Posts filed under 'smart divorce'
Strategies for keeping your legal costs down
I know from the many people I speak with, that the monthly statement from their lawyer’s office seems to be the last piece of mail to get opened. It’s not like you are running to your mail to see if it is there. And, the questions you ask yourself as you open the statement can make you anxious. Are there enough funds in the retainer to cover this bill? Do I need to submit additional money? Why can’t I keep the bills down? Why does the bill add up to so much so quickly? Why? Why? Why?
Instead of asking yourself why, utilize the how to strategies to keep your legal costs down, while maintaining control over what is going on in your file.
Here are some cost saving tips to help you cut down on your legal bill:
Maximize your meeting time
- Schedule your meetings through your lawyer’s assistant.
- Make a list of questions you would like to discuss, organized by topic or issue.
- Have an agenda ready, with all items and issues to be discussed.
- Take notes.
- Do any follow-up work the lawyer gives you (reviewing documents, contacting a specific specialist, and so forth), and make sure it is done in a timely manner.
Make all communications cost effective
- Save up your questions. Don’t call or e-mail your lawyer every single time you have an inquiry.
- Check with your lawyer first and find out how he or she likes to handle communications–via e-mail, phone calls, or meetings with prepared agendas. Also ask for recommendations on making your communications more efficient.
Provide as much written information as possible
- Many lawyers have their clients write out an account of their marital history. Ask your lawyer if this is what should be done.
Use your lawyer’s services cost effectively
- Listen to your lawyer and take notes.
- Remember, if you want to vent and complain about your soon-to-be ex-spouse, the meter is still running.
- If you are able to, do certain tasks, such as filling out the financial statement, yourself.
- Don’t micromanage (pay extreme attention to the small details of) your case. This only causes your legal bills to escalate and slows down the process.
And, if there is something that doesn’t make
sense to you, ask your lawyer.
Add comment August 11, 2008
5 steps to post divorce happiness
Achieving happiness postdivorce is possible. But, like most things in life with a positive outcome, it requires hard work. There are things that you can do as you move through the divorce process to prepare and enable you to move forward with focus, hope and confidence; upon closing your divorce file.
Please click on the link to read more about tips and strategies as to how to accomplish postdivorce happiness. 5-steps-to-post-divorce-happiness-more-magazine-12
I wrote this article for More magazine’s online edition. More magazine is a publication which celebrates women over 40. Men should also feel comfortable reading this article as it offers great insight into moving on - postdivorce; tips that apply to both men and women. If you would like to browse through this magazine click on the following link: www.more.ca
Life is like a book: some chapters are more difficult to get through than others. When I started living on my own again, I thought about how the new chapters of my own life were going to be written. I began to ask myself many questions. Can people actually be single and happy postdivorce? If they can, how do they achieve this? What is their secret? Is it like one of those new fad diets–just follow these few simple steps and, poof, a new you, easily transformed while you sleep? Or can you only reach that elusive goal of happiness when you find that perfect mate–your knight in shining armor or damsel in distress?
Think about how you would like your life to look like postdivorce and start doing some of those things now. You have choices and control. It’s up to you as to how this new chapter in your life is going to be written.
2 comments July 21, 2008
Custody and Access - what’s the difference?
The terms custody and access have been getting a lot of attention in the media recently because of the open court room of the Christie Brinkley/Peter Cook trial.
It’s amazing how many clients have come to my office questioning the difference between custody and access for their children. There is a significant difference and it’s important to understand what they mean to help you with planning your child’s best interests when it comes to decision making and visitation.
The Globe and Mail ran an interesting article today on the evidence parents use when it comes to a battle – which is something you would rather avoid.
Click on this link to read the article:exhibit-a-his-3rd-grade-diorama-tralee-pearce1
What’s the difference?
Parents have both rights and responsibilities concerning their children. They must make decisions regarding their children’s health, education, and religion; support their children financially; and provide their children with a home. During the divorce process, however, the terms used to describe these rights and responsibilities can get confusing. Concepts often get mixed up, and definitions vary. As a result, parental expectations can become unclear.
In addition, the legal terms used by the lawyers, judges, and other professionals can sound so cold and clinical that they are difficult to hear. The experts may not refer to you as “parents” but as your children’s “decision makers.” Instead of discussing the time you have to spend with the kids, they may talk about “access.” I have never ever heard parents refer to their parental authority or to time with their kids in such detached ways. Nonetheless, it is important to understand these terms.
Custody
Custody refers to who has the legal authority to make decisions regarding a child’s health, education, religion, and so forth. Generally speaking, custody does not establish residential status or access (visitation rights); those specifics are usually determined by the parenting plan (described below)
Joint custody means that both parents retain legal decision-making authority. If parents with joint custody have a problem coming to a decision about the child’s best interests, this can be resolved by a parenting expert such as an arbitrator or parenting coordinator.
Sole or full custody means that only one parent is given decision-making authority over the children, usually because it would be too difficult for the parents to make these decisions together. Needless to say, if you have sole custody, you must be especially careful to act in the best interests of your children.
The Parenting Plan
The parenting plan is an agreement between divorcing parents that clearly defines how each is to continue caring for his or her children following a separation. The goals of the parenting plan are to encourage the children’s relationship with both parents and to protect the children from parental conflict. It can also be used as an intervention tool to help parents disengage from one another. Parents often fear losing control or being controlled, and a specific, structured plan can help quell those feelings.
The parenting plan provides a comprehensive schedule of each parent’s access to the children, outlines his or her co-parenting responsibilities, and establishes his or her role in parental decision making. The particulars of the plan depend on the relationship between the former spouses, each parent’s relationship with his or her children, and, of course, the children’s needs. It can be very detailed, and it may address questions.
The parenting plan can configure the residential arrangement in a variety of ways. In some families, children split their time fifty-fifty between their mother’s home and their father’s. In other cases, the children live most of the time at one parent’s home, which is called the primary residence; that parent is called the primary residential parent. The other parent, called the secondary residential parent, may have the children on select weekends and perhaps one day a week, and maybe on alternating holidays. There are, of course, many different ways to configure parental responsibility, and there is no right or wrong method.
Divorce is the dissolution of the legal contract between a married couple. It means the transforming of a family, not the ending of a family. When parents separate, it is better to think of the family as reorganized instead of broken. Everyone still needs each other. How parents handle the changes that occur because of the reorganization will have a direct effect on how well the children and parents fare after the separation. While change is often difficult, it doesn’t have to be destructive. It makes sense to get psychological support during such trying times. There are a lot of mistakes that don’t have to happen if parents are informed of the best way to solve their issues.
Add comment July 15, 2008
Working effectively with your lawyer
A smart divorce involves moving effectively through the divorce process and understanding the roles both you and your lawyer play during this time. Although you’re the one paying for the lawyer’s services, you must be involved and realize it’s a job for you, too. There are some strategies you can use for working effectively together in order to save you time and money.
Your lawyer’s job
- Develop Realistic Expectations - One of the first things you will do with your lawyer is to discuss what you can expect to receive or pay out in terms of spousal support, child support, custody of and access to the children, and division of matrimonial assets. Your lawyer can help guide you as to what a realistic outcome can be. Trying to obtain a result which your lawyer does not feel you can achieve will only cause you to incur more in legal fees, heartache and frustration.
- Maximize the Economic Outcome - Lawyers view their job as getting the best deal for their clients, but the best deal may not necessarily be the biggest number, because there are other issues as well. Sometimes a lawyer prefers a smaller deal to ensure that the client will collect what was agreed to be paid, or to avoid a trial that might further damage the relationship between parties who must continue to co-parent their children. For this reason, a lawyer’s idea of the best deal and the client’s idea of the best deal may be different, and sometimes lawyers must get clients to realize that what is best for them isn’t necessarily what they think is best.
- Look Out for Your Children’s Best Interests - Many lawyers’ first focus with their clients is on working things out for the children. Unfortunately, some parents are still so emotionally distraught, or were such poor parents in the first place, that they do things that are in their own best interests, not the children’s. They attempt to hurt the other parent, which is ultimately bad for the children. Ethical lawyers will not deal with crazy agendas and destructive goals.
Your lawyer will advise and recommend, but will leave the final decision on any course of action to you, the client. If you want to work effectively with your lawyer, it’s as much a job for you as it is for him or her. Make sure you ask lots of questions, do your research and be informed.
Add comment July 14, 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.
- 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.
- 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.
- 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.
- Develop your support network of new friends, family, clergy, a therapist or support groups.
- 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
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
