Orange County, CA (Law Firm Newswire) February 2, 2012 – If all of 2011 was spent hating being married and the first month of 2012 has proved no better, it is time to get divorced. Do not let a bad situation get worse and be afraid to serve divorce papers on a spouse if the marriage is truly not going to work out.
“Make 2012 about being in charge of your life and happiness and see to it that the kids are in a better home environment than the fake reality you might be trying to prop up every day,” said Orange County divorce lawyer Gerald Maggio.
The spouse that files the divorce papers first gets to set the tone of the proceedings, is more in control, and can request temporary orders for custody and who gets to live in the marital home while the divorce gets under way. The initiating spouse also presents their case first at court and thus establishes how the marital issues are shown to the judge.
“Do you want to be in the driver’s seat and let your soon-to-be-ex know that you are serious?” asked Maggio. “Filing first gives you leverage to ensure that you get to request what assets, child custody issues, and division of debts are your fair and equitable share from the marriage.”
Filing first allows a spouse time to protect their assets that an ex could ruin, modify beneficiary designations, and prepare the kids better. Many people might think it is not their place to be so bold to request a divorce or that they will be left alone and shunned by all their mutual friends.
“But this could not be further from the truth,” said Maggio. “There are many people that have been in your shoes. Find a single parents’ group, face your fears, and think about what things brought you happiness before you were ever married. Taking the time to rediscover yourself and a happier relationship with the kids will make you a better parent and more open to new opportunities.”
Enlisting a skilled divorce attorney can also help make sure the process is not as overwhelming or vulnerable to costly mistakes. The divorce attorney can make sure all hearings, negotiations, agreements, and binding decisions are in order and followed.
The Maggio Law Firm
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
Call: (949) 553-0304
3750 University Avenue, Suite 670
Riverside, CA 92501
Call: (949) 553-0304