Archive for November, 2009

You Can Never Be Too Prepared

Friday, November 27th, 2009

There are many financial and emotional benefits of working out your divorce amicably. Sometimes it is impossible to resolve things without court intervention, despite your best intentions. If the breakdown in the negotiation process is a result of your spouse’s refusal to cooperate, and if you have tried everything you can think of to make the situation more amiable to no avail, then you need to shift into a protective mode. In the event your case proceeds to trial, you will need as much information as you can get. If you are able to resolve your case before you get to trial, it will be because you were prepared. Divorce never feels fair, but you need to optimize your chances of a fair result, irrespective of the path which brought you to this end on your journey.

 

Putting the Evidence Together

 

No matter how amicable your divorce, it’s still important to assemble financial documents as soon, and as thoroughly, as possible. The pre-trial waiting period is a final chance to collect the information you will require to complete your divorce. Although it’s tempting to procrastinate, in order to maximize your chances of settling your case,  you’ll need to have all of the necessary information assembled. Once you know what information you can assemble on your own, you and your lawyer will have a better idea of what documents you’ll need to get from other sources. In the event that your divorce turns adversarial, you’ll also be able to start thinking about evidence which comes from information that you can’t find in documents, such as testimony, photographs, and physical evidence.

 

Some of the necessary information may need to come from your spouse. His or her year-to-date earnings, pension statements, or individual bank accounts are some examples of documents that your spouse will have to provide, since you won’t typically have access to them.

 

The simplest way for you and your lawyer to get these documents is to make a list of what you need and to ask for them. If you and your spouse (and any attorneys involved) are cooperative, the information exchange occurs smoothly and quickly. This is the simplest, cheapest way to accomplish necessary financial disclosures. When you cannot obtain the information that you need, you will need to utilize legal procedures known as “discovery”. For articles, plans and checklists, see http://www.peace-talks.com/divorceinformation.php. Some terrific books are listed at http://www.peace-talks.com/books.php.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Personal Assessment: Are You Ready to Negotiate?

Tuesday, November 24th, 2009

As you move into your divorce negotiations, consider the following personal assessment.

 

  1. Have I set realistic, sensible goals?  Have I accounted for our income, assets and debts and thought about which division best suits my needs?  Have I ranked each asset in terms of its importance to me?  If I keep my own priorities in mind, it will be easier avoid becoming trapped in arguments and self-pity when negotiations become difficult.
  2. Have I tried to consider what is a fair resolution of this divorce from my spouse’s perspective?  If what I expect from the divorce and what I’m prepared to offer to my spouse are out of balance, then I cannot expect my spouse to work with me to achieve a peaceful settlement. If I can understand my spouse’s motivations as well as my own, we can work together for resolution?
  3. Have I considered the emotional and financial costs to me if we cannot settle our case?  If I cannot have everything that I want from the settlement, is what is being offered sufficient for my needs?  If I am able to weigh all of the costs and benefits of accepting or rejecting a settlement which represents a compromise of my goals, I will make the best decision under the circumstances.
  4. Have I learned to negotiate fairly?  Am I prepared to give up things which mean more to my spouse than to me without expecting anything in return?  If I am committed to negotiating in good faith and am willing to compromise on less important points, I will foster an atmosphere in which we have the best chance of reaching an agreement.
  5. Have I conducted my new life with decorum and sensitivity? Have I let my anxiety propel me into behaving thoughtlessly or impetuously? I have much to think about during this time, and much planning to do. I must not be derailed by my emotional needs, not just yet.

 

If you need more information, be sure to visit the Peace Talks resource center at http://www.peace-talks.com/resources.php. For general divorce information, see http://www.peace-talks.com/divorceinformation.php.

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Handling Money at the End of Your Marriage

Sunday, November 22nd, 2009

There are five financial issues that can take down a marriage – reduced circumstances, financial mistakes, caring for parents, caring for kids, and uncertainty – according to Ron Leiber, “Your Money” columnist of the New York Times.  These are truly issues that affect every marriage at some point, and I thought that they warranted a little more coverage.

Reduced Circumstances: Although some people may be disappointed over the reduction in lifestyle thanks to a layoff or change of interest rate, consider how dividing up a household doesn’t reduce costs.  Getting divorced will now mean that, however you and your spouse are dividing assets and responsibilities, you’re supporting two households on the same income that used to support one.  Even if you have a peaceful and inexpensive divorce, it definitely does not improve reduced resources.

It might be that problem is that you were unhappy and unfulfilled in the marriage, but you stayed because of the money.  Sometimes it’s easier to Spackle over problems with money than to address them.  You might be thinking “I want to leave this marriage” and then balked at the tumult of taking the kids out of private school, foregoing that trip to Hawaii each year, and downsizing your car.  If reduced circumstances have already stripped those things away, maybe you’ve just cleared the path to divorce.

In that case, more financial security created the problem by being a motivator for staying in an unhappy marriage, and losing those ties helped reveal the real issues.

Your Mistakes:  The mistake is really that you didn’t have the difficult conversations early. I can’t tell you the number of people who come in who have railed through their home equity line of credit because they didn’t have the heart to tell their spouse to stop shopping at Fred Segal.  But the discussion doesn’t revolve around the details.  It needs to be a dialogue that you are both engaged in.  “I want to share with you the home equity line of credit statement (or charge cards, etc).  I am concerned that we are over spending.  What do you think we should do?”  Have the conversation as a series of “I” statements (as opposed to “you should”) and a question to open up the discussion.

The other big fight we see is “We agreed you would go back to work after the kids went to school and then you never did.”

To turn the conversation around, the approach is similar to the discussion above:  “I am concerned that you’re not looking for a job when we agreed you’d go back to work when the kids were in school full time. What’s holding you back?”  If it’s that the spouse has changed his/her mind, then involve him or her in the budgeting process.  The loss of a second income will have an impact on the family.  How can each partner take responsibility for that?

Too many people just let it ride, and four years later end up in our office feeling like they’ve been let down by the spouse who didn’t go back to work or curb spending. They realized too late that the real problem was that both people weren’t involved in making an active decision.

Your Children:  While they may have started out as a surprise, their turning 18 and applying to college is not.  Have the conversations about college early and often.  And not just with your spouse, with the semi-adult children, too.  A drastic change in circumstances is something an 18 year old is able to understand.  But “we blew our wad on your siblings and didn’t plan for you” is sure to land him on a therapist’s couch.

Read more tips on dealing with finances in your relationship here: http://estestherapy.com/relationshiptips/2008/04/30/financial-stressors-keeping-your-relationship-strong-in-a-recession/, and to find out more about sharing college costs with your ex, go here: http://www.kiplinger.com/columns/drt/archive/2004/dt040826.html.

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What if My Lawyer Says to Get Tough?

Thursday, November 19th, 2009

You need to determine why your lawyer feels you should be handling your case in a way which feels wrong to you. Ask if he or she feels you are being too passive, willing to accept much less than a court would deem appropriate? Are you being bullied by an abusive spouse into accepting an inappropriate custody and visitation arrangement?  The lawyer should be able to outline for you the parameters of the likely outcomes for your case, and together you can match your goals to what the law deems fair. By the same token, after you’ve discussed the likely outcomes with your lawyer, if you decide for your own reasons to accept a low settlement, or to capitulate to a pushy spouse, then it’s your lawyer’s job to follow your wishes.

 

The most important thing to do for yourself during divorce is to maintain control over your case. You can do that by implementing the planning strategies in this book, and by determining your priorities. Your attorney works for you. He or she has expertise, but that is useful to the extent that it is applied toward making you feel more comfortable about the direction your divorce is taking and helping you to achieve the goals you’ve set for your case — not the other way around. Many clients seem afraid of their attorneys. Others are so afraid they will make a fatal error in negotiation, that they don’t dare re-direct a lawyer that seems to be heading them in a direction they did not wish to go.

If you have doubts about the direction of your divorce is taking, talk over your concerns with your lawyer immediately. If you are not satisfied with the conversation, or if you are afraid to have it, then you need to switch lawyers before more time goes by.

 

Bonnie wanted to participate in a free alternative dispute resolution program being offered to divorcing spouses with young children. Both Bonnie and her husband Paul expressed their interest, and we made plans to enroll them in the program. Bonnie called back to say her attorney advised her not to participate, playing on her fears that it would result in a settlement less beneficial to her than one he could negotiate. Bonnie could not explain why her attorney felt this way, she just kept whispering that she had to go along with her attorney. Eventually, her divorce became a prolonged legal battle that seemed to emanate from the lawyer’s agenda.

 

The more you know, the less likely you are to be intimidated by your lawyer. Read up on divorce on the Peace Talks website at http://www.peace-talks.com/divorceinformation.php. Or choose a good book, at http://www.peace-talks.com/books.php.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc


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Examples of Rebound Invovlement

Monday, November 16th, 2009

Below is an example of Ralph and Linda in rebound relationships. Take their story into consideration. The fact scenarios may be different from yours and still may give you something to consider.

Ralph and his wife had been married for eighteen years. Linda had kept a superbly clean house, had helped Ralph with the bookkeeping of his building business, and had kept both of them on the straight and narrow. Ralph had become disenchanted with Linda and had filed for divorce. Upon meeting a woman who was to him exiting, fun, more relaxed and flexible than his wife had ever been, Ralph began to date this woman during the time of the separation. Initially elated with this new relationship, he very quickly found that his new love had very little regard for money matters, seemed to be more interested in going out for dinner than having a meal at home, and housekeeping was the last thing on her mind. When it came time for the final divorce, Ralph began to withdraw from this relationship. He began to think more clearly about the qualities that he would like in a partner at this stage of his life. Shortly after the divorce he met another woman with whom he was more compatible, who seemed to have a better balance in her view of the necessities of keeping a home and business and a relationship working well. Taking this new relationship slower than his first post-divorce relationship, Ralph remarried twenty-two months after divorce.

 

Carol entered into a brief series of relationships during the course of the mandatory waiting period. In these relationships, she found herself reacting to the partner in ways that evoked dislike for herself. She complained that she would react to these new men in the way that she had reacted to her husband during the course of her marriage. Carol, so fearful of losing these relationships, would complain endlessly about how difficult her life was at this time:  looking after the kids alone, having to be solely responsible for the household, and the lack of being understood. When not complaining, Carol would endlessly try to please each of her new dates. She didn’t know how to ask directly for her needs to be met in these relationships. She tried to take on the interests and the hobbies of each boyfriend, regardless of whether or not she enjoyed these pursuits. The seesaw of complaining and compliance gave off the effect of Carol being an emotional child, causing Carol to doubt herself as to whether or not she would ever be able to have a relationship that was fulfilling and meaningful.

 

The bottom line: postpone serious involvement with someone new until you are certain that you are past both the legal and emotional divorce recovery time!

For a good video on rebound relationships, see http://www.expertvillage.com/video/151790_can-rebound-relationship-feel-like.htm. A good article is listed at  http://www.forbeginners.info/dating/rebound-relationships.htm.

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Conversations about Money: Akward vs. Attorney

Thursday, November 12th, 2009

This week there was an excellent column from the New York Times’ Your Money writer Ron Lieber outlining five issues that can create major financial distress for couples.  They are almost all inevitable and unavoidable – Reduced Circumstances, Mistakes, Parents, Children, and Uncertainty – yet Lieber explains, and I agree, they can seem so vague and distant a couple can easily avoid discussing them until reality hits.  As one expert in the piece says, “You can either disengage and get divorced, or reengage.”  Spouses can be disengaged until they end up in a contentious, expensive divorce.  Even if you are divorcing, you and your spouse are never too far gone to reengage and create a mutually beneficial financial solution.

But how does a couple who is finding these problems after years or decades supposed to reengage after the problem’s created, and fingers are being pointed?  Leiber offers a few remedies to specific examples of tough financial decisions for parents or kids who need support, but the specific solution is almost beside the point.  To prepare for the really tough times, or to prevent them from tearing you and your spouse further apart, you both need to know how to have awkward conversations.

First, identify why you feel like this will be a difficult conversation – your own shame, your spouse’s response?  Think about what your spouse’s response might be and if you can do anything to improve the situation, but be honest about what’s going on.  Sugarcoating conversation about how you maxed out your credit (“Remember that amazing place I took you for your birthday?”) or putting it off until she tries to use her card are only going to make the conversation harder.  As soon as you need to have the conversation, have it!  Lay it all out on the table, listen to your spouse’s response, and then be ready to problem solve.

As an example, let’s say that you have two kids who are twenty one and seventeen.  Your older daughter is attending a private school which you and your husband financed with a combination of cash, student loans, and a scholarship she earned.  Your younger son is applying for schools now, but scholarship money is much harder to come by and since you and your spouse have separated you don’t have the resources to help him out.  You believe your children should get equal support, your spouse believes that if your son can’t find enough scholarships or grants he will have to go to a less expensive school.

You could:
1. Wait until he is accepted to his first pick and submits his paperwork.  When the bill for the deposit comes, have a huge blow up over how it will be paid for, causing your son to feel to blame for your conflict.

2. Set up a time to talk to your spouse about this before your son begins to apply for schools.  Start with, “I’m afraid we might not be able to help with Steve’s tuition the way we did with Angie’s.  I understand that you feel he needs to find the rest of his tuition money himself, and I want to help him more.  Given the situation we’re in now, can we discuss what kind of contributions we both think we can make?”

Starting an awkward conversation can dramatically reduce your anxiety and start a pattern of having direct, productive communication.  Again, it’s never too late to start.  Read the previous Your Money column about how to talk about money before marriage here, http://www.nytimes.com/2009/10/24/your-money/24money.html, before you enter into your next relationship.  You can also learn more about how to handle your personal finances before a divorce here: http://www.divorce360.com/divorce-articles/finance/general/divorce-planning-5-financial-tips.aspx?artid=782.

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Beware the Rebound Relationship

Wednesday, November 11th, 2009

This is a time when you should be preparing for the successful end of your divorce and adjustment to your life afterwards. Your focus at this time should be on adjusting to this new status, and helping your children with the multiple transitions inherent in divorce. This is your time to recover from emotional hurt and pain that you have sustained to this point. It may be a time when you need to experience some depression, and to grieve. It is a time when you need to focus on your future, to begin to think about how you are going to be financially responsible. These adaptations take energy. It is energy best put into concluding your divorce rather than establishing your new life, which will be waiting for you when you are finished.

 

After years of lacking love and consideration from your partner, the experience of rejection, neglect and abandonment that you may have felt in your relationship can lead you into a “rebound” relationship. You are at highest risk of choosing someone like your spouse in ways that have not been good for you. Often people who date at this period of time enter into a dating relationship with the emotional mind set of the time when they were first dating and courting their spouse. People report feeling giddy and excited as they had been prior to the marriage. Remember that you are years older now, and your requirements in a relationship are very different.

 

Give yourself time to know who is emerging from the ended marriage. You have a better chance then of entering into a happy and healthy relationship that can develop into a deeper and more mature one over time. Transitional relationships have very shaky foundations, yet you are probably thrilled with the attention and interest that your new love will show to you. Enjoy a relationship that begins in friendship and shows care for what you need at this time. Then you wont let yourself get caught up in the excitement of the moment at the expense of your emotional well-being later on. Be patient; there will be plenty of  time to start new relationships after your divorce is final. For a good article about rebound relationships after divorce, see http://divorcesupport.about.com/od/romanceafterdivorce/p/reboundrelation.htm. More on rebound relationships is discussed at http://www.2knowmyself.com/What_is_a_rebound_relationship/rebound_relationships_advice_feelings

 

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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New Relationships During Divorce

Monday, November 9th, 2009

Socializing with persons of the opposite sex can do wonders to improve your self-image. Do not stay out overnight, especially if you have children. If you have children, make sure that they have a proper baby-sitter, and that you do not go out too often. If you have someone stay over, do so when the children are out of the house. Regardless of your values, it is best to refrain from sexual relations until the divorce is completed. Remember that you are under your spouse’s and the court’s microscope regarding parenting arrangements, and your spouse could at any time initiate a custody proceeding if he or she perceives that you are enjoying yourself too much, and spending too little time with the children.

 

As rules of thumb, if you are considering entering a new relationship while in the midst of a divorce, here are some factors that will influence the importance that relationship may play in the divorce:

 

How long have you been separated? How long have you known the person you are now dating? Is your spouse involved with someone too; is he or she likely to give you a harder time as a result of the new relationship? Do you have children and what ages are they? Children who are about five or six years of age and those entering adolescence are particularly vulnerable to feeling competitive with the new partner. In all instances, proceed cautiously and with discretion.

 

From an emotional perspective, dating seriously while you are in the throes of a legal divorce is a complex business. There are several reasons why you must be vigilant about your new relationships during this time. First, this is a time of high tension and emotional vulnerability. You and your spouse are undergoing a time of stress and anxiety wherein emotions are irrational, and sometimes simply crazy. Partners are given to jealousy that sometimes blows into full rages. Even if your partner is dating, he or she is still likely to be emotionally connected to you. Your partner can begin to make the legal process lengthy, difficult, or may wish to try to control you in some other form via the interim financial arrangements. For some additional considerations, see  http://ezinearticles.com/?Dating-After-Divorce:-Things-To-Think-About-Regarding-Dating-After-Divorce&id=32847. Other good tips are included at http://www.breakupadviceonline.com/dating_divorce.html.

 

 

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Avoid Holiday Hysteria

Friday, November 6th, 2009

It’s early November, and the stress of the holiday season may already be creeping in. Shopping for gifts and big meals, planning events, coordinating with family members and friends who are coming to visit…it’s an exciting, overwhelming time for everyone. But if you you’re separated, divorcing, or divorced, the next two months might feel like they’re completely out of control.

Fortunately, there are a few tools and strategies that you can start using now to preempt your own feelings of holiday hysteria and help create a peaceful season for your family.

In my upcoming book, Making Divorce Work, my co-author and I center several exercises around how to articulate your goals, which will help you stick to them. You should create goals for your entire divorce process and its outcome, and for moments when you’ll need some extra guidance to hold onto. Before things get crazy, take a few quiet minutes to write down what you want out of your holiday season. By taking the time now to articulate your big-picture goals for your divorce and its outcome, you will give yourself the power to stay focused on what you need, let go of what you don’t by defining how you’ll achieve your goals through manageable steps. When you feel like you’re going to lose it, you will be able to look to your goals for support in making decisions that will keep you on track towards.

For example:

“My family and children will enjoy the holidays and the fact that we’re getting divorced will not interfere with that”

“I will not fight with my relatives at the holiday table even if they try to start an argument”

“Years from now, I will be proud that I took the high road during conflicts and my behavior was a model to my children.”

Keep in mind that this isn’t a one-time exercise. Use goal-setting in situations where you feel you’re losing sight of what’s important by being overwhelmed by what’s urgent. Some of our mediation clients have kept their lists folded in their wallets or even on the fridge to help them keep focused on what they really want. As the holidays roll closer, take a deeper look at your goals and core strategies. Think about how you can use these points of focus to stay on course and avoid the drama that takes you away from achieving peace and satisfaction. In the coming weeks, I’ll be going over more specific strategies for resolving conflict and staying sane.

For more thoughts on how goal setting can help you navigate tough situations, see http://www.divorcerecovery101.com/just_divorced.html, http://www.divorcemag.com/articles/Collaborative_Law/prioritizing-goals-interests.html, and Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com

(C) 2008 Peace Talks Mediation Services, Inc.

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Dating Someone New

Thursday, November 5th, 2009

In this era of no-fault divorce, judges rarely focus on transgressions such as dating. Unfortunately, sexism still reigns supreme in some courtrooms, and standards are tougher in this regard for women. Mothers are expected to put their children’s needs above their own. Dating someone else seriously, especially when a sexual relationship is involved, is still viewed as a distraction from mothers’ primary responsibility to their children. Fathers may not be viewed as negatively for dating someone else, but if you are a father who is in arrears for child support and seeing someone else, beware of the message you are sending to the judge. The new relationship may not be viewed as a distinct issue from the divorce.

 

Having sex with other people during divorce is often raised by spouses as an example of why the other parent is not fit to be a sole custodian, have liberal access, or spend overnights with the children. Unmarried sex is still viewed as controversial in many relationships and is reflected so in the legal system. The amount of emphasis placed on sexual relations differs across the country based on the values and mores of the area, the court, and the particular judge. Having sex when minor children are present in the home is still viewed in many districts as constituting an unwholesome living environment.

 

But it is not the judge who is going to give you the hardest time about dating in most cases. It is your spouse. No matter how your spouse has behaved previously, dating during the divorce process can be a hazardous venture. Many spouses are amazed at the jealousy their partner exhibits as soon as he or she finds out they are dating. This is a common phenomenon even among partners who initiated the divorce and are involved with a new person themselves. A double standard emerges in which your spouse explains her behavior based on what’s her due because of past hurts. You, on the other hand, should stay home, and lament her new relationship. Once you begin to enjoy a new relationship, your spouse may resent it, and begin to give you a very difficult time in the divorce. For two great articles on dating during divorce, see  http://www.gagelaw.com/DatingDuringDivorce.shtml and also http://www.divorcepeers.com/dating-during-divorce.htm.

 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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