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Ask any Pasadena divorce attorney and they'll tell you that $750 million is a whopper of a settlement. And that's exactly what several online media organizations are reporting Elin Woods will be walking away with from her soon-to-be ex-husband, golf superstar Tiger Woods. Sources close to the couple say the ink is almost dry on a divorce deal that would finally put an end to a marriage rocked by rumors of dozens of mistresses, sexual addiction, and domestic violence since last November.
The couple has been in negotiations for months; they allegedly hit a roadblock when a very aggressive divorce lawyer was representing Elin from California. Elin changed representation a few months ago and insiders say that the new legal team has sped along the divorce process. Both parties are said to be committed to ending the marriage as quickly as possible. Also, the general tone between Tiger and Elin has changed these days, reports Radar Online. The angry exchanges have been silenced and communication between the two is strictly limited to the needs of the children. Tiger and Elin are said to communicate primarily through staff members like nannies or personal assistants. The two were recently spotted at their daughter's birthday party and while witnesses describe the interaction as "barely civil," it is definitely an improvement.
The sad end for Tiger and Elin arrives nearly seven months after the car accident and domestic disturbance that opened a Pandora's box of marital discord and drama. Week after week a parade of porn stars, strippers and waitresses came forward, all saying that they had had affairs with Woods. This media circus forced Elin to return to her native Sweden with the children until things settled down. Elin reportedly forced Tiger to attend a sexual addiction rehabilitation facility and the couple was rumored to be heading for reconciliation. But peace talks for Elin and Tiger allegedly went out the window when Tiger returned to professional golf.
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| Tiger & Elin Close to $750m Settlement? »
Talk about blind-sided: The tabloids have been panting for weeks over the possibility of a reunion between Sandra Bullock and Jesse James. Gossip mavens wondered if she had forgiven him, or if the couple's newly-adopted son brought them back together. They wondered why they've been seen together recently. Well, wonder no more. According to Radar Online, Sandra Bullock pulled a fast one on the press and quietly signed divorced papers on Monday in Texas. The divorce papers, which were filed on April 23 in a Travis County court, were signed by both parties and ordered sealed, meaning the documents will not be released publicly.
Sandra certainly won't be needing divorce advice in Pasadena. She and her lawyers worked faster than the careening bus from Speed, the movie that launched her career, to get the divorce finalized. Bullock is said to be pursuing adoption of baby Louis as a single parent. Louis was adopted by the couple in January; the pair had started the adoption process nearly four years ago. Bullock told People magazine Louis' sock kept falling out of her purse on the evening of the Academy Awards but no one noticed. The actress told a very small number of family members and friends of the adoption, although most of her inner circle learned about Louis with the rest of the world in April. There is no word as to whether a custody arrangement will be reached with James or if he will be a part of Louis' life.
The finalization of the divorce brings to close one of the most shocking Hollywood scandals of recent years. News of James' infidelity spread like wildfire just weeks after Bullock had won the best actress award for the film Blind Side. Things went from bad to worse when James' mistresses like "Nazi stripper" Michelle Bombshell McGee came out of the woodwork with tales of affairs with James. Bullock, who has appeared at a couple of awards shows recently, has been largely in hiding since the story broke in March.
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« Divorce Help is Just a Click Away Online |
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| Sandra Bullock and Jesse James Are Officially Divorced »
During times of stress like divorce the first thing to fly out the window is our diet. We seek comfort in cheesy pizza, bottles of red wine and pints of Ben & Jerry's ice cream. Couple that with trips to the drive-thru on our way to our family lawyer in Pasadena and you have a recipe for diet disaster. While junk food provides some distraction and is certainly easy to find, it could be the worse thing to do while going through a divorce.
Recently, nutrition experts have been buzzing about foods and vitamins that can actually help us during divorce and other stressful events. Foods rich in Vitamin B top the must-have list, as the super vitamin is nature's way of providing energy while naturally regulating blood sugar levels that can get out of whack during stress. Some foods rich in Vitamin B include broccoli, lentils and fresh citrus fruit. Vitamin C also lends a hand the natural way during divorce. Eating foods like tomatoes and melons that are packed with Vitamin C can help us reduce high blood pressure while providing immunity with antioxidants. Magnesium also helps cut down stress levels; found in whole grains and fresh seafood, Magnesium has been shown to aid insomnia as it naturally encourages muscle relaxation.
Things to avoid during divorce include foods high in cholesterol, high in caffeine and large amounts of alcohol. Instead, doctors recommend long, vigorous walks that can stimulate endorphin production. Walking and hiking are also great escapes from your divorce to-do list. Yoga is another miracle cure for stress. The thousands-of-years-old exercise specializes in deep breathing and clearing the mind of worry. Yet no healthy meal plan or fitness regime is effective if you're not getting enough sleep. Studies show that lack of proper sleep can actually increase stress and more serious ailments like anxiety and even heart attacks.
So grab a bottle of water instead of vodka and replace that burger with a big salad and a good night's rest. Your health and your divorce may depend on it.
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When looking for divorce advice in Pasadena online, the choices can be overwhelming. Like self-diagnosing an illness with the "help" of medical resource websites such as WebMD, it is absolutely necessary to avoid determining the state of your divorce by spiraling into Internet-induced hysteria. But then where do we go, what do we click on and what do we avoid when researching divorce online? We've saved you the time and stress and dug up some of the best online resources to help you with your divorce.
A fantastic place to start is DivorceSupport.com. The comprehensive and no-nonsense site has been online for more than a decade and is widely considered the starting point when facing a divorce. Easy to navigate, the site is divided by state. After you have picked your location, DivorceSupport.com has downloadable legal documents, message boards where users can exchange experiences and offer advice and local listings of all the professional services needed. With an exhaustive number of articles and resources, the site delivers Divorce 101 in a straightforward and supportive manner.
For a more in-depth look at separation and divorce, Divorce360.com is worth a look. In addition to covering the legal necessities, Divorce360 has tons of articles on the emotional challenges that come along with the process. From dating and re-marrying to child well being and financial questions, there is no hot topic left uncovered. The site also offers real life divorce stories written by users and even videos devoted to the common issues that surround divorce.
There are a great many therapists and analysts who write and counsel about divorce online, yet it is hard to find one who's voice is worth listening to. DivorcedtoDazzling.com is one such site, however, which delivers the goods. Written by Canadian life coach Vanaja Ghose, Divorced to Dazzling gets to the heart of the emotional baggage taken along for the ride during divorce. Ghose speaks specifically to women to help them empower themselves after the life-changing process. Her blog goes deeply into some of divorce's trickier topics like self-esteem and addiction.
And finally, make sure to check out our ever-growing library of blogs and resources right here at Pasadena law blog. Not only can we help you find a family attorney in Pasadena but we discuss the latest divorce headlines as well as answering your questions about the process. Happy clicking!
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« LeAnn Rimes' Divorce is Finalized |
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Here's a trend divorce attorneys in Pasadena have yet to deal with.
In Japan, where divorce is on the rise, many couples are choosing to celebrate the ending of their marriages in a one-of-a-kind ceremony with families and friends -- many of whom attended their wedding. Throughout Japan, couples are throwing one last party together to signify the end of their relationship. The craze started about a year ago when Tokyo salesman Hiroki Terai opened a divorce mansion in a small space in the city. After witnessing a friend's difficult divorce, Terai was inspired to come up with a positive way to celebrate an otherwise difficult situation. Since then, nearly 30 couples have each forked over 50,000 yen (about $600 a person in U.S. dollars) to hold a ceremony with all the fixings of a wedding to publicly end their relationship before they file for divorce. Terai says roughly 900 people have contacted him regarding the ceremony.
The most recent couple to partake in the divorce celebration said goodbye to their relationship in front of loved ones earlier this month. Mr. and Mrs. Fujii were carried in separate rickshaws to the divorce mansion. Family and friends followed behind the couple on foot to attend the ceremony, where the soon-to-be exes smashed their wedding rings with a gavel adorned with a frog's head (frogs in Japanese culture represent change). The Fujiis both expressed their happiness and relief after the ceremony was over. Dozens of similar divorce services are popping up all over Japan but Terai has garnered headlines as the country's premier divorce planner. He will be taking his service on the road later this month to perform a divorce ceremony in Seoul, Korea.
Once seen as a cultural no-no in Japan, divorce saw a record 250,000 divorces in 2008. Financial stress due to a poor economy is seen as one of the chief reasons for the increase in Japanese divorces.
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LeAnn Rimes: nominated for a Grammy at 15, married at 20 and now divorced at 27. The country and pop songstress' divorce to Dean Sheremet was finalized last week. Like many young women seeking divorce help in Pasadena, Rimes is most likely relieved her long ordeal is finally over. Rimes and Sheremet separated last summer and a settlement was reached in December, just a few days after they filed for divorce. The final dissolution of the union comes after months of infidelity confessions, public trash talking and whispers of multi-million-dollar payout.
The trouble for Rimes and Sheremet began last summer. Rumors flew that the star was cheating on her spouse with Eddie Cibrian, whom she met while filming a Lifetime movie, filled the tabloids. Cibrian, who was recently fired from CSI: Miami, was also married at the time. At first the pair denied the rumors, but when Rimes and Sheremet separated more details of the affair were leaked to the public. Rimes eventually admitted to the tryst in US Weekly and apologized for hurting so many people. Cibrian and his estranged spouse Brandi Glanville are also currently divorcing. The couple has two sons. Sheremet has run the gamut from tear filled interviews to angry online declarations and has reportedly been granted spousal support.
LeAnn and Dean met in 2001 when she was the host of the Academy of Country Music Awards and he was a dancer on the telecast. Sheremet, who was also an aspiring actor, was described by LeAnn at the time as the man she knew she was going to marry. Less than year later, the pair tied the knot in Dallas. At the time of their marriage in 2002, concerns were raised that they had married too young. Nonetheless, Rimes and Sheremet appeared to be happy in the public eye, attending Hollywood events together for several years. Today, Sheremet is still pursuing an acting career while Rimes has released a new single in support of an album due to hit stores later this summer.
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The moral of the following tale? Don't hire a hit man to kill your spouse. Hire a family lawyer in Pasadena instead.
A new bill being mulled over by a California state legislative committee is seeking to remedy a dangerous loophole in the state's no-fault divorce code. As the laws stand right now, exes in California who have solicited the murder of their estranged wives or husbands still are entitled to collect financial rewards in divorce proceedings. Shockingly, the current law states that if spouses are convicted for murdering or attempting to murder their spouses, they are not entitled to a cent of the financial benefits agreed upon during divorce proceedings. But if they hire a third party to commit the act, they can still collect the victim's assets.
How this bill came about is like a storyline from daytime soap opera. The wife of Southern California police detective Bill Pomroy hired a hit man from a Las Vegas motorcycle gang to murder her husband after she had lost custody of their children. Instead of going through with the plan, the gang members called the cops. After a secretly taped phone call with the woman, she was arrested and found guilty of solicitation of murder. But thanks to the snafu in California law, the woman received $70,000 after she was released from prison as part of her divorce settlement. Sensing a severe oversight, Pomroy leaped into action to help get the new bill on the legislative floor.
In its currently considered form, the new bill hopes to put an end to financial gains for people who have tried to have their spouses murdered. Divorce laws differ in every state; in California, a couple's assets are usually split right down the middle during a divorce. Pomroy's championed bill amends the law to bar spouses who solicit the murder of their spouses from collecting any financial rewards. The assembly is set to hear this bill and others in the upcoming days.
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Before you visit your divorce attorney in Pasadena, it might be a good idea to clean up your Facebook page. According to a 2009 study conducted by Divorce-Online, nearly 20 percent of all divorces filed last year mentioned Facebook in court documents. What we post, who we "friend" and what pictures we appear in can impact our divorce cases and family members. So we've compiled a top five list of guidelines to help make your divorce and social networking easier.
1.) Keep it to Yourself: Resist the urge to change your status to "single" the minute your ex moves out. Children with Facebook pages may be hurt by brazen announcements of single-hood. Also, status changes can elicit dozens of "what happened?!?" posts on your wall, causing you to experience painful and annoying retellings of where it all went wrong. Until everything is final, keep your status on the down low.
2.) Untag and Delete: Your divorce is the perfect time to dump those embarrassing pictures that have wound up on your page. After all, those flirty pictures with you and a coworker while you were still married won't exactly help your divorce. Also, those drunken photos in Mexico can be viewed by lawyers and potential employers everywhere. If a friend has an embarrassing picture of you, send them a private message to remove it and also untag yourself from all incriminating photos.
3.) The Password is... Change: This is another "better safe than sorry" measure. Change your Facebook, email and other online passwords pronto if you're going through a divorce. We like to think our social network accounts wouldn't be plundered while going through divorce proceedings, but people can go a little crazy and it's smart to be cautious.
4.) Check Your Settings: You will undoubtedly have that one tactless friend who demands to know all the dirty details about your divorce via wall postings. Change your privacy settings that have wall posts get your approval before they can be seen by anyone else. Also, there is the option to block big mouth users from posting on your wall, too. This is a good time to also update and change the privacy settings on your kids' Facebook pages, too, in order to keep them safe from harsh words that might upset them.
5.) Reach Out: Facebook is a lot of fun, but it can also be a very useful tool during a divorce. By privately connecting with friends and family members on Facebook who have gone through divorce, you may be able to get a lot of tips, suggestions and loving support. Of course, this should be done only with those whom you trust. But the site can open doors to much needed help from loved ones around the world.
One final thought: Keep social networking in perspective. Sites like Facebook are meant to be fun, so try not to drag your complicated personal life on there. And just be thankful you won't have to split half of your Farmville possessions with your ex.
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Does it seem like all of your friends are seeking divorce advice in Pasadena? Moreover, it seems like every week a different celebrity couple is calling it quits. There may be a surprising cause for the divorce epidemic: According to psychologists and authors, divorce might just be a contagious phenomenon.
A new study conducted by political science professor James H. Fowler, a professor at the University of San Diego, along with researchers from Brown and Harvard universities, finds that like the common cold, divorce can spread like wildfire. The study found that couples that have close friends who divorce are more likely to end their marriage than ones that do not. Your decision to split may not only influences your friend but their friends, too, the study found. As Dr. Bonnie Eaker Weil, author of Make Up, Don't Break Up, explains, "Yes, it's contagious because when you see people breaking up, you start to look at your own marriage."
Friends, as it turns out, are powerful influences when it comes to relationships. Folks with a divorced friend were 147 percent more likely to get a divorce than those with happily-married friends. Also interesting: Through intimate conversations that reveal martial troubles and tell of one friend's divorce, the listener may not be affected but another friend who heard of the issues second-hand is likely to be the subject of divorce.
The virus doesn't end with just friends. Siblings who witness their brother or sister go through a divorce are 22 percent more likely to get divorced than those who don't have divorced siblings. Co-workers are also a big influence on couples, Fowler says. A divorced co-worker can increase the likelihood of a fellow employee divorcing by 55 percent as opposed to an employee who works with non-divorced people. Surprisingly, people with children were less likely to be influenced to divorce by other divorced couples, the study found.
In the end, how we as individuals react to a divorce epidemic varies from case to case. "Some people can be a carrier of the disease without actually exhibiting the symptoms," Fowler says while comparing divorce viruses to the flu. "They can carry a virus but they might not get a fever or cough."
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Theirs was a love made in reality television heaven (or hell, depending on how you look at it), yet Spencer Pratt and Heidi Montag have apparently called it quits and very well may be seeking divorce advice in Pasadena. The Hills stars have fought separation and divorce rumors for months, but last week things took an official turn when Montag filed for legal separation in a Santa Monica, Calif., court. After attempting to file in nearby Malibu, which does not handle divorces, Montag filled the separation paperwork, citing "irreconcilable differences" as the cause, in an effort to thwart her estranged husband from being entitled to any of her future earnings.
As always with these two, the separation is just the tip of the iceberg. The blogs are filled with rumors of infidelity, battles over money and the inevitable question of how "real" this whole separation is to begin with. And to think that it seems like only yesterday we were asking how "real" the marriage was to begin with! According to RadarOnline, Montag allegedly has hired a private investigator to determine whether Pratt has been dating other women. Pratt has fired back with affair accusations of his own, claiming that Montag has been involved with her bodyguard Cougar Zank (who recently invited the blond starlet to stay in his Malibu home; Pratt subsequently fired Zank from his guard dog duties). The legal papers seem to prove the split is legit, but columnists speculate this could be yet another ploy to keep "Speidi" in the headlines.
Meanwhile, the pair also garnished headlines for being broke. Sources say the couple's wild spending on everything from designer bags to plastic surgery has completely depleted their bank account. MTV's The Hills recently wrapped its final season, and financial prospects for both Pratt and Montag are few and far between.
Although Heidi Montag and Spencer Pratt have not filed for divorce officially, a legal separation is not a good indicator that the couple America loves to hate will be staying together.
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| Say it Ain't So! Spencer & Heidi Are No More! »
Last week's media bombshell of the separation of Al and Tipper Gore sent people scratching their heads and asking "what happened?" After all, most of us assume that when a marriage has lasted for more than 40 years, it's pretty much a "until death due us part" kind of union. Yet from Susan Sarandon and Tim Robbins to Sean Penn and Robin Wright-Penn, the trend of long-term marriages ending in divorce is definitely on the rise. And everybody, it seems, has a belief as to why.
According to an article in the Detroit Free Press, family therapists cite several reasons for why marriages like the Gore's could end in divorce after decades of staying together. The Gore's children have now grown and some experts say that many couples wait for this to happen as to keep the family unit stable. Also, one of the couple's sons was injured badly in a car accident, and the stress of the event -- like the stresses of children with handicaps -- can cause couples to drift apart, according to therapists. Another factor is that people are living longer, so folks like the Gores as well as Susan Sarandon and Tim Robbins -- in their fifties and sixties -- are ready to start new chapters at an age that was previously thought of as "the golden years." Many of theses couples also marry at very young ages, leaving little or no time for self-discovery, a project that now can be tackled later in life.
The simplest answer as to why long-term marriages end in divorce is that couples just grow apart. Sources say that it isn't unreasonable for a couple's needs, wants, dreams and goals to change after many years of marriage. Growing and changing are natural parts of relationships, and sometimes the parties involved do not share common goals as they get older. If you have grown apart from your spouse, get professional divorce advice in Pasadena today by giving us a call.
« The Truth About Cats and Dogs and Divorce |
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In best-selling books and on his hit National Geographic Channel show, Cesar Millan transforms the most unruly and ill-mannered dogs into loving family pets. His uncanny ability has earned him the title of the Dog Whisperer. In his own life, maybe Millan should have visited the Marriage Whisperer to get divorce advice in Pasadena. After 16 years of marriage, Millan's wife, Illusion, filed for divorce last week in Los Angeles court. According to court documents, Mrs. Millan is seeking primary physical custody of the couple's two children. The papers cite "irreconcilable differences" as the reason for the divorce.
News of the split came from Millan's popular Cesar's Way website. In a message to fans, he wrote, "We are sad to announce that after 16 years of marriage we have decided to file for divorce. The decision was made after much consideration and time. We remain caring friends, and are fully committed to the co-parenting of our two boys."
Cesar Millan grew up in Mexico in a small town. There, he often was teased with the nickname "dog boy" in reference to his ever-present canine companions. Millan had a dream of becoming a famous dog trainer, so he headed to Los Angeles with $100 in his pocket. More than 20 years later, Millan has built a multi-million-dollar dog training empire that includes four best-selling books, his wildly popular cable television series, a product line for animals, a national seminar series and a magazine. Millan also boasts a list of celebrity clients like Jada Pinkett-Smith, Kathy Griffin, Denise Richards and Oprah Winfrey, who has featured him as a guest on her talk show. Cesar and Illusion also a run a non-profit organization for animals in Los Angeles.
When it comes to families with business and financial ties like the Millans, it is important to seek out our own "Divorce Whisperers" to help us sort out what otherwise could be a messy task. Contact one of our family lawyers in Pasadena today.
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We Californians are crazy in love with our animals. Los Angeles starlets are often photographed coddling their pampered pooches. The city of San Francisco prides itself on having dozens of pet-friendly resorts and hotels. Meanwhile, San Diego boasts a rich and lengthy history of protecting and preserving marine life. Naturally, the Golden State also has special legal provisions in place to protect our furry friends caught in the cross fires of divorce.
On September 11th, 2007, California Gov. Arnold Schwarzenegger signed into law SB 353 which amended Family Code 6320. Under SB 353, family courts may grant exclusive care of any animal to a party. The courts also can take measures to restrain another party from taking, attacking or hurting an animal. This law aims to prevent any sort of revenge behavior taken out on a helpless animal and is treated very seriously. Participants who do not follow the rulings made under SB 353 could be fined or even jailed. A restraining order can be ordered so that one party stays away from the animal. On showing good cause, the provision grants the petitioner exclusive care of the animal or animals in question.
This being said, legally dogs, cats, lizards and all other critters are considered property so the terms of custody that apply to children are invalid when it comes to pets. Still, attorneys and judges alike have been known to step in and decide on terms of animal visitation and custody. Animals -- unlike lamps or appliances -- become members of our families, so it is no wonder that in divorce the question of who gets to keep Mittens or Rover can be highly charged and emotional. The best plan of action is to alert your legal team immediately about the animal and to enter mediation quickly to decide where the beloved pet ends up. For divorce advice in Pasadena, contact us today so we can help you protect your cherished pet.
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School is almost out; for many kids, that means stocking up on their favorite books from a local library or bookstore. Highly sought after titles about young wizards, lovelorn vampires or wimpy kids are at the top of most summer reading lists. Yet for children of divorce, books can be a great way to start the conversation about this life-changing and sometimes difficult process. Online retailers like Amazon.com as well as libraries and bookstores are filled with titles that speak to kids directly about divorce.
Two Homes by Claire Masurel is a top-selling book for young children between the ages of two and five. The book, published in 2003 and illustrated by Kady MacDonald Denton, takes a unique approach to divorce. The toddler narrator of the story, Alex, is the child of divorce. The twist? He seems pretty happy. After all, Alex gets to have more of everything he loves in his life. Two sets of toys, two sets of parents who care for him and two sets of friends are some of the benefits to Alex's life. Young children will love the bright illustrations and clever text while parents will find the positive message of the story refreshing.
For the preschool and first grade set, Standing on My Own Two Feet: A Child's Affirmation of Love in the Midst of Divorce is an excellent choice. Written by Tamara Schmitz, the book introduces us to Addison, a child of divorce. Addison knows that while things are different now, his parents love him and that will never change. The heartfelt message of this book brings great comfort to kids.
Lastly, for girls 8 years old and up, Help! A Girl's Guide to Divorce and Stepfamilies is a surprisingly thorough and honest look at divorce. As part of the American Girl Library, the book tells young girls everything they need to know about divorce, from what certain terms mean to how custody works. It also includes quizzes and advice from real girls who've been caught in the middle of divorce.
Of course, grownups have hundreds of books to choose from, as well. But more often than not, they need someone to talk to and someone with solutions. For real advice concerning the Pasadena divorce process, call us today.
« Even in Death, Dennis Hopper's Divorce Rages On |
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Her milkshake may have brought all the boys to the yard, and he may be widely considered one of hip hop's most influential artists, but Kelis and rapper Nas are now officially divorced.
A Los Angeles court granted the couple a divorce last week. The pair split in April 2009; Kelis cited irreconcilable differences in her divorce papers, which were filed just months before she gave birth to the couple's son, Knight. Since the filing, both sides have publicly spoken out about their distaste for one another and the terms of their divorce. Blogs and magazines have widely reported the showdowns since last April.
Kelis Rogers and Nasir Jones have been unable to come to terms on custody arrangements and spousal support payments. In early May, Nas begged a judge to reduce his monthly payments to Kelis, citing that he could not afford the hefty $10,000 installments. The rapper and producer also has stated that his now ex-wife has made visitation with his son impossible and that she remains uncooperative and hostile. In addition, Nas' camp has alluded to infidelity as being the primary reason for the split. Rogers, on the other hand, has stayed out of the debate for the most part, adding only that her ex owes her back child support. Nas has pled not guilty to the charges but could face jail time should a judge disagree. The case is set to go to trial later this year.
The Grammy-nominated Kelis and her rap mogul ex were married in July 2003. Other legal woes have plagued the duo along the way, including an incident outside a Florida nightclub that lead to an arrest for Kelis in 2007. Nas was arrested for DUI and possession last December and has faced other alimony disagreements with Carmen Bryan, his ex-fiancée and mother of his daughter.
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Outspoken actor and Easy Rider icon Dennis Hopper passed away last week. He was 74 years old. Sadly for the Hopper family, his pending divorce to his wife, Victoria Duffy Hopper, is far from over. Filed on the actor's deathbed last January, the divorce has been saddled with bizarre allegations of abuse, theft and even torture. Before his death, Dennis claimed that even for a man like himself who had been married five times, he never had encountered a divorce like this one.
Victoria claimed that Dennis had been physically violent to her and the couple's 6-year-old daughter. The actor, on the other hand, claimed that Victoria was mentally unbalanced and was granted a restraining order against her in February. Things went from bad to worse as Victoria refused to move out of the couple's home and Dennis filed papers in court claiming that she had stolen more than $1 million of his personal art collection and refused to return it. Finally, in April a court ordered that Dennis must pay Victoria $12,000 per month in spousal and child support. Just days before the actor's death, attorneys for Dennis tried to have his life insurance policy, which listed Victoria as the beneficiary, changed. The judge denied the request.
Now that Dennis has lost his long battle with prostate cancer, the fight for his estate is brewing. He and his legal team wanted to freeze Victoria out of his estate, but the divorce was not finalized before he died. Now it's up to probate courts to decide if Victoria is due a large sum of money from his estate. Lawyers for both sides are prepared for lengthy confrontations in court to settle the matter.
Situations like the Hoppers' are sad and can be complicated. Thankfully, no one has to go through any of this alone. If you or someone you love needs help with probate advice or divorce advice in Pasadena, please contact us. We can help.
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As a couple, Al and Tipper Gore battled the campaign trail, the record industry, the tabloids -- even global warming. Yet it appears they were fighting a private battle that they just can't win: After 40 years of marriage, former vice president and presidential candidate Al Gore and his loyal wife Tipper have announced they are separating.
On Monday, the couple stated via email that their long marriage was over.
"We are announcing today that after a great deal of thought we have decided to separate, " the email said. "This is very much a mutual decision and a mutually supportive process of long and careful consideration. We ask for respect of our privacy and that of our family and we do not intend to comment further." Website Politico broke the news of the email and soon after spokespeople for the couple confirmed the sad and shocking news.
The split comes as a big surprise to pundits and celebrity couple watchers alike. After all, the Gore's marriage has never been wrought with scandal like John and Elizabeth Edwards' or subject to tongue wagging speculation like that of Bill and Hillary Clinton's. Furthermore, the Gores appeared to be one of Washington's most stable and loving couples. Their devotion was immortalized by a famous passionate kiss at the podium of the 2000 Democratic National Convention.
Since losing the election in 2000, Al Gore has devoted himself to environmental causes surrounding the issue of global warming. This work spawned a best-selling book and an Oscar-winning film, both entitled An Inconvenient Truth. Gore also filled his time with entrepreneurial endeavors and business ventures like Generation Investment Management, a sustainable investment program, and the co-founding of Current TV, a cable network in which he also serves as chairman. Additionally, Gore works as a director for both Apple and Google. Tipper is a photographer and briefly considered running for Senate in her home state of Tennessee when the the couple returned after living in Washington.
Al and Tipper Gore have four adult children and three grandchildren.
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You
can't always choose what happens to you, but you can choose how to
react to -- and how you'll feel about -- your circumstances. Here's how
to use the magic of optimism to create a positive future for yourself.
By Dr. Dwight Webb
This
article is about being optimistic about your own life with regard to
those issues that are within your control, namely your attitudes about
circumstances, your choices, and your behaviors. That's a lot!
Being
blindly optimistic about circumstances that are beyond your control
will certainly create conditions for experiencing disappointments. But
for those many conditions that are within your control, you'll find
that optimism works very well for you.
Optimism Is Learned
Optimism
is magic because it pays off and feeds on itself, begetting more
optimism. An example of this circularity is: you feel good about life
because you feel good about yourself, and you feel good about yourself
because you feel good about life. It is like a two-cycle reciprocating
engine, and choosing positive attitudes is your fuel. For example,
believing that life is good and that you have many opportunities sets
up the condition for taking responsibility to create desirable outcomes
that result from your positive action. Your view of the world is
validated because you look for good everywhere, are open to it, willing
to work to make it happen, and find delight in it each time you prove
yourself right.
We
learn our life-explanatory style according to what pays the greatest
dividends. When you were growing up, if you were rewarded with lots of
admiration and praise and received status from your family and your
friends when you behaved in a cynical or skeptical manner, your
behavior and your attitudes were shaped by those reinforcing payoffs.
Likewise if you were given lots of admiration, praise, and status when
you were positive and hopeful, these optimistic behaviors and attitudes
are probably still with you today.
Belief Systems Are Self-Generating
Belief
systems are like the four seasons, where each season prepares the
ground and conditions for the next. There's a built-in interdependency
to the cycle.
If
your family and friendship support network has reinforced your
skepticism or negativism, you'll have to work hard to build faith and
confidence in yourself and in your world. If you find yourself with a
lot of negative self-talk, you'll need to counter your negativity with
affirmations in order to change your belief system. For example:
-
Negative Voice: I was betrayed and I'm not going to trust being intimate again.
-
Countering Optimistic Voice: My hurt is from a specific experience, and it doesn't mean that intimacy should be avoided.
-
Affirmation: I will find another person to love with whom I can build a life.
If
you have been discouraged rather than encouraged, how do you regain
faith and build confidence? How do you rebuild that hope inside that
has been crushed and buried, covered over with doubt and cynicism? Most
adults have experienced some disappointments and failures along the
way. We're told that these are good lessons for dealing with the
realities of the world.
To
be optimistic and idealistic is often considered to be naive by adults
who are jaded by their own disappointments. These are people who have
long since given up their own sense of hope, and they don't like to see
it in others. Many men in particular have surrounded themselves with
armor to protect themselves from anyone who would put them down for
their optimism and idealism. But it's important to consider the source
of such criticism, and to realize that those who judge you are really
saying more about themselves than they are about you. If you empower
them by believing them, you're at anchor in their harbor of limitations.
Ten Steps to Harness Optimism
The
following ten steps will be a guide for you to build your optimism and
to restore your faith and confidence in yourself and in your world of
experience.
|
| 1. |
Examine Your Belief System
Examine your attitudes, values, opinions, priorities and all the
behaviors that go into making up who you are as a person. Are they
working for you? Do they keep you stuck? Are you open to grow and to
tap into your potential?
Tunnel vision, or rigid and absolute thinking, will close out your
options and increase your chances for "psycho-sclerosis" or "hardening
of the categories."
Change will require you to entertain new ideas and divergent thinking.
It will require you to be experimental as you weigh and try out your
options. It will require you to look within. Change is never easy.
Patterns of behavior are difficult to repattern, but change is possible
if you're willing to believe it and willing to try it.
The sidebar, "Polarized Viewpoints," (below) provides you with an
opportunity to see yourself on a variety of levels. We all fall
somewhere between the poles of these perspectives of our world as we
experience it. Where you are on these optimism vs. pessimism issues
will affect your attitudes about recovery and well-being. A pessimistic
person will expect the outcome to be negative in order to fulfill his
or her prediction that things will turn out badly. The optimist, on the
other hand, doesn't expect any outcome that isn't to his or her
advantage.
You
wouldn't be reading this article and trying to recover from your loss
if you had not already decided that you want to take advantage of your
optimism and faith in yourself, even if that hope is just a glimmer at
this point. Admit that you do hope that your life will work out for you
very well indeed. Admitting it will help make it happen.
|
| 2, |
Take Responsibility to Choose
Ask yourself: "What do I really want? Am I willing to commit myself to going after it?"
While I was single, I knew that I wanted to be in a committed,
intimate, and spiritually bonded relationship. I knew that I'd look for
that and be open to it. I also knew that while luck might enter in, a
large part of what I get in my life experience is what I plan and take
responsibility for creating.
Making clear these judgments of what I really wanted put them in focus
for me. The following is a journal entry four months after my partner,
Sally, left me. "When I wake up in the morning, I have choices.
Ultimately I am free to choose to be happy or to be sad. Happiness
feels better! My goal is happiness, which is to get what I want, or can
imagine I want, without interfering with the rights of others."
Looking back on this journal entry, I see how holding that positive
sense of freedom of choice helped me to get on with my life. Every
morning, you have considerable influence on how that day will go for
you by the way you choose to view your circumstances and your options.
You must be willing to own and claim those value judgments that define
life the way you'd like it to be.
|
| 3. |
|
Exercise
In
a journal, write down several positive things that you'd like to
achieve. Underscore the affirmation that highlights your responsibility.
For example: "I want to be well and happy, and to share my life with an intimate partner. I will work to achieve this."
For
now, focus on two or three things that will help you achieve your goal,
and write them down. Repeat these affirmations several times daily for
a week or until you begin to see and feel a shift toward really
believing these affirmations, and find yourself behaving in ways to
make them happen.
|
|
Believe What You Want is Possible
Following
the recovery path may require you to change your belief system. Before
you can know what you really want, you must examine what you believe is
possible. You need to believe that you're going to be well and happy;
that you'll be fine. Own this feeling and honor the belief that it's
possible.
There may be unexplored negative
feelings you have about your self-worth. If there is a destructive
voice within you that says: "You don't deserve to be happy in a love
relationship," you need to examine where this voice is coming from.
Ultimately, you'll have to counter that negative message with a
positive rebuttal: "Yes, I can have happiness in a love relationship,
and I deserve it."
Our belief systems are shaped by our family and cultural architects who
draw our boundaries. They make us feel safe and tell us who we are.
When we challenge our beliefs, we threaten the very fundamental view we
hold of ourselves: where we stand, how we are known, and how we define
ourselves in the world. Challenging your long-held belief systems will
not be easy.
There's an internal sense that says we should be true to ourselves and
all the beliefs we hold. Anything less than fidelity to ourselves is
seen as a very fundamental betrayal.
At the same time, there's an intuitive voice in you that says: "The old
ways are not working." A new emerging voice is saying: "I need to
change some things about myself. I can alter my attitudes and my
behavior if I choose to." Then there's a forceful voice in you that
says: "I can grow -- not just survive." You'll need to be disciplined
in practicing these affirmations because any protective armor you carry
will fend off the threat of change. For men, this armor may be quite
thick for defending against feelings.
|
| 4. |
|
Exercise
Take
time to be alone and to let yourself daydream and imagine your full and
happy recovery. Do something good for yourself each day that will help
you reach the goals you envision.
|
|
Get an Image of What You Want
We all have the ability to visualize ourselves in time and space. For
example, you can easily get a picture of yourself having breakfast this
morning. You can also look ahead and see yourself in an activity next
summer.
These images, which sometimes flow as daydreams, are the stuff from
which our psychic energy goes forward. We begin to get pictures of what
we would like. Here is another journal entry. "I must first imagine
that much is possible. As I get a picture of what I want, I begin to
see the steps it will take to get me there."
As we daydream, we get ideas and gather images; we begin to form goals
and build a coherent and believable picture of the way we want our
lives to be.
The images we hold will tend to be fulfilled unconsciously because we
will intuitively behave in ways to act out what we see on our
unconscious screen. If we see blaming and anger, we will project these
onto all our experiences, and tend to dwell on them. If we project
light, love, power, and joy, then this is what we'll plant and what
we'll reap. Those who won't let themselves imagine or believe there can
be a better way probably won't see opportunity when it presents itself.
|
| 5. |
Chase Out Fear and Doubt
To
adopt a pessimistic view of your world is to limit the range of your
possibilities. If you're full of skepticism, you're essentially telling
yourself: "It will never work! Stop exploring and trying. Don't dream
of anything better."
|
Negative Self-Talk
|
Positive Self-Talk |
| I can't do it. |
I think I can do it. |
|
It will never work.
|
Something will work out. |
| It's hopeless. |
I'll find a way. |
| It's no use. |
If I work, I can do it. |
|
Our
culture gives us clichés to let ourselves off the hook. For example, we
learn to say: "I'm doing the best I can," and "Nothing can be done," or
"What will be, will be." We don't have to try: we can choose to remain
helpless and to suffer the disappointment that we expect. Consider the
examples of how you put yourself down listed in the box "Some Ways We
Program Negativity", and write your own unique self-put-downs in your
journal.
Noticing
these negative or cynical attitudes in yourself will help you begin to
screen out that which is self-defeating. If you predict failure, you
build a prophecy that is self-fulfilled. Here are some examples of how
you can chase out negative self talk.
When
we give value to a particular belief, we're in effect programming our
minds, just as surely as we can program computers. If I tell my brain
computer that "I'm okay," then my behavior (print out) will be okay.
This is the same reason that placebos work: we believe they'll work,
and our body cooperates with our belief. Belief is a powerful program
we write for ourselves, and sometimes these beliefs are distorted.
Ultimately,
your negative voices will feed any depressing thoughts you may have.
The positive voices, on the other hand, will instill hope and help you
to create images that focus on what you can do to make good things
happen.
|
| 6. |
Create Rebuttals
All
put-downs are destructive and full of distortion. If you're saying
negative things to yourself, you must work diligently to create
rebuttals -- writing out a new script expressing just the opposite of
any negative programming. For example: "I am good! I am worthy! I am
competent!" and so on. Even if you don't yet believe it, write it out
and put your name on it.
"I, _________________________ (place your name here), am a good person."
If
we don't offer rebuttals to pull us away from our negative
self-statements, we'll remain locked into our depression and low
self-esteem.
|
| 7. |
Expect Positive Outcomes
We
tend to get what we expect. We filter all our experiences through our
belief system, holding onto that which supports our beliefs. If I
believe the world is not abundant, then I won't expect to find much. If
I expect the worst in life, I'll likely find it because I'll be looking
for it at every crossing. For example, if you believe that people can't
be trusted, you'll find evidence to prove yourself right. We like to be
right, because:
- it helps us save face,
- it makes life more predictable if we can find or create evidence that our view of the world is accurate,
- it helps us feel strong because we can point out our convictions that have been validated,
- and we might even be admired and respected for it.
Expectations
play a huge part in the direction our lives take. People tend to
perform and behave very much as they believe they're capable of doing.
If you believe that you're not very capable, or entitled, it's likely
that this is how you'll behave. The opposite is also true: if you
believe that the best outcomes will occur, you'll likely find them
because you'll be looking for them and trying to create them.
If
you expect good things as you face new experiences, you'll put out
positive energy that attracts other people, and you'll increase your
chances for getting what you want. This is not to say that every
success factor is within our total control (there are clearly outside
circumstances), but in long-range matters of our own choosing, in which
we define how we would like to be, our expectations play a significant
role.
|
| 8. |
Be Open and Flexible
Being
open and flexible means avoiding black-and-white, right-and-wrong
thinking. Avoid words like "always" and "never" because they're too
rigid, particularly if they're uttered publicly. Here are examples of
moving toward more flexible self-talk. If you're feeling betrayed, you
might say:
-
Rigid: "I don't trust this person, and I never will trust anyone again." Notice the absolute "never" and the generalization "anyone."
-
More Flexible:
"I don't trust this person now, and perhaps I'll never trust him or her
again." Notice that this statement is time specific -- "now,"
suggesting I might feel differently later. "Perhaps," leaves things in
the maybe. This statement is specific to "him" or "her," and not
generalized. There are no fixed or negative predictions.
-
Options Are Open:
"I have been hurt by this person, and I am choosing, for now, not to
trust him or her." Notice the specific feeling -- "hurt" -- the
decision -- "I choose" -- and the specific person -- "him" or "her." In
this latter case, the feeling behind the mistrust is recognized.
One
of the reasons men in particular often take dogmatic, absolute
positions is that we've been conditioned to take a tough stand. We have
learned that if we're flexible, we'll be seen as wishy-washy, having no
convictions. Men feel that such a judgment will lower their status with
their peers, their power, and in an evolutionary sense, their survival.
Our consciousness is shifting, and our culture is moving away from this
bravado that has been carried over from pre-historic times. The truth
is that most of our friends won't condemn us for being open and
flexible.
|
| 9. |
Keep the Faith
Faith
captures our most deeply-held human thoughts, feelings, and
convictions. It encompasses hope and is founded in the belief that a)
the world is good and can be trusted, and b) I am capable of creating
and deserve to have that which I want. Holding these beliefs is an
inner expression of my faith.
As
you change your belief system toward being more optimistic, you may
feel at times that your confidence is a thin mask and that your faith
could be shaken. In these moments, affirming your intentions will help
you project confidence and strengthen your belief in yourself. Others
will pick up on the optimism you project, and will see your good
fortune as no surprise. The opposite is also true: if you project
doubt, others will believe you don't really feel that you deserve
positive things to happen.
Here's
an affirmation: "I'm entitled to choose -- and get -- that which is in
my best interest." As you affirm this, you'll come to believe that you
deserve what you choose.
Fear
may be an unconscious way in which we sabotage ourselves. If I'm afraid
to become intimate, this fear will be communicated to my partner as a
lack of faith in myself and in her. I may be signaling this fear and
self-doubt as a way of preventing me from loving again in order to
protect myself. The same is true if I am afraid that my partner might
leave me. I would be, to some extent, predicting it and expecting it.
If I project fear, insecurity, and uncertainty about being in a
relationship, I present myself as being unworthy of equal respect and
mutuality in a relationship. Cast out fear!
|
| 10. |
Take Responsibility for Making it Happen
Loss
can be a powerful and accelerated time for learning and growth. There
is a void created where there was once a rich experience. This gradual
emptying out and fading of memories connected to the past creates the
conditions for rebirth.
We
come to realize that if we are to survive and to carry on, we must do
something. We must act! Our personal crisis requires us to somehow
create a new experience.
"There
are so many things to see, activities and avenues to pursue, people to
meet that I wonder how I will find the time to do all that I would
dream of doing. I can go for a walk on the beach or in the woods; go to
church; read a book; call a friend; go to a movie, museum, or concert;
pet my dog; water my plants; listen to music, and on and on..."
In
the above journal entry, I focused on life's possibilities to avoid
feeling victimized. I realize that I, like others, am a complex person
with edges of growth in being a better parent, in being a more
effective professor and counselor, artist and musician, builder and
whatever. All of these dimensions challenge me. Lots to do.
|
|
Claim this Affirmation
"There
are unlimited possibilities of things to do and places to go. I am
aware that I make choices about prioritizing and providing balance in
my life. I realize that the decisions I make and the activities I
choose are totally my responsibility."
Getting Ready for the Next Step
It
is to your advantage to assume an attitude of optimism about recovering
from your loss. Since your brain is a lot like a computer, you program
yourself with optimism or pessimism. The printout you get in life
depends on the beliefs, attitudes, intentions, and decisions you put
into your computer-like brain. The quality of your output is equal to
the quality of your input.
Your
attitude toward life has a lot to do with what you'll get out of life.
If you can get your mind set on an optimistic track, all the rest will
be taken care of. With optimism, there is a much greater chance that
you can experience more awe, wonder, reverence, and gratitude in your
life.
Another Affirmation to Claim
"I
believe it is a plentiful world for meeting my needs and wants. I will
find ways to nurture myself. I am eager to be in the world, to explore
and find satisfaction in each encounter and experience in my life.
As
I open to my world of possibilities, I begin to let myself imagine my
options. I am able to visualize choosing and finding my own best path.
I expect good things for myself as I prepare to make a plan to get where I want to be."
Suggested Exercises
Say to yourself the following affirmations:
- I am a survivor.
- I can trust my inner wisdom and strength.
- I can tap into these powers within.
- I will let myself be hopeful and optimistic, knowing that this will bring good things to me.
- I can choose to become what I want to become.
- I believe these things to be true.
Make
a list of any negative beliefs you hold about yourself. Be willing to
suspend these beliefs for one week, and keep extending it.
Catch
yourself in self-discounting and refuse to put yourself down. Be open
to listening to optimistic viewpoints that oppose your negative
self-talk and make a list of rebuttals to counter your discounting.
Look for negative self-talk and catch yourself doing it and immediately
say: "Stop it...these things are not true." Then counter with a
positive statement that affirms you as a person. For example:
- I am a good person.
- I am worthy and I deserve love.
- I am confident and intelligent and I can do many things.
- I am unique and have many wonderful characteristics.
- I choose to be happy and to celebrate life.
Picture yourself being successful in getting what you want.
This article has been edited and excerpted from 50 Ways to Love your Leaver: Getting on with your Life After the Breakup
by Dr. Dwight Webb. A professor of counseling at the University of New
Hampshire, Dr. Webb uses his personal journey from grief to joy to
illustrate this guide for those seeking to survive the end of a
relationship. With compassion and insight, he offers practical
exercises, expert guidance, and encouragement to help you with your
healing journey. |
« How To Get a Divorce |
Main
| Think Positive! »
Certified
Divorce Financial Analysts offer their best tips to help you avoid
some of the most common mistakes made by divorcing people.
Edited by Diana Shepherd, CDFA
Understand your financial and emotional limits.
When
you understand yourself, you are better equipped to be objective. This
saves time, which leads to cost savings. If you are not prepared to
look at reality - without the emotional entanglements - the outcome
will never be what you need, let alone what you want. Instead of asking
"why" questions, which lead to people becoming defensive, try asking
questions that start with "how." For instance, asking, "How did you
come to that conclusion?" leads to a discussion about process. It
allows both people to step back from the brink and look at things as
they are.
Armand
D'Alo (CFP® and CDFA™) of Oak Tree Advisory Services has worked as a
financial analyst in private practice for more than 25 years. Located
in Carlsbad, CA, he holds a degree in finance and family counseling
from Brigham Young University. He can be reached at
info@oaktreeadvisory.com.
Settle out of court.
When
given the choice to settle at mediation or settle at trial, always try
to choose the former for two reasons. First, going to trial is very
expensive: typically, the only ones who win are the lawyers and
experts, which leaves a smaller "pie" for the divorcing husband and
wife to divide. Second, going to trial is risky because all of the
decisions are left to the judge who has known the parties for a few
hours at most; in mediation, the divorcing parties still have 100%
control over how things will be settled (assuming they can come to an
agreement).
Joseph P. Mirandi
(CPA, CVA, CDFA™, MST) devotes a large portion of his practice in
Lakeland, FL to assisting lawyers and their clients in divorce-related
matters. He also has an extensive tax practice, and is certified in
preparing business valuations. He can be reached at (863) 607-4222 or
via www.huttomirandi.com.
Know what you have - and what you need.
It
is very important to know what assets you own, the value of those
assets, and how they are held. This should cover everything from
retirement to investment to bank accounts, as well as future pensions
and social security. Make copies of your and your spouse's tax returns.
These returns can help explain to a financial advisor a lot more than
your income and taxes paid: they can help find assets, capital gains
and losses, depreciation, and business expenses. The tax returns are
also helpful in uncovering assets that a spouse might have hidden.
Before splitting your assets, you should think about what you need: you
must create a budget, identify which assets will help ensure your
financial security, and negotiate for this.
Jim
Newman (AWMA, CSA, CDFA™) is the Senior Vice President - Wealth
Management at Janney Montgomery Scott in Ponte Vedra Beach, FL. He can
be reached at (866) 226-9935.
Identify your priorities.
It's
important to be frugal given that you have to manage the cost of
separation and divorce, along with meeting your basic life needs. Try
to follow a balanced approach, and don't let your pride get in the way
of accepting and/or asking for help from family and friends when you
really need it. If your ex-to-be is prone to unpredictable behavior,
you must find a safe place for you and your children to live. Don't
forego your personal security; prioritize this above other more
"materialistic" items.
Dr.
Linda Cousineau (Ph.D., CDFA™) is a divorce survivor who is committed
to helping others through the separation and divorce process through
education and financial advice. In practice in Toronto, ON, she can be
reached at (416) 988-2399 or via drcousineau@rogers.com.
Do your financial homework.
If
you do your financial homework, you will be able to recognize a fair
offer rather than settling for too little or rejecting a reasonable
offer. Even if you have never seen a retirement plan, investment
account, or bank statement, information is available if you know where
to look. Contact the Human Resources Department at your spouse's
employer and ask about any and all benefits. As a spouse, you are
entitled to know about current and future benefits; be sure to ask if
there's a pension plan in place. Review your last two or three tax
returns, which will list any interest earnings, dividends, or capital
gains that were reported. By comparing the financial affidavit to the
tax return, you can reconcile assets and look for omissions. Finally,
prepare yourself for the post-divorce lifestyle change by figuring out
what your long-term needs will be and making a budget.
Gina
Gallo (CFP®, CDFA™) provides objective financial consultations for an
hourly fee in Melbourne, FL. She can be contacted via
ggallo@galloandrussell.com or www.galloandrussell.com.
|
Don't Let Your Emotions Rule Your Divorce
Going
through divorce can make you feel like the captain of a leaky boat on
stormy seas - there seems to be a new crisis at every turn. But don't
let uncertainty whip you into an emotional tizzy: the more frenzied
your emotions, the longer the proceedings and the more costly the
divorce. Here are five strategies to help you separate emotions from
economics:
- Don't let guilt rule you. "Please
release me, let me go" goes the country song, but don't give up
everything to buy your freedom. Your spouse will still be unhappy, and
you'll be equally unhappy when you find yourself impoverished by your
foolish gesture.
- Don't make nice to get him or her back.
Even if you hope your divorce will end in reconciliation, don't bend
over backward to make it happen. Stand up for yourself and get your
share. If you reconcile, that's fine, but if you don't, you'll still be
able to take care of yourself financially.
- Leave revenge at the door. Legally,
it probably doesn't matter who did wrong. Revenge is costly, and a wild
rampage is bound to turn out poorly. You might even end up paying your
spouse's attorney fees.
- Don't succumb to threats, or threaten your spouse. Money
and power are emotionally linked, but you can't use money to control
your spouse and get your way. Whatever you can't agree on will end up
being split between your attorneys.
- Focus on problem-solving, not fighting.
Don't let meetings with your ex turn into posturing to show who's in
control or how smart you are. Settling your divorce is the problem you
must confront, and it won't get solved by fighting.
Ginita Wall (CPA, CFP®, CDFA™) is the author of several books, including The Way To Save, The Way To Invest, and Your Next Fifty Years.
She also originated the "Second Saturday" workshop on divorce, and is
the co-founder of www.wife.org (the Women's Institute for Financial
Education). In practice in San Diego, CA, she can be reached at (858)
792-0524 or via www.planforwealth.com.
|
|
Pensions can be worth more than houses.
Trading
their share of a spouse's pension for the marital home is one of the
most common mistakes divorcing people make. The marital home and the
retirement plans are likely to be the largest assets in your marriage.
Many people have such an emotional attachment to their home that they
cannot fathom life in another house. The house, though, usually comes
with high mortgage payments, maintenance and repair bills that can
devastate a person's finances. Even though the value of the house might
be equal to the value of the pension at the time of divorce, they are
apples and oranges. A house requires repairs, maintenance,
improvements, property taxes, and assessments - all of which require
income; a pension, however, simply produces income. Before you become
satisfied with a 50/50 division of assets, you must consider your needs
for liquidity post-divorce: you can't sell a windowpane to put food on
your table. It's not how many assets you have - it's what you can do
with the value of those assets that matters most.
Garrick
G. Zielinski (CFP®, CDFA™) is president of Divorce Financial Solutions
in Milwaukee, WI. He has been providing divorce financial counseling
and divorce financial analysis to individuals and attorneys since 1986
and has testified as an expert witness in many court cases relating to
the financial aspects of divorce. He can be reached at
web@divfinsolutions.com.
Make the best use of your lawyer.
You
can help your lawyer (and cut your costs) by making sure you have
copies of all important financial documents related to your marriage,
and by keeping track of expenses during the divorce process. Remember
that your lawyer is not your psychiatrist: there is no point in telling
your lawyer all the feelings you have towards your
soon-to-be-ex-spouse. Letting your lawyer hear about your feelings will
only make your wallet thinner. If you need to talk to someone, hire a
psychiatrist - or talk to a friend if you don't need professional help.
Finally, ask your lawyer and/or financial advisor to help you identify
which decisions absolutely need to be made now, and which can wait
until your emotions are under control. Big decisions made in an
emotionally unstable state of mind usually turn out to be expensive and
non-sustainable ones.
Stacy Francis (CFP®, CDFA™) practices in New York, NY. She can be reached at (212) 374-9008.
|
| How To Get Your Fair Share
When
it comes to divorce, two old adages are worth remembering: Knowledge is
power, but ignorance is not bliss. The vital first step to a
financially-fair divorce is to get organized as soon as possible. If
you know little about your family's money situation, you must gather
information and take other important financial steps:
- Copy and understand income tax returns and investment reports
- Review current pay stubs with deductions, bonuses, and expense reimbursements
- Establish a credit history in your own name
- Order a copy of your joint credit report
- Research and verify the ownership of all assets (e.g. stocks, bonds, annuities) and how they are registered
- Review life, medical, and disability insurance policies
- Understand employee benefits summaries, mortgage terms on the family home, vacation and rental properties
- Clarify the terms of pension and profit-sharing plans.
This
level of organization will help your advisors be more efficient with
your time and may save you money in the long term. It also will begin
the process of empowering you with financial decisions and allow you to
control your divorce.
It
will also help pave the way for a new beginning, setting new life goals
worth pursuing and a release of the emotional baggage of the past. When
women protect themselves in divorce, they feel engaged in many other
areas of their lives; ultimately, they move forward into a powerful
financial future and a secure life.
Kathleen
Miller (CFP®, CDFA™, MBA) is president of Miller Advisors, a
wealth-management firm in Kirkland, WA. Her book, Fair Share Divorce
for Women, will be published by St. Martin's Press in January 2007. She
can be reached at www.milleradvisors.com.
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Take a "big picture" approach.
Clarify the issues that are most important to you and keep your primary
focus there. These issues should concern both finances and parenting.
Consider refining these issues with the help of a financial or
mental-health professional who can provide the focus, objectivity, and
long-term vision that may be difficult for you at this tumultuous time.
By clearly articulating your needs and goals, you will expend less
time, money, and emotional capital over the small stuff - or by seeking
to redress emotional hurts in ways that the divorce process really
can't address.
Amy
Whitlatch (CFP®, CDFA™) has been specializing in divorce issues since
1998. Based in Cincinnati, OH, she has assisted in more than 300 cases;
she can be reached via www.amywhitlatch.com.
Four keys to surviving divorce.
There are four basic things that you will need to survive divorce: a
place to live, little or no debt, retirement assets, and liquid money.
You should strive for a balance of each of these. You need a mix of
each of these categories - not an abundance of one category and none in
the others. There are three different general phases of the divorce
process: the beginning, the middle, and after the divorce. In each of
these stages, your budget may be different, so you should make sure
that you have liquid money available at all times. In the beginning,
you will need liquid money for the retainer to hire a lawyer. You
should consider putting this liquid money in a money market account
rather than a savings or checking account; this is a vehicle where you
are able to earn more interest on your money. Make sure you understand
what a money market account is and what it can do for you before making
any decisions.
Nicole
N. Middendorf (CDFA™, LPL Financial Advisor) focuses on divorce and
retirement planning in Plymouth, MN. She can be reached at (763)
231-9500.
Understand your disposable income after divorce.
After divorce, you may be receiving different types of income -
employment earnings, spousal, or perhaps child support - some of which
will probably be taxable. In the midst of support negotiations, you
need to know how much you'll actually be left with each month to
understand the impact of a proposed settlement. To figure this out, you
first need to separate the taxable and tax-free income amounts you will
be receiving. Total all your taxable income, estimate and subtract the
tax payable, and then add the tax-free income amount to the after-tax
figure. Be aware that additional taxable income may move you to a
different tax bracket, so be mindful of the tax rate you use. Compare
your after-tax income to your expenses to create your new budget. If
you're not sure how to do this, get help from a financial professional.
Calculating your net disposal income is critical to helping you budget
and to understand your new financial reality after divorce.
Eva
Sachs (CFP®, CDFA™) is the founder of Women in Divorce Financial,
located in Toronto, ON. She can be reached via www.womenindivorce.ca.
This
article is part of a series of helpful tips offered by members of the
Institute for Divorce Financial Analysts™ - the premier national
organization dedicated to the education and certification of financial
professionals in the divorce arena.  |
« Why not Collaborate on Divorce? |
Main
| Avoiding Common Pitfalls »
A step-by-step layman's guide.
By Greg Reid
I obtained my divorce in 1997, finalizing a process
that started in 1993 when my ex first mentioned the "D-word." While
divorces are certainly obtained in a much shorter timeframe, I don't
think that my experience is unusual for those with children
of the marriage to consider and a career to keep them busy in other
matters. I've learned quite a lot in the process, and would like to
share my experiences with you in the hope that they might save you some
time, money, and/or grief in your own divorce proceedings.
I'll caution that I have no legal training,
and have tried to stay away from legal jargon as much as possible. Also
keep in mind that not everything in this article will be relevant to
your own situation. Consult a lawyer before getting into any actual separation or divorce proceedings.
Do you really want a divorce?
The first step is to try everything possible -- including mediation, therapy groups,
the clergy, an uninterrupted vacation, your closest friends, and
whatever else might help -- to try and keep your marriage together! If
you have children of the marriage, all the more reason to try your
hardest to work things out with your spouse. (I hasten to add, however,
that keeping a bad, acrimonious marriage together "for the kids" isn't
really in your children's best interests. There is plenty of literature
available on this subject; or you might want to consult a child
therapist.)
You
might think that things have deteriorated too far in your marriage to
be able to save it, and that a divorce is your only option. But except
for cases of chronic physical or emotional abuse, there's almost always
some hope. Investigate all such avenues. If you think that a divorce is
going to be easy, and that it's going to solve all of your problems,
think again! Divorce is hard, time-consuming, and can be quite
expensive financially and emotionally. Go back and work one more time
on saving your marriage; if successful, you may find it even stronger
for the "close call," and you'll likely become more intimate with your
spouse and your children because of the effort expended and your new
perceptions of what your marriage really means to each of you.
Don't
scream out "I want a divorce!" in the middle of a heated argument. If
this piece of advice has come too late for you, don't panic. Try to
talk things out as calmly as possible with your spouse. You've at least
obtained his or her attention in the matter. Now try to set things
right.
If
you and your spouse decide to try mediation or counseling, divorce
attorney Susan Kunstler has a cautionary note. "Once you're involved in
the process," she says, "do a 'reality check' after a certain period of
time to make sure you don't get caught in a 'loop' in which you keep
repeating the same complaints and rehashing the same problems. Not only
can you waste a lot of time and make the relationship worse, but you can find that you have spent a large amount of money in the process." In addition, do not agree to anything when you're mediating your divorce unless you are absolutely certain. "The worst thing you can do is agree to something in one session and back out of it in a later session."
Kunstler
frequently recommends that her clients consult therapists on their own
-- another "reality check" -- especially if divorce is the only
solution. "Try to recognize and accept that this is probably one of the
most traumatic experiences you can go through, and short-term, goal-oriented therapy can be very helpful."
Do you need a lawyer?
People are attracted to do-it-yourself (also known as "Pro Se,"
which is a Latin phrase meaning "for yourself") divorces because they
are supposed to save both time and money. Unfortunately, most divorces
are relatively complicated -- involving complex property transfers and
their tax implications; plus the issues of support, custody,
and access if children or an unemployed spouse are involved. "It would
be a good idea to have at least one consultation with a lawyer to
determine your rights first," recommends family lawyer David Wildstein.
You might be able to process your own divorce if:
- it will be uncontested;
- you have been married for a relatively short period of time, and do not have children;
- you and your spouse are in complete agreement regarding the division of property and assets;
- you are both employed and capable of supporting yourselves;
- you
possess sufficient mental and emotional strength, meticulous attention
to detail, and perseverance to embark upon a relatively difficult and
time-consuming task;
- you are able to prove "grounds" for your divorce.
If you want to try the pro se
route, there are some resources available to help you. The very first
thing you should do is contact the local court in which you will be
filing for divorce and obtain a copy of the court's "check list" of
documents and information the particular court requires.
Check with your local community college, adult education center, or community center to see if they offer classes on divorce. There
are some low-cost legal clinics and some private-practice attorneys or
paralegals who will fill out your forms for a fee and review your
separation agreement to make sure the paperwork is complete before it's
filed with the court. A paralegal service generally only fills out the
forms for you -- which may be all you need if you know all of the legal issues of your case because you have discussed your case in detail with a divorce lawyer
before hiring the paralegal to fill out the paperwork. Paralegals are
not trained to give legal advice, and you may overlook serious issues
if you rely on a paralegal to let you know your rights and obligations.
If you create your Separation Agreement
yourselves, you and your spouse should each retain an independent
attorney to check all papers before signing -- even if the divorce is
"friendly" and you think your agreement is very straightforward. Also
remember that it can be extremely helpful to have occasional
consultations with an attorney as needed as you negotiate with your
spouse.
If
things turn nasty while you're negotiating with your spouse, or you
suspect he/she's trying to trick you into agreeing to a settlement that
really isn't in your best interests, you'll definitely need to consult
a lawyer -- who may have to charge you even more money to undo what you
did prior to retaining him or her.
Another
option for those who'd like to handle some of the divorce-related work
themselves is to "unbundle" their legal services. "Unbundling means
that the attorney and the client can agree that the attorney will
provide some, but not all, of the services contained in a classic
family law case," says M. Sue Talia, the author of A Client's Guide to Limited Legal Services.
"After discussing the issues presented in your case and the options
available with an attorney, you instruct him or her on which specific
tasks she is to perform, and you take responsibility for the others."
Grounds for Divorce
To find out about the Grounds for Divorce in your state, click here.
Documentation Needed
You'll need to provide your lawyer with the following documentation in order to proceed with a Separation Agreement.
Start gathering everything together as soon as possible so that you can
find out what might be missing and submit any requests for duplicates.
Here's a list of some of the information you should have ready:
Personal Data
- Full addresses, phone numbers, and Social Security numbers of both parties.
- Full names, birth dates, Social Security numbers, and addresses of all children of the marriage, and their schools and grades.
- The date and county of the marriage.
- Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
- A copy of any domestic contracts (e.g., a prenuptial agreement).
- Information about any previous legal proceedings between the spouses or involving any of the children.
- Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.
Financial Data
- Your
previous year's income tax return, and any related data from the IRS.
(Kunstler recommends providing your lawyer with several years' returns).
- Information about your current income, (e.g., a current pay slip).
- A list of substantial assets and liabilities of both spouses.
- Copies of any applications for credit, such as mortgage applications which often contain a wealth of helpful information.
The Separation Agreement
Clearly,
the easiest way to prove marriage breakdown is by meeting the "living
separate and apart" rules. While living apart, you'll probably want to
be protected by a Separation Agreement, which spells out in
detail matters such as financial relief, child custody and support,
visitation rights, and division of property.
There's
often a lot of time and work involved in finalizing a Separation
Agreement, so if a suit for divorce has been started, the court has the
power to order one spouse to pay support to the other while the case is
ongoing. It may also determine temporary custody and enjoin the spouses
from doing any of several things -- like removing the children from the
state or substantially reducing the marital estate.
If
you're amicably separated, it may be possible to create a simple
written agreement as to support payments while the divorce is
proceeding. (It needs to be written down and signed by both parties so
that the amounts paid as alimony can be tax deductible by the payer.)
My ex-wife and I handled things this way just fine and saved the
trouble and possible animosity involved in court-ordered interim
support. Having an existing Separation Agreement in force greatly
simplifies the subsequent filing for a divorce. Lacking a Separation
Agreement, the Petition for the Dissolution of Marriage will
have to address all of the same sorts of issues anyway. So having the
Separation Agreement drawn up early is a wise investment.
The Summons
The divorce action is initiated by serving a Summons
upon the other party (the defendant), briefly stating the grounds upon
which the divorce is sought, and a brief outline of what you (as the
plaintiff) are seeking (the divorce itself, as well as items such as
division of properties, custody of the children, interim support, and
legal fees). You then have up to 120 days to serve the papers on the
other party. The defendant is required to respond with a Notice of Appearance and an Appearance.
The Counterclaim
After (or, occasionally, at the same time as) the Summons, the Verified Complaint
is served. This describes the basis for the divorce and specific relief
being sought in more detail. Once served upon the defendant, he or she
has 20 days to respond. In the response, the defendant may admit or
deny parts of your Complaint, and may also issue a Counterclaim
against you. If the defendant agrees to go forward with the divorce --
while not necessarily agreeing with it -- he or she would sign a Defendant's Affidavit.
The Discovery phase
If there is no Separation Agreement, or the divorce is being contested, each of the lawyers begins the Discovery Process,
in which they gather as much information as possible about the facts of
the case. This information can delve into issues such as custody,
fault, and grounds for divorce. But in most cases, the emphasis will be
on financial matters. You'll likely be asked to supply various
financial documentation, and to detail in writing within a Statement of Net Worth all pertinent facts concerning your finances and properties. And I do mean detail! (This is where I got bogged down.)
You're
expected to itemize and put a reasonable and provable dollar value on
each and every significant item that (a) you brought into the marriage,
and (b) that you have in your possession at the time of signing the
Statement. So, off you go for the next two months or so trying to track
down bills for stuff you purchased before your marriage, getting your
bank to print out reams of paper for your bank account and IRA balances
the day before your marriage (which is quite involved and expensive if
that date was more than 10 years ago, and if, like me, you switched
banks several times due to moves between cities, and like me some of
those cities were foreign), gathering slips of paper to prove the
outstanding balance of your mortgage and your company stocks before you
married, the value of the car and motorcycle and canoe and
what-have-you on the two dates, and ad infinitum.
In
the meanwhile, your lawyer has enlisted the services of an actuary to
determine the value of your company pension plan at both dates. These
calculations can be quite complex and subject to plenty of actuarial
best-guessing. "Your lawyer may also use the services of an accountant to review business records, or an appraiser to place a value on your business or real estate," adds Wildstein.
Whew!
You're finally through with it -- signed and delivered to your spouse's
lawyer. Now you find out that it's the duty of the other lawyer to go
over your figures carefully and demand proof of anything in question.
So back you go to the books and the appraisers and the banks for
further proof of anything contested. Appraisals or valuations may also
be requested for such things as the value of a business.
With
the possible exception of folks who are meticulous record-keepers,
gathering the necessary evidence to support your Net Worth document can
be a nightmare. All I can advise here is "keep at it," since the
problem won't get solved by itself. It's easy to procrastinate, but
it's unlikely that you'll be able to proceed meaningfully until the
financial information is deemed complete, accurate, and acceptable by
"the other side."
The discovery process can involve several related legal instruments, such as Interrogatories (written questions requiring written responses from the other side to clarify one or more areas of concern) and Examinations Before Trial, also known as Depositions (the same idea, but done verbally under oath, with a court reporter taking notes).
And
here's where the trust and goodwill you've been building during your
separation -- by treating your ex with courtesy, scrupulous honesty,
and kindness -- starts to pay off. In our case, my ex-wife recognized
that the delays and expense in obtaining some of the documentation
simply wasn't worth the couple of hundred bucks she might have gained
in the ultimate property division. She knows -- because I demonstrated
it to her over and over again -- that I have no desire to cheat her or
our children out of anything. This allowed us to reach a fair settlement
without my spending another $1,500 and several months trying to gather
more documentation. We agreed that the dollars are far better spent on
our children than on appraiser and bank fees.
Division of Property
"Who Gets What?" in the Money Matters section
of this website details the complex topic of property division, which
can vary substantially from state to state. Talk to your lawyer to find
out how property is distributed in your state.
Financial support
The
other reason for the financial disclosure is to itemize your income and
expenses (actual and proposed) so that the lawyers or the court can
decide if one of the spouses should provide financial support to the
other. If children are involved, the non-custodial parent will usually
have to pay a set monthly amount for Child Support, according to support guidelines. Another amount may be determined payable for Spousal Support or Maintenance (formerly called "Alimony").
Each
of these amounts will have a set start and end date. Typically, child
support continues until the children are 21 or until they finish their
university education, but it may terminate prematurely if a child
chooses to move away from home and separate him or herself from parental influence
or control or drops out of school. Maintenance payments may continue
for a year or more, or even for life (in the case of longer marriages).
These payments are generally intended to "allow the former spouse to
continue the lifestyle to which he or she was accustomed," Wildstein
says, or in a shorter marriage, to help the former spouse get back on
his or her feet again: the payments could be used for university
tuition and may include additional money for daycare for the children
while he or she attends classes, which should help the former spouse to
become gainfully employed in due course.
Child Custody and Visitation rights
The Support Agreement or the Divorce Judgment
will stipulate the custody of the children (under 18 years of age) and
the visitation rights by the non-custodial parent. If you have kids,
these items are surely the most important in your agreement, especially
if your separation has been anything less than amicable. If there's
even a hint that one parent will file for sole custody, you really need to consult a competent lawyer.
Initially,
both natural parents have equal rights to custody. When you separate,
you can still maintain this joint custody arrangement, although one of
the parents may spend a disproportionate amount of time actually caring
for the children.
You
and your spouse need to work out the custody arrangements. If you can't
work it out (for instance, if both of you insist on sole custody), then
the court will have to decide for you. In all cases, the judge will put
the best interests of the children first and foremost. Even if sole
custody is granted, the court recognizes that in the majority of cases,
the children are best off when both parents are involved in their upbringing. Discuss any concerns with your lawyer.
As
with the custody decision, the courts prefer that you and your spouse
work out access or visitation rights. My ex-wife and I have written
into our agreement that I have access to the children every second
weekend (including the extra days of long weekends), three weeks during
the summer holidays, and a week at Christmas. The agreement also spells
out reasonable amounts of unencumbered communication by telephone, fax,
e-mail, and regular mail. As I mentioned, she and I have a very
amicable relationship, so I can and do enjoy seeing the kids at other
times. I know that she appreciates me spending the extra time with them
as much as the children enjoy seeing me. The point of putting my access
rights into the agreement is to protect my interests if for whatever
reason our relationship should turn sour. While this is an extremely
remote possibility in my situation, having everything in writing is a
simple insurance policy: my rights are protected by law.
Settlement or trial?
With
all of the necessary financial, custody, support, and visitation issues
on the table, it's time to determine whether you're able to work out
any disagreements and reach a settlement, or if a trial is required to
hear the matters before a judge.
It's
encouraging to note that less than 5% of all divorces go to trial. You
should consider very carefully any suggestion that your problems can
only be resolved by a trial. If at all possible, work out your
differences with the help of your lawyers, and/or a competent mediator,
and/or other counseling. The panel consists of two lawyers who
volunteer their time to make recommendations on how a case should be
settled -- fairly and quickly. The timing of this one-time panel
meeting varies from county to county, but it generally takes place
several months before the trial. Of course you shouldn't forgo your
legal right to a trial if there is true necessity -- such as an impasse
over whose custody is truly best for the children, or an honest
disagreement in the valuation of a major asset. But the courtroom
should only be used as a last resort; it's definitely not the
place to try and get even with your ex for dumping you for his or her
secretary. And remember that every dollar spent is a dollar that
would've been much better spent on the children.
The Divorce Judgment
Once
you and your spouse sign your agreement and all the required affidavits
and other forms for an uncontested divorce, all of your documents are
submitted to the court clerk for review. If everything is in order, the
papers are then sent to a judge, who will then sign the Judgment of Divorce (or Divorce Decree), and your marriage is over.
"If an agreement isn't reached, the court will enter a Judgment at the conclusion of the trial," Wildstein says.
Once
the judge has signed the Judgment, you are legally divorced. Shortly
thereafter, the county clerk will "enter" it, making the divorce
judgment part of the court's official records. Now, it's time to
celebrate -- or more likely, to reflect back on the happy times of your
marriage and wonder again how things went so wrong. In any case, you
are now free to remarry if you wish.
Greg
Reid is a divorced father of three. He believes that divorce can be
civilized if both parties are committed to making it so. "And staying
friendly is the only way to do it if you have children," he says.
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Telling divorcing couples that they should collaborate during the divorce process is kind of like telling a dieting person that they can go to Krispy Kreme as long as they don't order from the menu. Indeed, it is the rare couple who can sit down together and talk calmly and rationally about the demise of their relationship. Yet all over the country, workshops are being held to help couples find this gentle middle ground when it comes to handling their divorce. Therapists, lawyers and accounts are attending collaborative divorce workshops in order to learn how they might better help couples.
So just what is collaborative divorce, anyway? The goal of collaborative divorce is simple -- more civil behavior, less emotional drama. Mental health professionals, financial experts and attorneys for the couple join forces as peacemakers armed with knowledge and resources to help divorcing pairs construct a solution. What separates collaborative proceedings from mediation is that mediation often is ordered in the litigation process while the collaborative process, as the name suggests, is initiated by the couple. The most enticing prospect of collaborative divorce is that the process aims to take a higher ground that doesn't involve lengthy courtroom visits. Overall, the process tends to be less expensive than a traditional divorce, but the true benefits of collaborative divorce have nothing to do with money.
Advocates for the couple address all of the issues involved in a divorce. From who gets what to child custody to the emotional impact of the break-up, no stone is left unturned and the professionals are committed to keeping the process humane and adult. Therapists applaud the collaborative divorce process as they note that a divorce settled out of court is better for the emotional well-being of the couple and their children. Mental health professional also are quick to point out that a traditional divorce does not address the emotional loss while the collaborative process does.
Still, divorce is never easy. Accountants who work on collaborative divorces note that the financial aspects of the proceedings are always the most difficult to iron out. Other couples have found the process frustrating and costly as they wind up going to court to fix the problems not addressed in collaboration. These pains aside, many agree that collaborative divorce could be a big aid for couples already going through a difficult time and that it is well worth the effort.
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