Before understanding how your marital pretty should be split during a divorce, it is important to recognize what a marital property means. Any property owned by you or your spouse during the course of your marriage is counted as a marital property. The properties you owned prior to getting married or any property that you inherit while being married is not considered as your marital property. Some spouses are under the impression that they can escape the process of splitting their marital assets; however, a divorce lawyer is a smart professional. Hunting for hidden assets is one of their top priorities when they fight cases for their clients. If you do not want to get penalized by the court for tucking your marital asset, later on, it is better to disclose such properties in the beginning. Check out the following tips for splitting your marital properties while your divorce proceeding is pending.
Take help of a mediator
It is a good decision that you hire a mediator who will help you by working on sticky issues, which may pop up while the marital properties are being split. While it is a requirement in some States to have mediation while the divorce process is on, other States do not have such a requirement. It is better to save your money and time by hiring a reputable mediator who will help you in this process prior to the involvement of the courts.
Stop fighting on small issues
When you let emotions rule over your good sense, your objectives may not be fulfilled. For instance, there could be a portrait in your bedroom, which you are emotionally attached to and want to take it with you by any means and you do not agree with your spouse that he or she should have it. In case you fail to arrive at an amicable settlement on such trivial issues, your judge may not care about your emotional attachment to certain objects. A court’s job is to find out the assets acquired by you during your marriage, As such, it will instruct the property to be split according to the laws of your state and not according to what you want. To put it simply, it is you and not the judge who has made an emotional and financial investment in your marital property. A judge cannot and is not in a position to order for the split of marital properties in a manner that will satisfy both the parties involved. If the couples can mutually sort out those issues, then only both of them can be satisfied. Any attempt made to hide marital assets is a legal offense, which means you are violating the law.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
You need to consider several important points while your divorce proceeding is going on. Health insurance should definitely be high on your priority list. It is important to give proper health coverage particularly when you have kids from the marriage.
Obtain affordable health insurance coverage before your divorce is final
Contrary to what you may be feeling about divorce, it does change a lot of things in your life. However, one thing that will not change is that both the parties will have health related concerns for their kids as well as for them. One of the most important worries is definitely about the adequacy of health benefits. If you overlook or sidestep the issue of your health requirements during a divorce or a legal separation, you could be committing expensive mistakes that could even jeopardize your financial standing.
Hence when you are in the phase of a divorce or a legal separation, you should take out some time for your hectic schedule to look at life insurance, health policies etc, However, do not get over agitated earn you find something doubtful in those documents since laws are in place to safeguard the rights of your children and you. Rather, it is better to get your doubts clear from your legal counsel. Here are some of those options to obtain adequate health coverage for your kids and you while the marriage ends. It is irrespective of who will be .awarded the custody.
Try to get health coverage from your existing employer
In case you are employed and an affordable priced health insurance plan is offered by your current employer, then there is no harm in going through what the plan intends to offer with respect to various aspects including prescription, dental and vision. Enroll in it in the case it is within your budget and will meet the needs of your kids and you.
Times have definitely changed as getting health coverage under the policy of your former spouse or as a part of the policy offered by your employer are no longer cheap as they used to be many years ago.
You should ask your estranged spouse to include health coverage as part of your divorce settlement
While there is no certainty whether it will work or not, there is no harm in discussing the matter with your divorce attorney. It is particularly relevant when kids are also involved. The issue is a part of the section detailing about child support in the event of a divorce.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Many experts on child development have claimed that children enjoy many benefits when they are brought up by both their parents, though divorced. There are various reasons for this. A key reason is that those parents, who follow the co-parenting model for bringing up their kids, go through fewer incidents of conflicts as compared to the parents who get sole custody of their kids. Studies have demonstrated that kids are miserable and feel deep anguish when their parents are bickering one another after the divorce. On the other hand, when parents try to keep their disagreements to a minimum, children are likely to become more resilient.
But there are not many experts who have spoken at a length about the limitations of co-parenting in cases where the parents do not share a good relationship or the conflict between the two is high. According to some experts, when kids come from broken families, they are to benefit if their parents share healthy and strong relationships. They should never get exposed to the conflicts and arguments of their parents.
Divorced parents should only opt for co-parenting when both the former spouses are supportive of one another and understand the importance of respecting each other for the well-being of their children. However, there are many parents who become addicted to fury. These parents are constantly convincing themselves that their ex-spouse is not competent or is mentally ill.
They not only share their thought with the children but also to other stakeholders like mental health professionals and school staff.
There are several experts who suggest going for parallel co-parenting as an alternative to all those parents whose relationship is adversarial. So, what is the exact distinction between parallel parenting and co-parenting? To understand this you need to go through the following key aspects of both.
Defining co-parenting
It is a form of parenting where the parents are not married anymore, not in a romantic relationship with one another or are not cohabiting For instance, in the U.S., co-parenting refers to a parenting situation where both the divorced or separated parents agree to take care of the kids jointly.
Defining parallel parenting
While co-parenting is definitely a great arrangement for parenting, it also involves a lot of interaction between the two parents. They have to make shared decisions, speak to one another at drop-offs and so on. However, high-conflict between the two may not produce the desired result. Parallel parenting is a model where divorced parents agree to co-parent even while remaining disengaged to one another while maintaining limited direct contact.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
It may so happen that when the parent’s divorce or separate, the school of their kids may be closed. But the transition from holiday fun to homework and routines will soon start. Beginning a fresh school year or a new academic session can be stressful for the children as well as their parents. However, if the separation or the divorce got finalized during a summer, it could be baffling for all concerned. After all, there are several new details to be handled. So, it is best to have a strong co-parenting plan in place for the best interests of the child to ensure that everyone is in sync prior to the re opening of the school. Check out some tips that will come handy for the divorced parents so that the new school year is organized and positive for the children.
School authorities should be updated about the divorce
Parents should take out some time before the school starts its new session. They should get in touch with the concerned school authorities and explain them about the new family situation. However, they need not furnish specific details. Teachers will be benefited when they learn the new dynamics and home schedule when there is a joint custody. They can then keep a close tab on if the concerned child is demonstrating any kind of emotional impact as aftereffects. The school authorities should include both the child’s parents on their mailing lists for field trips, fund raisers, updates, and newsletters. There are several teachers who make efforts to arrange for separate parent teacher meetings in case such a request is made. Both parents should try to put aside their personal issues and differences for the best interests of the meeting and their kids. However, I’d it is not possible to do so; there could be two separate meetings with each of the parents so that the child is not stressed.
Create a shared calendar online
An academic year in the school has different kinds of activities all through the year. It could be tough for the entire family to remember or keep track of all of them. When the divorced parents have a shared time schedule, they can be in the loop and know those activities and transportation or supplies required for these activities. Parents can also have a proper tab on exams, conferences, report cards, permission slips needed apart from all other important information that they should know.
Both parents should distribute the supply list
Each parent need not begin to purchase supplies. Else, their child may have an excess of the same supplies or may miss out others. Rather, both the parents should divide the list so that their kid can find specific items with each parent.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Divorce is not easy on both the parties involved and yet it is the kids who suffer the most. Often the conflict of both the parents leads to the subject of visitation quite an ugly one and the transition between father’s house and mother’s house can be a youth one if not dealt sensibly by the parents.
The process of divorce is truly a baffling period full of emotional upheaval and lots of uncertainty. It is even more difficult if kids are involved in it. To ensure that the situation is stress free for them, it is imperative that both the divorced patents collaborate together to ensure that there is positivity in the visitation process. Experts agree that parenting one’s kids is the most crucial task that the parents evil ever do. When parents work in a mature manner, their divorce will not have negative, long and lasting impacts on the kids.
It is a prime responsibility of the divorcing parents to show that they are united in front of their children. Such a behavior will make the children comfortable and more confident during this trying time, Check out the following ideas and thoughts to make sure that the visits go smoothly for all concerned.
Promptness matters
When you are punctual in bring with your kids as per your visitation arrangement, it reinforces the thought that these visits are extremely important for you. Kids should feel that their presence is important in your life. Hence you need to focus on them every time you are with them. While visiting them, you should demonstrate them the fact that you consider them as your top priority. How about spending some quality time riding bikes with them or playing badminton? You should understand that your text messages and emails can wait.
Try to avoid arguing with the other parent
Your kids may get very upset when you argue in front of them, particularly when you are picking them or dropping them off at the other parent’s house. It is crucial for both of you to understand that visitation is an opportunity to concentrate on your kids. So, it so essential for both the parties to ensure that come whatever may, the pickup/drop off transition is a pleasant experience got the children. It is better to deal with your differences and conflicts at a different time. You can fix up meetings at a different time to speak about contentious issues with your ex-spouse.
You should remain positive
Show positivity and enthusiasm while speaking about the upcoming visit. Your plans should not be overshadowed due to your conflict with the other parent.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
You may think that estimating your expenses after the divorce is an easy task but in reality it may not be true. In fact many people are unable to name a proper estimate of their current lifestyle expenses. Majority of the people are practically clueless about where their money is going. Even if they have a tough idea, they are unable to articulate it properly when queried about it. When someone prompts them about what their expenses and requirements could be at present, they may agree to that.
What could be a big mistake?
Usually, your attorney may request you to prepare a budget based on their expenses. You may not down the obvious expense heads such as phone bills, Internet bills, cable TV/ satellite TV charges, cat insurance, loan payment for car, utilities, rent and mortgage. However, you may still feel that something is still amiss. Since you are well e not certain, you do not hand your budget to the attorney. Although your attorney may be constantly after you, you cannot be specific though your time could be running out.
In fact may find that the process has a strong likelihood with done or being asked the sand question repeatedly in a torture like situation.
While you may not have a sure shot answer to their question, you may eventually give your attorney something so that they do not pester you again. You should remember the figures you hand them over will be used for ascertaining some major monetary issues in your divorce case.
A financial consultant specialized in divorce cases suggests their clients that in case they want spousal support but do not know what their exact requirements are and what they should ask for, there are high chances of not getting it. On the other hand, when you are supposed to provide for spousal support but are ignorant on what are your needs. It is a tough job to hang to it. Plus it may not be there if you require it.
Merits of consulting a good divorce financial professional
When you work closely with a reputable divorce financial professional, the financial aspects of a divorce can be smoother. Additionally, it will also be more financially sound. Remember that it is the most crucial financial decision in anyone’s life. A divorce financial expert is well-equipped with the knowledge of a detailed list of all possible costs that could either be applicable to you or may help in reminding you to add it to your expense list. A well-prepared statement of expenses as well as a proper understanding on how up use your money can be the foundation of your financially secure future.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Although you may be divorced now and you are bringing up your kids on your own, not is still your responsibility to ensure that your kid feels secure and safe after the divorce. Follow the below-mentioned tips to make your kid feel protected even after you get divorced.
Your children should get proper care
Since there will be two households after the divorce, both the parents need to work on a majority of occasions. But when there are younger kids at home, you become highly dependent on childcare. So, select a reputable child care provider where you children will love to spend their time. So, do not just leave your kids with anyone. It is better not to have someone with your child who is just a casual acquaintance of you. Do proper homework on the childcare center or the person where you will leave your child. When your children are sad or mistreated, it gets reflected in their behavior.
They should have a place that they can call their home
Kids do not go to their father’s house or your mother’s hours. They just want to return to their homes. Parents can go for an arrangement so that the child does not have to shift from their family home even after the divorce. In case either you or your partner are not okay with such an arrangement, both of you need to ensure that your kids have a proper roof and a place where are secure and safe irrespective of whether they are residing either their daddy or mommy. It means they love to have their own room so that they can call their friends overt. Their home should be in a safe neighborhood or in a good school district.
They should have a responsible adult to depend on
Divorce can embitter the ex-spouses against each other and emotions can rule over sensibility. However, your children need not be a privy to your arguments and bickering. If you and your former spouse are not careful, it can have a negative impact on the security of your family. So, behave like an adult in front of your kids, no matter what you are feeling.
Parent should be good provider
Your kids require good food, a periodic outing like going for a movie, new shoes, and clothes. So, you should ensure that you have a stable job. You need all the extra bucks to give a comfortable life to your kids even after the divorce. In case you are a daddy, do not simply leave your job with an intention to shell out fewer payments for child support. On the other hand, if you are a mom and stay at home, it is time you start working too instead of completely depending on child support.
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 an easy task to tell your kids that your spouse and you are getting divorced. However, you can still make things to a certain extent when you abide by a simple plan formed on the basis of emotional comfort and truth. Check out some of the tips mentioned below to tell your children that you are divorcing their other parent.
Your children are not responsible for this situation and they should know this
The best way you can alleviate the pain of your kids is by telling them the reason why you are separating. However, explain them in such a manner that is easy for them to digest. Whatever is the truth and what you disclose to the children need not necessarily match. After all, it is not your kids’ fault and they need to be told this fact so that they do not feel guilty or unsure.
Maintain civility with your estranged or ex-spouse in front of the children
When you establish mutually agreed upon and clear expectations as well as boundaries about your divorce, your children will be less apprehensive and anxious. There should be proper clarity in the messages that are sent about your separation or divorce and the possible transitions thereafter. Your child may get baffled when he or she hears conflicting words from the people they trust the most in their lives. You may not have similar kind of parenting styles or not agree upon on day-to-day operations, when there is a unified front; your children are going to benefit from it.
Do not share information that is not apt for your kids
Avoid discussing adult details with them. There is a possibility that they will not even understand what you are trying to tell them and may even start resenting you for various reasons. It could be because you are using nasty words against the other parents offering them a concealed request for judging the prevailing situation and maybe even try to overburden them with your grief and predicament. Simply share with them what they must know and the communication should take place in a sincere and honest manner. After all, your focus should be on the children instead of on the grown-ups.
Stop playing the blame game
It is definite that you are aware of the cause of your separation. But your children need not know the actual reason. When you blame your soon-to-be former spouse for the impending divorce, there is a possibility that you are trying to poke your child to take sides. You need to remember that it is unhealthy for your kid to feel that that the other parent should be blamed for the divorce or the separation.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Are kids really affected after their parents’ divorce? It is a difficult question to answer for sure. Different children may react or behave differently to their parents’ divorce. On many occasions, how the parents conduct themselves before their kids and how the children handle the situation.
As the rate of divorce continues to grow all over the world, there are quite a few parents who wonder how their kids get affected by the divorce. Though children may come across some of their friends whose parents are also divorcing, they still have problems in coming to terms with the same thing happening in their own family many of these kids lament about the lists of their old family life that they were used to living. This just goes on to prove how affected they could be by their parents’ divorce.
How children may get negatively affected by a divorce
When kids do not get the support that they require while their parents get divorced, there may be some of the negative effects explained below:
Disappointing academic results
Kids may have trouble in focusing and concentrating while they are studying when he or she goes through deep anxiety. They may be depressed and become callous about studying unlike before when they led a normal family life.
Feel isolated
In order to come to terms with the fact their parents are soon getting divorced, some kids are known to isolate themselves completely from their parents, friends or other family members. Such isolation may aggravate matters further as it will give these kids time to ponder upon their parents’ divorce in certain ways, which may not be correct. In fact, they can even blame themselves since they will not like to share their thoughts with anyone rose, eventually leading to depression.
Behave rebelliously
Kids may get upset with what is happening to their parents. Their fury may have a ripple effect while attending school and have a negative impact on their camaraderie with the friends and other classmates. While many parents pay regard this issue as a passing phase, things can take a bad turn if not checked on time.
Bad peer group
There could be situations when some children may start feeling that they are not getting proper care and attention at their homes. So, they will try to get that from elsewhere, like bad peer groups who may have a negative influence on them. Moreover, since parents are busy sorting out their own problems, they may forget to console their little ones.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
The entire divorce process is quite a complicated one as there are various issues to be handled and sorted out such as distributing marital assets, parenting plans, custody issues along with the emotional trauma a spouse may go through during this period. Moreover, there could be a million other things hovering around in your mind. One of the most crucial issues to be sorted out at this juncture is how to treat the retirement assets since distributing them could be a time-taking process. In case you have recently filed your divorce petition and contemplating about the retirement benefit solution that you should get, you need to keep the following factors in your mind so that the process operates in a smooth manner.
Equal distribution of marital assets
Since all divorces are not sane, a single solution cannot fit all of them. There are many couples who are in agreement regarding maintaining their individual personal retirement benefits. They also decide to take leverage of the other assets so that the distribution of the property can be balanced out. Ideally, each asset is not split in a divorce. Rather piles are made on both sides so that there is a more or less equal distribution of assets at the end. But the real issue is that all couples do not have sufficient retirement plans with them. There are many cases where one of the parties has been relying on the other spouse for the retirement benefits. Where sorting out of retirement benefits is concerned during a divorce, when one spouse does do not have any kind of a retirement plan or the plan is not sufficient, there are several ways to make sure that the person gets something to depend on after his or her retirement. But there could be scenarios where each party getting their assets and individual retirement plan equitably distributed fails to work there could be other options like social security benefits discussed below.
Treatment of social security benefits
This is another kind of retirement financing. But, it is distinct from an arrangement like QDRO. According to the Federal Law, these benefits cannot be distributed among the two parties. There are certain cases where one party is legible for the social security benefits, which is based on the employment of their ex-spouse. In case, it is so, the said spouse may agree to that benefit provided it is more than what they would have got in accordance with their individual work history.
Moreover, in some cases, one of the two parties can instruct the payment of the spousal support for the other party from his or her individual social security. However, regulations vary on the basis of circumstances and regions.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Before understanding how your marital pretty should be split during a divorce, it is important to recognize what a marital property means. Any property owned by you or your spouse during the course of your marriage is counted as a marital property. The properties you owned prior to getting married or any property that you inherit while being married is not considered as your marital property. Some spouses are under the impression that they can escape the process of splitting their marital assets; however, a divorce lawyer is a smart professional. Hunting for hidden assets is one of their top priorities when they fight cases for their clients. If you do not want to get penalized by the court for tucking your marital asset, later on, it is better to disclose such properties in the beginning. Check out the following tips for splitting your marital properties while your divorce proceeding is pending.
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. 
