend more time with people who enjoy your company and who value you. Such people can not only be your stress buster but they can also provide moral support as well. The feeling of being neglected only makes things worse and you should avoid isolation at all cost.

Take care of yourself

During and after a divorce the most important thing that you tend to ignore is yourself. Divorces can be painful but that does not mean the end of the world. Treat your divorce like a flu and try overcoming it. Go for a vacation and meet new people. Try taking a break from your job and visit different places where you always wanted to go. Moving away from the old home and relocating to a new place also works.

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

Issues When Dealing With Commingled Funds In A Divorce

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys in Orange County; California Divorce MediatorsPrior to getting married, the property owned by you is regarded by the court as your “separate property”. This dignified that such a property is owned only by you and not by your spouse. For example, if you have $15,000 in your bank account and own a property while getting married, you are bringing your separate property in the marriage. Such a property remains your separate property if it is not “commingled” with your spouse’s separate property brought into your married life. For instance, in case you get married and both of you stay in the same house that is owned by you prior to the marriage. However, if the incomes of both you and your spouse are being contributed toward paying the mortgage, such a house is automatically counted as a marital property. In other words, it becomes a property your spouse may be interested in,provided both of you decide to divorce in the future.

The job of splitting property as well as other marital assets could be a tough one and full of conflicts especially for those couples where there has been a commingling of funds in the course of the marriage.

While negotiations continue for divorce settlement, determining which property should go to whom while depend on the degree of the occurrence of commingling of funds during that marriage as well as the complexity of transactions like home or automobile purchases, a big and crucial role is played by commingled funds during a divorce.

In case you fail to keep a thorough accounting of what is being done with your assets and properties during your marriage, it is not easy to prove that the purchase of that property was not done with commingled funds. The following are some of the tips for all those spouses who do not want to commingle during their marriage.

Enter into a prenuptial agreement

It makes sense to have your prenuptial agreement in place, which will clearly state, which properties will be counted as marital properties and which will be not in the event of a divorce.

Avoid paying off marital debt using your separate property

You should not use your separate property for paying off any marital debt. For instance, if you receive a hefty amount of money from your parents as a gift, the money should be used towards paying off a credit card debt or your home debt. You need to note that when funds benefit a marriage, they become marital property.

You should have separate bank accounts

Funds should only be deposited in a joint account when you want to count it as marital funds. When you deposit funds in your separate and individual bank account, it is regarded as your separate property.

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

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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How To Deal With Your Kids Being Away On Vacation with Your Ex-Spouse

Posted by: Gerald A. Maggio, Esq.

Orange County Divorce Mediation attorneys; California Divorce MediatorsWhen you plan for vacations after your separation or divorce, it should be done with a great deal of caution. It is better to stay away from situations that may trigger conflict pretension right in front of your kids.

Here are some comforting and cool tips to explore co-parenting while a vacation is on to ensure that your kids are adequately buffered from the harsh realities of life.

You can collaborate with the other parent so that logistics can be planned in advance

Collaborating in advance will be helpful in setting up new traditions especially when you pay heed to the wishes of your children and get support from your extended family members. On most of the occasions, kids hardly have much control or say over the plans and scheduling of their parents. Thus, when you give them some sort of a control over the traditions and on certain activities, they will feel excited about their vacation instead of being apprehensive about the possible changes,

Stop asking your children to select between father and mother

Both children and their parents benefit when special occasions and vacations are shared equally. On many occasions, the way a holiday gets split may also depend on how old the kids are, whether there is any involvement of travel and how far is one parent’s home from the other.

The true spirit of the vacations should be communicated non-verbally as well as through words

Most holidays involve emotions like giving, peace, love and caring. Whenever the kids spend time with one of the parents, it is natural for the other parent may feel sad and lonely during holidays. However, it makes sense to realize that kids should experience togetherness with both their parents, There is no harm and letting your kid know that you will miss them when they are away but will be fine. Avoid situations where our children start feeling guilty or responsible for their parent’s emotional well-being. While the temptation to tell them that you will miss them a lot and do not know how you will cope in their absence, rephrase it slightly.

Tell them you are sure that you are sure that they will have a great time with the other parent and you will wait to hear all about the holiday. Have a plan in advance so that you have your friends or family near you when the kids are away. Such an action will help you to manage your own emotional requirements in their absence. You should hope that your kids feel free and enjoy their vacation with their other parent and stop worrying about you.

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

Health Insurance Considerations In Your Divorce

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce mediators; California divorce mediatorsYou need to consider several important points while your divorce proceeding is going on. Health insurance should definitely be high on your priority list. It is important to give proper health coverage particularly when you have kids from the marriage.

Obtain affordable health insurance coverage before your divorce is final

Contrary to what you may be feeling about divorce, it does change a lot of things in your life. However, one thing that will not change is that both the parties will have health related concerns for their kids as well as for them. One of the most important worries is definitely about the adequacy of health benefits. If you overlook or sidestep the issue of your health requirements during a divorce or a legal separation, you could be committing expensive mistakes that could even jeopardize your financial standing.

Hence when you are in the phase of a divorce or a legal separation, you should take out some time for your hectic schedule to look at life insurance, health policies etc, However, do not get over agitated earn you find something doubtful in those documents since laws are in place to safeguard the rights of your children and you. Rather, it is better to get your doubts clear from your legal counsel. Here are some of those options to obtain adequate health coverage for your kids and you while the marriage ends. It is irrespective of who will be .awarded the custody.

Try to get health coverage from your existing employer

In case you are employed and an affordable priced health insurance plan is offered by your current employer, then there is no harm in going through what the plan intends to offer with respect to various aspects including prescription, dental and vision. Enroll in it in the case it is within your budget and will meet the needs of your kids and you.

Times have definitely changed as getting health coverage under the policy of your former spouse or as a part of the policy offered by your employer are no longer cheap as they used to be many years ago.

You should ask your estranged spouse to include health coverage as part of your divorce settlement

While there is no certainty whether it will work or not, there is no harm in discussing the matter with your divorce attorney. It is particularly relevant when kids are also involved. The issue is a part of the section detailing about child support in the event of a divorce.

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 Co-Parenting a Great Success

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediators; California Divorce MediatorsCo-parenting is particularly important to do for all those parents, including those who have had high-conflict divorces. The idea is to mainly concentrate on bringing up their kids without engaging in stressful communication with one another after the divorce.

Here are some easy tips to ensure that co-parenting is a great success.

Use an organizer

You can use a parenting notebook or an organizer website to communicate effectively. Note down all the relevant and vital communications pertinent to the visit of your child like homework, meals, behavior strategies deployed by you to calm your child, bedtime and so on.  Your notebook should have a mention of the different events including both behavioral as well as emotional that the other parent can refer to.

Work closely with an unbiased third party

For any contentious issues, changes and disagreements with the other parent that needs a great deal of discussion, it is better to work with an independent third party. This person should be neutral like a therapist or an experienced mediator. The meetings conducted in the presence of the third party should be time bound and scheduled. All your key concerns can be taken up during these meetings.

Emails for non-urgent matters

Both of you can use emails for discussing matters that are not that urgent. You need to also make sure that these emails should not exceed more than two times in a month. Try to restrict them to a single topic. When you use emails to communicate with the other parent, you get a chance to reread what you wrote so that you are certain that it is not disrespectful. Plus, it also enables your ex-spouse to get a breathing space for responding. Avoid giving parenting advice on these emails.

Once the divorce is finalized, it is crucial for both the parents to be involved in taking care of the kids despite their conflicts and not so cordial relationship.  Co-parenting enables both the parents to remain involved in the lives of their kids while not fighting with one another.

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