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.”
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.
The holiday season is almost here. And for parents who are divorcing or who are newly divorced, the prospect can be terrifying.
Many parents in this position wonder how they can possibly spend part of all of a holiday away from their children. For most, it is a painful idea.
But for the kids, the holidays don’t have to be painful and sad. With some planning and some dedication on the parts of both parents, the holidays can still be an opportunity for kids to create happy and fun memories while surrounded by family and love.
Use a mediator to collaborate on a child-focused holiday plan
Whether you are just beginning the divorce process, or have been divorced for many years, it is never too late to work with a mediator on a better holiday plan.
A child-focused holiday plan maximizes the child’s meaningful time with family and sets the stage for new traditions. In addition, child-focused holiday planning puts special focus on creating calm and healthy transitions.
Get ready to provide a positive outlook
Your children may be especially anxious about the first holiday after the divorce, and they will take their emotional cues from you. Listen with empathy, let them know that their feelings are valid, and reassure them that the holidays will still be special.
Involving children with planning new traditions or activities may help them regain a sense of control and excitement about the holidays.
Make a plan for yourself
Make a plan for the transitions and time away from your children. You may want to ask a friend or family member for help. Individual moments can be easier or harder than you expect – the best policy is to be prepared. Planning in advance will help ease your anxiety and day-of emotions, creating a better experience for your kids.
Once the holidays are over, consider communicating with your co-parent about how it went. If both of you are united in the goal to create a happy holiday for your child, then you may be able to email or talk about how the holiday went for your child and what can be done next time to make it better.
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.”
Think about your children when you are in the midst of divorce proceedings. If you have children, they should be your primary concern. They are young and impressionable and may not handle divorce well. You don’t want to see them in tears, hurt, or act out in school or at home. If you both continue to argue in front of them, children are more likely to lash out at you, their siblings, teachers, or friends. When it comes to taking custody of the kids, their behavior may get worse. What can you do ease the situation? You can choose divorce mediation to settle your differences like mature adults, if not for you, then for the sake of your kids. Here is how choosing divorce mediation will help:
1. Divorce Mediation is best for Your Kids
Divorce mediation lets you and your partner focus on the well-being of the kids rather than deciding who the better parent is. Fighting over your children in court or when around them is not going to help them. Day to day, your kids are going to be affected by the on-going situation developing between you and your partner. Divorce mediation will help bring closure to your children, as it will help develop a parenting plan that you both decided together during your sessions.
2. Divorce Mediation is a Neutral Process
The mediator doesn’t pick sides when deciding on custody. The mediator is there just to listen and assist the parties in coming to agreement. After hearing both of your arguments and solutions, the mediator along with you and your spouse will assist you and work out a solution.
3. No One is Blamed
Divorce mediation doesn’t put the blame on one party, as in order for mediation to even work, both partners have to work with each other. Instead of assigning blame, you both will be saying what you both think is the right choice for your kids.
4. Divorce Mediation Focuses on Your Children’s Future
As parents, you both deeply care for your children and wouldn’t want anything to harm them. The only way you would do that would be to create a friendly relationship with each other. Only then are you able to create a stable and loving environment for your children to grow up in.
5. Divorce Mediation Decreases Stress
Divorce for both spouses and a child is a stressful time. Divorce mediation works to reduce that stress by providing you with the proper tools to come to a resolution. Your children will be happy to see their parents going about the divorce with a clear head and less stress.
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.
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.”
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.
Once you are determined that divorce is your only option in your situation, you should consider divorce mediation. Divorce mediation is an amicable, cost-effective way to resolve your divorce without destroying the financial future of your family and avoids the stress and emotional turmoil of traditional divorce litigation. Here are some important tips to effectively prepare for a successful mediation of your divorce case.
1. Make The Decision To Mediate
Both you and your spouse should make a determination as to whether you can mediate your divorce case. The only way that divorce mediation can be successful is with both spouses wanting to mediate.
2. Get Your Financial Records Organized
Once you have decided to mediate your divorce, the next step is to get your financial organized. That includes current bank account, mortgage, retirement account, and loan monthly statements. Also, start taking an inventory of all of your household possessions and belongings, and all other assets and debts of the marriage. Finally, pull together your pay receipts, income tax returns, and other documentation concerning the parties’ incomes. If you or your spouse is self-employed, gather corporate tax returns and profit-loss statements.
All of these records will be necessary to complete the financial disclosures that are required to be done and served in all California divorce cases. Such records also help determine the financial and property issues to be addressed in mediation. The sooner those records are available, the sooner that mediation can proceed.
3. Create a Mission Statement For Your Divorce Mediation
Create a “Divorce Mission Statement” about what your goals are for the resolution of your divorce case. It will help you focus on how to achieve the best resolution of your case in divorce mediation. You and your spouse should really give some thought about such statement, which will help focus the purpose of the mediation and the issues that demand the most priority.
4. Make Your Children Your Top Consideration
Be sure to be honest with your children about divorce, but talk with them and your spouse together about it. Also, limit personal feelings and anger with your spouse in front of your children, to avoid any lasting negative impact on them. Above all, make sure that you and your spouse show your children that they are loved and supported. You and your spouse will always be parents to your children, and while they are still minors, you will both need to communicate and work together to co-parent effectively.
5. Research Divorce Mediators Before Choosing One
It is important to know that not all persons who do divorce mediation actually have training in mediation or in divorce mediation. Moreover, many persons currently mediating divorce cases are not even lawyers. Although it is currently not a requirement, you generally want the person who will mediate your divorce case to have the legal background in family law and divorce to be knowledgeable in this area of law and the experience to handle the issues to be addressed in mediation.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
For most divorce cases, divorce mediation can usually be the best way to resolve disputes amicably and out of court. Here are several reasons why.
Time and Scheduling
Court sessions can be lengthy and time consuming, but the judge may only listen to what you have to say for sometimes less than 5 minutes and you may get only a few minutes to argue your position.
Divorce mediation, on the other hand, depends upon you. You are in control of the schedule being followed and the issues being discussed.
Reduced Costs
Court appearances and traditional litigation can result in quite a hefty legal bill. Even if no progress is made, the attorney will usually bill you by the hour and this may make the entire affair a lot more expensive than your anticipation.
Divorce mediation lets you control the total costs of the process which is usually a fraction of what you would have paid in case of court proceedings.
Flexibility in Decision-Making
In court proceedings, you may be required to make the decisions about everything from the settlement to child custody on the spot, often in front of a crowded audience and the outcome may be unpredictable as well.
On the other hand, divorce mediation lets you decide with a calm and relaxed approach as per your own schedule, because these are decisions that will affect you and your family for the rest of your life and a little rush can cost you in more than just dollars.
Privacy and Confidentiality
In courts, not only your family matters are exposed to a room full of strangers, but all court files are also public and available online and anyone can see them.
Divorce mediation can be fully confidential.
Avoid Emotional Turmoil
Divorces in courts are stressful in nature- there may be arguments, heated discussions and even personal attacks that may result in emotional wounds for the spouses as well as children that take years to heal.
Mediation is faster and a much better option for families as discussions are held in the presence of a skilled mediator and healthy communication is encouraged between both parties. Plus, if things don’t work out, there is always an option to go to court.
To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”
Under current Federal tax law, if you have lived in the same house for two of the last 5 years as your principal residence, individuals are exempt from capital gains taxes of up to $250,000 in taxable profits on the sale of your house, and $500,000 in taxable profits for married couples.
For any profits above these amounts, capital gains taxes are assessed of 20% would be assessed, which married couples would be equally liable for.
There are occasions where one of the spouses involved in a divorce wishes to “bifurcate marital status” while their divorce is pending, meaning that the Court can restore the parties to single persons while the rest of the dissolution case is still pending. For example, one of the spouses may wish to remarry, and they cannot legally do so without first terminating their marital status.
However, the parties must first determine the approximate amount that their residence has appreciated in value since they bought it, because if one spouse decides to keep the marital residence and marital status has previously been determined, that spouse would be considered a single person for purposes of state and Federal tax laws and thereby only be entitled to the $250,000 tax exemption instead of the $500,000 tax exemption. The tax implications are be substantial and should be considered in any settlement negotiations.
You should always consult with your tax professional before making any decisions in your divorce case.
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. 
