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.
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.
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.
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.
As thousands of couples decide to end their marriages every year, their kids are also affected in the process. But their reactions will depend to a large extent on their personality, the circumstances under which the parents decided to separate and their age. Kids often get affected when their parent’s divorce. Often, the first reaction these children go through is that of sorry, anger, frustration, sadness, and shock. However, these children can deal these feelings in a better way as they know how to cope up with stress. As an end result, many of them are more tolerant and flexible when they become young adults. At such trying times, the most crucial things both the parents can do are to help their children steer through it by taking the following steps:
Important steps
Try to minimize disruptions in the daily routines of their children.
Make sure that legal talks, heated arguments, and visible conflicts happen away from the kids.
Do not be negative in front of them. Conversation with close friends and private therapy sessions should not take place inside the house.
Both the parents should be involved in the lives of their kids. Indifference will hurt them more.
People going through divorce or separation require lots of emotional support from their families, clergy, professionals and friends. However, these adults should never seek support and help from their children though they may appear ready to do so.
Break the news gently
The moment you are completely sure of your divorce plans, you should speak to your children about the decision to separate. Yes, it will be not an easy task to break this news. In case it is possible, it is better if both the parents are present while the news is shared. Make sure that you adopt a neutral and unbiased tone and do not express your emotions of guilt, anger or disillusionment while telling them about your separation. Of possible rehearse how you are going to break the news from beforehand so that you go not lose your temper or become upset during the discussion.
You should discuss the matter in accordance with the temperament, maturity, and age of your kids. But one statement should be common. Whatever took place between both of you; your kids are not responsible for that. This is because a majority of the children feel that they should be blamed when things did not work out between their parents. So, it is extremely crucial that the parents reassure their kids about this.
Rather tell your children that at times the adults do not agree on things or their love for one another change and so they decide to live separately. But also tell them that children will tie the parents forever no matter what happens.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
California is the only state which legally recognizes the right of a child to have more than two parents.
This holds a lot of implications.
Let us say A and B were in a happy marriage, and together, they had a daughter, whom they named C. But A and B began drifting apart and decide to call things off. Following their divorce, the court awards custody of C to A.
A decides to test the waters again, and marries D this time.
To C, B remains a legal parent. In short, she now has three parents – A, B and D. All three have equal claim to her.
When C grows up, she will have a claim to B’s fortune if the latter dies without leaving a will.
Another scenario is when A and B cannot have a child together. They go in for the IVF method, and the embryo is implanted into the womb of a surrogate mother, say S. While A and B are the biological parents, S is the natural mother, according to California law. So all three – A, B and S – are parents of the child.
A near-combination of these two instances occurred recently when Hollywood actor Jason Patric (you might recognize him as the male lead in Speed 2: Cruise Control) was named parent of his biological son, who was conceived through IVF.
Patric was involved with Danielle Schreiber in the late 2000s, but the two called it off in 2008. However, Schreiber desperately wanted to be a mother, and Patric convinced her that she should choose his sperm.
Their son, Gus, was born through In-Vitro Fertilization in 2012.
A family court awarded Patric custody of Gus for six months in a year, with Schreiber having custody for the remaining six months.
Schreiber is unmarried at present, but should she choose to marry someone other than Patric, Gus would have three legal parents.
What this means for you
If you are considering using the services of a surrogate mom, make sure the contract is iron-clad. If not, the surrogate mother could very well claim parentage over your child, citing her rights as the natural mother.
If you are trying to have a child through IVF, have an attorney review the contract that you sign with the clinic. In case of any mix-up, i.e. they use someone else’s sperm or eggs, you don’t want to lose your child to a stranger.
To learn about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained 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.
Nowadays, divorce has become a common issue and couples who are unhappy with the marriage head for a divorce. Mediation plays a big part in divorce proceedings. Often, if the couple have not undergone a mediation program, the court will appoint one for them. But court-appointed mediation does not work as well as mediators who work separately. One of the biggest reasons is that court appointed mediators are given a time limit and often that limit is not enough to complete the mediation process properly. Mediation is given so that couples understand the divorce proceeding and what is required from them. In some cases, mediation processes also end up saving the marriage.
In most cases, one person acts as the mediation lawyer for both individuals. However, in some cases, two mediators are used.
When one of you is a close friend of the mediator
It could happen that one of you are good friends with a divorce mediator. So, it’s possible that the mediator favors one of you over the other, although mediators go out of their way to remain neutral even in such situations. Also, having close friends mediating your divorce might not be a good idea if there are things about you which probably you don’t want the world to know.
When one mediation does not work
Sometimes, couples might feel that one mediation is not enough or that the mediator has not done a good job. One of the primary objectives of mediation is to enlighten the couples about the divorce proceeding and what should be their best course of action. If a mediator fails to do that, then couples have the right to seek out the help of another mediator. However, they should first check the reputation and background of the second mediator they are hiring.
Conclusion
Mediation is an important part of divorce and should be taken seriously. However, in certain cases, one mediator does not work and therefore a second one may be required. It usually happens if the primary mediator is a family friend or at least close to one of you. You can also choose another mediator if you’re not happy with the service of the first one. It is important to know when you need a second mediator for the job. Spending unnecessarily on another person is not a good idea especially when you’re going to face financial damage during your divorce.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Marriage is not an easy relationship. There are several cases when couples started their married life with the best intentions but ended up getting divorced. There could be various reasons for which couples get divorced. Here are some of the most common reasons for couples ending up being in divorce court.
Extra-marital affairs or adultery
According to a report published by AARP, even today, adultery plays a big role in people filing for divorce. But, reports also claim that there are several reasons that lead to a spouse getting into an extra-marital affair such as unequal sexual urges, getting distant, having different interests, resentment and fury.
Gain in weight or obesity
Though it may appear as a surprising reason, unusual weight gain by one of the spouses is also known to be a major reason why couples get divorced. A survey conducted by Men’s Health magazine reported that when one of the spouses gains a lot of weight, it can come in the way of their marital bliss. If your spouse does not attract or get turned on to your body, there could be problems like resentment and rejection, which can be marriage-threatening issues.
Monetary issues
According to a report published by the American Journal of Sociology, when a husband is unemployed, it can be a major criterion for divorce. In other words, lack of or insufficient money can cause big problems in a marriage, often leading to a divorce. If a married couple faces financial on strainers, there could be a lot of stress. This can further lead to a lack of proper communication and constant arguing. There are many couples who have different views on the others’ spending habits. Relationships may undergo lots of stress where one controls or has the finances, which often end up in a divorce.
Lack of proper communication
Often you will hear people saying that proper communication is the key to a successful marriage. Many relationship coaches opine that negative communication or lack of communication may diminish feelings of romance and love between couples. When a couple stops having effective communication, marital troubles leading to a divorce are not unusual.
Abuse
Abuse can be either a spouse being physically or emotionally abused by the other spouse. These are a common reason why many couples get divorced. Verbal or physical fighting that happens frequently between couples may make their relationship volatile and eventually end up in a divorce.
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.
During a divorce process, there are many emotions that take place in the minds of the affected spouses. One of the major ones among them is worrying. Though worrying is not necessarily bad, how one deal with it can be a major concern? It can even become paralyzing, preventing people from getting the required work done. It can even go to the extent of draining one’s energies completely while the divorce proceeding is going on.
Here are some of the steps you can take to stop worrying while your divorce is going on.
Chalk out a plan to resolve the problem
If you are worrying due to a specific reason, document a plan on how to rectify the problem that may be helpful in minimizing the impact of the issue. For instance, in case you are worried about how the split of the assets will happen, then some steps should be taken. In case there is a possibility of some hidden assets, you can take the help of a forensic accountant to hunt out for off-shore money or funds, which could have been transferred to some other party. You can also avail the services of a financial advisor to recommend what is best for you. For instance, if you are in your fifties, your interest will be in retirements rather than some other investments.
Find out about the root cause of the worrying concern
You need to ponder upon the reason that is actually bothering you. This is to address it before it gets too serious, the root cause of the issue can be something that is quite unexpected for instance a spouse may be worried about losing his or her marital home. When you discuss the concern with your dear ones, you may find out that your worry is more about the security the house represented rather than the house itself. Sometimes, such realization could allow you to approve of selling the house.
Restrict your worrying time
Curtail your daily thinking time to about 30 minutes or less than that. When you go on thinking about your problem endlessly, it will only escalate your problems further. Rather, jot your problems down and prepare an action plan to handle them. When you feel that your worry is out of control, just let it go. Rather, divert your concerns to what you can control rather than what you cannot.
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. 
