Archive for the ‘Divorce with Children’ Category

Even though the temperatures are still blazing in the desert, days are long and the nights are sultry, for most Arizona kids, summer (meaning the summer break from school) is almost at an end. 

As we approach the 2010 – 2011 school year, you should be asking yourself a few key questions: Read the rest of this entry »

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This month I worked with two very different couples in two very different mediations, and it occurred to me that if you are in the divorce process, you know nothing of other clients’ experiences, which might be helpful in making a decision about mediation.

Here’s the back story:  Couple A (let’s call them Anne and Arturo) and Couple B (Ben and Barb) have more than a few things in common.  They are all working professionals, but at different levels of pay.  Both couples have one young child (Abby and Boris).  They both have moderate debt and assets.  They are all Read the rest of this entry »

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My cousin (who is also an attorney, but not in Arizona and not in family law) sent me a message a few days ago, on behalf of her friend who is getting divorced.  Jana’s question was, “how does Amy choose a divorce attorney and what questions should she be asking?”  

By the time I was finished with the email, I realized that there are probably lots of “Amy” people in the world (both men and women) who are bewildered, confused, scared, and stressed, but still need to make a smart decision.  Here’s what I told Amy ~ Read the rest of this entry »

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Hay nap

Summer Vacation is just around the corner — only a few weeks away!  I know, it’s hard to believe, and that means trips, child care, and camp.  To make sure that you and your co-parent are on the same page, make sure to review your parenting orders and start planning now.  Here are some things to consider:

  • Give timely notice of your vacation plans, if it’s required by your orders.  Don’t wait until the last minute to let your co-parent know your vacation dates.  Remember, holidays trump vacation, so pay attention to Memorial Day and Independence Day holidays.
  • Provide a detailed itinerary, including mode of travel, route, flight numbers (if applicable), hotel or lodging information, phone numbers, and departure and arrival times.  No, it’s not too much information and it’s not about control or permission.  This type of information can be critical in the event of an emergency situation.
  • Coordinate the child care or summer camp that your child will be attending so that there is no unnecessary overlap or expense.  One-sided decisions about where Joey and Suzi will be spending their summer days is not endearing to your co-parent!
  • Extended family visits require additional coordination.  If you want the kids to go to Grandma and Grandpa’s farm for a month during the summer, consider how that may impact  your co-parent’s summer plans before you make a promise you can’t keep.  First, talk it over with your co-parent to find out if it’s feasible and then consider whether the two of you want to agree on some “make up” time.  Some co-parents simply agree that time away from both parents is “regular” parenting time and there is no “make up” time.  Others conclude that if the kids are with Mother’s family, then it counts as Mother’s parenting time and vice versa.
  • Disneyland or hinterland?  Who gets to decide?  A dangerous game that some co-parents like to play is one-upsmanship.  Dad announces that he’s taking the kids camping in the wilderness of Wyoming, so Mom tells the kids that is the same time she intended to take them to Disneyworld, but “we’ll let the kids decide.”  No, no, no.  While it’s healthy for kids to experience all kinds of vacations with both of their parents — including lousy trips that result in years of story-telling fodder — it’s not healthy for parents to compete and it’s NEVER okay to put the decision-making authority on the kids.  If there is a scheduling conflict and your orders are not clear as to preference, then whomever declared the intention first should have dibs.
  • Who pays?  Generally, the parent taking the children on a trip will pay their way; however, some families manage it differently.  For example, if you both harken from Chicago and want the children to spend time with both families over the summer, it makes sense to share their transportation expenses.  One of our former clients shares the cost of a vacation home in California.  Mom and Dad rent the beach house for a month, with mom going for the first two weeks and dad going for the second two weeks.  The kids have the best deal:  they are on the beach for a whole month without interruption.

The most important thing to keep in mind is this:  your children deserve a happy childhood, so do your best to make sure that they have ample time with both parents and some real quality time with you both.  Try to remember back to your own childhood summers — what are the things you remember most fondly?  I remember things like floating on an inner tube on the lake, catching fireflies in a jar with my cousins, eating Grandma’s homemade peach ice cream on the back porch, and endless hours riding my bike in the park. 

Now, can you recreate that type of experience for your own children?  Can you, in the process, create a little pocket full of your own sweet memories?  Share your best summer co-parenting experiences in the comments section, below, and inspire all of us!

Choose Peace ~ it’s more fun!

Disclaimer: No matter what I write about, it’s not specifically about you — I’ve worked with literally hundreds of clients, most of them in very similar circumstances, so there may be a familiar ring to my stories. Also, I take poetic license with case stories, weaving in my own experiences with those of my colleagues, so each story will be an amalgamation of different people, situations, and outcomes. No matter what I write about, it’s not legal advice directed at you — in order to provide legal advice, I am ethically bound to determine conflicts, get background information, and gather the facts specific to your case. A blog is not legal advice, so please don’t construe it as such.

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Albert Einstein (a fairly smart fellow) said that the definition of insanity was “doing the same thing over and over again and expecting different results.”  In that respect, it’s fairly simple to self-diagnose!  If you’ve been doing the same things over and over and still expect to see different results, you might be insane … or, you might be giving a conditioned response.

Insanity needs attention from someone trained in psychiatry.  (Not my gig.)

Conditioned responses need attention from you, because the only cure for the conditioned response is awareness and a willingness to change.  So what does this have to do with family law?  As it turns out, quite a lot.  You see, if you are repeatedly responding in an unhealthy way to conflicts or issues with your co-parent, expecting THEM to change, you’re probably going to be disappointed (at the very least).

Read the rest of this entry »

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Are you Above Average?  You might think so, but you’re probably not when it comes to divorce.

Becoming Above Average is not nearly as hard as it sounds.  When it comes to family law matters, you don’t have to have a low percent of body fat, high IQ, big bank account or a lot of letters behind your name to be Above Average.  All you need is a little bit of knowledge and the will to use it. 

In this blog series, I’ve introduced you to Tim and Kathy, a fictional couple who represent the Average Divorce.  They spent more than half their net worth and two and a half years of their lives litigating their divorce.  They depleted their savings, their available credit, and their health.  Their kids went through a traumatic custody evaluation and the family business is facing bankruptcy.  They are the poster couple for the Average Divorce.  If you don’t believe me, just ask around!

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Create a New Tradition for Your New Family Dynamic

 This may be your first holiday season wearing your New Family suit, and it might  not feel as comfortable as you would like, so here are some ideas to help you find the joy in the season:

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In my last blog, I asked you to think about a question:

Am I willing to turn over a significant percentage of my net worth in order to be divorced?

Since you’re back to read more, I’m guessing you answered NO to that question and you’re ready to Avoid Financial Bedlam.  Here are a few ways to keep more of your cash when you’re getting divorced.

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Financial Bedlam. 
That’s how one client described his divorce.

Like many people seeking a divorce, “Tim” just wanted a short and simple divorce without a lot of fighting over “things.”  (No, it’s not really Tim. See Disclaimer.)  Tim, a small business owner, has the “entrepreneurial temperament,” which means that he is used to getting what he wants, when he wants it.  Divorce was no different, so Tim did a lot of pushing.  After all, he was being “fair” and his wife just needed to see his side of things.

Read the rest of this entry »

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