Tips for Mothers Going Through Legal Separation or Divorce

Posted by: Gerald A. Maggio, Esq.

Once the initial shock settles down and the divorce becomes a reality, you start realizing that your life will change in many ways when you become a single woman once again. A realization like this can be actually scary for many. However, like many others, you will also get used to these new changes gradually. So do not lose your cool and be patient.

It is indeed a gutsy role to be a single mother once your divorce gets finalized. Such a role will also be a challenging one as you transform into a stronger individual with each day. Do not feel scared and prepare yourself for the rainy day. You should start doing everything on your own so that your life becomes less stressful and easier. You may consider the following divorce tips that are helpful for single moms so that you can prepare yourself and plan accordingly.

Spend time in reviewing your financial position 

Do not indulge into self-pity or worry unnecessarily about your inability to provide for your kids. It will not serve any purpose and will end up giving you headaches. Thus, it is advisable to put aside your worries about how to get enough money to purchase a bicycle or doll for your little one. There are various ways of giving toys to your kids without going to the market to purchase them. You can make those toys at home. Let your kids help you out as they are going to love such activities. When you spend your time together and create these toys, it will be a memory they are going to cherish for a long time to come.

Self-education is extremely important 

Self-improvement initiatives and education are important things to work on at this crucial juncture of life as you need to be self-equipped and self-dependent in your new life. You can go online and research for some free courses on the net, find out easy tips to earn money and check available resources as a part of your action plan.

Be well-informed about issues like insurance plans, savings, credit, and taxes as they will come quite handy after your divorce. You can do so by either researching about them online or by hiring a professional consultant. Try to find out whether there are any government sponsored programs along with the benefits they offer to single mothers. The bottom line is you should have all relevant information at your disposal so that looking after your household and finances after your divorce become simpler.

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

Questions To Ask Yourself Prior To Filing For Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsThere are several cases where the divorce process is not easy at all. Rather, it can turn messy on several occasions. Whatever may be the reason for you to file the divorce; you should make this decision independent of emotions. In fact, such a step should be only taken after weighing all the options before you. Moreover, you should be all set to fight for the custody of your kids and your assets. While the situation may vary from individual to individual, there are some necessary questions that you should ask yourself first prior to filing the divorce.

Did you try to repair the relationship with your spouse?

Do you feel divorce is the most appropriate resolution before you? In case your married life is unhappy but not a violent one, you should go for a professional help to find out if it is a rough patch that you are going through or ending your marriage and moving ahead in your life is the best solution available for you. When personal issues are the main reasons for your marriage going sour, then chances are that you may go through the same problems in your future relationships too. So, it is important to find out the root cause of your sadness. This is precisely the reason why you should give another chance to repair your relationship before going ahead with your divorce decision. To do this you may try to identify what are the major points of conflicts between both of you. Make efforts to improve your communication as open discussions can solve plenty of problems.  You can even meet a professional counselor to make it work between you and your spouse.

Do you feel safe in your home?

In case you have already made a decision on taking a divorce, whether stay in your ex’s house or leave it may have severe implications.  After all, your children’s safety is of great importance.  However, in case you do not have any immediate danger, you can get in touch with an attorney before you leave your existing home since it could have a bearing on the custody hearing. But when the relationship between you and your spouse is strained and an abusive one, you must take the required steps to remove the kids and yourself from any type of danger. According to a report published by the American Bar Association, about half the assaults take place either during or after separation.

Have you spoken to a good divorce attorney?

Getting in touch with an experienced divorce lawyer is one of the most crucial steps that you must take prior to filing for your divorce.  Different states have different laws on divorce and they keep changing frequently. A good divorce attorney may help you with your queries and doubts and also represent you in court.  In case your case is a complicated one and children are also involved in it, you will need an expert lawyer who specifically deals with family law to represent your case.

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

Pros and Cons of Cohabitation Vs. Marriage in California

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsThe subject of whether marriage better or cohabitation warrants a lot of debate based on people’s personal experiences and beliefs. There are some who believe nothing can replace a marriage in a loving relationship, while others beg to differ and believe that cohabitation is equally amazing without the legality of marriage. We discuss some of the benefits and disadvantages of cohabitation over marriage.

Pros of cohabitation over marriage 

  • One of the most obvious benefits is that you get to share your home and life with someone you love and like to be around because you love the person and not because of legality binding you.
  • Cohabiting has all the financial benefits of being in a marriage without the legal hassles that come with marriage. You get to split costs, manage finances, and invest together with your partner.
  • Cohabiting can be a great way to understand if you and your partner can sustain a marriage. It is a good way to know how well you both work together as a couple living together before taking the plunge and getting married.

Cons of cohabitation over marriage

 There is some research that shows that marriage may have physical and psychological benefits that are lacking in cohabitation. However, some results are still ambiguous about the reasons behind these differences.

  • There is no legal responsibility or hassle, making it easier to leave a cohabitation arrangement. Marriage demands more legal commitment and, therefore, there is more thought given before a spouse decides to leave.
  • If you have kids while cohabiting, custody rights can become complicated if you decide to go your separate ways.

Cohabitation in California 

California does not recognize common law marriage except when a couple is considered married under common law marriage in a state that recognizes it and then moves to California. California recognizes cohabitation as a legal form of relationship, and there are some provisions for couples who wish to cohabit but not marry.

If you are cohabiting to test your relationship before getting married, you can enter a prenuptial or premarital agreement that lists rules and laws applicable to you as a couple once you get married.

If you simply wish to cohabit without the legal hassles of marriage, then the state has a provision of getting a cohabitation agreement, also known as a nonmarital agreement. This formal agreement lists out responsibilities and rights for the cohabiting couple and works as a contract that is outside of marriage laws.

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

Advice On Reconciling After A Marital Separation

Posted by: Gerald A. Maggio, Esq.

divorce lawyers in Orange County; The Maggio Law FirmDo you want to improve your chances of reuniting after your legal separation? Then, it is always better to start the process with complete honesty. Both of you should be prepared to honestly discuss all those issues, which resulted in the trouble. It can be various factors such as addiction, an act of betrayal, or abuse. Whatever it is, they should in the open. When the two partners are dishonest about the issues that hurt them, it is unrealistic to expect that they will be sincere about the changes they should implement in their relationship to salvage the marriage. It is always recommended to take the help of an impartial mediator or a third-party therapist or counselor.

What should you do to get back after your separation?

Being completely transparent with your partner is another important step to follow if you are really keen about a marital reconciliation after being separated. When trust factor has disappeared in a marriage, transparency is the perfect antidote for the couple. Both the parties should be completely frank about their personal schedules, habits, and finances. Such a step will make sure that the couple gets back the lost trust to some extent. It is a good idea to contemplate coaching.

Give a chance for marital reconciliation

When there is a space in a relationship, it shows what is important and what does not matter. It also teaches what helps and what can be hurtful. When both you and your spouse are serious about giving your marriage another chance and your partner to echoes your sentiments, you would definitely have one more chance to marriage reconciliation.

Check out these tips when you and your partner intend to get back together especially after your legal separation.

There is no harm in accepting your mistakes

In order to make your marriage work, both you and your partner should accept all those mistakes made in the past, which led to your separation initially. If you and your partner are one of those couples who are interested in reuniting, you should be prepared to apologize to each other. You should realize and appreciate that frankness; trust and forgiveness are some of those key ingredients, which can salvage your marriage.

You should be prepared for certain changes

Being willing to change is perhaps one of the most crucial factors to get back together. You should freely discuss the desired changes you are looking forward to. It is imperative for you to be ready to change yourself for your spouse.

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

Forms of Child Support In Divorce Cases

Posted by: Gerald A. Maggio, Esq.

Top Orange County divorce mediators; California divorce mediatorsWhen a couple divorces, child support plays an important consideration in it. Reasonable maintenance of a child would consist of providing expenses like training and education, medical and dental care, clothing and recreation if applicable. In fact, both the divorcing parents have a responsibility for child support as per their individual means. This responsibility exists in situations when the child in concern is born out of or in wedlock or has been adopted. The question of child support also pops up, if a child is born from a previous marriage or a subsequent one. The reasonable amount depends on the existing standard of living of the family, cot of living and on parents’ income.  Here are some of the forms of child support:

Cash payments on a monthly basis

The primary spouse who has the physical custody of the children typically gets monthly cash payments from the other parent. The maintenance order or the divorce agreement will have a mention of how much will be the amount of money paid by one parent to the other each month. Either the monthly payment is done in advance or it is determined on a particular date on every month. The mode f payment could be through electronic transfer/debit order in an account specified by the parent who is entrusted with the primary care of the children. The amount of maintenance cost that is payable may have an annual increment on the divorce order’s anniversary date or whenever there is a change in the inflation eats as declared officially.

Educational expenses

Educational expenses can include pre-school as well as aftercare fees, school lunches, camps, school outings, additional tuition fees, school fees expenses towards sports and extra-curriculum activities, any other activities the kid participates, sport tours and club fees, and expenses related to any type if equipment like computers, uniforms, stationery, school books and any other expenses for the child related to his or her school.

Medical expenses

Parents must also bear medical, surgical, dental, vision, orthodontic and hospital expenses for their children whenever necessary as per their means.

As mentioned before, both the parents should support their kid according to their financial capacity. Though a father may be financially stronger, the mother cannot shirk the duty.

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

What Happens When Your Former Spouse Files For Bankruptcy?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsWhen you go through a divorce, it can be both financially as well as emotionally painful. Moreover, if your former spouse suddenly files for bankruptcy, things can be even more stressful for you as there is a possibility that your financial stability can get greatly affected.  Divorce, as well as bankruptcy, may have a great impact on your financial position in various ways based on the new circumstances of your ex-spouse. Check out some of the important things that you can consider while going through a bankruptcy and a divorce.

Cosigned or joint credit liabilities

When your former spouse files for bankruptcy, the responsibility for any debt falls on you in case you are a cosigner or a joint owner. The lender may hold you accountable as a cosigner or a joint owner to pay for a loan when your ex-spouse declares that he/ she is bankrupt and is unable to make the due payment.

Though it is unfortunate but the creditors are least concerned about the statements mentioned in your divorce agreement. So, your liability to pay the debt still exists when your former spouse fails to make the payment. A divorce payment does not remove your accountability to pay; it only indicates that you can compel someone else to do so. So you should be ready to pay the debt in case your former husband or wife is discharged from the need to pay off the loan or stops paying due to the bankruptcy. In such a scenario, you should immediately get in touch with your divorce lawyer and discuss what legal options are available for you.

Child support and alimony

Expenses for child support and alimony should be paid prior to paying the other creditors as well as taxes. However, though your alimony cannot be discharged, it does not mean that you will continue receiving the same amount before your former spouse fee pared bankruptcy.  In a majority of the States, the obligations for alimony can be revised when the ex-spouse submits his or her request to a bankruptcy court. It is up to the bankruptcy court to decide a revised amount for the alimony or enter into a new agreement with you after the petition filed by your former spouse.

But there are a few rare situations when alimony may be also discharged. Thus, in order to be on the safer side, it is better to consult your divorce attorney to make sure that your support payments or alimony remain protected.

Impact on your credit report

Though your ex-spouse filed for bankruptcy, your credit score may not get affected directly. The reason for this so your credit score is considered to be distinct and separate from your former spouse.

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

Common Co-Parenting Issues after Divorce

Posted by: Gerald A. Maggio, Esq.

divorce mediators in Orange County; California Divorce MediatorsIf parents are able to co-parent in a civil manner, children can be relaxed and normal even after their parent’s divorce. Though you may love your kids the most, there could be certain scenarios where it is tough to give a preference to their best interests over the fury and disillusionment you feel towards your former spouse or over the divorce. Your children will be able to cope up well with your divorce when you and your former husband or wife can co-parent in a matured manner after the divorce has been finalized. There is a tendency in many married couples to follow the lead of each other as far as the matter of parenting is concerned. While your marriage may have come to an end and your former spouse may not be important to you anymore, you may still have to parent together for the best interests of your children. Check out some of the common co-parenting issues that may divorce couple face before them:

You are worried about your kid when he or she is in the custody of the other parent

If your ex-husband or wife does not have a background of abusing the kids or you, you should not feel scared or apprehensive about what is happening when the children are in their custody There are moms who demand a detailed schedule of each and every move that will be made by their child when they are in their father’s custody.

Both of you have distinct parenting styles

A father can be laid back while it is an issue of parenting at times. When the children are at his place, kids are not taking a bath every day, going to bed late and are not doing their homework regularly. Moreover, they are having junk food almost every other day. On the other hand, at times the mom is too strict with the daily routines and kids are feeling a bit overwhelmed with all the discipline. It could be possible that both the mother and the father are adamant that their parenting style is better than their partner.

Your former spouse use your kids to hurt you

The kids should not be used as pawns by one parent against the other. Though it may sound surprising, it can happen on several occasions. When you realize that your children want to spend more time with the father but you refuse to let them do so, you are not thinking about your kids but want to hurt the father by resisting to your children’s desires.

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

Can An Orange County Divorce Destroy Your Retirement?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California Divorce MediatorsWhen you have finally made up your mind to get a divorce, it is likely that you may not think too much about how it can have an impact on your retirement. However, it is an extremely valid matter to think about. Insured Retirement Institute conducted a study which observed that about 24 percent of the divorced couples who are born after World War II felt their condition will deteriorate after retirement because of the divorce. About 23 percent of the respondents mentioned that they must work for longer years to combat the hardship. Thus, it signifies that you need to take certain measures for protecting your retirement plans. Additionally, it is better to do so as quickly as possible. After all, the financial impact of a divorce can actually last for many decades. Check out some ways to ensure that your retirement dreams are on a proper track irrespective of your divorce.

Retirement and divorce

Although your divorce could be taking place many decades before your retirement date, it is likely that your retirement savings may be badly affected. First of all, a divorce would typically mean that your retirement funds could be split between your former spouse and you. As a result, you may find a substantial reduction in your retirement savings. Secondly, a divorce also signifies that soon it will be a single income household albeit temporarily. Thus, it is possible what you would be able to save quite less for your post-retirement years as compared to what you had initially anticipated or planned.

Divorce and your retirement savings

Local as well as state laws ascertain the manner in which your retirement savings will be split between your former spouse and you. In case you are residing in one of the community property states, any assets acquired by your spouse or you during the course of your marriage are regarded as joint property irrespective of who saved the money. California is also an example of a community property state along with other States like Washington, Texas, Arizona, Louisiana, Wisconsin, Idaho and New Mexico.

The most certain technique to ensure that your retirement savings are protected is to enter into a prenuptial agreement, which specifies which party will get the exact percentage of the saving in the accounts in the event of a marriage breakup. In case, you have not set up a prenup, you should negotiate with your former spouse and come up with an agreement that will benefit you both. You can hire one of the reputable Orange County divorce mediators at California Divorce Mediators to help you in the process.

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

Divorcing When You Have Adult Children

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsThere are many couples who are going through a high-conflict marriage. But since these couples have children from their marriage, they sometimes wait until their children grow up and leave home for college to separate or divorce. A term called “The Freshman Call” has originated from this practice that further goes on to prove how popular such a phenomenon is these days. It is true that while parents opt for a divorce and kids are involved, the major impact is typically on these young children. But when couples with adult children plan to divorce, the latter can be deeply affected too.

On several occasions, these parents are not quite prepared for the violent and powerful reactions they get from their adult children who are studying in colleges. In fact, these kids may face a host of issues when their parents make up their minds to part ways.

Handling feelings of guilt while separating with adult children

On one hand, younger children may feel concerned that they are responsible for the divorce of their parents while on the other hand, college-going children frequently feel guilty that their contribution was insufficient to stop the breakup of their parents’ marriage. Such emotions are likely to prevail even though the children know that their parents had a troubled marriage from the beginning.

Though several college going children do have the necessary insight and maturity to understand that their parents’ marriage is not a happy one, they may still be slightly taken aback when they get to know about the divorce news of their parents. It can also take a toll on their mental and physical well being. Plus, some adult children may start having apprehensions about the fate of their own romantic relationships. They may become pessimistic about relationships in general after their parents’ divorce.

Plan your conversation with your adult children while divorcing

Restrain yourself from calling your children at college and do not discuss such details when they are away on vacations. Instead, wait for an opportunity when they are at home for some days. It is the ideal opportunity for all of you to sit, relax and discuss the matter. You should understand that your divorce decision can be upsetting for them. It is also important to concentrate on your children rather than giving more focus on the reasons for which you are getting a divorce.

Encourage your adult children to maintain harmonious relationship with both the parents

Since your children are now grown-ups, there will be no orders from the court for a specific parenting time or schedule now. But let your adult child know that they should try to maintain a cordial relationship with both the parents even 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

3 Mistakes to Avoid While Dating After Divorce

Posted by: Gerald A. Maggio, Esq.

orange county divorce mediation attorneys; California Divorce MediatorsAre you planning to forget your past after your divorce and start dating? However, it may not be that easy to do so especially if you had been married for several years to your former spouse. Sometimes, it could be as complicated as finding your way in a market while there is a blindfold on your eyes. When you get divorced from your partner, you could feel extremely lonely after sharing your house and life with someone for so many years. It is natural to seek companionship and feel wanted in such crucial times. But this also makes people more vulnerable and many of them tend to make certain mistakes when they start dating. Eventually, that results in more self-doubt, loneliness and another sour relationship. Many people commit these mistakes that also affect their health and they fail to find lasting love in their lives, love, and attachment when your new partner is crazily attracted to you. Here are some of those common mistakes that you might make while dating after your marriage.

Getting too attached 

It is not possible to judge how the person is on your very second or third date. Stop ignoring the flaws of that person just because you feel a deep need within yourself to get attached to a new person too soon. When you feel that there are certain key challenges in your new relationship, it makes sense not to make excuses only because you are scared of being alone. The love and devotion you feel should not be showered too easily, the new person should try to earn them and that definitely cannot happen overnight.

Not focusing on what you need NOW

Many people make the mistake of striving for instant gratification. They overlook the importance of the long-term advantages of dating a new person and tend to go for instant gratification of their current relationship needs. Moreover, if they find that those needs are not being fulfilled, they try out the same with someone else as a quick fix. When you are madly looking for a new love and want to find a perfect partner the second time around, you can get into serial dating if not careful and eventually might end up being with a wrong person in your life.

Becoming docile and submissive

When you start saying again after your divorce, make sure that you do not give away your power. This may happen when you give a higher priority to the desires and needs of the person you are dating above your own.  When you have a strong urge to fall in love once more, chances of becoming passive is not uncommon, particularly when you meet someone who you start liking.

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