Protracted divorce proceedings may soon be another footnote in legal history. James Mize, a Judge in Sacramento has created a program which makes it easy and swift to divorce in a day. The newly launched program is made to cater to individuals who are unable to afford a proper divorce lawyer. According to Mize, the program pulls in folks who languish at the bottom and who have no help and does not have any kind of representative assistance.
Needed services for such an initiative are catered by 80 attorneys, miscellaneous staff and a number of law students. They will volunteer the needed services to assist couples discuss all terms related to divorce agreements. They will also prepare the necessary paperwork needed to obtain final judgment. When all the steps are completed, the relevant parties will approach the judge in the same day. The once couples will subsequently exit the courthouse carrying a final judgment of marriage dissolution.
Participation
This One Day Divorce Program is best for litigants who want to represent themselves. They should have filed a divorce or dissolution of marriage case within Sacramento County, California. They also must show themselves ready for judgment. To figure out whether the case is ready for judgment, the answer must be positive for questions like whether the Respondent were served summons and also petition. There should a Proof of Service of Summons. Alternatively, a response should have been filed with Court. The final question is whether the individual and spouse would have completed an agreement on all the orders which will be included in the judgment, like property division, spousal support and debts. In case the couple has children, child support and a parenting plan should have been included as well.
Do note that any action leading to dissolution in Sacramento County is possible only if one spouse or both have lived in the county for the last three months. They should be California residents for a minimum of six months. Other than the residency requirements, a few extra rules must also be considered in case one spouse lives outside California State. To be more specific, a spouse who resides in any other state or even in another country could make an objection to a California court jurisdiction. If this happens, a California Court could be stopped from taking important orders.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
While you might find it tempting to conceal a certain part of your assets from your divorcing spouse, it is not really a good idea when it comes to legal implications of the same. Similarly, if in case you suspect that your partner is not providing complete disclosure of his or her assets for the purpose of distribution in a divorce, you must understand that the state laws of California stipulate stringent legal actions against such an act. When it comes to rectifying the omission of an asset disclosure, there are typically two aspects that are taken into consideration: the time of discovery and whether the omission was intentional or a mistake.
Asset omission through a mistake and discovered after the final court order
In case a spouse has inadvertently failed to make a complete disclosure of his/her assets, and it is discovered after the final judgment has been announced, the court has the right to alter the order and divide the asset as per the stipulates of the Californian State laws.
Intentional omission discovered before the final court order
Speaking of the obvious, an intentional concealment of an asset by a divorcing party is treated quite differently as in the case where the omission was an honest mistake. According to the Californian law, both the divorcing parties have the ‘fiduciary duty’ of serving a declaration of disclosure that contains all the information about their assets and debts to each other, failing which the guilty party will be faced with stringent corrective actions from the court of law. In some cases, an incomplete disclosure of an asset may also lead to the court ordering 100% ownership of the said asset to the other party involved.
Intentional omission discovered after the final court order
In the event that you discover an intentional un-disclosure of your spouse’s assets after the court has announced the judgment, the Californian law offers you the right to set aside the court order as ‘based on fraud’. In addition to this, you also have the right to file a tort action or the infringement of your rights, against your guilty partner.
The bottom line is that it is prudent to follow the laws of your state and provide proper disclosures of your assets and liabilities, in order to facilitate smooth and trouble free divorce proceedings. It is always advisable to be as transparent as possible in your case.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
It is not uncommon for parties to a divorce or termination of domestic partnership to subsequently reconcile before their case is done. In that event, you would need to file a “Request for Dismissal” with the court (California Judicial Council Form CIV-110). This will dismiss the case, if the legal separation or divorce is not finalized. Remember that if you later wish to proceed down this path of reconciliation and then later you change your mind (you want to be divorced), you must begin from the start. You have to pay the court filing fee again and also qualify for any fee waiver.
In case you are not the spouse who have initiated the divorce case, it will not be possible to stop the process by your own. There is a need for the other spouse to file Request for Dismissa if they filed a Response in the case. This is required to dismiss the case.
In case both the spouses or the domestic partners have filed for joint summary dissolution, and judgment has not reached the final stage, any one of the spouses can terminate the case by the filing of “Notice of Revocation of Petition for Summary Dissolution” (Judicial Counsel Form FL-830.) The other form is “Revocation of Termination of Domestic Partnership”. Both of them can be done with Secretary of State (domestic partners).
Registrations for domestic partnerships are different from the marriage licenses. The office of California Secretary of State continues to process the Declarations of Domestic Partnership and Notices of Termination of Domestic Partnership along with other related filings which are permissible by the state laws. Marriage licenses are processed by County governments.
Provisions which govern the domestic partnerships can be located in California Family Code. It begins with section 297. There is an establishment of domestic partnership when persons who satisfy criteria stated by section 297 of California Family Code file either Confidential Declaration of Domestic Partnership or Declaration of Domestic Partnership with California Secretary of State. The copy of declaration and Certificate of Registration of Domestic Partnership can be returned to partners post filing the declaration.
Two individuals who have lived together in a state that can be regarded as domestic partners and if those two meet criteria as laid out by the section 297 of California Family Code could file Confidential Declaration of Domestic Partnership with California Secretary of State.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The Orange County Family Law local rules as well as the broader California laws require a mandatory child custody mediation to be set before a court hearing at which a court order or modification to an earlier court order pertaining to child custody and visitation take place.
Moreover, if a parent fails to turn up for a child custody mediation session without having valid reasons for his or her absence once or repeatedly, he or she may be prevented from being heard further on the issues of child custody and visitation. If it goes to the hearing stage, it may become extremely difficult for the absentee parent to explain their stand.
Custody issues are often the hardest to settle and can’t be settled under premarital agreement settlements since the right of a child belongs exclusively to the child themselves and their best interests would be held paramount by all courts.
Although a mediator can’t be decisions like a judge or an arbitrator, they can definitely propel the discussion between the two parties forward and create a peaceful environment under which discussions can be held, even for such spouses who have come out of an acrimonious relationship and don’t see eye to eye. A mediator plays a vital role and his intervention is often the only reason why a discussion goes forward.
How to prepare for child custody mediation
In order to prepare for child custody mediation, try to gather as much evidence or relevant information about your child that would help you while presenting your side of the argument or making your proposals.
One important step is to understand your custody rights and obligations from an experienced and licensed attorney. You can also prepare and present a list of daily schedules for yourself and your child that would convey how emotionally and personally invested you are in the growth and welfare of your child. You should also present your child custody and visitation proposal during the mediation process after taking advice from your attorney.
You will also need to come to an agreement with the other parent for deciding the scheduled visits and where to drop and pick up the child from and also special occasions or moments in the child’s life when they would expect both their parents to gather.
You may also do well to get an understanding of some commonly used legal phraseology or jargon that may be thrown around during the mediation discussions. Consult your attorney and prepare yourself accordingly.
In order to prepare for the child custody meetings, be honest and think, if you are really capable of taking care of your child. At all points, their interests will be to be kept in mind. Be compassionate towards the other party and you may be able to reach a mediation agreement regarding to your child easily.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
There are many people who go all numb when their divorce proceeding is underway. The reason for such an emotional state is because it could be too much to go through all sorts of chaos and painful feelings as the harsh reality is there for them. However, things can be even more complicated where kids are involved in a divorce. Firstly, there is this emotional trauma. Above that, there is the important concern of money.
Breaking up is quite simple and straightforward for all those divorcing couples do not have kids from their marriages. If you fall into that category, simply divide your and your spouse’s assets and start life afresh after your divorce comes through. On the other hand, divorcing couples with children face a more complicated problem and if they are younger, things could be even trickier. In a nutshell, child support could be quite a complicated area.
Costs of child support
The cost of child support may be paid to either the mother or father. It actually depends on who is taking care if the kids. A parent who pays the maintenance cost can often be the “non-custodial parent.” In a majority of these cases, it is the father or the ex-husband, who plays this role or pays the maintenance costs.
The family house
One of the most important priorities for the divorcing couple is to ensure that the kids should continue having a proper home for them even after the finalization of the divorce. There are several such occasions where it has been observed that the ex-husbands have a tendency to sell if the house and go away with 50 percent of its value but it does not have to be so necessarily. When too many assets are not there to split, assuming the wife is the primary career and the kids are usually permitted to continue staying in the same home. In case either of the partners behind a new relationship; matters could be even more complicated. When the mother gets married again or brings in a new partner, there are no alterations in the obligations of the father as he has to keep beating the maintenance costs as he was doing previously. However, he is no longer obliged to pay for the maintenance of his former wife any longer in case she cohabits in some cases or remarries.
However, if the father starts cohabiting with a new partner and the latter has kids from an earlier relationship but now live with them, he could be paying less money for child maintenance to his own biological children.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Divorces can be hard for some parents especially when kids are involved. It becomes even more hard when the affected parent is the non-custodial parent. Staying away from the children can be mentally and physically daunting. Every parent wants to spend as much time as he/she can with their children. The custodial plan is made to ensure that the non-custodial parent gets to spend quality time with the kids.
One of the important parts of custodial plans is the parenting schedule. Sometimes, the time is so short, it really becomes difficult for the non-custodial parent to have quality time with his/her child. There are ways to change the custodial plan and increase parenting time.
Court Order
Courts can order a change in the visitation hours if it finds that the non-custodial parent deserves to spend more time with his/her children. A court will decide whether spending more time with the non-custodial parent is in the child’s best interests.
Violation of parental plan
If the custodial parent is deliberately trying to limit your visitation time or preventing you from seeing your children, you can use the evidence to increase your visitation hours. In some rare cases, it even leads to a change in custody.
Both of you are equally responsible for paying child care and if the case arises where you are paying more than you should, then naturally your visitation hours should also increase. You can build a case claiming that since you are paying the entire child support by yourself, you are eligible to be the custodial parent. But it may not work every time since there are many reasons why the custodial parent pays less than he/she should.
The custodial parent is the primary caretaker of the child and should provide basic needs like food, clothing and shelter. If in case, the custodial parent is unable to provide any of the basic needs, the custody of the child can be changed. Or the non-custodial parent can be granted more time that he/she can spend with the child.
Conclusion
Visiting hours helps non-custodial parents spend quality time with their children. However, the time can be increased if there is evidence that the given time is not enough for the non-custodial parent.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Many couples often wonder whether they can date someone else while their divorce proceeding is still going on or not. This is quite an interesting question. As per the law, there is no reason why a person should not be able to start dating prior to the finalization of their divorce. Moreover, the person who is being dated should not feel worried that his/her name will feature in the divorce proceeding and the matter is not regarded as an adultery.
Divorce can take an emotional toll
There are many such instances when a person who just ended his or her marriage felt like going out for dates, perhaps to prove their appeal and attractiveness even after the breakup of their marriages. However, it is a good idea to get involved with someone else only after taking some breathing space. Until the time the divorced or separated person can feel unhappy about the end of their marriage, irrespective of being responsible for ending the same if not, they should sort out the unresolved matters before entering into a new relationship.
It is easier for an estranged couple to accept the fact that their marriage has ended when they come to terms with appreciating the roles played by each of them that resulted in their breakup. After all, it is an easier way out to blame the partner for the divorce. Only when the affected persons are able to put their anger, hurt and disappointment behind them, can they start their lives fresh with a new relationship with a relaxed state of mind. It is quite likely that they will continue nurturing their negative emotions from their past marriage to their new relationship.
There could be problems in reaching a divorce settlement when a person starts dating before the divorce comes through.
When one of the spouses begins dating prior to the divorce coming through, reaching a satisfactory divorce settlement could be a tough proposition. When the other spouse gets the information that his/her partner has already started seeing someone else may start following them closely and can become less amicable while reaching a divorce settlement.
There are several couples who negotiate matters related to child custody, marital properties and other pertinent issues with the assistance of their lawyers while they are going through a divorce.
The final takeaway is what you eventually plan to do will depend on your specific situation and mental condition. However, it may be a good decision to be involved with another person until the time your divorce comes through.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
When you are getting a divorce, your children are your most important worry. But, do not be sad, as studies prove that children can cope up with the divorce of their parents and even come out okay. Now, this may not always be the case. There are several kids who get emotionally wounded when their parent’s divorce. The wounds can stay on for the rest of their lives. Here are some of the steps you can take to make them feel secure and to convince them that they are not responsible for your divorce.
Reaffirm with your spouse that the emotional well-being of your child is a mutual priority
While you and your spouse may cease being together, that does not mean that you will not remain parents for your child. So, keep reciting this thought to yourself whenever you are mad at your former wife or husband. This thought should be also articulated to your ex whenever you interact.
While the divorce negotiations are on, try not arguing with your ex. While this action will need a lot of maturity and self-restraint, it should be attempted for the best interests of your kids. If it is essential, you can attend counseling together.
Demonstrate your maturity to your child or children all through the divorce proceeding
Steps like trying to go for litigation that may create animosity with your ex should be avoided as far as possible. Rather, you can opt for meditation to get your peace of mind. Try resolving your financial issues faster and then just move on.
Both the parents should remain involved in their child’s life for the latter’s best interest
To achieve this status quo, parents can opt for shared custody. Alternatively, it can also mean that the children stay with only one parent but meet the other one frequently. Such an initiative will increase the possibilities of your children’s emotional well-being remaining intact. Keep reiterating to yourself that the children require both their mother and father. It is irrelevant whether you can excel as an excellent single parent or not. It is important that your child does not feel abandoned due to the actions of one of the parents.
Overnight visitation arrangement can be stressful for your kids
It may not be easy for your children to constantly move from one home to the next. All children require additional support during these times. The children should have the liberty to be open about the distress they are going through from their other parent and get empathy from the parent they are living with.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
One of the life’s most heartbreaking situations is when one of the spouses in a marriage has decided to end the marriage and file for a divorce while the other still wants the marriage to work out. It may be possible that you are going through such a scenario in your life right now. It is normal to feel a blend of conflicting emotions. Moreover, you are perhaps not certain about your next course of action. It is possible that a painful phase of your life like this is a challenge, which appears extremely difficult to endure. However, do not lose hope since you will definitely get through this.
However, you must remember that situations can vary from case to case, so it is not necessary that all the actions that are mentioned below will apply to all the marriages. However, some of them will help you to overcome this storm in your life or perhaps protect your marriage too.
Be wary who you approach for seeking solace and comfort
When you feel confused or hurt, it is natural that you would like to reach out for comfort and peace of mind. However, the issue is that many people do not make the correct choices when they are confused or emotionally injured. Avoid resorting to destructive behavior to reduce your pain. Rather, you need to be in the company of people who love you as well as your spouse.
Continue caring for your spouse
Do not unnecessarily give ultimatums or pick up fights. Try to love them unconditionally and pray for them. Be an honest wife or husband as long as you are in the marriage. You should make attempts to reduce the tension by loving them. Hate often brings in more hate, so try to be loving.
If you have kids, try protecting them from the discomfort and turbulence in their lives.
When you have kids from your marriage, the constant fights between you and your spouse can be a bigger ordeal for them. Hence, you must do everything to ensure that they are adequately shielded from the tensions and troubles in your marriage, though it is easier said than done. When you say hurtful things to your spouse while fighting with him or her in the presence of your kids, they are sure to get emotionally affected and get disturbed. Such feelings may affect their studies and personality.
You and your spouse have now tried out every trick in the book. Both of you have even attended counseling sessions together for a few times. In fact, it has been you who have been insisting on those sessions to save your marriage. However, despite all the steps taken, you are still unable to get along with your spouse. When such feelings get repetitively familiar to you, perhaps it is time to call it quits and seek the advice of a good divorce lawyer to start your divorce proceedings.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Grandparents often remain in the dark about their children’s divorce because they are not informed about each and every event of the divorce. There might be many reasons as to why children shy away from involving their parents in the divorce but it is mostly due to emotional trauma. They also feel that their grandparents will of little help. But in reality, it’s quite the opposite actually. Grandparents play an important role during divorce and some of them are listed below.
They are the best people to take care of your kids
A grandparent’s home is the second-best place for kids. However, during a divorce it’s the best. While you’ll be busy handling different issues pertaining to your divorce, your children may feel ignored. Also, if you keep them at your grandparent’s home, you won’t have to continuously worry about their safety.
They can be your best friends
Divorce is a time of great stress and trauma and it is the time when you need your family and close friends. Your parents can act as both. They can also give you good advice because they have more experience than you when it comes to family.
They can act as mediators
Since you’ve already decided to go ahead with your divorce, you know the importance of a mediator. Wouldn’t it be wonderful if someone close to you did the mediation process? Look no further because your parents are the perfect people for the job. Along with mediation they can help you with custody and child support plans. Moreover, they will do it for free which is again great because saving finances is also a priority during divorce.
Kids feel comfortable around grandparents
Research has shown that kids who spend time with their grandparents are happier than children who don’t. Children show signs of euphoria when they are around their grandparents. And it’s no secret that a grandmother’s home is one of the best places to be on this Earth.
Conclusion
If you’re going through a divorce don’t ignore your parents especially if you have kids because they can help you in more ways than one. A grandparent’s home is the best place for kids to be during your divorce. First, they will stay away from all the trouble and second, you and your spouse can deal issues without too much distraction. Your parents are also your best guide and can act as mediators during your divorce proceeding.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Protracted divorce proceedings may soon be another footnote in legal history. James Mize, a Judge in Sacramento has created a program which makes it easy and swift to divorce in a day. The newly launched program is made to cater to individuals who are unable to afford a proper divorce lawyer. According to Mize, the program pulls in folks who languish at the bottom and who have no help and does not have any kind of representative assistance.
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. 
