The Smart Divorce® Resource Tool Kit is now available, order yours today– one easy phone call or email, to get this valuable resource.  It’s one of the  most comprehensive programs providing a full overview of the divorce process — and endorsed by judges, lawyers, and mental health professionals.  The Smart Divorce Resource Toolkit will help you make smart decisions for you and your family – taking you through the entire divorce process, removing the mystery and misconceptions about the outcomes of divorce, how to cut down on your legal bills and so much more.

This comprehensive resource  provides an understanding of all aspects of the divorce process; helping you understand the two sides to your divorce – the “emotional divorce” and the “legal divorce”

Move through your divorce with focus, hope and confidence.

The Smart Divorce Resource Toolkit makes the divorce process easy to understand, helping you to be strategic while making sound, smart decisions.  After all, information is knowledge and knowledge is power.

   Call 905 695 0270 or email info@thesmartdivorce.com to get your copy of The Smart Divorce Resource Toolkit. 

Included in The Smart Divorce Toolkit are tips, strategies and ideas, packaged as never seen before.  This smart toolkit comes with:

The Smart Divorce Resource Toolkit is designed specifically to meet your needs — to help reduce stress, educate and inform you about the divorce process in a cost effective, easy to understand way. Guidance and information from leading family law lawyers, mental health professionals, and parenting experts well versed on the needs of those in the divorce process are included.  And, it’s put together in one smart package, making it uncomplicated, and effortless to understand.

The Tool Kit contains 4 CDs covering the myriad of issues, concerns and questions most people have about divorce – removing the mystery, complexity, and confusion about divorce.  Also included are Smart Guides which add another layer of detail to The Smart Divorce Audios, and provide a step by step plan for going through the divorce process.

The Smart Divorce Audios. 

These unique and informative CDs provide tips and strategies to help navigate this difficult time, educate listeners about the divorce process and provide practical information on getting through it with focus, hope and confidence.

• Audio 1 – The Emotional  Divorce
• Audio 2– The Legal Divorce
• Audio 3 – Smart Co-Parenting: Putting Your Children’s Best Interests First
• Audio 4 – Rebuilding Your Life Post Divorce

Smart Guides.

Tip sheets that support the information in the audios providing detail and understanding of the specific topic.

Smart Guides:

• Planning for a Smart Divorce
• Getting Your Finances Organized for Divorce
• Coping with the Stress of the Emotional Divorce
• Coping with Stress in a High Stress Environment
• Understanding Your Divorce Options
• Finding a Good Divorce Lawyer
• Smart Co-Parenting
• Living Separate and Apart
• Strengthening the Blended Family Bonds
• Divorce Financial Check List
• Understanding Marital Property Laws
• Important Financial Steps Required to Prepare for Divorce

Don’t delay, order your kit today

Call 905 695 0270 or email info@thesmartdivorce.com to get your copy of The Smart Divorce Resource Toolkit.

This valuable Tool Kit is designed to reduce stress, educate and inform about the many aspects of the divorce process, and is cost effective and easy to understand.

Divorce or a breakdown of a co-habitation relationship is an extremely emotional process. While divorce is a personal matter the emotional impact can spill over into the workplace suddenly making it a public affair. There are so many unknowns about divorce that people are often confused, filled with fear and unsure of how to navigate the process.  In an effort to better heal and deal with divorce process privately, many individuals seek therapeutic counseling.  However, not all therapists are equipped to help their patients understand the specifics of divorce to alleviate many of their concerns i.e. the legal process, financial impact or custody and access issues.  As a result, an individual’s world is temporarily turned upside down, triggering unsettling and distressful emotions. The effects of the emotional distress in the workplace can be devastating.

On a classic rating scale of stressful life events, divorce consistently ranks No. 2–second only to the death of a spouse or child. The process of getting divorced is an emotional roller coaster which can impact people’s ability to be mindful on the job. Although divorce is primarily a personal heartbreak, the effects spill into the workplace; at the extreme – costing one to lose their job – not to mention a good portion of their wealth, and it can even affect the organization’s reputation.  People often feel overburdened and lack confidence; it is not surprising how many buckle under the pressure.

It is well documented that divorce reduces worker productivity.  If one were to do a cost benefit analysis of the effects of divorce in the workplace, one would find that the financial costs to the organization can be enormous.

I understand only too well how devastating the emotions of divorce can be, taking over the legal process while wreaking havoc on one’s career, causing a meltdown on so many fronts, and  the difficulty in overcoming the challenges  of raising children on your own.  It is for these reasons that I created The Smart Divorce® Resource Tool Kit.    I know how important it is to treat your divorce as a business transaction, and arm yourself with as much information as possible.

The Smart Divorce Resource Tool Kit includes:

The Smart Divorce Audios.  These unique and informative audios provide tips and strategies to help navigate this difficult time, educate listeners about the divorce process and provide practical information on getting through divorce with clarity.

• Audio 1 – The Emotional  Divorce
• Audio 2– The Legal Divorce
• Audio 3 – Smart Co-Parenting: Putting Your Children’s Best Interests First
• Audio 4 – Rebuilding Your Life Post Divorce

Smart Guides.  12 very valuable tip sheets that support the information in the audios and cover other important issues; providing detail, strategies and tips for managing a specific divorce related topic.

In addition to the extensive information available in The Smart Divorce Resource Tool Kit, some organizations may also find it beneficial to offer workshops.  These presentations will provide greater clarity about divorce and managing through the process, in an effort to minimize stress, while maximizing an employee’s attention at work during this often distracting time.

The Smart Divorce® facilitator guided workshop

• Workshop 1- The Smart Divorce.  A 1 ½ hour overview of the divorce process based on the book, The Smart Divorce. The divorce process in explained in broad terms, while providing an understanding of the emotional divorce and the legal divorce
• Workshop 2- Strengthening the Blended Family Bonds.  A one hour presentation focusing on considerations when blending families.

Note: Each workshop includes PowerPoint presentation and facilitator script.

Don’t miss out on the introductory offer and save $50 when you place an order a minimum order of 10 kits.  Or, try it out and order just one Toolkit.

For more information click on the link.   To learn more about this unique and innovative program, and how it may help your organization or practice, please contact Deborah Moskovitch at info@thesmartdivorce.com.

The Smart Divorce Resource Tool Kit _ Flyer

Hear Deborah talk about The Smart Divorce

I was interviewed about The Smart Divorce and dealing with the many issues surrounding divorce with host Christine Williams of On The Line

Click on the link to watch the interview which aired on April 19, 2010.

You’ll hear a lot of information about getting through divorce, some personal stories, and guidance about the divorce process.

http://ctstv.com/ontario/player.php?ctsvidID=17595&show=On%20The%20Line

ON THE LINE with Christine Williams has been recipient of six prestigious international awards.  The program features current affairs issues and in-depth discussions about a range of topics with authors, experts and advocates.

There was a 5 part series in the Toronto Star, investigating some of the issues people are confronted with when dealing with the legal system.  What ever the issues, the bottom line is, there are problems, and that requires reforming the system.

I’ve attached links to the articles which may be of interest to you, my readers.  While you might not agree with everything in these articles, it certainly will make you pause and think………the reality is, divorce is a life changing event, and we need to view this as a process, not a crisis.  And, as I heard a lawyer so wisely say:

Divorce is a problem to be solved,

not a war to be won.

Here are the links to the articles:

Divorced dads can’t catch a break  http://www.parentcentral.ca/parent/newsfeatures/article/704075–divorced-dads-can-t-catch-a-break

The good divorce http://www.parentcentral.ca/parent/newsfeatures/article/705130–the-good-divorce

Kids hard hit in nasty divorces http://www.parentcentral.ca/parent/newsfeatures/article/705251–kids-hard-hit-in-nasty-divorces

Grandparents go to court for access to grandkids

http://www.parentcentral.ca/parent/newsfeatures/article/705808–grandparents-go-to-court-for-access-to-grandkids

Where separation occurs without anxiety http://www.parentcentral.ca/parent/newsfeatures/article/706400–where-separation-occurs-without-anxiety

Of course, I always like to have the last word and comment.  My published letter to the editor, in response to the article entitled “Divorced dads can’t catch a break”, is below.

What’s the delay on shared custody?

Re: Breaking up: Family courts in crisis, Series

There are gaps in the legal system, leading to both fathers and mothers feeling that they are being treated unfairly. But, the real victims are the children who are losing out on a loving relationship with both parents, because of their parents’ conflict – who are too consumed with fighting each other, ignoring what’s in their children’s best interest.

Parents need to work together for the sake of the children, not against each other for vengeance, control and destruction of their ex partner.

Deborah Moskovitch, Divorce Consultant, Author, “The Smart Divorce”

Watch this captivating interview with Susan Ormiston who talks to family court judge, Justice Harvey Brownstone, who has spent 14 years refereeing ugly custody disputes, writing a book detailing his experiences on the bench.

http://www.cbc.ca/national/blog/video/crimejustice/tug_of_war_extended_interview.html

If this isn’t enough to keep you out of court, then read this powerful research by Dr. Robert E. Emery.   Dr. Emery conducted a 12 year study on high conflict families — who had originally appeared in court because they had filed for a contested custody hearing.  He compared two groups – those that litigated the outcome vs mediation.
The outcome:
5 hours of mediation caused nonresidential parents to see their children much more often 12 years later
Compare these rates to the dramatic drop off in contact after the typical divorce in America
For example, 28% of nonresident parents who mediated saw their children weekly 12 years later compared to 9% who litigated and 11% in the national averages

For more information and a full review of the study, click on the link

http://emeryondivorce.com/divorce_mediation_study.php

Our goal as parents is to put our children’s best interest first.  It isn’t always easy, but it’s a goal we need to achieve!

The issue of parent alienation has been front and center in the media recently, and deserves the attention. It’s the children who live out the divorce and deal with the toxic reality of conflict.

Justice Harvey Brownstone, a family court judge in Toronto, wrote an insightful essay which appears in The Globe and Mail, on what he described as “a prevalent concern in high-conflict custody litigation.” The link to this article, which every parent should read, is below.

http://www.theglobeandmail.com/servlet/story/LAC.20090425.COESSAY25ART1958/TPStory/?query=harvey+brownstone

Justice Brownstone raises significant issues which parents need to consider. However, it is important for parents to look at their own behavior and consider how this might be affecting the relationship with their children.

My response to this serious issue of parent/child relationships appears in today’s Globe and Mail – letters to the editor.

http://www.theglobeandmail.com/servlet/story/LAC.20090428.COLETTS28ART1951-6/TPStory/?query=deborah+moskovitch

If you are wondering whether or not my comments ring true, read on for a real life example of someone who paid the price dearly, and suffered significant damage as a result of parent alienation.

http://www.theglobeandmail.com/servlet/story/LAC.20090429.LETTERS29ART2018-6/TPStory/?query=deborah+moskovitch

It’s a parent’s responsibility to give their children the best life possible -this means being mature enough to

put your feelings aside

and do what is in the best interests of your children.

Tug of War
A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court

Mr. Justice Harvey Brownstone

I just finished reading the book Tug of War and highly recommend it as required reading for anyone that is contemplating litigation for their family law disputes. When I conducted my interviews for The Smart Divorce, there wasn’t one judge who would make his/her views public. Justice Brownstone has gone out on a limb to communicate his views to the public. It is well written and provides a real perspective of what goes on in court – and is endorsed by his colleagues, which speaks volumes in terms of the credibility and accuracy of information.

Tug of War is the first book of its kind. Written by a sitting family court judge in layman’s language, it demystifies complex family law concepts and procedures, clearly explains how family court works, and gives parents essential alternatives to resolve their own custody battles and keep their kids out of the often damaging court system.

Breakup rates in North America are skyrocketing. Recent statistics say 45% of marriages end in divorce, and at the centre are countless children, thrust by their families into a complex and seemingly impermeable family court system. Tug of War explains the role of lawyers and judges in the family justice system, and examines the parents’ own responsibilities to ensure that post-separation conflicts are resolved with minimal damage to the children stuck in the middle of parental disputes. Justice Harvey Brownstone explores themes that apply to all families and parents in conflict. He draws on his fourteen years sitting on the family court bench to provide clear case examples with inclusive and accessible language.

Tug of War describes alternatives to litigation and exposes the myth that parents can represent themselves without a lawyer in family court. Justice Brownstone discloses the inner struggles of parents, judges, and lawyers in the maelstrom of marital conflict.

This book is a must-read for couples involved in or contemplating separation, family law judges, lawyers, mediators, parenting coaches, psychologists, family counselors, social workers, students and professors of family law at law schools. It is endorsed by judges currently sitting in Ontario and New York State.

*100% of author royalties from this book will be donated to Children’s Wish Foundation.

This book is available where ever books are sold, amazon.com and amazon.ca and many other online book seller sites.

The Smart Divorce® Workshop Series

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.

I have added two new workshops to the series called – Taking Control of Your Finances – with guest speakers Atsuko Hiroaka and Aaron Nimon, both Investment Advisors of BMO Nesbit Burns. The focus of these sessions is to help manage and effectively deal with your financial concerns; how to overcome your fears and understand the financial considerations as you work through the divorce process and postdivorce concerns.

Click on the link for more information: the-smart-divorce-workshop-f09-2-finr1

Program details:

The Smart Divorce: Learning the Basics – February 4, 2009

The Smart Divorce: Taking Control of Your Finances – February 11, 2009

with Guest Speaker, Investment Advisor – Aaron Nimon of BMO Nesbit Burns

The Smart Divorce: Parenting Through Divorce – February 18, 2009 2008

The Smart Divorce: Taking Control of Your Finances – February 25, 2009

with Guest Speaker, Investment Advisor – Atsuko Hiroaka of BMO Nesbit Burns

“Your seminar game the confidence I needed to start my divorce. I know what to do now and feel I’m not alone.” Dave C. Toronto

“I met a client who took your seminar today. An educated client makes this work so much easier!” Jacqueline Vanbetlehem, Mediator and Family Therapist in Oakville

Location: 12 Lawton Boulevard, Toronto (Yonge and St. Clair)

Registration Fee: $25 per workshop

Call The Smart Divorce at 905 695 0270 or email info@thesmartdivorce.com

SPACES ARE LIMITED, CALL TODAY

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.

]]> http://blog.thesmartdivorce.com/2008/07/10/the-smart-divorce-workshops-2/feed/ 0 The Smart Divorce http://blog.thesmartdivorce.com/2008/03/24/what-are-the-dispute-resolutions/ http://blog.thesmartdivorce.com/2008/03/24/what-are-the-dispute-resolutions/#comments Mon, 24 Mar 2008 15:13:54 +0000 The Smart Divorce http://thesmartdivorce.wordpress.com/?p=29 ]]> 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)