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Uncontested divorce means the spouses agrees on all major issues linked with getting divorced. These issues include the sharing of parenting responsibilities and also parenting time. The duration of child support and the amount of money must be taken into account. Property division and debt division must also be included.

In case the couple can reach an agreement, they can file paperwork sans any court appearance. The divorce will be final as soon as required period of time as per California law has elapsed. It is to be noted that not all uncontested divorce proceedings are the same. These kind of divorces may also run into choppy weather.  The simplest process happens when no minor children are with the couple and assets are minimal. The proceedings will go fast if each of the spouses are financially independent or capable to support himself or herself by independent means.

If substantial assets or minor children are present

Couples with substantial assets or minor children will be able to move through any uncontested divorce on the proviso that they can agree on all major issues. A few minor disagreements will not derail an uncontested divorce. Negotiation, however, must occur between the two until a complete agreement was reached.  A good communication between the spouses will assist in direct negotiations. In case this cannot be the option, the couple can approach a mediator. The professional can then assist in resolving the disagreements. Negotiation may also be done through attorneys. The last option will ratchet up expenses.

Attorneys and uncontested divorce

At attorney may not need to be hired if the couple concerned was not married for a long time. There is no minor children which needs caring. Assets are also too few to be divided. If a complex situation persists, then it makes a wise move to hire an attorney.

Advantages associated with uncontested divorce

The biggest advantage without hiring an attorney is cost. These kind of divorces are considerably cheaper compared to contested divorces. Any uncontested divorce could be completed by paying court filing fees. Even when there are attorneys involved in preparing the paperwork or assisting with the limited negotiations, these fees could be kept much low if that couple can able to arrive at an agreement without taking legal recourse to any court proceedings. Another advantage of uncontested divorce that it can be done out of court. Conflicts are kept to a minimum and recovery time is sped up.

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.

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There are very few couples who like the prospect of getting divorced. After all, when a marriage ends, it is tough for the concerned couple and also for their other family members. Sadly though, for some couples, there is no other choice apart from getting divorced. When such a situation occurs, both the partners may be under stress, saddened and disillusioned. It is natural for some spouses to realize at this juncture that they should save their marriages at all cost. In fact, it is not an unusual reaction. Though situation like this may appear hopeless, it is still possible to save some marriages. Read on how it is not an impossible task to save a marriage even while a divorce appears imminent.

Both the parties need to be vulnerable 

The spouses must be vulnerable in order to save their marriage and enjoy a blissful life. When spouses start expressing and being vocal about their inner feelings once again, their hearts are bound to open. Both the parties are reserved and furious with each other when a divorce appears to be imminent. Instead of behaving in this fashion, couples should express their emotions positively. Such an act can avert the possibility of a divorce as they help in doing away with emotional disconnect if any while expressing their love and forgiveness towards one another. There is ample evidence where marriages are found to be crumbling down when couples start being guarded towards each other. So, try to be vulnerable so that sharing your feelings become simpler and romance is back in your marriage once again.

Try to find out what went wrong by entering into discussion mode 

It takes a good deal of effort to stop a divorce, which seems imminent. Both the spouses need to work continuously on their strained relationship so that it gets improved and the marriage can be saved. Both the parties should try their best to eliminate any kind of hostility to reach such a point. An easy way to accomplish that is to identify what went wrong in their marriage. When couples attend professional counseling sessions, they can have these tough discussions in an unbiased and productive manner. It is important to remember that the couple should adopt the right attitude so that contentious issues can get resolved in an amicable manner and their marriage can be saved.

To learn more 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 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.

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A divorce can be extremely tough even in the most favorable circumstances. Not only does a spouse go through deep emotional anguish, they have to bear the stress of coping with the court proceedings and financial constraints. Apart from these difficulties, you may have to go through even greater troubles unless you do not prepare yourself well Check out a few common difficulties you may encounter in your divorce and how you can cope up with them.

Do not let your emotions make you biased or blur your sense of judgment

Since you may have to go through tremendous stress during your divorce, it is likely that you may not be able to make wise decisions at times. The uncertainty of what lies ahead of you in the future and fury at your former spouse may make you opt for certain decisions that you may not be proud of later on. Hence, the most crucial step you should do at this point of your life is to consciously work towards keeping your emotions in check so that you do not make any rash and impulsive decisions. You can discuss your mental state with those people who you are close to like dear friends or close family members. You can even get in touch with a professional therapist or counselor. It is also recommended to consult your attorney before making an important decision. A good divorce attorney can guide you to arrive at rational decisions instead of making emotional ones.

Stop using social media in an unwise manner

Social networking sites can be a big trap in several ways, especially during such an emotional phase of your life. No matter whether it is you or your estranged spouse who posts comments on social media, it is better to stay off such a platform while your divorce proceedings are on. Alternatively, you can also shut down your account temporarily.

There is no doubt that social media is a great tool to ensure that your friends are updated about your whereabouts. However, it may transform into a medium for venting out your anger and frustration. Now that could be harmful and you may have to face even more problems. The other party may use your posts in the court to make their case stronger. It is also not a good idea to go through the comments of your ex on social media. Such posts can make you angrier and may even hurt you immensely.

To learn more 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 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.

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When there can be boredom and complacency in a marriage, they may lead to emotions like lack of appreciation and resentment among some couples. If a couple is married for many years, they usually understand each other better. However, being married for long does not necessarily guarantee that it is bound to be a fulfilled marriage. A marriage may survive or get destroyed after a separation based on some of the factors mentioned below:

  • Duration of separation
  • Reasons for legal separation
  • Level of commitment demonstrated by both the parties for saving their marriage
  • Capability of coping up with the absence of one’s spouse

Ways in which a separation may be helpful

It is possible to save a marriage through a temporary separation only when both the spouses are committed in continuing with their union. Are the couples communicating with one another freely or are they guarded? Do they attend all the counseling or therapy sessions religiously? Do they still miss one another when they do not meet one another for whatever reasons? Do they still share camaraderie in each other’s company? Answers to all these questions indicate the value of the separation in a marriage.

When a separation continues beyond a time period of six months, there are a lot of possibilities that it may end up in a divorce. The exception is when there are some contentious matters, which may require more time to resolve. When a separation stretches for a longer duration, the couple may become more comfortable in their own lives. There are new events like new friends, activities, and commitments leading to a greater complacency in cementing the couple’s relationship. It is the ideal time to go on a self-discovery mode since an individual now has plenty of time to aggregate efforts of reconciliation.

While a separation can give you much-needed personal space and time for contemplation, it is important to renew efforts to bridge the gap as soon as possible between you and your spouse.

Merits of a legal separation in salvaging a marriage

  • Spouses get the necessary time and space to understand the obligations and efforts in their institution of marriage.
  • Gives an atmosphere and opportunity to find out new and unexplored aspects of their married life enabling the couples to embark on a new beginning in their relationship or marriage.

To learn more 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 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.

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Have you met someone and wanted to date him or her while you are still getting divorced? If your divorce proceeding is still going on, be cautious about dating. You may feel that it is time for you to enter into a new relationship after proceeding with a divorce or a separation. But it is a sensible decision to be out of the dating scene until the time your divorce comes through for a host of emotional, legal and strategic reasons.

Strategic reasons for not dating prior to divorce

A divorcing couple is quite likely to be not in the best of terms while a divorce is going on. So if you begin to date someone rose, it can aggravate your relationship with the estranged partner even more. Plus, the other spouse can make your life a hell while your divorce proceeding is going on and make resolution of the case more difficult. He or she may even try to take revenge against you.

Although your husband might have had several affairs while you were married, he may not like the fact that you are seeing someone else at this crucial juncture. He is likely to feel that you have wronged him and may try seeking justice through whatever means he can. It is also possible that he might try to get even with you by trying to split the marital property or get the custody of your kids. In case you have kids from the marriage, you should have an amicable relationship with your spouse in the best interest of your kids,

It is likely that you need to have a continuous contact with your spouse even after the divorce comes through due to having children together. If you date during your divorce, it can hamper the spirit of cordiality and cooperation and can even have a negative impact on your life for months to come 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

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.

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When you know the challenges that lie before you as a single mom, it becomes easier to prepare an appropriate action plan so that you can take care of the kids in the best possible manner in your next stage of life. Here are some of the top financial challenges moms face after a divorce gets finalized. 

Ways of paying the bills

One of the top financial concerns for the newly single moms is paying the monthly mortgage or bills. It can be an overwhelming and daunting affair to take care of the household utilities. However, do not despair and give up hopes. You can get through the trying time through many ways. For instance, you can sell off your house and move in with your close friends or family members during this trying time so reduce the financial burden. Alternatively, you can also contemplate refinancing your house to procure a lower rate. 

Providing necessities for the family

It is quite likely that your household income could have been slashed considerably after your divorce. You could be a homemaker while being married. There are other financial concerns after your divorce too such as clothing and school supplies. After all, these can be expensive too. A serious concern for you as a divorced mother is to look out for ways of providing for the entire family. 

Getting the required money to pay for childcare

If you are a newly divorced single mom, you may have a series of financial obligations that may compel you to join work once again or opt for double jobs simultaneously to meet ends. In fact, it can be a big blow as you, not only feel tired and anxious but cannot spend much time with your kids.

When you work full-time, you also need to look out for a reputable childcare facility to take care of your little ones when you are at office. You can take the help of your friends and family members to seek care for the kids when you are away from home until the time you start enjoying financial stability once again. 

Finding a suitable place to live

It is a sad truth that 20 percent of the divorced women fall below the poverty line after their marriages end. Now, that is hardly an encouraging statistic for divorced and single moms who want to offer the finest housing facility and schooling situation to their kids. A serious financial concern after your divorce is where you will live. In case you are incapable of staying in your original house, you should not feel disappointed, you can get help from various assistance programs for housing designed specifically for single moms and families with low incomes, which can come handy during this difficult time.

To learn more 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 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.

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Whether you should divorce your spouse or try to restore your marriage is a big dilemma because the fate of your marriage is in your hands. If you really desire in having a “peaceful” legal separation that may led to reconciliation or to divorce, check out the following suggestions.

It is recommended not enter into a fresh relationship immediately

You have just gone through your separation period and your emotions are still unstable. Hence, it is not the right time for you to manage a relationship on the rebound effectively. Do you think that you can sustain through the present relationship? You need to give some time to yourself for the healing process. You need to reevaluate and go through self-reflection for understanding your role in the entire separation process. Your spouse could have been wrong but it is also possible that you had your share of faults in your relationship. When you try to get into a new relationship, it can complicate the healing process. Eventually, when you get your emotions in check, you may find that both your old and relationships are lost. After all, there will be hardly any person who would prefer to date somebody carrying a relationship baggage. If your spouse realizes you have lost interest in him or her, they may put an end to efforts for restoring the marriage. While there could be some reconciliable reasons for your separation, when there is an emergence of a relationship on the rebound, things may change leading to irreconcilable differences.

You should not ask for a legal separation without your spouse’s consent

When you leave your spouse in darkness about your decision to legally separate, it becomes a mammoth task to restore marriage. If a separation is handled with the right kind of skills and knowledge, it can lead to stronger marriages. When you spend time away from each other, you get an opportunity to make sensible and logical decisions without your spouse influencing you. How about having a mature discussion with your spouse prior to separation so that there are proper goals, responsibilities, and expectations while the separation period lasts? Such a step will enable both the spouses to have a broader picture of their relationship.

Never be in a hurry to sign the divorce papers

An experienced marriage lawyer is never in a hurry to rush their clients into filing for a divorce since they know that time is crucial to healing painful emotions. You may have a powerful reason to separate from your partner. However, pardoning plays an important role to salvage any difficult marriage. It helps when you take some time away from your spouse to give them a second opportunity. When you rush for a divorce, it may result in bitterness because of regrets.

To learn more 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 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.

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Going through a legal separation can be an emotionally taxing time for both the partners. Often a spouse may feel unsure about whether they can save their marriage or not. More importantly, a big doubt is whether your spouse will be interested to save your marriage or not. There are several practical considerations the affected couple should also take care of. It makes sense to deal with the separation’s practical side as quickly as possible so that they can get more emotional and mental space for processing your needs and feelings.

There are several cases where irrespective of how much a couple tries, their marriage appears to be doomed. It is possible that a couple has already tried to talk it out. They could have even visited a professional therapist or have gone for individual counseling. It is possible at times that a couple has reached that stage in their life where they opt for a legal separation as the final attempt to check out whether their marriage can be restored or not prior to taking the final call to end it.

When you follow these practical tips to separate from your husband or wife, your road ahead can ultimately be smoother.

Think about your properties 

When a couple is married, they could own plenty of shared assets. A pertinent question in this juncture is what should now happen to all the shared possessions.

You can begin the process of splitting with big items like a car that could be jointly owned by both of you and furniture. It is important to know which spouse will be keeping what and is entitled to what.

Make sure your finances are in proper order

Finances can be entangled when you are married. In case you have got a joint mortgage, lease, and a joint account in the bank and shared assets like investments, there should be a proper plan on what to do in the beginning of your legal separation. To begin with you should have your individual bank account. Make sure that your monthly salary check gets deposited in your personal saving account. It is important to check that you do not end up paying obnoxiously high shared bills. Your finances should be put in order prior to separating.

Think about where you will stay

Several couples experience that living together under the same roof while legally separated is not practical at all. After all, the main aim of a legal separation is to stay apart from your spouse for some time and see how your relationship works out at the end of the separation period. It is tough to accomplish this aim if both of you stay in the same house during your separation. Hence, it is important to think about where you will stay during the separation period.

To learn more 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 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.

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Divorces can be physically and emotionally draining. If a divorce has dragged on for a while and there is a lot of negativity between the former spouses, it can be very difficult to get your life back together once the dust settles.

When a marriage and the divorce proceedings have all ended there is suddenly a void in a person’s life and it is important to fill this void to move forward. Here are a few ways in which you can constructively fill the void to help you move past the divorce:

  1. Give yourself a break: You life has just changed forever and you might be feeling a bit lost. What you need to do is take some time off for yourself and understand what you have gone through and where you are now. If you are blaming yourself for everything now is the time to stop and be kinder to yourself. Feel and understand all your emotions, work on what is bothering you the most and then make a decision that you can survive and will get on with life.
  1. Get a support system: You don’t have to do this alone. Spend time with family and friends who can give you emotional support. There are going to be days when it all hits you at once and you might need to have a good cry, that’s completely okay. When you have someone beside you in the hard times it makes it easier to bear.
  1. Fill the void: The empty feeling that comes when left without someone whom you have been with for years can be hard to deal with. Whether the relationship was good or bad it took up a space in your life which is now left open. Fill the void with hobbies and doing all the things you love or wanted to try. Learn a new skill, travel, even start dating again when you feel ready, and before you know it you would have built a new life that is whole.
  1. Moving on: No one deserves to be alone and just because you have had one failed relationship doesn’t mean that you can’t make another work. While you and your former spouse might have been incompatible you could meet someone who is a perfect fit for you. Give yourself the chance to fall in love again and have a new relationship.

Ending a marriage is heartbreaking and can be difficult to cope with at first. You need to take the time to grieve your loss but then you need to actively do things that help you to move forward.

To learn more 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 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.

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Many couples who are on the verge of getting divorced feel extremely emotional and cannot think rationally while the process is underway. Often, the decision of taking a divorce roots from negative emotions, which can trigger a person to take a leap towards the divorce process.

Similar to other high-impact decisions in one’s life, it makes sense to take some time, know what will be your financial position in the future and where do you stand now, and align yourself with a good divorce lawyer who can help you by protecting your legal rights, prior to and after filing for the divorce.  The following 3 steps are some of the things you should do before going ahead and filing for divorce.

Seek the help of a reputable divorce attorney

You should interview a minimum of three divorce lawyers before hiring one. Opt for an attorney who has an experience between five to ten years and has been practicing divorce and family law. However, your divorce becomes a cakewalk and less costly when you and the other party can settle all matters without litigation. However, when that is not possible, you need to ensure that a capable attorney is hired who will be prepared to litigate your divorce case in the court before a judge.

Collect evidence of income

There will be a requirement of relevant documentation to show your income as well as your spouse’s income. In case both of you are salaried employees, there may be also a requirement to produce your recent pay slips’ copies along with your latest Income Tax Return.

Ascertaining income could be a tough task when your partner is self-employed.  In scenarios like that, copies of financial statements and statements of bank accounts can have proper clarity on your spouse’s income. Make sure that you have copies of all these statements prior to filing for your divorce. However, it will be difficult to know the actual and exact amount earned by your estranged spouse when he or she is self-employed, though you can get a fair idea with the suggestions given above. Collect whatever information you are able to. Later on, your attorney may help you in getting the remaining information through the process of discovery.

You need to have a fair idea of your financial position

One of the major goals of any divorce process is to ensure an equitable division of your marital debts and assets. So, you should have a clear idea of where you and your estranged spouse fare financially. If you want to receive your just share while negotiations for your divorce settlement is going on, it is essential to know what is owed and what is owned.

To learn more 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 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.

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