Courtroom attire

What to wear (and what NOT to wear) to Court

Mario Zappia May 9, 2019 Courtroom attire Courtroom conduct

Court is not an every day occasion for most people. The lack of familiarity with this setting brings the common question, “What should I wear?”. As a rule of thumb, we always tell clients to dress like they were going to church or to an office job interview. Though it may seem harmless, a person who works in hard labor, for example, may be inclined to go straight from work to their hearing. After all, their time is valuable and missing work is not a luxury everyone can afford. However, appearing before the judge with an unpolished appearance can be construed as disrespectful. Making sure you appear neat and put together is the best policy.

The St. Joseph County Local Rules, a handbook of code and conduct adopted by the St. Joseph County Court system, specifically touches upon the dress code of both attorneys and clients. The Local Rules directly prohibit the following items that the Court has deemed inappropriate inside the Courtroom:

Hats or caps
Outerwear, including overcoats and jackets.
Clothing which exposes the midriff
Shorts
Tank tops and any other sleeveless shirts
Flip-flops

Beyond those direct prohibitions, maintaining a clean, conservative and considerate appearance is key. Make sure your nails are clean and your hair is neat and combed. Pants should be clean, wrinkle-free and hole-free, with an appropriate belt. Avoid jeans and large belt buckles. Shirts should be clean and pressed. Avoid anything flashy, revealing, or offensive. Dresses and skirts should be modest and tasteful.

In doing some research online on appropriate Court attire, you’re likely to come across articles that suggest wearing certain colors psychologically invoke certain moods. However, just because purple is known as a “power color”, that does not mean showing up to Court in a bright purple suit is a wise idea. When in doubt, don’t overthink it and stick with the classics.

Mario J. Zappia – Certified Family Law Specialist

Mario Zappia January 21, 2018 Courtroom attire family law

Mario J. Zappia is a Certified Family Law Specialist, as Certified by the Family Law Certification Board. With fewer than 100 Family Law Specialists in the state of Indiana, this designation identifies Mario as an attorney with expertise. A Certified Family Law Specialist must have a legal practice with substantial involvement in family law cases, some of which include divorce, legal separation, adoption, custody, child support, Child in Need of Services, (CHINS), and grandparents rights. An example of ‘substantial involvement’ would be a practice consisting of more than 50% Family Law Cases. They must also provide references of five lawyers , as well as meeting good character requirements

Not only are there practice requirements, there are also education requirements to be a Certified Family Law Specialist. Attorneys must participate in a minimum of thirty-six hours of continuing legal education within three years of application. This means that a Certified Family Law Specialist goes above and beyond their Indiana State Bar requirements.

A Certified Family Law Specialist must also pass a rigorous written exam in order for consideration for certification. The written exam covers family law, as well as professional responsibility, ethics, and differences between Indiana law and general law.

Once all of the pre-requisites have been completed, the Family Law Certification Board makes the decision to approve the candidate.

Maintaining status as a Certified Family Law Specialist also requires re-certifying. The re-certification process requires an application process similar to the initial certification process.

When looking for a divorce lawyer, an attorney to act as mediator, legal representation in a custody or child support modification, looking for someone with the Certified Family Law Specialist credential will ensure the highest level of expertise in family law. Mario J. Zappia’s Certification as a Family Law Specialist displays his skill, his work ethic, his reputation, and his commitment to practicing family law.

Get to Know Mario J. Zappia

Mario Zappia December 27, 2017 Courtroom attire

You may know Attorney Mario J. Zappia in a professional capacity from working with him, or from his online presence here, but what else do you know about Mario?

Mario is a Northwestern University alum. Playing for the Northwestern Wildcats during his tenure ( #65!), Mario continues to show his school spirit at games with family and friends.

Mario and John Golf

Mario’s love of sports doesn’t end on the football field. On a hot day, you might find him on the golf course with a cold beer…

or on the water, catching fish. Mario J. Zappia South Bend attorney

On a cold day, you might find him on theslopes!

During the week, Mario makes sure to make it to the gym as often as he can. When his youngest, Anna, is on break from DePaul University, she often accompanies Mario at his weekly GRIT classes.

As you might expect, family is very important to Mario. He is the father of three beautiful children, Mario Jr., John, and Anna.

Mario has two dogs, Roxy and Tucker, who sometimes visit the Mario J. Zappia Law Office.

Mario and his brother, Tony Zappia, make their way down to visit their father in Florida as often as possible.

Mario has a love for cooking. He has even been known to bring his famous lasagna into the office for staff on occasion!

In addition to sports, family, and cooking, Mario has a love for music. Especially blues music!

Whether there is music going in his office between court or he is out supporting local musicians, Mario is rarely surrounded by silence.

Knowing all about Mario’s deep love for family and his support in the local community provides a lot of insight on who he is! His commitment to children and families not only brings clients into his office, but consistent respect from fellow colleges and the community.

–

Meet the Team – Jessica Ribaudo, Paralegal

Mario Zappia November 9, 2017 Courtroom attire autism, lawyer, mediation, paralegal

If you have ever called or visited the Mario J. Zappia Law Office, you have probably met my paralegals. For those that have not, meet Jessica.

Jessica has been working as one of my two paralegals for the last year. As a paralegal, she acts as a legal administrative assistant to me, providing legal research, scheduling appointments, drafting documents, maintaining client files and taking calls. Jessica also takes care of billing and collections, as well maintaining our social media presence and blog here on Zappialaw.com.

Attorney Mario J. Zappia and Paralegal Jessica Ribaudo

Photo Credit: Photography by Emily Violet

Jessica is the mother of two children, Serafina age 12, and Vincenzo, age 1. You may have seen one or both of them around the office. Serafina is on the autism spectrum and has given Jessica the drive to understand and help people and their families who live with autism and varying other abilities. Having spent considerable time at South Bend’s Sonya Ansari Center for Autism when Serafina attended their adolescent program, Jessica was pleased to connect with the staff and other families. She found the common goal for staff and families alike was to enrich the lives of autistic adolescents, and to celebrate their differences. Jessica continues to bring that outlook on disability to work with her every day when working with families touched by autism and other neuro-atypical abilities.

Photo Credit : Photography by Hanah Tepe

Jessica maintains a presence in the civic and social activism community of South Bend, Indiana. If there is a community event on women’s rights, the rights of the disabled, the rights of people of color, and the rights of the LGBTQ community, you will likely see Jessica there.When she is not busy as a wife, mom, and paralegal, Jessica enjoys visiting local brewpubs with her husband, Pete, playing Old Time Appalachian music on her fiddle, hitting the weight room and catching up on Netflix!

Is My Divorce Going to Destroy My Children?

Mario Zappia October 23, 2017 Courtroom attire children, divorce

Is My Divorce Going to Destroy My Children?

When considering the idea of pursuing a divorce, certainly the question of how it will affect the children arises. Is the divorce going to destroy the children? In a word, no. But, that is not to say that divorce does not provide an impact to children at any age.

One perspective is that parents of infants or young toddlers may have an advantage over older children because the children are too young to understand a change is happening. In reality, babies require a different set of considerations when it comes to divorce. For instance, more frequent, short visits are better for parenting time with an infant or young toddler. Overnight visits may be more of a hindrance than beneficial. Not to mention, as soon as object permanence has developed, babies notice when mom or dad is not around. And while they may notice something has changed, they lack the ability to verbalize that it’s bothering them.

For parents of school aged children, divorce can have a negative impact on behavior at both home and school. School is frequently the environment where children display the distress that comes with divorce. These children typically have a sense that they have no control in the situation that their family is going through. They often display this lack of control by acting out in aggression, regression, withdraw, and defiance. In addition, these kids have the mental wherewithal to understand that one or both of their parents have made the choice to no longer live together as a family. That can leave kids with fears of abandonment and self blame.

What can you do? As with most scenarios, the best way to soften the blow of divorce at any age is to be sensitive to your child and their needs. They need security, they need continuity, they need routine, and they need their parents to be kind to each other in their presence.

How can I get custody of my children?

Mario Zappia October 2, 2017 Courtroom attire

At the Mario J. Zappia Law Office, during consultations for divorce and paternity matters, we are asked “How can I get custody of my children?”

Whether the question is legal custody or physical custody, the State of Indiana takes several factors into account. The State of Indiana states that custody is determined by what is in the best interests of the child. While there is a preconceived notion that the State of Indiana favors the mother when it comes to custody, that is not accurate. Most often, the best interests of the child are to have consistent loving relationships with both parents.

So, aside from general involvement from both parents, how does Indiana decide what is in the best interest of the child? Each party’s attorney presents their case and the judge considers the information based on the parameters Indiana has set forth.

The State of Indiana considers everything from siblings, age and sex of the child, where the child goes to school, and the mental health of both parents.

The State of Indiana also takes into consideration the people and family members the child will come in contact with in each of their parent’s residences. For instance, if one party is parading new partners into the home during scheduled parenting time, the Court is likely to take a dim view on the stability of that home.

In some instances, in a divorce or custody matter, the judge may decide that the children involved need their own advocate, aside from their parent’s attorneys. This advocate, called a Guardian Ad Litem, collects information from all parties, including the child, and compiles a report. This report then contains the Guardian Ad Litem’s recommendations to the Court in regard to what is believed to be the child(ren)’s best interest.

Whether you’re embarking on a divorce or a custody matter, getting trusted legal advice is of the utmost importance. Contact the Mario J. Zappia Law Office at (574)277-8720 for your completely confidential consultation.

When should I write a will?

Mario Zappia September 12, 2017 Courtroom attire

“When should I write a will?” is a question we hear at Mario J. Zappia, Attorney at Law frequently. There is a common misconception that writing a will is something that is done when embarking on retirement age. This is not the case. With many of the following major milestones, contacting an attorney to either draft or revise your will is a wise decision.

Marriage/Divorce – With either marriage or divorce, most people change the listed beneficiary in their wills. While some people are under the impression that a divorce will automatically negate an ex spouse written in a will, that is simply not the case. Revising your will to reflect your spouse, or lack thereof, is a measure taken to ensure your assets are going where you believe they should.
Having Children – Updating your will with the birth of your children is important not only for the purposes of delegating who gets your assets, but also for the purpose of naming a guardian for underage minor children.
Re-Marriage/Divorce – Though marriage and divorce has already been listed, it is important to note that subsequent marriages present their own special set of circumstances. Particularly, when it comes to blended families, naming guardians and asset allocation in a will can prevent potentially costly legal hassles. Updating a will to reflect both your current spouse and children resulting from this marriage and previous marriages will provide the clarity that is usually sought when drafting a will in the first place.
Illness/Accident – While no one necessarily wants to dwell on their mortality, death is an inevitable part of life. A brush with death in any form tends to cause us to evaluate our wishes and the needs of those we will be leaving behind. Writing a will can alleviate some of the anxiety that comes with thoughts of our own mortality in that it allows you to provide for your loved ones.
Accretion of assets – whenever your assets increase, by way of real estate, business, property, or even just cash, it’s important to revise your will to reflect your worth.

Call South Bend Attorney, Mario J. Zappia at (574)277-8720 to draft a will to meet your needs.

Estate Planning

Mario Zappia June 29, 2017 Courtroom attire, custody, estate planning custody, estate planning

Anyone who has ever lost a loved one knows that laying someone to rest can often be a complicated process. On top of grief that naturally goes along with losing someone, there are plans to make, belongings to sort through, and details to finalize, not least of which are financial. The process is that much more arduous when the deceased did not plan their estate.

Estate planning is not just for the wealthy, who have large sums of money waiting for their families. Contrary to popular belief, nearly everyone has an estate. An estate is comprised of everything you own when you die, from personal belongings to real estate, to bank accounts. When the wishes of the deceased are not spelled out in black and white in a will, things can get divided up in the standard way as defined by law – which is often not what is necessarily desired.

If the deceased had minor children in their custody, having a will is imperative to secure their placement with the desired guardians. It is easy to assume grandparents or some other relative might step up to the plate in a position of loss, but that is not always the case. The Court may step in and make the decision to place the minor child with a family member that it sees as most fit.

In terms of financial accounts, jointly held accounts are more cut and dry. When one party dies, the other party becomes the sole owner. But what about accounts held in one party’s name alone? Depending on the state of residence and the laws therein, one party may only get half and the other half goes to the children. While this might seem like a reasonable division, the other half could go to the children even if they are minors, with the funds held in trust until they reach adulthood. This may or may not be ideal.

Some of these situations might not be worst case scenario, but the common theme within them is the fact that important decisions are being made without consulting the deceased.

In life, we are vigilant about caring for our loved ones, making sure our children are provided for. We may research schools for our children, looking for the absolute best education possible for them to have a good start in life. We may plan our meals to be healthy, low in cholesterol, avoiding trans fats, because we want our partner to be well taken care of and living their best life. Why do we stop short there? Estate planning is a way of making sure the ones closest to us are well taken care of, even in our absence.

Father’s Day

Mario Zappia June 18, 2017 Courtroom attire children, divorce, father

Father’s Day is a day meant for celebration. A depiction might include Mom, Dad, the kids, maybe grandparents. Dad is manning the grill, beaming with pride over his newly acquired “World’s Best Dad” t-shirt. The family gathers over their meal, lavishing cards and hugs upon Dad. It’s idyllic.

But it’s not always reality.

Divorce, custody, death, distance, even jail. Whether you’re the Father separated from his children, or you’re away from your own Father on Father’s Day, the absence can be emotionally heavy.

If you are without your children on Father’s Day:

Whatever the reason, absence does not erase your part in creating your perfect little humans. Nor does that fact make the distance between you easier. The best thing you can do when you’re aching to embrace your children, is to take care of yourself. We have all heard the spiel from flight attendants before a flight, reminding us to be sure to fasten our own oxygen masks before attempting to help anyone else with theirs. There will come a time when you are reunited with your children, and you will want to be at your best for them.

Spend your day waking up late, reading a book, taking a long shower, hit the gym, get a massage. Take care of yourself.

If you are without your Father on Father’s Day:

If you have your own children, that can certainly dull the sting of being without your Father on Father’s Day. Even still, it can be hard not to feel a sense of loss. If possible, give Dad a call. Though a phone call can’t make up for a lack of in-person affection, the gesture helps. Dad knows you’re thinking about him.

What about those who never had a Father:

Its natural to still feel a loss from a lack of relationship, but this is another instance where self-care is imperative. Their lack of involvement does not reflect your worth. And if you have your own children now, it certainly does not affect your ability as a Father. Happy Father’s day to you.

Backburner relationships

Mario Zappia June 11, 2017 Courtroom attire divorce, infidelity, marriage, relationships

With technology being a facet of our global culture, and the majority of the US population having a social media account, it’s easier than ever to maintain relationships online.

It could be the Aunt who lives across the country who posts little birthday messages to your Facebook page. It could be the former coworker you occasionally chat with via text. Or it could be a backburner relationship.

Backburner relationships can start off as simply as finding an old flame online and catching up. But what might begin as casually reminiscing can quickly change course, in terms of intent. If you valued them as a friend, wouldn’t you have already maintained contact? Or is the purpose a potential re-ignition?

A wedding ring sits on a laptop keyboard

Backburner relationships can also start with complete strangers. Someone ‘likes’ your new profile picture. You like theirs back. And suddenly, a private online conversation is in full swing. With your dialog, the two of you learn that you have a lot in common and obviously find each other attractive. But why feel out the potential connection with someone else if you’re in a relationship?

Whether intentionally or subconsciously, many are seeking outside connections as a form of relationship insurance. Backburners.

As humans, there is evidence showing it is natural for us to be ‘aware’ of our relationship options. It’s what we do with that information that counts.

The glaring problem with setting up a back up relationship is that it is creating an emotional relationship with someone new. Emotional infidelity is just as damaging as physically cheating. It’s building a wedge between you and your partner for a “maybe”. It’s setting your chosen relationship up for failure.

1 2