1. Forcing Your Kids to Take Sides
The last thing a parent wants to do during a divorce is to cause more pain for the children. Divorce is a painful time during which many negative emotions can arise, including anger, fear, regret and grief. Often there is a perceived need to blame the other party for one’s unhappiness, together with a desire to hold your children close. However, keep in mind that putting your kids in the middle is harmful to them. Resist the urge to blame and criticize your spouse in your kids’ presence. Don’t force your kids to take sides or to report on the other parent’s activities. No matter how difficult it may seem, the best thing you can do for your kids during a divorce is to remind them that both of their parents love them and will always be there for them.
2. Engaging in an Adversarial Divorce
Divorce is a major life event. It is the legal recognition that your marriage is over. Unless your situation is unusually simple (short marriage with no children and few assets and liabilities), each party should have an attorney to provide advice and to make sure that the required documentation is accurate and complete. For most couples, the divorce process can be completed without setting foot in a courthouse. Using skilled neutrals in the
Collaborative Process or mediation helps to avoid the polarization that often takes place in more adversarial processes. Better post-divorce communication, lower divorce costs and less resentment are other benefits of no-court divorce processes.
3. Having Unrealistic Financial Expectations
Divorce means creating two households in place of one. Most couples are struggling to make ends meet before separation. Creating a plan to support both households can be challenging. Unless income can be increased, down-sizing and belt-tightening are often required. There must also be a plan to pay divorce costs. Understanding these challenges going into divorce can provide both parties with a reality check and allow the divorce process to go more quickly and smoothly.
4. Forgetting to Consider Tax Implications
Many of the financial decisions made in divorce have tax consequences, some more obvious than others. When dividing marital assets, it is important to recognize that some assets may actually be worth less than face value due to future income tax liabilities. Most retirement accounts, for example, have been funded with pre-tax earnings, meaning that withdrawals will be taxed and, depending upon the timing, may have early-withdrawal penalties as well. Stock portfolios will likely be subject to capital gains taxes upon liquidation. On the cash flow side, dependency exemptions and characterization of support payments (child support or spousal maintenance) impact the amount of after-tax cash each party has available to meet living expenses. It is essential to get competent advice during the divorce process in order to avoid unexpected surprises down the road.
The holiday season is upon us with all of its beauty, tradition and unreal expectations. It can be a stressful time for even the most grounded person. For someone newly divorced and still sorting out their new life, the challenges that the holiday season imposes can add a whole new level of stress if one doesn’t meet those challenges head on.
It’s the financial impact of the holidays that we want to address today. Buying presents, decorating and entertaining can put a big hole in your budget if you are not careful. It can turn out to be a holiday hangover that lasts until summer. Meet the holiday spending challenge head on by getting a grasp on how much you can reasonably spend above and beyond your normal day-to-day spending. Follow that up with a holiday spending worksheet listing all the added expenses, including presents, cards, decorations, groceries, clothing, charitable donations, travel and dining out. Divide up your holiday spending dollars amongst the items on your list. Now, prioritize your spending by putting the most important holiday items at the top of your spending list. Focus on purchasing the high priority items first. If high priority items, like presents or travel expenses, end up costing more than you budgeted, you will need to cut back on the low priority items.
When it comes to presents, the holidays call for cooperation rather than competition. Trying to outdo your ex-spouse, particularly with the presents, is only going to add to the holiday stress. Share with your ex-spouse what you intend to buy and the things you know your child wants. Since it is likely that your child is going to celebrate Christmas twice, each spouse might want to agree to buy smaller items. If your child just has to have a really expensive item, considers splitting the cost.
This is your opportunity to make new traditions. Look for ways to celebrate the holidays that focus on togetherness rather spending. Making cookies and homemade decorations, or helping out a charity, can all be done for minimal cost while instilling what the spirit of the season is really about.
Avoid the holiday blues by approaching them with the right attitude. Look on the bright side, now is your chance to get rid of those awful holiday traditions of your ex-spouse. Here is your chance to start new traditions that truly reflect what you value and what you want your family to remember for years to come. 
I heard an advertisement on the radio this morning for a litigating divorce attorney. This attorney discussed the importance of removing the emotion from divorce and treating the divorce itself as a business transaction. I understood her point – emotions can be messy or interfere with rational decision making. However, emotion is often the biggest part of divorce. Or, it often feels that way to clients.
How can we ask clients to strip that piece out of the process? Rather, as a collaborative attorney, I believe that emotion can be used to healthily guide clients to mutually agreeable resolutions that have long-term staying power. I embrace the opportunity to take the client where they are at – emotions and all – and guide them towards resolution. Engaging a mental health professional or coach in the process can sometimes be the greatest asset provided to clients and allow them to balance the emotions with the necessary business-like decisions.
Treating a divorce as a business transaction often leads to client’s making decisions for purely financial reasons. Using emotions and feelings of fairness or equity may lead to clients feeling as if the resolutions more completely address their needs.
For example, if one spouse cheated on the other, an emotional response of anger or vindication may lead to the hurt spouse to ask for more financial pay-out. This sort of punitive outcome is not supported in the law and rarely agreed to out-of-court. However, if the parties have a co-parenting relationship or more emotional needs, a purely business-like interaction may never address some of the underlying emotions. Facilitating a discussion about how both parties are feeling and what they may need in order to move forward may been more beneficial to the clients than any financial resolution. Some clients want an apology or a better understanding of why something happened. Others may need to put in effort to establish a shared narrative or story for others.
The finances matter – sometimes most of all. The collaborative process embraces the financial side of divorce, but also allows for a more holistic and complete approach that can address emotions, if the clients so desire. 
