One Perspective on Divorce

Disclaimer: I was raised Roman Catholic but I consider myself simply a person of faith.

While I was going through my divorce, I found it difficult (as a man) to find resources to help me make it through the fog. I ended up in a church-based group pretty far from where I lived. It wasn’t my preference but it was all I could find.

Despite the “churchness” of it, there were a few things I learned and two primary things I took away from my experience with that group:

  1. 1. I didn’t want to end up like some of those folks who still believed there was something they could do to win back their ex-spouse (after 5, 10 or even 20 years of divorce!), and
  2. 2. An image that helped explain why the experience of going through a divorce was so painful

I want to explain Point 2 briefly and where I am now with respect to it.

At one point in the 12-week series (can you say twelve steps?!), the leader shared an interesting concept with the group; she said, “When a man and a woman are single, they are two entities.” (She drew two small stick figures, a man and a woman.) “When they marry, they become one entity.” (She drew one larger stick figure.) “When a couple gets divorced, the ‘one’ is torn apart.” (She drew the larger stick figure broken in two.)

With that image, all of a sudden the loss and the pain I was experiencing made more sense.  I understood why I felt so incomplete. In fact, I realized there were still pieces of my ex-wife “in me” that I recognized were her and now I had a visual image that explained how we could be apart and I could still feel connected (weird, huh?).

I’ve since come to think and believe that, as much as this church program’s explanation helped, there is more to the story.

I think when two people marry, instead of the two becoming one, the two become three. Each person remains their own entity and they create a third shared entity. If we truly became “one” (in all aspects), we would die when separated. Given the 50% divorce rate, there’d be a lot of dead ex-husbands and ex-wives lying about.

After marrying, we each continue to be independent beings that create a third inter-dependent being. This “third entity” becomes an extension of us.

When a divorce happens, the third entity “dies.” The remaining partners are able to move on IF THEY CHOOSE TO (and one more than likely already has!) by focusing once again on their independent selves. If you try to keep the third entity alive, you are doomed. This is what I saw some of the folks in the group doing (and in truth, it was what I was trying to do): they were trying to believe the third entity was still alive.

It is not easy to let go of the third entity and focus entirely on your independent self again.

I’ve moved on and am happy with my life again. It took a lot of time and a lot of work. That’s my story. It didn’t have to be. It’s not everyone’s story. Whether it will be yours, I can’t say. That will be up to you and you alone to decide. But it is possible. And there are folks out there (like us) who can help.

What You Should Do Before Considering Divorce

pen

Many divorcees never review their wills and estate plans. Those that do, often do it after they’re divorced. However, it may be advisable to make changes as soon as a marriage breaks down.

Powers of Attorney for Health Care and Property are common documents used in estate planning. If you’re in a bad marriage or in the midst of divorce, don’t wait until after divorce to review and change these documents.

These two Powers grant your “agent”, the right to make decisions regarding your property and health care, if you’re unable to make the decision yourself. One decision your agent may make is withdrawing life sustaining medical care.

Most married individuals name their spouse as their agents. Illinois law provides that if your spouse is your agent and you divorce or become legally separated, your spouse’s powers are terminated.

Yet, it may take years for a marriage to break down and a couple more before a divorce is filed and finalized. If you are uncomfortable having your spouse empowered to make health care and financial decisions for you, you need to act now.

If you don’t have a Power of Attorney for Health Care, a spouse—even an estranged one—may have authority under the Illinois Surrogate Act to make health care decisions for you, if you are incapacitated. So, if divorce is a 1) possibility or 2) reality and you want to eliminate the possibility of your spouse making health care decisions on your behalf, execute a Power appointing someone other than your spouse as your agent.

Resources: To learn more about these Powers and for samples of the forms, click on these Illinois Department of Aging links:

State of Illinois Power of Attorney for Health Care Document

State of Illinois Power of Attorney for Property Document

Michael C. Craven

Michael C. Craven is a well-known divorce attorney and a partner of the Beermann Swerdlove, LLP law firm in the Chicago area. He is highly respected among other divorce lawyers, judges and his clients. He is also a CPA and a LLM (Masters in Tax Law). Click here to email Michael for additional information about his services.

Applauding Tiger Woods and Elin Woods

Too often, we hear of celebrity divorces that don’t go well. (Mel Gisbson, Paul McCartney etc.) This is not because of the reson for the divorce (such as infidelity or domestic violence) but more because of the way the celebrities handle the situation. Sometimes, both of them or their lawyers are in the media talking at each other through the media or one spouse uses the media to publish recording, video or information to make the other spouse look bad. Or sometimes their court appearances are televised.

Of course, we have seen lots of good examples of celebrities who handled their divorces well, Donald Trump and Ivana Trup, Demi Moore andBruce Willis just to name a few.  I would have to say that the divorce between Tiger Woods and Elin Woods is one of them. 

The media was all over it from the day the first story of Tiger Wood’s infidelity broke, to how they have hired lawyers, filed for divorce, and now the divorce has been settled.  And of course, in between all of these events, there were countless write ups on how many women were actually involved, how much Elin Woods was asking for her divorce settlement, arrangements regarding their kids. They were all basically speculations. Tiger Woods and Elin Woods basically remained silent and negotiated a settlement privately. I have to think that as a celebrity, this would be the way to go – keep yourselves out of the court system and away from the media.

And when Tiger Woods and Elin Woods are done with their negotiation, they released a statement that suggests that they remain level headed about their divorce, their future and the interest of their children: “We are sad that our marriage is over,” the statement read, “and we wish each other the very best for the future. While we are no longer married, we are the parents of two wonderful children, and their happiness has been, and will always be, of paramount importance to both of us.”

I am sure it costs quite a bit of lawyers fees and accountants fees to settle this divorce, but had they fought and prolonged their settlement, it would be even higher, because there is a lot of money involved here.

I sincerley hope that they will remain this way, because as we know, marriages may not last forever, but divorce will. And when there are children involved, your ex will be in your life for a long time. Many incidents will come in the years to come to test their will to remain amicable.

Martha ChanMartha Chan is the co-owner and V.P. Marketing of Divorce Marketing Group and Divorce Magazine. She is responsible for all online and offline initiatives of the company. She is married to Dan Couvrette and is a step mother of two sons. Connect with her on LinkedIn, Twitter and Facebook. She can be reached at (888) 217-9538 ex. 36 or marthac@divorcemarketinggroup.com

A Therapist’s Divorce Advice, Part 2

Dr. Cassandra Friedman

Dr. Cassandra Friedman, Ph.D., LCPC, CADC, brings 30 years of experience in speaking, teaching and private practice to amuse, challenge and motivate others to achieve more.

To contact Dr. Friedman directly, email her at diamrow@aol.com and add the word “blog” in the subject line.

I’d like to welcome back Dr. Cassandra Friedman. I hope you enjoyed her first post and found some inspiration and encouragement. She is back to answer a few more questions.

Q. What are some things to keep your spirits up during a divorce?
A. Number one on my list is to surround yourself with positive people. Divorce takes a lot of mental and physical energy. Toxic, negative people will drain your much needed energy. Get involved with something passionate, (a prior/new hobby). Find your spiritual side, (church/temple). As much as possible, Think Positively and remember, “This too shall pass.”

Q. I often hear from clients that their kids are doing well, but if I ever talk to adults whose parents went through a divorce when they were younger, they often say that time was very traumatic. Are the parents misreading their kids? Is it because counseling wasn’t as readily available ten, twenty, thirty years ago?
A. You’re right, resources such as the internet, support groups, and individual psychotherapy were not as readily available to children going through divorce back in the day. Such resources have greatly reduced the trauma of divorce.

These very same resources have greatly increased the parent’s ability to avoid costly mistakes in parenting during divorce. Another huge factor, due to the rise in divorce rates, is that children no longer have the label of coming from a broken home. Additionally, they now have more peers that they can relate to. There is less shame associated with divorce, which will definitely help the children of divorce look back on that time in their lives with less anger and less trauma.

Q. What kinds of resources are there for people going through divorce?
A. There is so much out there today. The most frequently used are: Internet to gather information and feel part of a community, support groups, and individual psychotherapy. These are great resources which will allow people going through divorce to get the best and latest information, find the best available help, and find help specific to the area in which they live. It is very important to understand that these resources speed up the grieving and healing process and allow you to get back to life.

Michael C. Craven

Michael C. Craven is a well-known divorce attorney and a partner of the Beermann Swerdlove, LLP law firm in the Chicago area. He is highly respected among other divorce lawyers, judges and his clients. He is also a CPA and a LLM (Masters in Tax Law). Click here to email Michael for additional information about his services.

A Therapist’s Divorce Advice- Part 1

Dr. Cassandra Friedman

Dr. Cassandra Friedman, Ph.D., LCPC, CADC, brings 30 years of experience in speaking, teaching and private practice to amuse, challenge and motivate others to achieve more.

To contact Dr. Friedman directly, email her at diamrow@aol.com and add the word “blog” in the subject line.

I’d like to welcome Dr. Cassandra Friedman, a therapist who helps people going through divorce channel their sadness and anger into something productive, and also focuses on keeping their families as intact as possible.

She is going to answer some questions over the next two weeks that I think are important for people going through divorce to know. I hope this post is of some help.

Q. How do you help your clients stay focused during a divorce and not let the anger control them?
A. I always recommend a continuous release of anger via appropriate outlets. I usually give suggestions on where to liberate their anger such as: journaling, individual psychotherapy, divorce support groups, physical exercise, working on a hobby or cause dear to their heart and associating with friends and family that contribute positive energy and support.
You will be surprised how just letting feelings out rather than letting them build up will greatly help you stay focused. Additionally, it’s great when someone finds something that brings them joy that they didn’t know about before, such as gardening or yoga.

Q. What do you recommend telling the kids and not telling the kids?
A. What you decide to share will depend on the age of the child. My mantra is: share only what is age appropriate. What you share with a five-year old child differs greatly from what you share with an adolescent. Your child will verbally and non-verbally express what they want to know in regards to what is happening, and always make sure to address their concerns. Most importantly, when your child asks a question, answer honestly.

Q. How does speaking negatively about your spouse affect the children?
A. Speaking negatively about your spouse has a huge negative impact on children of all ages. Children caught in this dangerous web often tell me they feel like they have to choose sides. In time they lose respect for the parent that is bashing the other parent.

Q. What are the kinds of things parents can do during a divorce to bring the children to counseling?
A. I always tell parents, it is not divorce that is the problem, rather it is the WAY divorce is handled. Children hate when parents overly involve them in the specific details of their divorce. They also hate when one parent tries to force a child to take a side and choose one parent over the other. Children also hate when during or shortly after the divorce too much change occurs.
Children need time to adjust to their parents divorcing. They cannot handle changing homes and or schools too soon during/after the divorce. Lastly, children hate when the parent they are living with substitutes the child for the absent parent. Children need to continue to do things that are appropriate to their age. Do NOT ask your children to take on adult responsibilities!

Michael C. Craven

Michael C. Craven is a well-known divorce attorney and a partner of the Beermann Swerdlove, LLP law firm in the Chicago area. He is highly respected among other divorce lawyers, judges and his clients. He is also a CPA and a LLM (Masters in Tax Law). Use the Contact tab to email Michael for additional information about his services.

Divorce Ceremonies: Divorce Lawyers Watch New Trends

Japanese teacups

Japan has long been behind the curve when it comes to large numbers of divorces, but lately they have been busy catching up to the rest of the Western world. This has led to an extremely interesting phenomenon: divorce ceremonies.

The ceremony takes place at a mansion in Tokyo, which a former salesman bought with the specific intention of performing divorce ceremonies. The ceremony itself provides a public end to a marriage. Family and friends are invited to attend and witness the former couple renounce their relationship and smash their wedding rings with a gavel.

In an article from Reuters, which reports on the creation and rise of divorce ceremonies, a couple who had just participated in the ceremony was interviewed, expressing relief that their relationship ended with such finality. Those who witnessed their marriage were also present to witness their divorce.

Is this something you would be interested in after a divorce is finalized? Do you think you would appreciate the public renouncement of your marriage? Would you experience cathartic relief when you smashed your ring? Should the end of marriage be a private event? Let me know what you think. I’ll keep an eye out to see if this trend ever reaches America.

 

Michael C. Craven

Michael C. Craven is a well-known divorce attorney and a partner of the Beermann Swerdlove, LLP law firm in the Chicago area. He is highly respected among other divorce lawyers, judges and his clients. He is also a CPA and a LLM (Masters in Tax Law). Use the Contact tab to email Michael for additional information about his services.

Adultery: Not all that relevant in court

Tiger Woods, Jesse James, David Letterman. John Edwards. Jon Gosselin, allegedly. Cheating and adultery —  it’s back in style.

What’s also fashionable is dumping on the adulterous spouse:

“How could he?”

“What was he thinking?”

“He’s made her look like such a fool, I hope she takes him for everything.”

These are all common reactions I’ve heard.

But the adultery factor has far less of an effect on a family law than you’d think.

Under Canada’s Divorce Act, a party’s “conduct” is irrelevant to a custody or access case unless it affects that parent’s ability to parent. Usually that means adultery plays almost no role in deciding who gains sole or joint custody. It also means that an aggrieved spouse cannot rely on the adulterous behaviour to deny the other parent visitation.

What about divorce? Again, the Divorce Act has the answer. The law provides that the parties must be separated for one year before a divorce can be granted. Absolutely no reason needs to be given by a spouse wishing to divorce other than they have been separated for one year. This “no-fault” system effectively forces spouses to carefully consider their options for twelve-months before tearing their union asunder.

However, if adultery has occurred, a spouse can be awarded a divorce at any time prior to the 12-month period. I guess the thinking is that adultery is so offensive it strikes at the heart of marriage, so there is no point in waiting a year. I’m not so sure that’s the case in 2009, but that’s still the law.

There are five reasons why, in 99.9 per cent of my cases, my clients choose to wait out the year before starting the divorce even when adultery has occurred:

1. A divorce based on adultery is a lot of work. The spouse seeking to divorce on grounds of adultery has to prove it, which means dragging the person with whom the spouse was adulterous into the court case. That means extra work for the lawyer, which means extra cost.

2. It’s risky. What if the person denies the adultery? Usually there is no proof, no “smoking gun.” Unlike Jon & Kate, Us Weekly photographers aren’t following around the spouses of my clients with telephoto lenses.

3. There are usually far more important issues to worry about. Most of my clients are mature enough to realize I need to focus on more pressing issues. They are usually quite content for the divorce to come after one year and focus, for the time being, on sorting out the parenting, support and property issues. Where these issues cannot be resolved without litigation, they know that a divorce case can be commenced in court at any time — remember, it’s just the divorce that must wait one year. A judge can make a ruling on any and all other issues the day after a separation.

4. Credibility. A party that insists on pushing the “adultery” issue runs the risk they will be perceived by the other side (and more importantly the court) as being motivated purely by anger or revenge — not the best qualities you want your client to show. Above all, you want your client to be focused on the children and their best interests, and that means steering them away from the hurt feelings or damaged ego he or she may be feeling as a result of the adultery.

5. It matters not. As mentioned above, adultery plays little to no relevance in parenting issues. It matters even less in support or property issues. A cheating spouse does not forfeit her rights to claim child support under any circumstances. With respect to spousal support, unless the spouse is living with the new partner or sharing expenses with him or her, the adultery will not play much of a role at all.

The law recognizes that cheating is usually not the cause of a breakup or a sign that that person is a good or bad parent or that they deserve to forfeit their rights. It is, sadly, nothing more than a sign that the marriage was in bad shape, at least from one party’s point of view. I often say to clients that adultery is simply a symptom of a marriage at risk, not the cause. Not prolific but probably pretty accurate.

Brahm Siegel is a partner in the law firm of Nathens, Siegel LLP, a Toronto law firm restricted to family law matters. Brahm has experience in all aspects of divorce and family law and devotes much of his time to assisting clients with custody and access dispute. He can be reached at (416) 222-6980. View his firm’s Divorce Magazine profile and website.

This article originally appeared in Metro News Canada.

Judge orders mother who wants to move out of town to use Skype so her kids can “see” and talk to their father.

Child access by skypeAre you someone who embraces new features available online, such as Skype – the free technology that allows you to talk and see someone over the internet via video? 

If you are a divorced parent and your child does not live with you, you may want to consider using Skype. This will allow you to “see” your kids real time if you and your spouse have a computer with video camera and internet connection. You will not incur any cost. It is particular good if your kids live out of town. Even if you do not have a video camera, you can talk to your kids for free, without incurring long distant charges.

This week, Suffolk County (New York) Supreme Court Judge Jerry Garguilo may have revolutionized just how friendly technology can be in a recent decision, which is capturing attention across the country and globe.

As reported by the New York Law Journal, Judge Garguilo recently told a divorced mother that if she wanted to move her 9 and 6-year old kids to Florida against the impassioned plea of her ex-husband, she’d have to tote something else in her luggage: Skype.

That’s right, Skype. The Judge wants the mother to use it so that the kids can enjoy 1-hour “chats” with their dad three times a week. The New York Law Journal considers the order to be precedent-setting and could be enacted by other judges.

Moving kids away from non-custodial parents can be traumatic for everyone involved – especially the kids, who are caught in the crossfire. However, when it has to happen for reasons that the court deems acceptable (in this case, because the mother is in serious financial distress and moving closer to her parents), then using technology like Skype to help cushion the blow is remarkable and enlightened.

Let’s hope that other judges “see the light” as well and think outside of the box when it comes to keeping families together – virtually, if not geographically. You can download Skype software for free and start using it right away.

What are your thoughts? Is this a “good use” of technology? Please share your views and ideas!

Martha ChanMartha Chan is the co-owner and V.P. Marketing of Divorce Marketing Group and Divorce Magazine. She is responsible for all online and offline initiatives of the company. She is married to Dan Couvrette and is a step mother of two sons. Connect with her on LinkedIn, Twitter and Facebook. She can be reached at (888) 217-9538 ex. 36 or marthac@divorcemarketinggroup.com

Your Divorce Attorney Knows Best

Contemplating divorce, or going through a divorce, is one of life’s most stressful events. Unfortunately, more than one-half of married couples will experience it. Due to the high rates of divorce, almost everyone going through it knows someone who has been divorced.

If you’re in this situation, you might be tempted to ask friends, relatives, co-workers and others for advice and information—but don’t. Ask for comfort and support from this group, and get legal advice from your attorney.

A divorce case is complex. Clients often feel anxious because they don’t have answers to many of their questions. Even though your case and a friend’s divorce may appear similar, they’re likely different.

Family law cases are fact driven. Differences in the facts of one case and another will lead to different legal strategies and results. That’s why the best person to seek legal advice from is your attorney.

What if you don’t have an attorney yet? Luckily, there are organizations that will help you find the right resources, attorneys, and other divorce professionals.

One of my favorites is The Lilac Tree: Resources for Divorcing Women in Evanston, IL. The Lilac Tree is a not-for-profit charitable organization that provides a multitude of resources for woman thinking about divorce, in the divorce process, or already divorced. Their services include individual sessions, seminars, workshops, support groups and a referral service. I encourage woman looking for information to check out their website; I’ve provided an additional link to their website on my home page.

 

Michael C. Craven

Michael C. Craven is a well-known divorce attorney in the Chicago area. He is highly respected among other divorce lawyers, judges and his clients. He is also a CPA and a LLM (Masters in Tax Law). Use the Contact tab to email Michael for additional information about his services.

Timing of Divorce Can Be Critical

Sometimes the timing of when to file for divorce can be critical to the long-term strategy for the spouse getting a divorce. In the property context, consider whether a spouse is due to get a large bonus at work  at a point in the future.  Or, maybe a spouse is going to get a raise in a few months that will increase the calaculation of child support. In some states like Texas, there is a key difference to being marriage 9 1/2 years versus 10 years.  More essoteric, considerations such as the economy may play a role in the timing of divorce.  For spouses who divorced prior to the economy’s crash in 2008, their property divisions may have been higher.  For those whose divorces remained pending after the economy’s 2008 crash, their property division may look very different after the crash than before.  If  selling a house is a key part of the divorce, listing the house in the spring and summer can make a big difference in the selling price and length of time on the market than listing in the fall or winter.

The Timing of Divorce

Social Security provides spousal benefits in retirement to secondary workers in married couples based on the primary worker’s earnings record. In addition, Social Security pays spousal benefits to divorced secondary workers whose marriages lasted at least ten years. However, if a marriage failed in less than ten years, no spousal benefits are paid. The spousal benefit is particularly valuable to secondary workers in couples where there is a large disparity in earnings between the primary worker and the secondary worker.

Dallas divorce and family lawyer Michelle May O’Neil with O’Neil Attorneys Family Law Firm in Dallas, Texas, focuses her law practice on providing compassionate yet relentless representation to spouses seeking divorce in the Dallas, Texas area, including divorce, child custody, and complex marital proeprty litigation.

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