The Fate of Your Wedding Ring in Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorney; California Divorce MediatorsHow do you know when it’s finally over between the two of you? Taking off your wedding ring is an obvious sign that you’re no longer interested in working on the marriage. So, do you bury it in your closet or sell it? Burying it in the closet will not help you move on, but selling it will give you some composure.

Your wedding ring can be included as part of the divorce proceedings. The fate of the wedding ring will be in the hands of the judge, not you. Well, that is somewhat unfair, as you should be the one to decide the fate of your property, from the house down to the wedding ring. Do you know what?

We agree with you! You should have a say, as it’s your future that’s being decided here. Divorce litigation will be unfair to both of you, and not to mention brutal, if the judge decides to award your wedding ring to your partner. If both of you come to a mutual understanding and decide to go with divorce mediation, your views and opinions will be heard.

How Divorce Mediation Works in Your Favor

Divorce mediation requires your partner and you to be upfront with each other regarding all the financial documents such as pending debts, income, retirement, assets, and property, including the wedding ring. During divorce mediation, you can raise questions regarding the validity of the financial documents presented before you that is if you suspect your partner isn’t disclosing something he or she should.

After everything is out in the open and you don’t suspect foul play, you can raise the question about the future of the wedding ring. Since your partner and you understand the sentimental value behind a small piece of jewelry, you will be better suited to make a decision regarding its fate.

Even though selling the wedding ring is the most chosen option, people have opted to keep the wedding ring to turn it into something new or pass it down to their daughter or son, if they have children. Sometimes, the partners don’t mind their ex not sharing the profit of the ring with them, if they decide to sell it. Therefore, divorce mediation tops the list of ways to obtain a divorce on your own terms and conditions, without harboring any bad blood in the end of it.

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

6 Tips to Properly Manage Child Handovers after Divorce

Posted by: Gerald A. Maggio, Esq.

Orange-County-divorce-mediation-attorneys; California Divorce MediatorsIf your child lives with you, but has to be away from you for periods of time, it can be tough.  Even though your child is with your ex, you still feel as if a part of you is missing. Even if your child stays with you for a longer time, you still feel a form of separation anxiety when they are away. Did you know that you aren’t the only one feeling that way?

Your ex and your child feel exactly as you do. No one likes to be away from their kid just as no child likes to be away from their parents. Therefore, you along with your ex and child will have to learn how to manage handovers. Follow these six tips to learn to manage handovers:

1.     Understand Other People’s Feelings

When you have to give up your child to your ex, you feel nervous and anxious while the receiving end feels excited. Both parties need to understand each other’s feelings in order to make a smooth transition. Don’t approach the handover with resentment, but know that the other party in a couple of weeks will feel the same way as you do now.

2.     Do Not Bring the Entire Family to the Handover

The handover isn’t easy for your child, as he or she will be joining one parent and leaving behind the other. It may be an emotional time for both the parents and the child. Therefore, you need to make it between just the three of you. This means to leave the grandparents, stepchildren, stepparents, and best friends at home.

3.     Comprehend Your Child’s Feelings

Your child may be the most vulnerable during a handover. Children will act differently and their behavior may change as the time nears for the handover to occur. You will need to comprehend your child’s feelings and not lash out at them if they feel the need to rebel. It’s preferred that you sit them down, both before and after the handover to talk to them about it. When your child arrives back home, give him or her time to adjust to the surroundings.

4.     Do Not Fight with Your Ex

It’s given that your ex and you may not get along with each other very well and you may take his or her outburst against you as a personal attack. The unexpected outbursts or taunts may occur at the handover, which you need to learn to ignore. Remember, the person giving their child away at the handover may say something hurtful to their ex, as they are probably already hurting from inside.

5.     Do Not Rush Your Child to Spend Time with You

The parents getting the child may be over the moon with excitement and may want to spend time with them immediately. However, your child may not feel the same, especially on their first day with you. So, don’t pressure your child, but give them time to adjust.

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

Remembering New Year’s Resolutions for a Healthier Divorce

Posted by: Gerald A. Maggio, Esq.

divorce mediation attorneys Orange County; California Divorce MediatorsNo matter what stage of the divorce process you are in, the arrival of the new year makes it a great time to make a few changes that will put you and your divorce on the high road.  Especially for those in a litigated divorce, the process can make you feel stuck and bogged down.  Follow these tips to regain a sense of momentum in your life:

  1. Take care of yourself.

Many New Year’s resolutions focus on losing weight and making more money.  But if you are going through a divorce, your number one resolution should be to be to surround yourself with support, kindness and love.  Make a standing weekly or monthly date with good friends and family members.  The American Psychological Association suggests joining a divorce support group.  Having lots of emotions is normal – decide now to start getting them out so that they don’t control you.

  1. If you have children, see a co-parenting counselor.

This is a great resolution for parents in any stage of the divorce process.  Even divorced parents who have amicably co-parented for years can benefit from a few sessions with a co-parenting counselor.  This allows parents to evaluate how things have been working and to communicate about any areas for improvement.

  1. If you are not using divorce mediation, give it a chance.

Even if you are in the middle of a long, litigated divorce, it is not too late to save money and time by exploring mediation.  If you and your soon-to-be-ex are both feeling demoralized by the expense and length of an adversarial divorce, the new year could be a great time to open the discussion about taking a new, less costly and more peaceful path to finalizing the divorce.

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

Try To Get The Most Out Of Your Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Divorce Mediators Orange County; California Divorce MediatorsDivorce mediation is regarded as the more civil and peaceful way for couples to get themselves divorced. Divorce as a process can leave a sense of bitterness in the couples – divorce mediation on the other hand rectifies this problem by encouraging the couples to solve their issues themselves through dialogue. This means that a sense of cooperation and consultation is likely to begin between the spouses which might not mend their fences altogether but it will stop them from deteriorating further.

Why It Should Work For You?

Mediation is a process that involves no judge – only an Orange County divorce mediator. And the mediator doesn’t decide the case, rather facilitates and encourages the couples to talk their differences out and agree a solution among them. This means the result of divorce mediation depends on each of the spouse. For a mediation to be successful, the mindset of the spouses going into the process matters more than any other thing.

If the spouses go into the process wanting to win, then divorce mediation is unlikely to garner positive results because there will be no sense of cooperation, the spouses will only want to maneuver each other to get the greatest monetary advantage. Yet if the spouses use the same process and go with the mentality of ending their marriage and solving the pending issues amicably, the results are likely to be very different. In such a case, each spouse will be willing to make concessions and accept the rights of the other parties, which will allow the couples to maximize the gains of the divorce mediation process.

What You Need For Orange County Divorce Mediation

Mediation processes are dependent on the discussion and agreement of a solution between the two spouses. This means that if the other party doesn’t agree to the proposed solution, there might have to be a new solution proposed that’s acceptable to that particular party. The most important thing in such a situation for you is to know what your demands are and you should come into the mediation process prepared. If after several attempts a solution isn’t reached, you’ll need the law on your side to make sure you don’t get the rough side of the bargain.

Researching beforehand is another way to achieve it. You should back your point and demand with legal arguments that should be compelling to the other spouse. Another important aspect is being aware of the financial position. Finances take up most of the time in any kind of  divorce mediation and you’ll be able to garner the best results of your mediation process if you knew the financial position and thus could easily protect your rights and rightful assets.

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

Protecting The Legacy Of Your Family In A Divorce

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsThe most important thing for most people is their family. All age groups of people right from the age of infancy to the age of retirement cherish their families. Most families are known to have a certain reputation in the society.

This reputation is based on many factors that can range from the contributions of the elders to that area to the way they have social interactions and relation with people. For people that live in Orange County, the love and affection for their families is no different.

Divorce, on the other hand, is associated with words like end, breaking up, and emotional stress. Most divorces can be a torment for the person going through it. Divorces are known to be able to break even the strongest of people emotionally.

When two people who had pledged to stay together separate, this separation isn’t only limited to them but the effects of the divorce tend to reach one’s family too. When a couple comes to the conclusion of getting involved in a divorce, there are two ways available to both of them. One way of divorce is through the courts and the process of litigation while the other one is through Orange County divorce mediation.

The Effect of Litigation

In this article, we will look at both the options and how they can affect or protect the family’s reputation while the divorce process is going on and after it has finished.  Divorce can be achieved by couples through litigation in courts, but the process of litigation brings the two spouses at almost warring fronts against each other.

In courts, the mentality that usually prevails in divorce cases is an “us against them” mentality, which only leads to more bitterness in the courtroom and in the future correspondence between the clients. What effect does it have on the families? Court rooms are public places and the level of mudslinging going on in courts tarnish the reputation of both the spouses and their families in front of the general public. Another reason for a litigation divorce’s negative effect on the reputation of one’s family is that even to this day a small minority of traditionalists are against the act of divorce.

The Effect of Divorce Mediation

Divorce mediation is another way for the couples to get separated. Unlike the process of litigation, divorce mediation is a process that works on the cooperation of the spouses with each other for the resolution of their issues.

This process is based on things such as mutual respect, and open, honest communication, which makes it a more harmonious way to get separated. What effects do divorces have on the reputation of the people involved? While there will be those who take the traditional road to litigation, the fact that the issues can be solved through divorce mediation between the parties without the need for the dispute going public means that most of the family’s reputation will remain intact.

The bottom line is that the best way to protect a family’s reputation in divorce is by separating through the divorce mediation.

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

Love, Family & Life After Divorce

Posted by: Gerald A. Maggio, Esq.

Divorce mediation attorneys Orange County; California Divorce MediatorsThe process of divorce can be bitter more often than not. When the time comes for couples to end a relationship that they had willingly wanted to pursue, emotions can sometimes get the best out of them and lead to a hateful attitude between the spouses. For example, when a couple that has been married for a very long time separates, there is likely to be a strong sense of betrayal and disloyalty between them.

It is important for couples who are going through an Orange County divorce, or want to go through with it, to know that divorce isn’t only just between the two spouses. It has a far greater affect on a large number of people from both the families. Your divorce will determine the reactions of your family and friends. A bitter divorce that is full of mudslinging, accusations, and resentment will mean that the separation of the two families will become as bitter as the divorce itself.

There are two ways for a couple to end their marriage and seek a divorce. One is through the litigation process in courts and the other through California divorce mediation. In litigation there is always the sense of competitiveness and rivalry which, when coupled with the tensions in the divorce, can become an almost unbearable volcano of emotions. Divorce mediation, on the other hand, is considerably different.  Divorce mediation is built on the principle of cooperation and peace among the spouses.  Divorce mediators are trained to facilitate and promote harmony among the spouses and encourage them to settle their differences through discussions.

Love is an important part of one’s life. According to most poets and intellectuals, it is an expression of the human side of a person. As such, love is an important component in any couple’s life. Yet classifying love to only exist between the two spouses is unfair. Love is a feeling of admiration which during a marriage is bound to exist between the couple and their families. The sense of togetherness and oneness are all signs of mutual admiration between the couple that shows that love exists.

After divorce though, for most couples their bitter end means that the feeling of mutual respect almost seems to evaporate. How can this fate be avoided? Choosing Orange County divorce mediation will help you facilitate and experience an end to a relation that is amicable and not bitter. If the end of relationship is amicable, the mutual respect between the spouses can continue.

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

How To Make Your Divorce Mediation Checklist

Posted by: Gerald A. Maggio, Esq.

Orange-County-divorce-mediators; California Divorce MediatorsThe success of your divorce mediation depends on many factors such as the couple’s cooperation, willingness to settle their dispute amicably, and the complexity of their case. Orange County divorce mediators are tasked to keep the couples on track in their divorce mediation. Negotiating and coming to an agreement is the task of the couples but it’s easier said than done. For most couples this is a hard task and here we provide you a list of the top issues you should talk about in your divorce mediation.

Minor Children

Parenting in a marriage and parenting post-marriage are two very different things. During the marriage, you and your couple are likely to have a specific way of co-parenting but after divorce, all that is going to change drastically. Therefore, it is advised that you talk to your spouse about it. In such a discussion, talk about work schedules, the child’s activity times, and then segregate duties of the child to each other in a way that’s convenient to both of you.

Property

A large number of couples have only their real estate as an asset in their divorce. When couples buy a home, they have to share the mortgage using their income and the subsequent expenses that are incurred on the house. When you decide to get separated, the future of your house should come under discussion. Both the spouses should decide whether they wish to rent the property out or have one of them live in it and who and how will the mortgage payments be made in the future.

Furniture

When couples undergo divorce, they separate their households. In such a case, it’s important that you discuss the classification of furniture in your divorce mediation, because these are inventories that might lead to disagreements in the future.

Businesses

If you and your spouse own a business, that is one subject that should come under discussion in your mediation. The business is likely to be the source of a financial income to both of you and it is important that you have a detailed discussion regarding it. The discussion could include who would make the decision in the business, whether to keep the business or sell it off, and how will the profits be divided.

Debts

This is definitely a topic most couples shy away from but that’s not a wise thing to do. Debt discussions are never bound to be fun, but they are important and have to be had. These discussions will let you discuss with your spouse the amount of debt you have, whether it was taken before or during marriage, and how will the payments of the debts be divided. This is important if you want to avoid being surprised by a large credit card bill.

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

How Can I Know that My Divorce Mediator Will Be Neutral and Unbiased?

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsQualified divorce mediators are trained to be neutral, but anyone concerned about this issue should interview the mediator before beginning the process.

There are two main neutrality concerns that can be explored.

The first concern is that a mediator will be biased toward a particular party, perhaps because of his or her own past experience.  This may be of particular concern if one party feels that he or she will be presented as the villain.

The second is that a mediator will push a particular type of parenting plan or a particular arrangement for spousal support.  Some people may be concerned that a mediator may have a preconceived idea of the way things should be handled.

Prospective clients can address these concerns in a phone or in-person interview with the mediator.  Good questions to ask might be, “What kind of parenting plan do you favor?” or  “How do you handle it when one party is in the wrong?”  A truly neutral mediator will explain that he or she does not favor any one kind of plan over another, and in mediation, neither party is right or wrong*, and both perspectives are equally valued.

*This has exceptions – for example, domestic violence, or other illegal activity.

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

Prenuptial Agreements Can Assist in Property Division in a Divorce

Posted by: Gerald A. Maggio, Esq.

Top divorce mediators Orange County; California Divorce MediatorsOne of the most difficult issues to deal with in any divorce proceeding is the division of martial property. Typically the biggest question is what is to happen with the house, a question that may trigger sparring matches between the divorcing couple.

Further complicating a sale may be the presence of a third party in the marriage break-up, which destroys what trust the divorcing couple may have had. The spouse who was cheated on may wish to make things difficult for the cheater. They may make it harder to show the property or withhold disclosure on any issues the house may have – such as structural or water issues. Even if a spouse has children and they want to retain the home, they may not be able to afford to maintain it.

Another point of contention may be overpricing the home in order to attain financial security and thus delaying a potential sale until the price of the property has been adjusted downwards.

In California, if the house is owned jointly, both signatures are required to sell the home. However, only one spouse needs to sign a listing agreement to put the house on the market. In a number of cases, the individual wanting a divorce wishes to get the property listed for sale quickly, to move on with their life or even buy another, smaller home. The person who did not want the divorce may be conflicted about selling, wishing to keep the home for the sake of any children involved. With two different points-of-view in play, things can get difficult and make it harder to get any offer accepted.

Couples with an existing prenuptial are likely to have an easier time with property division and the sale of the home, as most include instructions on how property is to be allocated, should the marriage dissolve. Nonetheless, one partner or the other may not wish to honor such an agreement because they are angry. In such cases, even a valid prenuptial may end up being challenged. However, if it is a solid document, the issue may be resolved according to the fact of the case.

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

Debunking Myths about Divorce Mediation

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediators; California divorce mediatorsWhen people think of divorce mediation, the first thought that comes to mind is holding hands and walking on the beach. Although divorce mediation is a peaceful process, the two of you won’t be leaving the room as a couple, as it does in fact result in divorce, but on friendly terms. This is just one of the myths associated with it.  Here are several more that need to be debunked:

1.    “I don’t want to be in the Same Room as my Partner”

Divorce can get messy when two people are at each other’s throat constantly. Therefore, the thought of being in the same room as them can make you tense and believe that there is no way on earth you two could come to an agreement. This is where the mediator steps in. When two people are about to lash out at each other, the mediator works to divert your attention back to the work at hand by helping they two of you make rational decisions.

2.    “I think the Mediator is trying to Repair my Marriage”

People assume that a mediator is someone that couples go to get back together. That is the wrong perception of divorce mediators, as they are not therapists trying to repair a marriage. They are not there to reunite the couple, but their main focus lies in coming up with a settlement agreement amicably so that they can move on with their lives.

3.    “I believe that the Courtroom is the Perfect Place to Fight for my Kids”

Couples with children who want to claim sole custody of their kids are willing to go to court and stir up negativity and pain for the children caught in the middle of their battle. If you have children, you can seek child custody mediations to come to a joint agreement on what the custodial schedule will be for each parent.

4.    “I will just fight for what belongs to me”

You can do the same in divorce mediation except the only difference is that instead of fighting in court about to it during divorce mediation you two will sit together and thoroughly analyze the issues. The constant bickering can be left out, as you both will have a hand in coming up with a settlement agreement that you both are satisfied with.

5.    “Mediation is the best Method for Every Divorce Situation”

Although mediation is a preferred process to separate, it is not the ideal process for every situation. If divorce is occurring due to spousal abuse, addiction, or if you feel the spouse is concealing assets. If that is the case, you may want to try the traditional method of seeking divorce.

Divorce mediation compared to traditional divorce is oftentimes a better substitute. Therefore, it is pertinent that these myths be put to rest so people can make a decision that is beneficial to both parties.

If you are planning to go through with divorce mediation proceedings, and you are located in Orange County or anywhere else in California, contact California Divorce Mediators at (949) 553-0911 or visit www.cadivorcemediators.com.  California Divorce Mediators is an experienced Orange County Divorce Mediation and Family Law firm serving the Orange County and Riverside areas and neighboring counties, serving individuals, couples and families with legal issues including divorce, legal separation, spousal support, child support and child custody issues.

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