Showing posts with label how to divorce. Show all posts
Showing posts with label how to divorce. Show all posts

Tuesday, September 4, 2018

"What I Wish I Knew Before I Got Divorced" Discover 10 important pieces of advice these women learned the hard way.BY NATASHA BURTON

Hindsight's 20/20, so there's no one better than ex-wives to tell you what to do (and not to do) if you're going through—or just contemplating—a divorce. Here, real women share what they wish they'd known when they split from their husbands and divorce professionals weigh in on how to combat the most unexpected, yet most common, mistakes they've seen clients make. Rest assured, these 10 lessons can get you through the end of your marriage, both financially and emotionally.
1. It may take a long time to recover—and that's okay. Julie, 50, from Denver, thought she'd be able to handle her divorce. "I'm a strong person, I own my own business and I'm a professional speaker," she says. But she admits she could barely function for a full year after the split.Her divorce recovery classes helped her realize everyone bounces back at their own pace. Psychotherapist Pandora MacLean-Hoover, who's divorced, also suggests finding a therapist who knows firsthand how vulnerable you are. "Therapists who haven't experienced divorce often create false hope," in regards to recovering quickly. "It's important to have support that's educated as well as therapeutic."
2. Choose your counsel wisely. "I used a criminal attorney and got a poor settlement," admits Christine K. Clifford, CEO of Divorcing Divas. On the other hand, a lawyer who's well-versed in family law could get you a better settlement because she knows the state-law nuances and local judges and lawyers, says Jacqueline Newman, a partner at a boutique New York City law firm specializing in divorce. If you and your husband have complicated combined assets, you may need additional pros. Kira Brown, 34, from Phoenix, AZ, owned a business with her ex-husband and wishes she'd also hired a financial planner for help negotiating her settlement.
3. Dig deeply into your joint finances. According to financial analyst Sandy Arons, a divorcee herself, 40% of divorce proceedings are about money. So get as much information as you can about your shared accounts to be well-informed before court. Specifically, "learn all of the online passwords to bank accounts, which accounts had automatic payments and where money is invested, including the names of all accounts, the account numbers and the investment advisors," says Newman. Ask your attorney when and how it's best to gather this info first, though.
4. Figure out your future living expenses ASAP. Your financial well-being should be your top priority, says divorce financial expert and mediator Rosemary Frank. "Raw emotions will heal and legalities will be completed, but the financial impact of poor decisions, or default decisions due to lack of understanding, will last a lifetime," she warns.Step one: Thoroughly understand your current cost of living before the divorce proceedings start. "If you don't know what you'll need in the future, you won't be able to ask for it and you surely won't get it," she says.
5. Anticipate unexpected costs. Even with carefully planning out your future expenses, something surprising may pop up. For example, your husband may be able to boot you from his health insurance plan, leaving you with an added cost of as much as $1,000 per month. Caitlin, 55, from Tarrytown, NY, recommends requesting a one-time payment, separate from alimony. "I asked for, and got, a check 30 days after my husband left," she says. "Too many men dodge their financial responsibilities, so waiting for that first alimony check is unwise. Try to have money available—like $5,000—within days. You'll need it."
6. Trying to hurt your ex usually backfires. Newman says that a client of hers told her husband's boss about his affair with his secretary and ended up getting him fired. "It not only 'showed him;' it also showed the wife—and their children—what life is like on a lower salary," she says.Simplybadmouthing your ex is likely to hurt your kids more than your husband, even if you don't think they hear or read what you say. "Anything written online about an ex-spouse will exist forever—when the children are old enough to read," cautions Newman.
7. Being divorced doesn't mean you're a failure, less competent or lessdesirable. "Divorce used to be something people didn't do, and many considered divorced women to be 'loose' and 'scandalous,'" says two-time divorcee Jennifer Little, PhD, founder of Parents Teach Kids. Some of those stigmas still exist, she says, so remember that divorce doesn't define you. "Divorcing just means that the relationship didn't work out," she says. "You haven't been rejected as a woman or a person, nor are you incompetent at being a wife, a partner, a lover, a friend."
8. The holidays will be harder than you expect. Amanda, 29, from Albuquerque, NM, was married for over six years until her divorce. "I wasn't prepared for the loneliness that accompanied Christmas," she says. "It amplified the concept of a broken home." She wishes she had made plans to see her mother or a friend—or taken a vacation—to take her mind off spending the holiday by herself. So make sure you stay busy during that difficult time of year.
9. Your kids won't tell you how they really feel about the divorce, but their behavior will. "Children feel a sense of responsibility for the breakup no matter how much the parents state it wasn't about them," says marriage and family therapist Lesli M. W. Doares, author of Blueprint for a Lasting Marriage.So monitor your kids' actions to understand how they're dealing.Watch out for little ones regressing in their behavior—acting younger, wanting to sleep in bed with you—or showing anger toward siblings and peers. Adolescents tend to act out by drinking, skipping school or disobeying curfews. To get things back on track, Doares suggests addressing issues as a family so everyone can talk about the changes together. Also, inform your child's teacher of the new situation, but don't automatically put your kid in therapy. "It can leave him feeling stigmatized or reinforce that the divorce is his fault," says Doares, though therapy's a good option if the behavior change is extreme.
10. Divorce can be freeing—and totally worth it. Annie, 47, from Boston, felt like she didn't have any talents, besides caring for her kids, before divorcing in 2007. She now has a blog, PlentyPerfect.com, and sees new directions her life can take. "Divorce can be the beginning of a good next chapter, even if you don't know how the book's going to end," she says. "Maybe you don't know what the options are yet, but they're out there."

Monday, September 3, 2018

4 Reasons Not To Listen To Divorce Advice From Friends & Family

This may just be the most important article you read regarding your divorce.
Going through a divorce is hard enough. The last thing you need is to get slanted, subjective “advice” from family and friends. I get it though, how can you not listen to them?
Don’t get me wrong, I’m not saying family and friends are intentionally trying to give you bad advice. No, not at all. I’m sure they have your best interest in mind. It just so happens that the advice they probably are giving you is bad and you should not listen to it. Take it from a divorce attorney who has seen this more times than I can count.
My clients would ALWAYS tell me some variation of the following: “My best friend’s sister went through a divorce can she got a, b, c and the dishwasher.” My response would be, “Okay, so what are you telling me? You want that, too.”
Divorce doesn’t work that way.
I describe divorce like a snowflake; no two are the same. Every divorce is different. It’s so fact sensitive that there is no way you can compare one to another.
Maybe you were married the same amount of time as someone you know who got divorced. Maybe you have the same number of children. But, that’s not how assets get divided.
There is a myriad of factors that attorneys and courts consider when discussing alimony and asset distribution. No two couples have the same assets. No two couples have the same marriage. That’s why you can’t compare one divorce to another.

Here are 4 reasons not to listen to family and friends for divorce advice:

1. They don’t know all the detail and facts about your marriage, even though they think they do.
If you’re close to your friends and family, they probably know about you and what’s going on in your life. However, I don’t care if you speak to them every day, I guarantee you they don’t know everything. They don’t know all your assets that would be subject to distribution; they don’t know all the numbers and finances. And even if you told them, they don’t know how to process that information objectively and legally so it would mean something to you.
2. They don’t know the law.
Unless your friend or family member is a practicing divorce attorney, they don’t know the            law regarding divorce. They might think they do, but they don’t know it all. Watching Divorce Court is not the same thing as being a divorce lawyer. Divorce law is         complicated and it all depends on the specific facts of your particular case. It’s not as simple as just splitting everything, taking an average, or basing child support on how many kids you have. Friends and family are not considering the nuances of your case.
3. They are not living the divorce like you are.
The only person who truly understands what your divorce feels like is you. The second closest would be your soon-to-be ex. Not your family or friends. I would compare their view to a fan watching the game from the stands. The fan can remove themselves from the game whenever they choose and maybe get a hot dog, or just leave the stadium if the game is boring. Not you and your divorce. You can’t escape it. Their advice is       coming from a different point of view, which might be good, but often it is either useless or makes things worse.  
4. They are not objective, which is the type of advice you need to rely on.
That’s why people hire attorneys. Although they are your advocate, they should be objective and advise you accordingly. A good divorce attorney acts without the emotional baggage that you are dealing with. Friends and family can’t do that. Just the nature of being your friend means they are not objective and probably are unconsciously trying to make things right for you. As a divorce attorney, I’m always straight up with my         clients; I tell them the good, bad and the ugly. The last thing you want is to be surprised when the judge decides something differently than you expected.
The Most Important Piece Of Legal Advice You Will Get:
Here it is…ready?  It will blow your mind.
Don’t listen to your friends, their friends, or your cousin’s brother’s friend.
Everybody will want to give you advice about what he or she got in his or her divorce, or better yet, what you should get in yours. Just tune it out.
You can’t compare your divorce to someone else’s. There is nothing good that can come from it. Focus on you. Seek out objective opinions and take subjective advice with a grain of salt.
Save yourself the wasted energy from engaging in conversation about other people’s divorce. Next time one of your friends or family offers advice to you on your situation, you can politely stop them from offering their advice to your situation.
If you are in the middle of a divorce, or about to start one, you have BIGGER fish to fry than to worry about another divorce, or what people are saying about yours. 
This is your life and only you will live with the consequences of the decisions you make.

Sunday, August 19, 2018

Mediation Information and Assessment Meetings (MIAMs)

Attending a Mediation Information and Assessment Meeting (MIAM) is now a requirement for most people wishing to take divorce proceedings to court.

Before you can start court proceedings over money, property, possessions or arrangements for children, you must usually have attended a MIAM. These meetings are designed to offer help and useful advice.
How MIAMs work
At the meeting, a mediator will try to work out if mediation can help both parties reach an agreement. Depending on your preference, you can attend the meeting alone or with your husband, wife or civil partner. During the meeting, you’ll be able to find out more about mediation and ask questions about the process. They can also give you advice on other services that may be able to help you.
After the MIAM
After the meeting, if you and the mediator feel that mediation can help you reach an agreement, you can start mediation sessions. If you are not going to start mediation sessions and you decide to apply to court instead, the mediator will need to sign the court form.
When you won't be expected to have a MIAM
The court won’t expect you to have attended a mediation meeting if:
  • A mediator doesn’t think the case is suitable for mediation and has said so within the past four months.
  • Either of you has made an allegation of domestic violence against the other within the past 12 months and police investigations or civil proceedings were started.
  • Your dispute is about money and either of you is bankrupt.
  • You don’t know where your husband, wife or civil partner is.
  • You want to apply for a court order but for specific reasons don’t intend to give your husband, wife or civil partner any notice.
  • The court application is urgent because someone’s life or physical safety is at risk or a child is at risk of significant harm.
  • The order is about a child who is already involved with social services because of concerns over their protection.
  • You’ve contacted three mediators within 15 miles of your home and are unable to get an appointment with any of them within 15 working days.
Source: www.gov.uk