Posts filed under 'divorce'

The Smart Divorce Workshops


New workshops have been added:

Limited space is available in The Smart Divorce® Workshops. These workshops are appropriate for individuals contemplating or already experiencing a divorce. Strategies for reducing financial costs and personal turmoil will be presented. Participants will learn what to expect legally and emotionally, and so be able to move through the process with confidence and focus while saving time and money. A subsequent session will address parenting issues, how to work with parenting experts more effectively, and available resources. Feedback from therapists and lawyers has indicated that The Smart Divorce Workshops have helped to prepare individuals for the process and make them better clients; while saving them time money – and their sanity.

Program details:

The Smart Divorce: Learning the Basics –

September 16, 2008

The Smart Divorce: Parenting Through Divorce –

September 23, 2008

Time: 7:30 – 9 pm

Location: 12 Lawton Boulevard, Toronto

(Yonge and St. Clair)

For more details, click on the pdf file below:

the-smart-divorce-workshop-invitation-sep08-pdf

If you feel that you could benefit from these workshops or for more information please contact Deborah Moskovitch at 905 695 0270 or by email at info@thesmartdivorce.com.


Add comment July 10, 2008

All alone on a Saturday night?

Feeling like the fifth wheel?

Many people at the beginning of their separation or divorce often feel abandoned or sidelined by their married friends. I tend to think of it as the fifth wheel bug. Don’t worry, it’s not something you catch but, the discomfort is there. The dynamics of socializing often change upon separation and divorce. While the situation of being the odd person out in a Noah’s Ark society – a couple’s world, is not uncommon, it can be unnerving. Suddenly single, it’s at this time in your life when you need the love and support of your friends like never before. It’s not that you are not welcome as a friend, it’s that you are no longer part of a couple.

I not only hear about this situation frequently from my clients and friends, but experienced this first hand when I first separated. Now, not every couple excludes the single person, but there are many who do. I’ve learned that this situation occurs mostly because of discomfort. It is easier to fit four or six around a table then three or five. Balanced, even. What you need to understand is that this not about you, it’s about the way your friends feel about your situation. It’s not that your friends are afraid of you fraternizing with their husband or wife, it’s that they are used to socializing with you as a couple or they feel uncomfortable being confronted with divorce.

We all know how emotional divorce can be. And, because of your turmoil and grieving it can also take over how you express yourself in a social setting. So imagine then, a couple(s) going out for dinner on a Saturday night, wanting to keep the evening conversation light and easy. While I’m sure many of your friends are extremely supportive, the last thing this couple wants to hear after a long week of work and their own stress is your anger, bitterness or sadness.

So, what do you do about this to build your confidence and life and deal with this situation?

  • Make new single friends –ask your friends if they know of someone single to introduce you to, not for a romantic relationship but friendship.
  • Go to a therapist – venting about this situation to friends will only alienate you from your friends.
  • Build your support network – support groups, clergy, friends, therapist, and so on.
  • Go to lectures or programs which are of interest. You can find many things to enjoy advertised in the paper or at your synagogue or church.
  • Start doing things outside of your comfort level for entertainment; enjoy a movie on your own, go to the bookstore, enjoy an exhibit at a museum or art gallery. This can make you a more interesting person with experiences to share and have fun in the process.
  • Recognize that this is going to happen. Don’t take it personally.

Add comment July 7, 2008

Making it Through Your Divorce

Take charge and you’ll feel better…..

I noticed in the early days of divorce, that if you behave passively, like a leaf that is simply tossed this way and that by the wind, you are taking away your own freedom to move forward with your life. A smart divorce requires you to do some work, not be passive. Once you truly accept this, you will have set your feet firmly on a path that can enrich you rather than diminish you.

Give your self the opportunity to explore and

consciously make choices about the

life you want to lead.

Here are the top 5 things you need to think about so that you can achieve control and avoid the pitfalls which can undermine you after divorce.

  1. Envision what you would like life to look like when you are ready to start moving on, and think about what you need to do to get there.
  2. Will you have to move? If you do, think positive, perhaps this will give you a fresh start and way to begin life postdivorce - creating your better life.
  3. Will you have to go back to work? If you have been out of the workforce for a while, consider retraining and look for opportunities which you are passionate about. What have you always wanted to do? Perhaps now is the time to break out and try something different. If you don’t need to work, consider volunteer work and/or pursuing some new interests and hobbies.
  4. Develop your support network of new friends, family, clergy, a therapist or support groups.
  5. Do what you can to have a positive outlook. By feeling good about yourself, you will be a better parent. Putting your children’s best interest first should be your first objective. Finding a way to manage your emotions privately, giving your children a sense of security and love will go a long way to help your children adjust though the divorce.

What happens when you can’t see beyond this stage of divorce and the possibility of ever finding happiness? You will be undermining yourself and unable to move forward. If you focus on the hurt you lose perspective; you lose a sense of the larger picture and how this new life can take shape. You need to develop a sense of purpose for yourself.

Don’t make the mistake of surrendering to your divorce by thinking, “It’s the end of life.” It may be the end of life as you know it, but the truth is you could actually develop a better life if you work at it!


Add comment July 3, 2008

Do I Keep or Sell the Matrimonial Home

Do I Keep or Sell the Matrimonial Home?

The question of what to do with the matrimonial home is frequently asked by clients in my consulting practice. What do they do, keep it or sell it?

The family home is an especially difficult consideration. For many, there are emotional ties, fond memories and the feelings of security. And the world around you assumes that in a divorce, the winner takes the home and the loser moves out. The truth is we all know that in divorce there should be no winner or loser because being smart about divorce means we try to avoid a war. But, while the home represent so much emotionally, it may not be the best asset for your financial security.

Here are some questions you need answered to help factor into your decision:

  • Will your postdivorce income cover the costs to run your home?
  • What is the outstanding mortgage?
  • Why am I keeping it?
  • Is it too much space, or just enough?
  • If I decide to move, what are the associated selling and buying costs?

There is an interesting article I came across called “In Housing Slump, Breaking up is Hard to Do.” It refers to another consideration regarding the matrimonial home and that is, keeping the home in the divorcees hands until the slumping housing market recovers. For more details, see the article attached.in-housing-slumpfred-glassman

Consider these factors and any other items which are important to you and discuss them with the right experts when developing your postdivorce financial plan.


Add comment July 3, 2008

Childrens’ Bill of Rights from the……..

American Academy of Matrimonial Lawyers

CHILDREN’S BILL OF RIGHTS

WHEN PARENTS ARE NOT TOGETHER

Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn’t forget — and kids shouldn’t let them — when the family is in the midst of a break-up.

You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn’t feel guilty about wanting to see your dad or your mom at any time. It’s important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can’t work it out, a judge may make the decision for them.

You’re entitled to all the feelings you’re having. Don’t be embarrassed by what you’re feeling. It is scary when your parents break up, and you’re allowed to be scared. Or angry. Or sad. Or whatever.

You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone — either your other parent or a trusted adult like a teacher.

You don’t belong in the middle of your parents’ break-up. Sometimes your parents may get so caught up in their own problems that they forget that you’re just a kid, and that you can’t handle their adult worries. If they start putting you in the middle of their dispute, remind them that it’s their fight, not yours.

Grandparents, aunts, uncles and cousins are still part of your life. Even if you’re living with one parent, you can still see relatives on your other parent’s side. You’ll always be a part of their lives, even if your parents aren’t together anymore.

You have the right to be a child. Kids shouldn’t worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

IT IS NOT YOUR FAULT AND DON’T BLAME YOURSELF.

—-Special Concerns of Children Committee, March, 1998


Add comment May 21, 2008

A public rant gone awry….

Airing your laundry in public

Philip Smith was left hung to dry earlier this month when his wife, Tricia Walsh-Smith, aired her marital and divorce grievances on You Tube.  While each side may have their issues with one another, for a while it was kept relatively private.  But, with Ms. Walsh Smith’s recent You Tube video about the concerns she has with her husband and their divorce, public opinion is now weighing in with disbelief as to how these complaints were brought forward. 

This is not the first time a celebrity or someone in the public eye has let their emotions rule their decision making only to have it backfire on them.  While it might feel great in the moment to speak your mind, the feelings of relief often change to horror when you hear the reaction from the very same audience you were hoping to gain sympathy from. Perhaps it is best to keep your personal issues private, no matter how much you may want to seek revenge or validate your shame.

Articles about public displays of anger have been widely written about by the media.  There are two articles I would like to draw your attention to these are:

http://www.theglobeandmail.com/servlet/story/RTGAM.20070422.lbaldwinmain0423/BNStory/lifeFamily/home

http://www.theglobeandmail.com/servlet/story/RTGAM.20080416.wgtyoutube0416/BNStory/lifeMain

Public opinion to the way these celebrities acted out their frustration and anger was certainly not what they were anticipating.  Damage control seemed to be next on the agenda. I’m sure there are many people who would like to air their grievances in public too — out of revenge sure to humiliate you soon to be or former spouse. 

While it might feel good in the moment, think about the consequences of venting in public:

·         The effect on your reputation.

·          The effect on your relationship with you children and/or step children.

·         The possibility of the rant being used against you in legal proceedings.

·         The actions coming back to hurt you later on.

Here are some strategies to help you get through these emotionally difficult times:

  • Write your thoughts down in a personal journal.
  • Vent your feelings to a trusted family or friend.
  • Speak with a therapist, clergy or other people in your support network.
  • Vent your thoughts in a letter, don’t send it out – perhaps rip it up.   This can be cathartic.
  • If you are going to sign a pre or post nuptial agreement, ensure you get a legal opinion before you sign.   

While interest in the You Tube video will soon become yesterday’s news as the public grows tired of this battle and becomes fascinated by some other family squabble, the significance of it will play out for a long time in many ways for this couple. 

Use these lessons well.  As much as you may want to vent and scream your personal issues via email, You Tube or some other communication vehicle, you don’t want a war of words coming back to haunt you.  While you may have achieved your short term goal, in the long term, you might very well be sorry you let your emotions get the better of you.


Add comment April 27, 2008

Seeking closure…….

Seeking closure…….

to your marriage and starting on a new path towards divorce

There are no rituals, ceremonies or customs ending a marriage, as there are mourning the death of a loved one. However, many people are looking for a way to find closure, to mourn the end of their marriage.

I started thinking about symbolic ways to mourn the ending of a marriage because I was recently asked if I have ever heard of a Divorce Cake.

While I have never heard of anyone baking or serving divorce cake (this doesn’t mean no one has done this), there are some ideas which might help people to move on. While one might need a sense of humor to creatively use one of these tactics, there is definitely some merit to it.

In a recent article in The Globe and Mail newspaper I read about a coffin designed for wedding rings. I thought this an out of the ordinary idea, as it implies burying the past, mourning the past and then moving on.

I received an email from a lawyer who told me of a client who insisted on walking her divorce petition down to the courthouse and filing it herself. She said she went down to get the marriage application and wants now to be part of the unwinding process. I thought this idea to be brilliant. This was a woman taking control of her life.

There are people who throw divorce parties, mail out or email notices of their divorce. Interesting concepts too. The thing to remember is, you don’t want to show anger, bitterness or remorse. You certainly don’t want to offend your friends, make them feel uncomfortable or create a mockery of yourself. Use this as an opportunity for closure and healing.

But, back to the cake. I thought, what could that recipe for divorce cake be?

How about -

I dash of focus (on how you would like your life to unfold)

2 sprinkles of hope

and lots of confidence (for enabling yourself to achieve the life you envision).

All of this achieved by doing research, asking questions and accepting that this is an emotional time – and dealing with your emotions.

Divorce is rich in opportunity to learn and grow from. Use these lessons well.


Add comment April 15, 2008

Hear Deborah on “Guy Talk”

Hear Deborah talk about

The Smart Divorce on “Guy Talk”

Have you hear about the new radio show on Newstalk 1010 CFRB, “Guy Talk”? You can hear it live on Sunday evenings from 10 pm-11pm.

Guy Talk is a radio show that deals with psychological issues which modern men face. The underlying premise of Guy Talk rests in the question: Why Won’t Men Grow Up? The creator/hosts of Guy Talk are Dale Curd and Owen Williams.

I’ve been invited to speak about The Smart Divorce and dealing with the many issues surrounding divorce and relationships on May 4, 2008. Tune in and feel free to call in with your views at 416 872 1010. Although this show is targeted towards men, women are invited to call in as well. I would be interested in hearing your perspective as we discuss the many issues divorcees are confronted with.


Add comment April 14, 2008

What are the dispute resolutions?

You have choices and options to arrive at your separation agreement. A smart divorce means doing the research and gaining the understanding of these options so that you are making your decisions with confidence.

Do it yourself

 

This is the situation when separating couples to try reach an agreement without legal counsel. When I conducted my research for my book, The Smart Divorce, not one lawyer recommended this option. They didn’t support this option because they felt it is imperative that people understand their rights in terms of what they are entitled to and financial responsibilities and obligations with regard to spousal support and child support. For example, you could be giving away or not getting your most important assets; you might not be doing what is in the family’s best interest. If you do decide to go this route, you should at least consult with a lawyer first to get independent legal advice to understand your rights.

 

Negotiation

Think of negotiation as taking your wish list regarding how you divide your assets and what your parenting responsibilities should be and use this list as a starting point for what you end up with. It’s me and my lawyer versus you and your lawyer finding a compromise– all with the goal of reaching an acceptable middle ground. It’s me versus you with our lawyers beside us. Usually, we’re both trying to get as much as possible.

Now if you have to go to court, negotiation takes place too. The purpose of negotiation here is using it to avoid trial. When people file lawsuits there’s an expectation that there will be some maneuvering and bargaining and eventually a settlement will occur rather than full blown court with trial. The typical pattern is to use the threat of trial to get people to bargain and stay out of court.

 

Mediation

Mediation is using a mediator – It’s using the help of a neutral third party to help the divorcing couple reach a separation agreement together. A mediator is the problem solver helping the couple arrive at an agreement by helping them communicate with each other– a good mediator will help the couple identify issues and explore choices that they hadn’t thought of on their own.

Another benefit is that for some couples mediation is more cost effective because they are splitting the cost of a mediator, rather than paying hours separately with their individual lawyers. Many lawyers and clients like it because it gives both sides more control over the final outcome, but it does require that you be willing to work together, there is honesty and full disclosure about the finances.

 

A mediator can be a lawyer or a mental health professional. Most lawyers prefer that when you are mediating financial matters that your mediator be a lawyer.

Collaborative family law

 

The concept is that the lawyers work strictly toward settlement. Clients and their lawyers sign a contract in which they agree not to go to court, and to provide full and complete financial disclosure. The purpose of collaborative law is to create an environment in which the separating couple feels safe, in which both parties feel that they are able to make informed decisions about their own destinies, and in which they can work constructively despite their fears, anger, and feelings of revenge.

The lawyers fulfill their traditional role of advising their own clients on how the law applies to their individual situations. But they also help their clients to reframe their thinking–to develop goals as opposed to taking positions, and to make good and ethical choices. If either client wishes to end the collaborative process and go to court, both lawyers and other members of their firms must remove themselves from the case.

Arbitration

Arbitration is much like litigation in that you go to court in a sense, but it is outside of a courtroom. It is a private process. The divorcing spouses together with their lawyers pick a decision maker, who is usually a retired judge or senior lawyer with family law experience.

What happens in arbitration is that the decision being debated between the couple is imposed by the arbitrator. Unlike mediation, no one helps the couple come to an agreement; the decision is made for them. And, usually, if you don’t like the decision, it can’t be appealed which means, you can’t argue it out again for the decision maker to change his or her mind.

Litigation

I’m not saving the best for last; this is last because litigation is usually the option of last resort. Going to court. It’s emotionally difficult and financially, very expensive.

Who remembers Perry Mason?– when you’re up on the stand and your lawyer is asking lots of questions and all of a sudden there is this aha moment by the judge and yes, it’s determined you are right and the other side is wrong and justice is served. It’s his word against hers and the battle starts from there. The lawyers try to poke holes in your persona showing that you are unfit. That’s why it is called the adversarial process. There is one winner, and one loser. It’s not a win – win situation. It’s a war and there are distinct sides.

Like arbitration, the decision is made by a third party. Unlike arbitration, you can’t pick your decision maker and the judge doesn’t always have family law experience. Another difference is that arbitration is private, going to court is public. Being public means that there is a public record of the dispute.

For a more comprehensive analysis of the dispute resolutions readThe Smart Divorce: Proven Strategies and Valuable Advice from 100 Top Divorce Lawyers, Financial Advisers Counselors and Other Experts (available wherever books are sold)


Add comment March 24, 2008

Developing Your Separation Agreement

Considering All the Divorce Options

Did you know that there are options to arriving at your separation agreement? Going into my divorce, I didn’t realize there were any options. Maybe I watched too much TV, but my perception was that everyone went to court and litigated–went to trial before a judge. I was completely wrong. I didn’t understand that litigation is not the preferred method of resolution. All lawyers would agree that in most situations, it is the method of last resort; it usually signals a breakdown in negotiations outside the courtroom. The other options besides litigation are called alternative dispute resolutions, or ADRs.

The best-practices thinking is that ADR ought to mean

“appropriate dispute resolution,”

of which litigation is one choice.

Understanding each ADR process is vitally important. Although no one should walk into a lawyer’s office and immediately say, “I want dispute resolution X”–lawyers evaluate which dispute resolution process to pursue based on the nature of the problems and issues–being aware of your choices can help you maintain control and contribute to making decisions with confidence.

Which option provides the best outcome?

All of these modalities can produce either a good outcome or a bad one. Mediation, arbitration, trial–nothing about them, alone, predicts either a good or bad outcome. All carry variables such as a good judge or a bad judge, a good mediator or a bad mediator, a good lawyer or a bad lawyer.

There are five ways to come up with your separation agreement without going to court. You should be well informed about these when considering the best way to arrive at your separation agreement. Why does this matter? It matters because it’s not always about going to court.

The truth is, there is no such thing as revenge in divorce, the only thing you will get are legal bills.

What are your choices and options?

  • Do-it-yourself
  • Negotiation
  • Mediation
  • Collaborative family law
  • Arbitration
  • Litigation

Which Option Is Right for You?

Even choosing which dispute resolution option to take can become a fight for a divorcing couple. Don’t invest yourself in particular outcomes. Your goal should be as reasonable a dissolution of your marriage as possible under the circumstances. You do not have–and you will not be able to get–complete control of the options or of how the other side acts within them.

A good lawyer will emphasize that it is extremely unlikely that anyone is going to walk away having won completely. I’ve been told by many lawyers that they make most of their money from clients who are stubborn. But many lawyers also say that they would accept slightly lower fees for easier clients, even if they have to take on more clients to make up the difference.

Information about dispute resolutions and more is covered far more comprehensively in The Smart Divorce: Proven Strategies and Valuable Advice from 100 Top Divorce Lawyers, Financial Advisers, Counselors and Other Experts. Available wherever books are sold, amazon.com, amazon.ca, barnesandnoble.com and many other webseller book sites.


Add comment March 22, 2008

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