Understanding the Annulment of a Marriage

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation lawyers; California Divorce MediatorsThere are some people who feel that annulling their marriage is a good alternative of divorcing their spouse. While a civil annulment is regarded as legal, an annulment done through a Catholic church is religious in nature and not recognized by civil courts.

What is marriage annulment?

It is process wherein a marriage is declared to be null and void from the start. A marriage annulment is typically granted for any one of the reasons mentioned below:

  • Both spouses or any one of them was given a threatening to go through the process of getting married.
  • The partners are related by blood, which should have prohibited the marriage in the very beginning.
  • A spouse is not legally eligible for marriage since he or she was already married or was underage in a state where their marriage took place.
  • Mental capacity of one of the spouse diminished due to consumption of certain toxins like alcohol or drug abuse, or illness.
  • Concealment of crucial information or undisclosed details i.e. fraud was committed by either one or both the spouses while agreeing to get married.

These above conditions may vary based on the state where the spouses reside. There could be some states that have laid down time limits to file for an annulment.  You can get in touch with a good lawyer in your locality to learn about the exact legalities involved in the process.

Annulment through a Catholic Church

A Catholic Church may annul the marriage if it learns the said marriage was not conducted with proper intentions. The Catholic Church opines that there are two key points, which should be upheld when the marriage vows were exchanged:

  • There is an intention to be faithful to the spouse all through the marriage.
  • Physical ability and the necessary willingness to procreate.

Other scenarios like psychological condition, mental illness, or extreme immaturity can also be taken into account while the church makes a decision on if the marriage is valid or not. The concerned couple must express their desire of getting their marriage annulled to the priest.

Annulment just deals with the intention on the marriage day when the couple exchanges their vows. Its purpose is not to end a marriage and rather signifying that the marriage did not exist at all from the very beginning. This is the fundamental difference between a divorce and an annulment. The former acknowledges that a marriage did take place and ends it subsequently.

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

Can Social Media Be A Reason for Divorce?

Posted by: Gerald A. Maggio, Esq.

Divorce mediator lawyers Orange County; California Divorce MediatorsFacebook has changed the way we interact with people. We often get so involved in our gadgets that we have better relationships over social media and hamper relationships in reality. The increased use of social networking sites germinates interest in lives of people we know and find interesting, most commonly ex-girlfriends/boyfriends, classmates and friends. Spending increased time on social media websites also strains real-life relationships by keeping one distracted, leaving the significant other lonely. Today, our social media relationships are thriving over our real relationships with our spouses often leading to break ups and divorces.

Giving more time to your gadgets

Walk onto a public transport and look around. You’ll find almost everyone sitting on their phones. This doesn’t necessarily mean they’re cheating, but it’s very likely that they are on some form of social media.

The uses of smartphones and social applications have proven to tempt people into cheating with their spouses. 30% of Tinder users in California are married or engaged. With websites like AshleyMadison.com that have over 130 million members, married people are encouraged to tempted to indulge in extramarital affairs.

The American Academy of Matrimonial Lawyers claims that over 80% of the U.S. divorce attorneys in California alone has seen an increased number of divorces linked to social networking. A study published in the journal – Computers in Human Behavior found that the use of social networking sites “is negatively correlated with marriage quality and happiness, and positively correlated with experiencing a troubled relationship and thinking about divorce.”

How do you stay safe?

Snooping around and checking your partner’s phone to be aware of their doings isn’t always the best idea. The first thing you must do is have a discussion with your partner. Ensure your partner is on the same page as you. If you tend to have suspicions, discuss your concerns with your spouse.

It’s also important to keep an eye on your partner’s social media page. In a lot of divorce cases, lawyers have used the partner’s social media posts to justify infidelity or inebriation.

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

Speak to an Orange County divorce mediation attorney. Having handled many cases involving infidelity with social media, an attorney will also be able to advise you as to how you can be aware of your partner’s affairs.

It’s not always a bad thing!

When you think about it, it works both ways. A divorce is sometimes necessary when you know you’re not with the right person. You could find the love of your life through social media. With apps and websites, it isn’t hard to find the one.

Don’t get paranoid and overthink when your partner is spending increased time on their phone. They’re probably just busy with work or planning a surprise for you!

How Can International Citizens Protect from Marriage Fraud?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsIf you’re planning to get a green card through a marriage, then it is advisable for you to not do so because then you can easily be charged with marriage fraud. Although it is true that a marriage is based on love and trust, it is also true that some people may take advantage of that. Often, international citizens enter the US soil with the intention of becoming a permanent citizen. However, the wait and the legal procedure can be depressing. So, they opt for something easier – marriage.

Marriage frauds are common and take place in almost every country with a strong GDP. It is often misunderstood that the victims of marriage frauds are American citizens. International citizens are also victims and for them, the punishment can be worse.

Conditional permanent residence

After marriage, an international citizen receives the status of a conditional permanent residence. The couple must be together for at least two years before immigration officials can review the documents and give permanent residence status. If you are planning to get one, then it is suggested that you do it legally. Also, if you genuinely want to settle down with an American partner, then you should know the rules the regulations for getting a green card through marriage. Legal problems for immigrants are strict and the only punishment is deportation.

Property and assets

Often, the marriage takes place in the other way. American citizens marry an international citizen to get a share of the property. To save yourself from financial damage, either make a prenuptial agreement and have your partner agree to it or claim your property as separate property before the marriage. When finances are concerned, divorces can be complicated even for American citizens. For foreign nationals, it can become uglier.

Marriage fraud is a big problem in America and it can happen to anyone – foreign or American. Marriage can be a means to extract money from rich people. Or it can be used by international citizens to quickly get hold of a green card without waiting too much. Before they can get a green card, they must stay in the marriage for at least two years under the status of conditional permanent residence. Only after the immigration department has reviewed the documents can they be given a permanent residence status. Foreign nationals need to understand the rules and regulations that govern marriages in the US.

To learn more about the divorce process in California and how mediation can help, please click on the following link for our free ebook, What is Divorce Mediation

Are you responsible for your spouse’s credit card debts after divorce?

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediator; California Divorce MediatorsYou have divorced your partner but you may still have to take certain additional steps to ensure your financial stability. If you and your former spouse held joint credit cards before your divorce, ditching debts can be a difficult proposition. It should be understood that a credit card company is not bound by any kind of divorce decrees. Hence, they can be after you for debts that are jointly incurred in case you ex spouse fails to pay. That is precisely the reason why any Orange County divorce lawyer, credit counselor or financial planner may suggest you to end your marriage without any kind of joint debt. Now, this can be done by opting to pay off your joint cards together. Alternatively, the debt in incurred on your joint credit card can be split and then transferred to the card in the name of each partner. The aim for this step is to ensure that all your liabilities are removed for the debts incurred by your partner. Make sure to inventory the wallet you hold and ensure the cancellation of all the joint credit cards during your divorce process.

It can be extremely painful to go through the consequences of stepping into your new life with previous jointly held debts. If your former spouse refuses to pay whatever he or she was supposed to pay or files for bankruptcy, the creditors may be after you to realize the entire debt amount along with penalties and interests. As a precautionary step in this direction, you may include additional provisions into your divorce agreement so that your former spouse has to pay up. However, knocking the doors of the court can be both time-consuming and costly.

Here are the basics

Typically, any debt that is incurred during a marriage is the combined responsibility of both the parties provided they have been co-signers on those credit cards. On the other hand, in case the credit card is in the name of only one spouse and the other partner has been named as an additional cardholder, the latter cannot be held responsible. After the partners have got legally separated, any debt that has been incurred on a credit card is the sole liability of that spouse who made their purchases using the card,

What are the options before you?

You have various kinds of options to handle debts on a joint credit card. The one that you will employ depends on the nature of relationship you share with your ex spouse. A sure shot way to make sure that you don’t have to pay for those joint debts is to cancel all your joint cards. A second option for you could be to pay off all jointly incurred liabilities using your joint savings or joint assets such as a jointly owned property. In case you are not doing well financially, you can consult a good Orange County divorce attorney to assist you in figuring out the various options.

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

What To Know About Uncontested Divorces

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsToday, many couples prefer to go through an uncontested divorce due to features like ease and promptness. Unlike contested divorce that may go through a longer process of several hearings in the court before the divorce can be granted.

Why uncontested divorce may get rejected sometimes?

However, though uncontested divorce is mostly preferred as compared to long and bitter legal battles, it will be surprising for you to note that a large number of applications made for uncontested divorces get rejected every year. The key reason for the rejection is the fact that a majority of such applications do not satisfy the concerned authorities that the couple has agreed on all the important issues.

The key point of the legal process is to ensure that all the issues are amicably resolved as per the state’s law and both the partners get a just share of the assets as well as the liabilities.

It is natural that the spouses will have thorough knowledge about their domestic and financial arrangements. That is the reason for the family law experts to stress on the point that both the spouses should meet and resolve all the issues amicably. However, if there is lack of agreement on any of the crucial issues, it is impossible for the uncontested divorce to succeed. The judge will then issue a date for the case of contested divorce of the same couple.

Merits of uncontested divorce

A big benefit associated with an uncontested marriage is that it can save both time as well as money. There are many such scenarios when an uncontested divorce is faster and costs less than all other forms. The key savings that the petitioner enjoys is the legal fees that are a major cause of expenses in the case as there is no reason to hinder or delay the proceedings, the entire process can be completed with two to three months.

Another main benefit in the case of an uncontested marriage is related to the relationship shared by the spouses after their divorce. There are many such divorced couples who hold grudges against one another and are bitter against their ex. Many a times, such hard feelings may trigger other cases in the court even after the divorce comes through  for what they feel are injustices made against them with respect to the divorce settlements. However, in the case of an uncontested divorce, the couples part in an amicable manner according to agreed agreements on child custody, division of properties among others. So, there are fewer chances of such legal battles after the divorce.

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

How To Provide Consistency in Parenting Styles After Divorce

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation; California Divorce MediatorsWhen there are too many contradictions in the households of the divorced parents, the children may get baffled, feel insure and even get emotionally scarred for the rest of their lives. As it is, your divorce has led to a feeling of insecurity and void in your children’s lives. What they now need is some sort of predictability, consistency, order and lots of love from both their parents. They need complete peace of mind but if their parents are constantly changing the rules in their respective houses to simply spite one another, it is the kids who are going to be affected in the long run.

The following are a few important suggestions on ways of providing consistency from one parental household to the other for the best interests of the kids.

  • Sit down and discuss together

An ideal scenario will be when both the parents meet and discuss all the rules they will follow in their individual households going forward. While the parents may not feel comfortable to meet one another after their divorce, they should have this face-to-face meeting in person for their children’s sake. They can include their kids too in this meeting if the latter is above six-year-old. The two most crucial essentials for the minor kids of divorce are continuity and structure. A crucial thing to keep in mind is that it is not only about you two but primarily about your kids. These rules can be about anything and everything that concerns your child starting from whether they should be permitted to eat junk food, if yes, then how much, how many hours should they be allowed to play video games, bedtime, wake up time and so on.

  • Take part in parenting classes

Perhaps both the parents or either of them does not know how to compromise on certain issues for better co-parenting. In such scenarios they can always get themselves enrolled in some wonderful classes, typically conducted by the family law courts. It can be a good idea to request your therapist or an Orange County divorce attorney to give your a referral to attend such workshops. These parenting classes demonstrate how parents can bring up their kids without bias. Many of them also highlight some of the universal guidelines for rearing the children. Some of these courses also teach the divorced parents on ways of compromising and where they should do it. Others may point out the sad repercussions on the kids when they face conflicting rules on two households.

  • Consult a professional mediator

Consulting with an Orange County divorce mediator can prove to be beneficial for both the parents, in order to work out a parenting schedule and guidelines or rules for each parent to follow in creating consistency in each household on all parenting issues, including discipline.

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

Can A Separation From Your Spouse Save Your Marriage?

Posted by: Gerald A. Maggio, Esq.

Divorce mediation attorney Orange County; California Divorce MediatorsDo you feel that your marriage is in a crisis? If it is so then you may be in a dilemma about what to do next. There is a possibility that you have not left any stones unturned to salvage your marriage starting from undergoing joint therapy sessions to dating one another once again. However, things seemed to have got even worse. In case you are at the rope’ end, your marriage could still be saved by opting for a trial separation. Although. It may not be intuitive to keep both of you together, in some cases, separations have proved to be useful for those couples who are going through a rough patch and have managed to bind them together.

Steps for Trying A Trial Separation

Spending some time away from your spouse

For several months, you and your spouse have been bickering against each other and arguing heavily. Perhaps, you need to show a little fondness toward each other now. If you and your spouse are away from each other, getting away from the daily grind becomes simpler and regular fights may also subside for the better. You can get time to retrospect at a lot of things, which you could have missed out when you were together. It is usual for everyone to need a little space on certain occasions. If there has been trouble in your marriage for some time, it is not possible to see something nice about your partner at all. However, separation can give you an opportunity to get away from them. It can also serve as a reminder of your love for one another.

Realize that you appreciate one another

When you stay with someone, it is easy to take many things for granted. It is especially true when both you and your spouse are living together for many years. Both of you can call
each other in the middle of a crisis and there is always a person to handle the mess in their daily life. But when you go through a trial separation, it becomes easier to learn and understand that you are missing your spouse at your side. You may also realize their appeal as your spouse.

Go for a legal separation

Though it is not compulsory to get in touch with a divorce lawyer for figuring out ways of staying in different houses for some time, a lawyer can come handy to ensure that things work out according to your convenience.

You need a break sometimes

At times, a separation is a time when you don’t have to worry about the well-being of others. You can utilize this time to go out on a vacation with your friends. You may also get time to make up your mind on your exact feelings are about your relationship with your spouse.

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

Emotional Divorce Can Often Occur Before The Actual Divorce

Posted by: Gerald A. Maggio, Esq.

mediator divorce orange county; California Divorce MediatorsEmotional divorce can occur when partners become emotionally separated from the marriage. There are some spouses who get emotionally separated even before their divorce.

There are other people for whom the process starts after the divorce comes through. Most of the times, a divorce is one-sided. Typically when a spouse has separated from the marriage at an emotional level, they want a divorcé. There are some spouses who are known to struggle for several years feeling emotionally distant before they realize that they need to get divorced to solve their marital problems. Such spouses are known as “walk-away” spouses.

There are various reasons why a walk-away spouse gets emotionally detached. When a spouse gets emotionally detached, it is a way of mentally asserting that certain boundaries should be maintained in a marriage when the marriage is not safe for them or they get hurt. When a person gets emotionally divorced, he or she can have a feeling of psychological integrity.

Most of the times, emotional divorce occurs before the process of legal divorce since these people feel that they needed to withdraw into a shell and safeguard themselves from the conflicts in the marriage.

Left-behind spouse is the spouse who has been left behind for dealing with their emotions post the legal divorce taking place. Either of the spouses can divorce themselves emotionally from the marriage. However, this phenomenon is observed more in the case of women.

Features of walk-away spouses

  • Not communicative after spending several years of making attempts to communicate
  • A walk-away spouse becomes distant and cold. He or she has no interest to work on the marriage.
  • He or she is out of the home for a long time as an escape route from the unhappy marriage
  • The walk-away spouse has become impatient and irritable and is not cooperative towards attempts made by spouse to continue with the marriage
  • They would like the divorce process to complete very fast

Control one’s emotions

A left-behind spouse has a natural instinct of controlling the situation. They did not see the tell-tale warning signs that could have alerted them that their marriage was shaky. Plus they were clueless about ways to respond effectively. Hence, they behave in a fashion that made the walk-away spouse go away even further emotionally.

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

Tips for Single Divorced Moms

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsAre you a single divorced mom? There is a high possibility of dealing with the process of healing your pain as a result of your murky divorce. Moreover, you also had to take up the added responsibility of taking care of your children mostly not only that, you need to arrange for meals for your family, deal with your former husband who could be irrational at times and have a roof over the head of your family. At the same time, it is natural that you want to move on with life and want to date a new man and gave a fulfilling future. Life is full of new challenges for you and you need to face then to put back your traumatic past and lead a rewarding and rich new life. Follow some of the tips mentioned below to do so.

Make conscious efforts to eliminate the trauma related to your divorce

As they say, time is the biggest healer. While you may have gone through a lot, do not keep thinking about your past. Look out for exciting activities that can keep you engaged. Instead of being stuck with old pain, start dating and going out with friends with whom you share common interests.

Do not depend solely on alimony and child support for your financial needs

You should stop thinking of alimony or child support as your income. After all, the money that is coming to you in the form of child support is only temporary.  In a majority of cases, even alimony too is a temporary inflow of cash. You need to establish your financial position so that there is no difficulty in your survival when these today checks do not come to you anymore. It is crucial that you make a proper investment in yourself to get a sound return in the future. It may be possible that you possess a degree but are not employed. You can call up a local university or college and inquire about classes, which will enable you to refresh some of the skills or get certified so that your marketability in the job market goes up. You can get in touch with the financial aid office and procure student loans to pay for these courses when you attend them.  Be confident about your talents and skills that you believe are marketable and contemplate starting your own business.

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

Why Do Some Parents Not Want To Pay For Child Support?

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce mediators; California divorce mediatorsA major aim of a professional mediator is to guide and assist the parents to keep the best interests of their kids in mind. A significant decision, which affects the kinds involved in the divorce, is the amount of money to be paid as child support to the parent who gets their custody from the court. How this amount gets calculated may vary from state to state and depend on the total number of kids of the marriage.

Goal of a mediator

The key goal of a mediator is to make sure that the final child custody amount to be paid is agreed upon by both the parents. The trick to arrive at this agreement is to ensure that the parent held accountable for the child support payment gets a proper buy-in in the course of the decision-making process.

Reasons for not paying for child support

A common reason why many people do not pay the stipulated child support money is that they are not convinced that the amount they should be paying will help in supporting their kids. Another key reason for refusing to pay is many people find it difficult to digest when a lawyer or the judge tells them to pay for child support and determine the amount and frequency.

Many are under the misconception that disputes related to child support are only restricted to divorces with high conflict. However, in reality, that is incorrect. Even while the two parties are having an amicable divorce, issues related to child support can be a big headache. A parent may feel it highly frustrating to hand over their hard earned money to the former spouse and yet enjoy no authority over the exact allocation of that money. When there is uncertainty about how the funds will be exactly spent, it will be difficult to feel inspired enough to pay the amount for child support and also paying it regularly.

The key issue mostly originates when a spouse does not have an adequate say in the exact amount of child support. If lawyers, judges or other stakeholders go about making such decisions, the said spouse may not be fully convinced always. On the other hand, if the person concerned is given some say to shape up the decision, they would definitely be more willing to adhere to such a plan of child support. When a payer gets privileges related the kind of child support payment they need to pay and how the money will be used, they are motivated and try to pay the agreed upon payment for child support. Thus, it is crucial for the couple to set up an initial agreement and make sure that it works out successfully.

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