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

How to Handle Anger Dealing With an Uncooperative Co-Parent

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediator; California Divorce MediatorsIt is natural for many people to be furious when the other parent refuses to cooperate and co-parent and poses challenges recurrently. Here are some easy ways and a shift in how they should handle their anger so that they do not take any drastic step.

Concentrate on your kids when you feel that your anger is too much to handle

Do not allow your anger to affect your kids and create a distance between you all. If you get emotionally disturbed due to your arguments with the other parent, there could be a sense of disconnection between you and the kids. On the other hand, if you remain connected with them, your relationship with the kids will be stronger and warmer. It is really a paradox but true that there are many co-parents who lose their cool just because they feel worried about the kids,

You should not forget that the other parent can be distressed too

There are occasions when many people feel that the other parents are purposely being difficult and relish irritating them. But though you may make it a habit to believe this, you could be mistaken.

There are several people who behave improperly as they could be disturbed and are feeling down. When people are contented, calm and hot, they usually behave well with others. Perhaps your former spouse is being difficult since they are going through some sort of a conflict or stress. Plus, they do not know how to handle their emotions. So, thou may try to find out what is making them behave in a hostile manner with you. On the other hand just because you realize that they are distressed does not imply that you should do something different or surrender to their whims. When you are aware of their distress, your response may be better and different.

You should learn to cope up with your anger

Your anger can be an immensely uncomfortable experience. After all, you did not ask for it or want it. When you learn to control your fury, you will get time to ponder over whether you need to take some kind of an action as well as what the most appropriate action should be. Your fury may cause you trouble since you may become illogical and start behaving in an irrational level. The best remedial measure would be to give a space to your anger so that it will be helpful for you to take an effective action, or no action at all.

If you and the other parent want to ensure that your kids grow up in a secure environment, it is imperative for both of you to behave rationally and logically.

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

Things You Should Not Do During Your Legal Separation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsWhether you should divorce your spouse or try to restore your marriage is a big dilemma because the fate of your marriage is in your hands. If you really desire in having a “peaceful” legal separation that may led to reconciliation or to divorce, check out the following suggestions.

It is recommended not enter into a fresh relationship immediately

You have just gone through your separation period and your emotions are still unstable. Hence, it is not the right time for you to manage a relationship on the rebound effectively. Do you think that you can sustain through the present relationship? You need to give some time to yourself for the healing process. You need to reevaluate and go through self-reflection for understanding your role in the entire separation process. Your spouse could have been wrong but it is also possible that you had your share of faults in your relationship. When you try to get into a new relationship, it can complicate the healing process. Eventually, when you get your emotions in check, you may find that both your old and relationships are lost. After all, there will be hardly any person who would prefer to date somebody carrying a relationship baggage. If your spouse realizes you have lost interest in him or her, they may put an end to efforts for restoring the marriage. While there could be some reconciliable reasons for your separation, when there is an emergence of a relationship on the rebound, things may change leading to irreconcilable differences.

You should not ask for a legal separation without your spouse’s consent

When you leave your spouse in darkness about your decision to legally separate, it becomes a mammoth task to restore marriage. If a separation is handled with the right kind of skills and knowledge, it can lead to stronger marriages. When you spend time away from each other, you get an opportunity to make sensible and logical decisions without your spouse influencing you. How about having a mature discussion with your spouse prior to separation so that there are proper goals, responsibilities, and expectations while the separation period lasts? Such a step will enable both the spouses to have a broader picture of their relationship.

Never be in a hurry to sign the divorce papers

An experienced marriage lawyer is never in a hurry to rush their clients into filing for a divorce since they know that time is crucial to healing painful emotions. You may have a powerful reason to separate from your partner. However, pardoning plays an important role to salvage any difficult marriage. It helps when you take some time away from your spouse to give them a second opportunity. When you rush for a divorce, it may result in bitterness because of regrets.

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

How Adult Children Can Cope Up With The Divorce Of Their Parents

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsMany adult children face unique and big challenges especially when there is a break up of their parents’ long-term marriage. A popular philosophy adopted by parents who divorce quite late is that that they decided to wait until their children grew up and left the house to pursue a higher education or a job. Plus, these parents feel that their adult children can handle the split better since they are older now. They are also less vulnerable, wiser and stronger.

But in reality that may not be the case always. After all no matter how old they are, children will always remain children. Children may still feel hurt when their parents decide to part ways just like they would have felt had their parents took the same decision when they were younger. The sadness will still be there but they will not get the luxury of expressing their grief always. Rather, they become the listening ears since their parents pour their tales of sufferings to them.

Check out the following strategies adult children should use to cope up with the trauma of their parents’ divorce.

Bring a shift in your perspective

Rather than grieving because you are bearing the wrath of your mother’s fury and disillusionment, simply keep reminding yourself that you are facing a temporary situation. Your parents will once again become “normal” after things get slightly settled. Although it could even take some years, the situation will not be bleak forever. Meanwhile, you have your own independent life to lead. So, concentrate on developing your own life.

Try to realize that the caustic behavior from your parents is not usual in a divorce as family dynamics may change

You need to understand that you are not the only adult child who is going through this transitional phase. Such things happen quite frequently since others like you have also got annoyed with their parents. In fact, there are thousands of adult children who have gone through similar emotions when their parents divorced.

Pickup coping strategies

It is time for you to compartmentalize all those negative conversations you are exchanging with your parents at this phase of their life. Make a conscious effort to put an end to such negative and sad thoughts. When you keep thinking about it, your trauma will only increase. So address it carefully and logically to come out of your current mental state. Find out space and time to engage yourself in what you are fond of doing. Go out for a stroll, listen to your favorite band, read books, travel to new places or spend more time with your close friends. Such activities will distract your mind from the negative thoughts.

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

How Is Alimony Calculated In California?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsIn California, the term alimony is referred to as “spousal support.” A court in California may order the higher earner between the couple irrespective of the gender to pay the other party so that the latter can maintain the same lifestyle for a specific time period when they want to end the marriage permanently. However, the law in the state of California also prescribe the a court needs to review several factors to determine and award permanent spousal support to the lower earning spouse. The court enjoys the final discretion to settle alimony matters. An Orange County divorce lawyer can play a crucial role to furnish evidence of all those factors that come under review.

Duration of alimony in California

How long a spouse will be awarded with a spousal support is frequently linked to the duration for which the parties were married. When a couple has been married for less than a decade (10 years), a judge will typically not award spousal support for more than 50 percent of the marriage length. On the other hand, when the parties have been married for a minimum of ten years or more, the court may not dictate a specific date of termination for spousal support when the couple gets married. However, both the parties have the liberty to request for changes time and again till the time they specifically give a nod to the date of termination or when the judge explicitly terminates the alimony at a hearing later on.

Spousal support calculation in California

According to the law of California. the aim of awarding spousal support temporarily is to maintain the financial status quo as much as possible, It is at the discretion of a court to direct temporary alimony after reviewing the requirements of the party requesting the same as well as the ability of the other spouse to pay.

If there are dependent kids in a marriage, the parents can get an estimate of what the amount for temporary alimony may look like apart from the payments for child support. These are done according to stringent guidelines and by using the child support calculator available at the state’s department of child support.

The key aim of spousal support after the divorce gets finalized is to offer help to the supported spouse so that they can maintain a living standard almost same as the one they had while being married. A court in California will assess the degree to which the earning capacity of each spouse is adequate to continue the same marital living standard. While doing so, the court may consider the following factors:

  1. The degree to which the future or present earning ability of the supported spouse has got impaired due to their domestic responsibilities
  2. Any expenses or time needed by the supported spouse to get training or education to get a job or improve the chance of employability
  3. The kind of marketable skills needed by the supported spouse
  4. Potential job marketability for such skills

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

5 Things You Should Never Say To Your Kids During A Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorney; California Divorce MediatorsWhile a divorce can be hard for the couple going through it, it can be much harder on the children. For children a divorce could shake their sense of security to its very foundations and leave them feeling vulnerable and frightened.

Younger children could worry about things like, “if daddy has left the house will mommy also leave me?” And older children can quietly wonder to themselves if this was their fault and if they did something to cause the breakup.

Here are a five this that you must not say to your kids during this time:

  1. It’s all dad’s / mom’s fault: Playing the blame game will not serve anybody least of all your kids. Blaming your spouse for the divorce can not only create a rift between you former spouse and your children but can also cause emotional distress. Children love both parents unconditionally and these new revelations could prove too confusing for them to handle.
  1. I feel sad when you go: This can happen a lot in cases of co-parenting where one parent can make the child feel guilty about going to spend time with the other parent. A mother telling her kids that she is sad when they go live with daddy puts the child in a position that their young minds can’t cope with very well. The feeling of guilt of wanting to spend time with their father while knowing that it hurts their mother could be extremely damaging for the kids’ self image.
  1. You are acting just like mom/dad: Picking on a child’s behavior and saying that they are behaving just like their other parent has two big disadvantages. The first being that you make the child feel like mommy or daddy’s behavior is not good and the second being that you scare the child into thinking that you will leave them too. You can always correct bad behavior without bringing up your ex.
  1. Is mom/dad seeing someone else?: Trying to get information about your ex through your children is something you should avoid totally. Making children spy on their other parent is a burden they should not have to deal with. Children want to be loyal to both parents and this can be very stressful for them.
  1. That is not my responsibility: While your divorce agreement might clearly demarcate your parental responsibilities, children need not be burdened with legalities. If they ask you something that the other parent needs to approve of as well you can always answer with why don’t we check with mom and see what she thinks. Saying things like, “that’s not my responsibility go ask your mother” undermines the respect your child has for you.

Be loving and supportive of your children while going through a divorce and give them a sense of security during this emotionally confusing time.

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

The Best Ways To Move Past A Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsDivorces can be physically and emotionally draining. If a divorce has dragged on for a while and there is a lot of negativity between the former spouses, it can be very difficult to get your life back together once the dust settles.

When a marriage and the divorce proceedings have all ended there is suddenly a void in a person’s life and it is important to fill this void to move forward. Here are a few ways in which you can constructively fill the void to help you move past the divorce:

  1. Give yourself a break: You life has just changed forever and you might be feeling a bit lost. What you need to do is take some time off for yourself and understand what you have gone through and where you are now. If you are blaming yourself for everything now is the time to stop and be kinder to yourself. Feel and understand all your emotions, work on what is bothering you the most and then make a decision that you can survive and will get on with life.
  1. Get a support system: You don’t have to do this alone. Spend time with family and friends who can give you emotional support. There are going to be days when it all hits you at once and you might need to have a good cry, that’s completely okay. When you have someone beside you in the hard times it makes it easier to bear.
  1. Fill the void: The empty feeling that comes when left without someone whom you have been with for years can be hard to deal with. Whether the relationship was good or bad it took up a space in your life which is now left open. Fill the void with hobbies and doing all the things you love or wanted to try. Learn a new skill, travel, even start dating again when you feel ready, and before you know it you would have built a new life that is whole.
  1. Moving on: No one deserves to be alone and just because you have had one failed relationship doesn’t mean that you can’t make another work. While you and your former spouse might have been incompatible you could meet someone who is a perfect fit for you. Give yourself the chance to fall in love again and have a new relationship.

Ending a marriage is heartbreaking and can be difficult to cope with at first. You need to take the time to grieve your loss but then you need to actively do things that help you to move forward.

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