The TRUTH About Divorce that lawyers will never tell you
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The TRUTH About Divorce that lawyers will never tell you

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A very powerful presentation about the effects of divorce on children and the best way to divorce if you have to

A very powerful presentation about the effects of divorce on children and the best way to divorce if you have to

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  • Divorces per minute are based on 1,000,000/year. Using business days, when divorces would occur, and eliminating 6 holidays per year there are:8 hours in the business day or 480 minutes which is 2400 business minutes/weekIf we use 6 holidays then the annual number is reduced by 6 times 480 or 2880 business minutesThe annual number of business minutes would then be 2400 minutes/week times 52 weeks -2880 minutes or 121980 business minutes per annumDivide 1,000,000 divorces/year by 121,980 minutes/year 8 divorces/minute
  • Many spouses will just react without thinking and try and punish or control you
  • The danger could be physical and/or emotional
  • Going through these stats could touch the fears of the participants and bring them out
  • The danger could be physical and/or emotional
  • And what’s worse is that advice from the person who should be your greatest advocate, could be the most dangerous of all to you and your loved ones
  • This is referring to interfering with the other parent’s parenting techniques and the damage it causes…
  • You should stress the final point several times…
  • Here is where you bring up that an unscrupulous California attorney may drag out the process until they own your home…
  • This slide is to demonstrate how casual the typical attorney is with the amount of time a divorce takes
  • This and other studies emphasize again and again that joint custody is more successful – for the children – than sole custody – children need both parents actively in their lives
  • This and other studies emphasize again and again that joint custody is more successful – for the children – than sole custody – children need both parents actively in their lives
  • Of course you want to note that this really a continuum and may be more less in one of the areas. In other words it could be that a couple is pretty hostile, but only interferes occasionally with the parenting of the other and so on…
  • That only 25% of parent are able to develop cooperative relationships demonstrates how hard it is to focus on the child instead of personal agendas or pain
  • This starts to make the participant aware of the additional expenses and the possible change in life-style post divorce
  • The danger could be physical and/or emotional
  • There are divorce support groups for several children’s age groups
  • This was the most complete series of steps for emotional protection that I found
  • Most of this area is just about getting through the divorce process – they will want to have walked through all of these steps before they even broach the topic of divorce
  • Emphasize again and again – the participant should always be looking for ways to shorten the process without compromising their position
  • This is the call to action slide

The TRUTH About Divorce that lawyers will never tell you Presentation Transcript

  • 1. Divorce!
    Rescue or Disaster?
    Wrong choices threaten your family and your assets
  • 2. Divorce!
    Rescue or Disaster?
    Wrong choices threaten your family and your assets
  • 3. Divorce numbers are staggering
    Risk of loss during divorce is very high
    Money and children form the basis for legal disputes
    Contentious divorces are like a war – nobody really wins
    Divorce is never so horrible that you cannot make it worse
    Areas Covered
    3
  • 4.
    • You are currently married. You and your spouse are likely having serious and ongoing issues with one or more of the following:
    Infidelity
    Communication breakdown
    Physical, psychological or emotional abuse
    Financial issues
    Sexual incompatibility
    Boredom
    Religious and cultural strains
    Child rearing
    Addiction
    Differences in priorities and expectations
    4
    You may be thinking about divorce because…
    Sources: Divorce Guide – The Top 10 Reasons for Divorce – retrieved 2007
  • 5. You are not willing to take it any more
    5
    But most of all you are thinking about divorce because
    You feel you MUSTget out… now!
  • 6.
    • There were over 1million divorces in the U.S. in 2006
    • 7. That would mean that in just the couples alone there were over 2 million people involved
    • 8. There are at least 8 divorces every minute of every business day in the United States
    • 9. 75% of filings were by women
    6
    And there are a lot of people just like you
    Sources: National Vital Statistics Reports – NVSS – CDEC- US Dept of Health and Human Services – Data for 2006 – 8/28/2007 – volume 55, number 20
  • 10.
    • I am afraid that I will lose access to my children
    • 11. I am afraid that I will lose my assets
    • 12. I will lose it all…
    7
    What’s wrong?
  • 13.
    • I want the pain to stop
    • 14. I want to help raise my children
    • 15. I want to keep my assets
    8
    What do I want?
  • 16. Hire a mediator
    Take the high road
    Consult the correct experts
    Take the shortest path
    Save the co-parenting relationship
    9
    How do I get what I want?
  • 17. Digging into the issues…Divorce candestroy your family
  • 18.
    • There may be a threat to destroy or harm something of value to you
    • 19. There may be a threat to harm you or a person or pet loved by you
    • 20. It could result in unjust punishment to children – “I have to do this because of you”
    • 21. The children could be involved – “See what your *mommy or daddy* has done. *She or he* has been bad and must be punished
    11
    There is danger when you reveal your intention
    Sources: Recognizing Abuse in a Legal Divorce – Laura Johnson – SmartDivorce.com
  • 22.
    • Your spouse unreasonably preventing you from access to money, people, pets or anything else you value
    • 23. Name calling and labeling with the intention of making you sick
    • 24. Obsessive control over your actions and schedule
    • 25. Taking away your freedoms
    12
    You may need to protect yourself from:
    Sources: Recognizing Abuse in a Legal Divorce – Laura Johnson – SmartDivorce.com
  • 26. In a recent poll of the worst fears of divorce…
    • 32% explaining the divorce to the children and other relatives is their worst fear
    • 27. 52% Fear of living alone (even with children)
    • 28. 57% Getting on with a “new” normal life
    • 29. 67% Trouble trusting God again
    • 30. 75% Out of place in social situations
    • 31. 80% Loneliness is the greatest fear
    13
    Knowing what mayhappen to you is hard
    Sources: Divorce, Abuse and Stress – Poll Results for Women by April Lorier – 2007 eZine
  • 32. Children of divorced families are (more than) twice as likely to suffer serious social, psychological, emotional or academic problems
    14
    Knowing what may happen to your children is even harder
    Sources: NPR Interview – 01/31/2002 – E. Mavis Hetherington, professor emeritus of psychology at U of Virginia
  • 33. 15
    Seven critical mistakesin divorce
    Making legal and financial mistakes based on emotion
    Negotiating without all the important information and documents
    Thinking that the divorce process must be adversarial
    Thinking that divorce has to be expensive
    Not getting professional help
    Not knowing the real value of your assets
    Not controlling the process
    Sources: Avoiding the Seven Critical Mistakes in Divorce – Joan Coullahan, CDFA, LLC - 2005
  • 34. 16
    On top of everything elsethere are predators
    Divorce Attorneys generally charge by the hour ($200 - $400) – it is in their interest to create a contentious situation using as much time as possible
    Truthfully, your lawyer IS NOT YOUR FRIEND! They are not therapists, experts on taxes nor financial strategists. Use them as little as possible…
    Sources: Morning Call (Allentown, PA) – Gregory Carp – July 9th, 2006 – Divorce breaks pocketbooks as well as hearts
  • 35. What to expect during a divorce…
  • 36.
    • Staying in the house together may cause a “death spiral” – regression into angrier and angrier postures
    • 37. If the wife initiates the divorce the husband will often link the house and kids to saving the structure of his life
    • 38. The ideology of 75% of the custody fights is ‘You want a divorce, you go; I’ll keep the house and kids’
    18
    Once the process has started things may escalate
    Sources: Denver Rocky Mountain News – Mark Wolf quoting Sam Margulies author of the book – A Man’s Guide to Civilized Divorce – July 24th, 2004
  • 39. I will tell the court about your behavior and you will never get the children.
    Why are you trying to take my money from me?
    Either do this my way, or you won’t get a dime.
    I'll go to jail before I'll pay you a dime.
    I'll quit my job before I'll pay you that amount of support.
    19
    You may start to hear threats
    Sources: Dishon & Block, APC Aaron Dishon, Esq. California Divorce Attorney – California Divorce.info – 12/11/2007 – Top Threats Made During A Divorce
  • 40. Your attorney is a loser/inexperienced OR my attorney can represent you as well as I, why don’t we just save money and use one attorney.
    Your attorney is making me provide all kinds of documents. Call him and tell him to cancel all “discovery” requests”, he is just running up your bill. 
    You'll never see the kids again. 
    I will drag out this case forever-- I would rather pay my attorney than pay you—I will fight you to the bitter end.
    I am going to file for divorce in Nevada (or some other state or country).
    20
    And more threats…
    Sources: Dishon & Block, APC Aaron Dishon, Esq. California Divorce Attorney – California Divorce.info – 12/11/2007 – Top Threats Made During A Divorce
  • 41.
    • Over 1,000,000 children go through divorce each year through no fault of their own
    • 42. ”…children will say the divorce was the worst thing that happened in their lives – and I have never seen a victimless divorce.”
    • 43. Parents may begin to act emotionally and irrationally about the children
    • 44. They will attempt to cut off the other spouse’s contact with the children
    • 45. They may use the children as “spies” or messengers
    • 46. Often the other parent is criticized in front of the child
    21
    And your childrennow start to suffer
    Sources: NPR Interview – 01/31/2002 – E. Mavis Hetherington, professor emeritus of psychology at U of Virginia | “Guy” Ferraro, president of the American Academy of Matrimonial Lawyers – PR Newswire – June 5th, 2007 | St. Johns Law Review 2003
  • 47.
    • High pre-separation parental hostility can cause children to be over-controlling
    • 48. Moderate to high levels of maternal interference in the relationship with the father causes issues with intimacy
    • 49. When the father interferes with the co-parenting relationship there are higher chances of having more difficulty of intimacy with males
    22
    Assessing your spouse’s position on co-parenting is important
    Sources: Journal of the American Academy of Child and Adolescent Psychiatry – 2/1/1995 – Robert Bolgar, Joel Paris, Hallie Zweig-Frank
  • 50.
    • A spouse may ‘poison’ their relatives to not have contact with the other spouse as part of an irrational power struggle
    • 51. Hostilities between spouses can cause children to become ‘grand-orphans’
    • 52. Loss of these relationships is harmful to the children and often to the relatives (especially grandparents)
    • 53. Some parents will exclude the divorcing spouse’s relatives from any contact with themselves or the children
    23
    Even your relatives may become distant
    Sources: Boston Globe – Nina McCain quoting psychiatrist Arthur Kornhaber author of books on grandparents and grandchildren – 11/23/88
  • 54.
    • This may be the most stress of your life
    • 55. There is a huge disruption in your routine
    • 56. You are 12 times more likely to get an illness as your immune system weakens
    • 57. Your chances of cancer are increasing
    • 58. You have 300% increased chance of accidents
    • 59. The longer the divorce lasts the more deadly it becomes
    24
    Your health starts to deteriorate
    Sources: MMEGI – March 9th, 2007 – Lauri Kubuitsile – Divorce Can Even Kill
  • 60. Digging into the issues…Divorce caneat up your assets
  • 61.
    • Do you know what all of your assets are?
    • 62. Do you know your debt structure?
    • 63. Are there stock options?
    • 64. Are there any sheltered assets?
    • 65. And what about the home?
    • 66. Do you understand your equity position?
    26
    Assessing your financial situation can be difficult
  • 67.
    • If you hired an attorney the $200 - $400 per hour fees are starting to add up
    • 68. In California the attorney has an automatic lien on your home!
    • 69. You may have accountant fees
    • 70. Your spouse may have stopped cash flow and closed accounts
    • 71. Counseling for the kids is expensive
    • 72. The longer the actual divorce process lasts the worse everything becomes!
    27
    And the expensesstart to roll-up
  • 73. A Memphis divorce attorney describes it as:
    Lawyer Time vs Real People Time
    He talks about how a client was upset with him for the slow progress he was making in their case. He makes a number of points about how the legal system can be very slow, especially in contentious cases. He says that he will tell the client that he will try and “get some things done next week”.
    Then he goes on to say that “trying” is a low priority behind gym time, a hot date or getting a new client. His deadline is very slow to the client and “a month or two is nothing in lawyer world”
    28
    How does your attorney feel about the length of the divorce?
    Sources: Memphis Divorce Law Blog – David M. Sandy – Lawyer Time vs Real People Time – 11/26/2007
  • 74. In an article in the Star Tribune, the author describes how divorces have historically ended:
    • The couple are enemies
    • 75. The savings are depleted
    • 76. The children are devastated
    • 77. All goodwill is lost in a fight-to-the-finish court battle
    • 78. And grief, anger, confusion, and fear take a terrible toll on the mental, emotional and physical health of the participants
    29
    For decades people have chosen to make enemies
    Sources: (Minnesota) Star Tribune April 1st, 2007 – Gail Rosenblum – A Different Divorce
  • 79. What to expect afterwards…
  • 80.
    • Parents are often not willing to co-parent
    • 81. Some parents use the children as pawns
    • 82. Kids will say they do not want to talk about the divorce and their feelings
    • 83. Parents will often criticize their ex which is like criticizing the child
    • 84. Children may be hostile when you start dating
    • 85. Children in sole-custody settings were more poorly adjusted than those in joint custody (depression, deviance, school effort, school grades)
    Children do not always fare well after a divorce
    31
    Sources: Adolescents After Divorce – Buchanan, C., Maccoby, and Dornbusch, Harvard University Press, 1996
  • 86. Relocation can be an issue
    • 750,000 children of divorce, will relocate, each year, with custodial caretaker, to a community some distance from their other parent
    • 87. 3 out of 4 custodial mothers move at least once within the four years immediately following a divorce
    • 88. Of those that relocate, one-half move more than one time
    • 89. One concerned, loving parent may lose their relationship through no fault of their own
    • 90. The parent suffers – the children suffer
    32
    Sources: St. John’s Law Review – Lucy S. McGough – April 1, 2003 – Starting over: the heuristics of family relocation decision making
  • 91. 33
    Styles of divorcedparenting varies
    • Hostile: open warfare – no cooperation and little communication – often the needs of the children are second to the hostilities of the parents – may include interference by one or both parents
    • 92. Parallel: the parenting relationships do not interfere with each other – they may have different rules and regulations – the couple does not communicate with each other
    • 93. Cooperative: both participate equally in raising the children – they consult on the children’s problems and the children’s activities – they are child focused and have developed a mutual respect to achieve the best result for the child
    Sources: NPR Interview – 01/31/2002 – E. Mavis Hetherington, professor emeritus of psychology at U of Virginia
  • 94. 34
    The parenting relationship suffers – the kids pay
    Sources: NPR Interview – 01/31/2002 – E. Mavis Hetherington, professor emeritus of psychology at U of Virginia
  • 95. There are financial changes after a divorce
    When couples separate all expenses just doubled
    • Rent, furniture, utilities, newspaper subscriptions, phone, cable TV and Internet services just to name a few
    Then there must be duplicate items for the children in essentials and non-essentials alike
    • Beds, clothing, bicycles, video game consoles, school supplies, doll houses, towels, etc…
    50% of single mothers receive public assistance
    Incomes at retirement are significantly lower for divorced couples than those who stayed married
    35
    Sources: Are Two Homes Better than One? – The True Cost of Divorce – Jeffrey Lalloway California Divorce Attorney
  • 96. But there is hope!There are positive steps you can take and a approach that you can use that will serve you and yours through this difficult time
  • 97. Even though, children of divorced families are (more than) twice as likely to suffer serious social, psychological, emotional or academic problems – 80% of them make it through without these serious problems – that is your goal!
    37
    Divorce will cause some damage to your children, but consider…
    Sources: NPR Interview – 01/31/2002 – E. Mavis Hetherington, professor emeritus of psychology at U of Virginia
  • 98.
    • One guided by a mediator
    • 99. One that speeds up this intrinsically painful process
    • 100. One that costs relatively little
    • 101. Protects the children as much as possible
    • 102. And attempts to avoid creating enemies
    38
    Wouldn’t it be better to follow the peaceful route?
    Sources: (Minnesota) Star Tribune April 1st, 2007 – Gail Rosenblum – A Different Divorce
  • 103.
    • You must protect your physical and psychological health
    • 104. Protect your children during and after the process
    • 105. Retain the relationships that are important to you
    • 106. Protect your financial position as much as possible
    • 107. CREATE NO (MORE) ENEMIES!
    39
    If it is impossible to stay married then…
  • 108. 40
    Divorce experts agreethere is better choice
    The Peaceful Divorce
  • 109.
    • Lower the stress level – be calm (66% of divorced children are stressed)
    • 110. Share a daily meal (32% of divorced children do not share a daily meal with their family)
    • 111. Make children the center of the family (66% of divorced children feel they are not)
    • 112. Do not discuss adult topics with the children (58% say they always felt like adults) allow them to be children
    • 113. Reinforce their safety – again and again (30% do not feel emotionally safe)
    41
    First, minimizethe damage by…
    Sources: Between Two Worlds: The Inner Lives of Children of Divorce – Elizabeth Marquardt
  • 114.
    • Describe the situation as positively as possible in an age appropriate manner to your loved ones
    • 115. Tell the children that the divorce is not their fault
    • 116. Do not use the children as spies
    • 117. Do not criticize the other parent
    • 118. Assist the other parent in having meaningful contact with the children
    42
    Second, minimize the damage by being appropriately honest
    Sources: Journal of the American Academy of Child and Adolescent Psychiatry – What About the Kids? Raising Your Children Before, During and After Divorce
  • 119. Watch for the warning signs of divorce-related depression or anxiety
    Changes in your child’s emotional responses
    Changes in your child’s behavior
    Let’s look at each of these to see when you might call in the professional
    43
    Third, minimize the damage by getting professional help
    Sources: Coping with Divorce – HelpGuide.org
  • 120.
    • Loss of spontaneity: playful children become moody
    • 121. Low self-esteem: comments about being worthless or stupid
    • 122. Excessive sadness or moodiness: withdrawal
    • 123. Irrational fears or clinginess: intense crying – separation anxiety
    • 124. Inappropriate anger: frequent outbursts
    44
    Be aware of changes in your child’s emotional responses
    Sources: Coping with Divorce – HelpGuide.org
  • 125.
    • Poor self-care: poor grooming – excessive disorder
    • 126. Sleep problems: nightmares, bedwetting, hard to sleep, hard to wake
    • 127. Poor concentration: forgetfulness – decline in grades
    • 128. Drug or alcohol use: experimenting with drugs – new “at risk” friends
    • 129. Self-injury, cutting: inflicting physical pain – physical risks
    • 130. Suicide: talks about killing one’s self - death
    45
    Watch for changes in your child’s behavior
    Sources: Coping with Divorce – HelpGuide.org
  • 131. Help them work through distrust or pain – especially with your co-parent and co-grandparents
    Explain what this experience has taught you – in a positive way
    Encourage their appropriate relationships with friends, co-parent and grandparents
    46
    Protect your children by supporting their relationships
  • 132. Look at it from the child’s point of view
    • I have to contend with my parents’ wild mood swings
    • 133. I feel isolated, insecure and depressed
    • 134. I feel somehow guilty for the divorce
    • 135. I feel pressured to take sides or spy
    • 136. I can’t do the usual things with my friends
    • 137. I am losing everything that is important to me – friends, home, siblings, and my neighborhood
    47
    Getting past the distrustand betrayal in your children
    Sources: Practical strategies for helping children of divorce in today’s classroom – Childhood Education – Aug 1999 – Miller, Morrison, and Ryan
  • 138. Support the school counselor
    Normal active – age appropriate – routine will develop some relationships
    Activities that include their friends
    Where possible involve both sets of grandparents
    Also aunts, uncles and cousins can help re-establish a sense of belonging
    Look for a support group of their peers
    Family Service America, Inc (800) 221-2681 is a great resource
    48
    Your children needvarious types of relationships
    Sources: Divorce and the American Family – Current Health 2 – Nov 1, 1996 – Nancy Dreger
  • 139.
    • You pursue excellence in your life
    • 140. You are calm and loving
    • 141. You are an active member of your community
    • 142. You are committed to parenting
    • 143. You are involved with your kids
    • 144. You are a storyteller
    • 145. You discuss faith and religion
    • 146. You stand by your beliefs- demonstrate integrity
    49
    Show your kids what you would like them to become
    Sources: Denver Rocky Mountain News – June 6th, 1999 – Janet Simons – Teach by Example…
  • 147.
    • Get regular exercise
    • 148. Adopt a healthy diet
    • 149. Try stress relievers such as yoga and meditation
    • 150. Find a support group to attend
    • 151. Tell your kids about your successes – ask about theirs
    • 152. But do not show you kids your anger nor your depression – their life is rough enough right now without worrying about you as well
    50
    Control your anger and your depression – for them
    Sources: Newsweek – Sep 27, 2004 – For a Happy Heart; Depression, loneliness and anger all take a toll on your cardiac health.
  • 153.
    • Be considerate and polite to their other parent
    • 154. Show affection and graciousness for both sets of grandparents
    • 155. Demonstrate respect to other people
    • 156. Refrain from dating and promiscuous behavior particularly during the divorce
    • 157. Show interest and respect in their friends
    51
    Demonstrate how proper relationships should function
  • 158.
    • During the divorce process the two of you will be asked to make dozens of crucial financial and custodial decisions
    • 159. Many couples are finding that with a little effort they can be friends even though they cannot be married
    • 160. Your divorce partner will always be the other parent of any children that you share – don’t punish the children
    • 161. The price for continuing acrimony is just too high - acknowledge your part in the failure of the marriage
    52
    Make peace with yourdivorce partner
  • 162.
    • They often will be a great ally – later if you need help
    • 163. They generally want to help with the kids and may help their healing process
    • 164. Be frank with them in requesting that they stay neutral and that they stay friends with you
    • 165. Help them to understand that you are doing everything in your power to create a peaceful divorce
    • 166. Listen to and acknowledge their pain
    53
    Make efforts to reconcile with your divorce partner’s parents
  • 167. Do not be offended when they withdraw – they are frightened and uncomfortable – it’s not personal
    Let them know it’s okay to keep a distance during the divorce and that you understand their discomfort
    Send emails or messages for birthdays and events letting them know that you consider the relationship still intact
    Ask to get together, maybe in a group setting, after the divorce
    54
    Retaining your friends means reaching out
    Sources: Chicago Sun-Times – Friends Fear Taking Sides When the Divorce Goes Public – Karen S. Peterson – May 25, 1995
  • 168. Allow grieving to occur – it is a natural reaction to loss – don’t fight it – grief doesn’t so much go away as it becomes irrelevant after a time – the pain will pass if you let it…
    Choose to move forward – make a conscious effort to get up and move your life forward each day – set short and long term goals and make your actions move you towards them – record your progress
    Prioritize – List the chores that need to be done, bills paid, etc. – create a list and a plan each day and reward yourself as you accomplish the items
    55
    Suggestions for emotional coping
    Sources: Emotional Coping and Divorce – CenterSite.net – Riverwood Center
  • 169. Put things away – start living the life of a single person as soon as it is practical to do so – put away old photographs and start handling all of the aspects of your life that your spouse used to
    Talk about it – look to
    • Support groups
    • 170. Therapists
    • 171. Church leaders
    • 172. Be very cautious of using friends or relatives
    Explore dormant interests
    • Clubs
    • 173. Fields
    • 174. Hobbies
    • 175. Career improvements
    56
    Emotional copingsuggestions continued
    Sources: Emotional Coping and Divorce – CenterSite.net – Riverwood Center
  • 176. Support yourself – start
    • Maintaining healthy routines
    • 177. Keeping a journal of your thoughts and feelings
    • 178. Distraction – entertainment – housework – attention getting tasks
    • 179. Self-soothing – be healing and compassionate with yourself – get massages – relaxation routines – religion – yoga – exercise – retreats – vacations – etc.
    57
    Emotional copingsuggestions continued
    Sources: Emotional Coping and Divorce – CenterSite.net – Riverwood Center
  • 180. Avoid dangerous and self-defeating coping behaviors
    • Avoid drugs – alcohol – gambling – promiscuous behavior
    • 181. Avoid diving into a new relationship because you are lonely
    • 182. Avoid acting on angry impulses you might have towards your ex-spouse
    • 183. Avoid stalking your ex-spouse
    • 184. Avoid revenge fantasies – a good life is the best revenge
    • 185. Avoid making large decisions after your divorce for a while
    58
    Emotional copingsuggestions continued
    Sources: Emotional Coping and Divorce – CenterSite.net – Riverwood Center
  • 186. Open a checking account in your name only – try to add an amount that you may need to transition during the divorce
    Get a credit card(s) in your name only – establish individual credit and create an emergency resource
    Create a budget of your expenses as a single person – be accurate, but frugal - include the children’s expenses, if appropriate
    59
    Taking care of immediate financial safety
    Sources: A Civil Divorce – Kiplinger’s Personal Finance Magazine – July 1, 2005 – Mark K. Solheim
  • 187. Create a list of all current assets and liabilities (you may want to hire an accountant to help you with this)
    Document all existing financial agreements
    Get copies of all existing financial documents
    Don’t forget taxes, insurances, beneficiaries and estate and retirement planning
    Check on the availability of a certified divorce financial planner
    60
    Financial Safety(continued)
    Sources: A Civil Divorce – Kiplinger’s Personal Finance Magazine – July 1, 2005 – Mark K. Solheim
  • 188.
    • If you search the Internet for the cost of a divorce you will get about 800,000 hits
    • 189. Of those hits that express a preference, over 95% of the experts will recommend going to a Certified Mediator firstto handle your divorce and avoid the big charges
    • 190. The advantages are many and the downside few, but this will not work for everyone
    • 191. So let’s look at the data on the Mediator and see if this is for you
    61
    “I’m confused by thenumber of options”
    Sources: Empire Research Group 2008
  • 192.
    • There are divorce mediators in all 50 states
    • 193. Some are therapists, some are faith based, some are even accountants and some are attorneys
    • 194. In the peaceful divorce the primary function of the mediator is to mediate an equitable solution on the property, assets and liabilities and to help them come to a solution on visiting and parenting arrangements
    • 195. Mediators help others coexist peacefully
    62
    The Mediator and mediation who and what are they?
  • 196.
    • If the primary function of going to a mediator is to resolve the legal issues without hiring a conflict attorney then…
    • 197. The mediator should be an attorney with divorce experience
    • 198. They should have a fixed or low fee structure
    • 199. There should be no bias
    • 200. They should have a high success rate and a long track record
    63
    How do I pick a mediator?
  • 201. 64
    How much might you save?
  • 202.
    • Use a mediator when both parties are willing to come to the table and work on a resolution – even if they don’t agree currently
    • 203. Don’t try to use a mediator if the contentious nature of the divorce is such that the emotions preclude any attempt at a peaceful resolution
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    Who should and shouldnot use a mediator
  • 204.
    • Using an online service is equivalent to setting and casting your broken arm yourself with instructions from the Internet – you might accomplish it but… the risk is horrendous
    • 205. Use online data to research the laws and resources available in your state and then locally hire the resource(s) that make the most sense
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    Wouldn’t I save much more with an online service?
  • 206. 67
    And the one common sense financial safety strategy
    Make the divorce process
    as short as possible!
  • 207. These are the experts:
    • Richard Mikesell – Clinical Psychologist and editor of “Integrating Family Therapy”
    • 208. Belinda Rachman, ESQ – California divorce lawyer and certified Mediator
    • 209. Robert Emery, professor of psychology at University of Virginia and author of “The Truth About Children and Divorce”
    • 210. Constance Ahrons, professor emeritus of sociology at University of Southern California
    • 211. Ed Sherman, California law attorney and author of “Make any Divorce Better”
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    Five divorce expertsgive sound advice
    Sources: The Washington Post – How Can I Get a Good Divorce? Jennifer Huget – 12/18/07
  • 212.
    • “Face Facts – holiday seasons will sometimes make it clear whether it is going to work or not”
    • 213. “But get a second opinion – if you seek counsel with a highly qualified clinical psychologist or family therapist you will get an objective viewpoint – before you go to a divorce lawyer”
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    Richard Mikesell Clinical Psychologist
    Sources: The Washington Post – How Can I Get a Good Divorce? Jennifer Huget – 12/18/07
  • 214.
    • Set the tone – minimize the drama and tension, be rational and get through this as peacefully as possible - The court system creates stress and drama by its very nature
    • 215. Meet with a lawyer or mediator for a one hour consultation – to learn the rules in that state – general property division, child support guidelines etc.
    • 216. Meet with a mediator or family therapist to work out the child-custody guidelines and visitation arrangements
    • 217. Keep the kids out it – they are not prizes –they need both parents
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    Belinda RachmanCertified Mediator
    Sources: The Washington Post – How Can I Get a Good Divorce? Jennifer Huget – 12/18/07
  • 218.
    • Take your time – you may have been thinking about this for a while and you may need to let the idea sink into your spouse
    • 219. Provide a stable emotional environment – “let kids be kids”
    • 220. Get a grip – acknowledge your feelings, but recognize what you need to do on a day to day basis
    • 221. Create a business-like relationship – you may never be friends again, but you and your spouse both need to function rationally to get through this with the least damage
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    Robert EmeryProfessor of Psychology
    Sources: The Washington Post – How Can I Get a Good Divorce? Jennifer Huget – 12/18/07
  • 222.
    • See a marriage counselor together – we tend to make bad decisions at times of high stress – seeing a counselor may help to see what can be salvaged from the relationship
    • 223. Don’t assume it’s easy if there are no kids – give the process the same attention and care as if kids were involved
    • 224. Confide with care – don’t vent to mutual friends – you will regret it later
    • 225. Be well – take care of yourself – find a safe haven to talk – sleep – get a massage – get professional help if needed
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    Constance AhronsProfessor Emeritus of Sociology
    Sources: The Washington Post – How Can I Get a Good Divorce? Jennifer Huget – 12/18/07
  • 226.
    • Patience doesn’t apply – in cases of domestic abuse – get out – hide!
    • 227. Be good example – show kids that problem solving does work
    • 228. Avoid fighting – the legal system is a place of fighting
    • 229. Avoid poor advice – no advice from friends or family
    • 230. Agree not to discuss personal stuff – when you are discussing divorce stuff – set a separate time for that
    • 231. Be well – for your child
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    Ed ShermanFamily Law Attorney
    Ed Sherman - California law attorney and author of “Make any Divorce Better”
    Sources: The Washington Post – How Can I Get a Good Divorce? Jennifer Huget – 12/18/07
  • 232.
    • A professional mediator is a better choice than a litigation-oriented lawyer
    • 233. Unless there is a “huge power balance” between husband and wife
    • 234. Doing divorce right can help give you and your ex and your kids a much better chance for happiness
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    All five agree that…
  • 235.
    • The couple are partners in the solution
    • 236. The savings are rescued
    • 237. The children will recover
    • 238. Goodwill is not lost and may be built
    • 239. The healing process has begun for everyone involved
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    Peaceful DivorceAn Idea Whose Time Has Come
  • 240.
    • Certified mediator in the state of California for 10 years
    • 241. 11 years of divorce and family law practice
    • 242. JD from University of San Diego School of Law
    • 243. Masters Degree in Special Education from New York University
    • 244. Teaching severely emotionally disturbed children from 1976-1993 in state mental institutions, public and private schools
    • 245. 100% success in mediated divorces with over 250 couples
    • 246. $3,500 flat fee per case
    • 247. Spearheading the revolution to transform divorce from litigation to mediation
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    IntroducingThe Peacemaker
    Belinda Etezad Rachman, ESQ
  • 248.
    • If mediation is possible then Belinda will find a way
    • 249. She will always help you protect the children
    • 250. The shortest divorce process possible!
    • 251. Her fees are fixed and inexpensive
    • 252. Her success rate is 100%
    • 253. If she cannot help you then she will try and guide you to most peaceful path still available to you
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    Helping all couples finda better way
  • 254. Do not delay – do not expend your precious resources on any other professional until you have talked to Belinda
    Understand your rights and the realities of divorce – be protected and secure
    Visit her web site for more information
    • www.divorce-inaday.com
    Call her today at (760720-9324
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    Call Belinda for a free consultation today