164848735-judges-gavel-and-legal-files-gettyimagesOur last blog post from Daisy Camp discussed ways you can avoid going to trial in a divorce. The last thing anyone wants is to go to trial, but sometimes going to trial is simply unavoidable. The good thing is, less than 5 percent of divorce cases go to trial, but what if you find yourself amongst that 5 percent? What can you expect in a divorce trial? Judges generally try to help you resolve your case before the trial date, but sometimes that is simply impossible. If, after months, and sometimes even years of negotiations, you and your soon-to-be-ex-spouse still have not reached an agreement, your last recourse is to have a trial. Divorce trials typically do not involve juries, but are held by a judge in the judge’s chamber. The judge reviews volumes of documents, hears evidence from each spouse, your respective divorce attorneys, possibly witnesses, and then come to a decision based on evidence. Trials can be as short as half a day or as long as several months (although that would probably be unusual for a divorce trial). The length of a trial depends on the number of witnesses, how long each examination takes, and what motions are made during the course of the trial. The emotional and financial costs rapidly add up. Divorces can be very expensive, but divorces that go to trial are even more costly, both financially as well as emotionally. According to the book “The Collaborative Way to Divorce” by Collaborative Attorneys, Stuart Wells & Ron Ousky, “When divorcing the “traditional way” settlement may only happen only after you or your spouse have been to court on one or more occasion, for temporary hearings, settlement conferences,  and so on. Sometimes these cases settle within days or hours before the trial is scheduled to begin – after you and your spouse have already incurred most of the financial and emotional cost of preparing for trial.” In these cases although the trial was avoided, the damage is already done.
Recently a young child in my neighborhood lost his life. Beyond the balloon releases, meal chains and prayers, a lot of neighborhood conversation quickly switched to wondering if the parent’s marriage can survive such heartache. This led me to do a bit of research on the statistics in the likelihood that a marriage suffering such trauma will result in divorce. A conversation with a fellow Daisy (what we call the brave women that attend our Daisy Camp events) about her divorce right after her father had passed away from cancer also had me wondering about those statistics. It had me wondering if trauma in already unstable marriages result in divorce or can these traumas cause even perfect marriages to fall apart? There are very staggering results in researching divorce after death rates. Some reported as many as 90 percent of all bereaved couples are in serious marital difficulty within months after the death of their child, and other reports show no evidence of higher divorce rates among bereaved parents. The fact that husbands and wives grieve so differently may be a huge factor in a divorce. One may want to attend a support group, the other doesn’t. One may view sexual intimacy as a way to stay close, the other it’s the last thing on their mind. When one person in the marriage loses a parent or someone else close to them, how their spouse handles the situation and offers their support, or perhaps lack thereof, can also become a factor that ultimately leads to divorce. If you find yourself in this state of grieving take comfort in knowing that you are not alone and there are support groups across the country tailored specifically to supporting married couples and divorcees faced with these situations. Seeking professional help can not only help with the grieving process, but is also a good way to learn to understand where you are and where you want your future to go.
91538368-womans-arm-reaching-for-a-floating-balloon-gettyimagesNo one imagines they will find themselves single, divorced, and living in a 4 bedroom house in the suburbs alone, and then it happens. So what do you do when you wake up and realize that your life is not at all what you ever imagined it would be? How do you “cope” and “mourn” the loss of the life you had been planning for yourself? First, remember you are not alone. You are never alone in this. Lean on your friends, family, and a good support group – whether it’s a support group you created with a network of friends and family, or a more formal divorce support group in your area. There are so many resource out there, find people/places/networks that you feel comfortable with. Seek out professional counseling or therapy, sometimes just talking about these hopes and dreams that could have/should have/would have been to a neutral party can be such a relief. Know that it is ok to mourn this loss. For you it may be the loss of the “perfect family” you had envisioned – whether you never had kids and always wanted them, or had 1 or 2 and had wanted more. Maybe for someone else who is forced to go back to work because of the divorce, it may be the loss of being able to stay at home with the children. Perhaps it’s the loss of a certain lifestyle one may have gotten used to or thought they would attain someday, whether financially or within a certain social circle. Maybe divorce forced you to move to new area and you are mourning the loss of being close to your friends, in a certain school district for your children, or even simply mourning the loss of your home. It’s not irrational to mourn these things, whether they are lifestyles and material items you no longer have, or were simply hopes for the future – it is ok. Take comfort in knowing that you never know what the future has in store for you. Maybe you always wanted kids and suddenly find yourself dating someone with children that you simply adore (young or old). Think you’re too old for that reality? Maybe you will remarry and have pile of grandchildren in your future. Maybe having to go back to work will one day lead to a promotion that allows you to take your children on trips of a lifetime and provide for their college education. There is a quote by Joseph Campbell that reads, “We must be willing to let go of the life we had planned, so as to have the life that is waiting for us.” Remember that.
96390961-business-man-holding-wedding-band-gettyimagesIf a ring is a sign of marriage, should there be a sign for divorce? How do you handle simple social situations and interactions regarding your divorce? Do you come right out and tell people you are divorced, wait until it comes up in conversation, or ignore it completely? What about when someone asks you if you have a family? When my recently divorced neighbor moved into my neighborhood they first thing I had asked him was if he had a family. Once you’re past 30 it seems to be the natural conversation maker, so now how do you respond to that question? Some divorcees chose to keep wearing their wedding ring to possibly avoid these social situations, avoid the stigma of divorce, or maybe to avoid being hit on! Wedding rings are symbols of marriage, and once that marriage ends, it becomes unnecessary and possibly misleading to continue to wear a wedding ring. Some may wear the wedding ring on the opposite hand, or have it made into a different piece of jewelry. Interestingly enough, according to “Popular Mechanics” magazine British women in the 1920s would cut notches into their rings to symbolize divorce. Having children brings up another societal stigma regarding having a ring on your finger. A recent conversation with a widowed friend brought forth this subject as well. She had been wearing her wedding ring for three years since her husband’s death. Feeling that closeness to him played a part in it, but she said she mainly continued to wear it because she didn’t want to feel that society was judging her for being a “single mom” when she was in public with her child. Divorced mothers can surely relate. Many people struggle with what and how much to tell strangers, acquaintances, and co-workers. What do you think? Sometimes do you wish that there was a “sign” or “code” so that people just know and you can avoid the questions, would you rather keep it a secret when meeting new people, or are you open to questions?
157282282Divorce court should be your LAST resort. After all, do you want a complete stranger in a black robe deciding the fate of your future? You do not want a judge to decide where your children will live, how much time you get to spend with them, or deciding your financial future. Once you go to court you lose the control. There are ways to stay out of the courtroom. Sitting down with your ex to work out as many issues as possible will help facilitate a settlement. Sound too easy (or maybe too difficult, if coming to agreements with your ex seems to be a difficult feat), enlist in the help of a Collaborative attorney. As part of the Collaborative law method, both parties retain separate attorneys whose job it is to help them settle the dispute. In the Collaborative process most of the formal steps are waived or postponed so that you and your spouse can focus on your divorce issues. The collaborative attorneys, along with you and your spouse, sign a contract that commits you to reach a settlement with your spouse. No one may go to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case. Having a good attorney who is a problem solver, rather than someone who creates problems, is important. You want an attorney who works with and for you, and not someone who will create unnecessary battles. Another good approach to avoiding divorce court is mediation. Mediation is used as a means of resolving cases without the need to go to trial. Mediation allows for you, your soon-to-be-ex spouse and respective attorneys to resolve issues using a third party, the mediator. A good mediator will work with the parties to settle everything with input from you as well as your attorneys. A mediator can help work out agreements on distribution of property and assets, child custody, child Support/maintenance, retirement, and taxes. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. As said previously, the last thing anyone wants is to go to trial, however sometimes going to trial is simply unavoidable. What if you still find yourself in a divorce trial? Be sure to read Daisy Camp’s next blog post on, “What it Means to go to Trial in a Divorce.” Also, a wonderful book to read on the subject is the book, “The Collaborative Way to Divorce: The Revolutionary Method that Results in Less Stress, Lower Costs, and Happier Kids – Without Having to go to Court.” by Collaborative Attorneys, Stuart Webb and Ron Ousky.
Let’s face it, it’s not easy to announce your divorce, it may in fact be what you are dreading the most, but confiding in others will help you gain the support you need to pick up the pieces. There are so many different emotions – sadness, anger, fear, guilt, etc. One of the fears is about telling your friends and family. How will they react? What will they think? Will they ask a lot of questions that you don’t know how to answer? Will they be supportive? Some divorces come as no surprise that people saw coming and some divorces seem to come out of left field, depending on how much you and your spouse were “keeping up with appearances.” It is natural to want to keep up with appearances, after all, you may have went through months (even years) where you didn’t know if it would work out or not, and if it did you didn’t want your friends and family to dislike your spouse or think poorly of your marriage. This is not uncommon at all, it just makes initiating the conversation a bit more difficult. Remember that ultimately your friends and family want you to be happy. Tell your immediate family and closest friends first. From there, it gets trickier to know what is the best approach to take. You probably don’t want to, nor is it healthy, to tell the story over and over, so maybe an email to extended family and friends works for you, or maybe having a specific friend and family member responsible for letting certain people know is the best method for you. Having to worry about whether you are breaking the news in the right delivery method should be the least of your concerns right now, and people ultimately need to understand that. However, because everyone seems to want to know why, it is imperative to have a brief “elevator speech” ready. This can be as simple as, “We are two good people, that are simply not good together.” Your boss may need to know since divorce proceedings might conflict with your work schedule, but the need to tell co-workers will vary. If you aren’t close to them and normally don’t discuss your personal life then an announcement probably isn’t necessary. In today’s digital world there is also social media to consider. Don’t feel like you have to make an announcement, you can do nothing or simply change your name, eventually people will figure it out. News travels, and beyond close friends and family, you don’t own anyone an explanation. Don’t be alarmed if some people start to distance themselves. They may also be grieving this divorce. Sometimes friends whose own marriages are struggling will separate themselves from you for fear that it may happen to them as well. It’s important to remember that divorce does not define you. Your true friends will stand by you and most likely will want to help, but they may not necessarily know how. Perhaps before you break the news to friends and family make a list of what people can help with. Whether that’s enlisting in moving help, help with the kids, emotional support, attorney recommendations, or even needing a group of friends to commit to a night out once a month. Write down anything and everything that you might think could help, and then when people ask you can let them know immediately. Helping assists people in coping and understanding, so enlisting in friends and family’s help can be beneficial to all. Friends will want to help and lend advice. Allow them to help, but please seek advice from professionals (clergy, attorneys, therapists, advisers, etc), and remember to take care of yourself emotionally and physical.
BC4696-001I sat in on a seminar recently with a room full of moms. Moms of babies, moms of toddlers, moms with children just starting elementary school. The topic was about learning to fall in love with your husband again, and the speaker was a woman in her 70’s. The dialog was mainly, “Do this to keep your husband happy, do that to keep your husband happy…” I think many were wondering why they got up early on a Tuesday morning to listen to old-fashion marriage advice. However, in between the eye rolls of many overtired moms, I caught the true message of the speech – don’t forget about your marriage, the kids are wonderful, but if you make them your whole world, they leave the nest, and the marriage is over. I had not really thought about empty nest syndrome in this sense. I had mainly thought about the kids going off to college and the parents are alone in a big empty house, they are a little lonely, maybe start a new hobby, and life goes on. Only life doesn’t go on, at least not in that sense. Divorce after decades, the graying divorce, divorce after 50, whatever you may call it, is becoming more and more common. Decades of putting the kids first, likely putting the career second, and well, the marriage must have fallen down on the priority list. When children are babies and toddlers they require about every last bit of energy you have; once they start school it’s homework, sports, and juggling schedules. Making it all too easy for the better part of 20+ years for your marriage to be entirely kid-centric. The graying divorce gives new meaning to staying together for the kids. The couple in many of these marriages might not have even seen it coming. Years of enjoying the children together – family vacations, neighborhood outings, cheering the kids on together from the sidelines, only to wake up one day and realize they no longer have anything in common, the kids were all they had in common. A half-century ago, only 2.8 percent of Americans older than 50 were divorced. In 2011, according to the Census Bureau’s American Community Survey, 15.4 percent were divorced and another 2.1 percent were separated. Was it that divorce was more taboo 50 years ago, or maybe because people are living longer these days? A healthy 60 year old might look at it in terms of having 20+ years left; 20+ years that they are choosing to be happy, and ditching the unhappy marriage. Baby boomers are setting record high divorce numbers. If you found yourself amongst this new era of divorce, the good news is you are in good company! There are support groups nationwide that are catering specifically to the increase in baby boomers and their graying divorces. Seek out divorcees going through a similar situation and create a support system. Most importantly, keep on living – enjoying yourself, pursue your interests, take on a new hobby, travel, and make the most of your new-found free time!
After your divorce, getting along at the holidays can be a stressful situation when you have kids. On top of trying to work out holiday visitation schedules and travel plans, you may also be worrying about what to get your kids. You might not have the resources to buy things like you did before the divorce. Maybe you have the resources and your ex doesn’t or vice-versa. So what do you do about those big-ticket items that your children have been eying since September? Being divorced brings on divisions over gift giving. Set aside some time with you ex, meet for coffee and talk about what your child wants or would like as gifts, and divide up the list, so you’re not duplicating each other and know what the other is buying. Also discuss whether or not a gift will be left at one parent’s house or if it can travel back and forth. If you have a hard time sitting down and talking in person, do it by email or phone. Sometimes it’s easy to ignore or “cross that bridge when we get there” but setting gift giving boundaries ahead of time creates less drama later on. It’s all too easy for the holidays to become a competition, to see which parent can buy the most stuff, the best stuff, or the most expensive stuff. Even parents that are great at co-parenting can fall victim to this game. You and your ex have to make sure this doesn’t happen to you and your child(ren). That behavior takes the focus of the holiday away from your child and spending time together. If one of you buys your child a puppy, a new video gaming system, and a big-screen TV and the other buys a few toys, feelings are likely to be hurt. The spouse who buys the big gifts often does not realize he or she is hurting the other parent and thinks they are simply making the child happy. However, if you’re the spouse who doesn’t splurge, you might end up feeling like you’ve failed your child or she will love the other parent more. Avoid this situation but having that gift giving conversation ahead of time; set a dollar limit or range if you need to. Holidays are hard. It’s important to remember the reason for the season, no matter what holiday you are celebrating. Try to focus yourself and your child on the fact that the holidays are not all about gifts. Spend time together doing holiday crafts, going to services, going to a concert, decorating your home, or baking. Check into age appropriate volunteer opportunities at a local shelters to serve meals to the homeless, packing shoe boxes for children overseas, or volunteer to wrap presents for needy children. Take your child shopping to buy a small gift to give the other parent. 20 years from now your child won’t remember which parent bought them the most gifts, so use this opportunity to show your child that giving back to others is more rewarding than receiving gifts – a life lesson they will remember for years to come.
184971497According to a Holiday Consumer Spending Survey by Consumer Affairs the average person celebrating Christmas, Kwanzaa and/or Hanukkah will spend $804.42 on gifts this 2014 holiday season. If you are separated or going through a divorce, chances are that figure is simply not feasible for you. The good news is, that is just an estimated average, and for the most part completely unnecessary. The holidays can often be a budget breaker – but they don’t have to be! Saving for the holidays should not start on black Friday! Develop a budget that accounts for gift giving year round. Consider all the holidays, birthdays, and any anniversaries that you typically choose give for. If you have kids, once they are in school they will likely get invited to many birthday parties. You should also account for these occasions and develop a system that works for your budget to allow your child to take a gift to the party. Whether that means stocking up when a popular age-appropriate gift goes on sale, or just having the room in your gift budget to account for these gifts. Often times these party invites may come with less than a week’s notice. Being mindful of your gift giving budget will help you not to blow $50 on a gift on a whim. When you were married, and probably had more disposable income, you may have fell into a gift giving routine that included birthday and Christmas giving to you friends and neighbors and their children. Decide where your gift giving priorities lie, and don’t feel guilty being straightforward and setting lower expectations with people. Giving makes people feel happy, and if that’s the case for you, you don’t need to completely cut back. Look for ideas on Pinterest – handmade gifts go a long way. Find a fun quote that fits your Mom/Aunt/friend/etc., print it off, and put it in a dollar store frame, viola! Dust off a bottle of wine to give to your wine loving friend. Go on a nature walk, find some pine cones and create a holiday wreath. If you like to can foods in the fall, make jam, or bake, those goodies make wonderful gifts! Turn your children’s old broken crayons into brand new fun shapes with the help of inexpensive molds. Find clip art online and create a personalized children’s coloring book using the child’s name throughout the book, which you can print off at home. The possibilities are endless, and inexpensive, handmade gifts don’t look “cheap,” they look thoughtful!
467180737Co-parenting can be exhausting, especially if your communication skills while you were married were not great to begin with. During your divorce you may have asked yourself, “If we couldn’t communicate effectively while we were married, how are we going to when we are divorced?” It can be extremely difficult to get past the painful history you may have with your ex and overcome any built-up resentment. However, it can be done and it should be for the sake of your children. Below are three areas to work on to build more effective co-parenting communication skills.
  • The Blame Game. Are you guilty of the “blame game?” In our household every time something went wrong blame had to be placed on someone. Late to an appointment – somebody’s fault. Food too spicy – somebody’s fault. Sidewalk is slippery – somebody’s fault. I just couldn’t understand why we had to place blame on someone for everything. It’s ok to be upset about something without having to constantly blame someone. Did your child forget to finish a school project while at his dad’s house? Sure the natural reaction is to blame your ex, but rather than focusing on who is to blame for something going wrong, focus on how to fix it. Co-parenting takes team work, and pointing fingers doesn’t work well on a team.
  • Moving On. Put the past behind you. Sure you are still hurting from “XYZ…” but until you are able to put it behind you it will continue to come up and with continue to debilitate your co-parenting skills. If you are having trouble and haven’t already sought out therapy or counseling, please do so. Going to therapy doesn’t mean you are excepting blame for something that may have happened in the past, but rather seeking therapy means you are electing to seek out healthy ways to put the past behind you.
  • Think before you speak. Divorce and co-parenting are full of emotions. It’s easy to act and speak in the moment and later regret it. We can’t always be intentional with our words, but there are times that we can take a step back and carefully choose our words. For example, it is too easy to rattle off an emotional email in the heat of the moment, instead make a vow to yourself that before responding to an email you will wait one hour to respond or go for a walk before responding.
There is a quote that reads, “10% of conflicts are due to difference in opinion. 90% are due to wrong tone of voice.” Don’t just consider your actual words, but your tone as well. Co-parenting takes a lot of hard work and communication, but continuing with small strides can make a huge difference that ultimately results in a more positive relationship for the sake of your children.