Divorce Information
How To Protect Your Life Insurance Policy While Going Through A Divorce
Life insurance, more than most things you buy, relates to the circumstances of your life. You buy life insurance to protect your family from financial loss stemming from your death. You tie the amount of your life insurance to the money your family will need to provide an income, pay off debts, put children through college and cover financial commitments.
Joint Bank Accounts and Divorce
Here are some useful tips on joint bank accounts and divorce. If you've recently been through a divorce - or are contemplating one - you may want to look closely at issues involving joint bank accounts.
Four Tips to Save You Money in a Divorce Case
1. Have an Clear Written Fee Agreement
Healing Dysfunctional Families
In a recent article entitled "Some Evidence On How We
Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications.
Divorce--How the Legal System Works Against You
If there were no legal system, no lawyers and no courts, divorce would still be difficult and it would still take time to go through it. Divorce is at least a major crossroad in your life, maybe even a full-blown life crisis.
So, here you are, you and your spouse, going through your personal life changes, when the State comes along and says, "Excuse me! You can't go through this without us. Your divorce has to be conducted on our field and under our rules . . . and you can't even hope to understand our rules. Oh, by the way, this divorce system we're going to put you through has no tools for helping you solve problems or negotiate with your spouse. In fact, our system is based on conflict and it is specially designed to cause trouble and greatly increase your expense. Please pay your filing fees on the way in."
Our system of justice is known as an "adversary system." This is the nature of the beast. It began hundreds of years ago in the middle ages with "trial by combat," where people with a disagreement would fight it out and whoever survived was "right." Today, physical contact is no longer a recognized legal technique, but things are still set up as a fight. The parties are regarded as adversaries, enemies in combat. When a divorce is conducted in our legal system, the spouses and their attorneys are expected to struggle against one another and try to "win" the case, to "beat" the opposition.
The rules control the way your attorney works with you. Your attorney is required to be "adversarial," that is, aggressive and combative. The adversary system and the way lawyers work in it is a major cause of conflict, trouble and the high cost of divorce. You want to have as little as possible to do with the legal system. It is designed to work against you.
In spite of the way things seem, lawyers are not always villains and not always to blame for stirring up conflict. But even for lawyers who mean well, the tools they use and the system they work in will usually increase conflict. Law schools do not require courses in communication or negotiation. Rather, they stress manipulation of rules of law, aggressive and defensive strategy, how to take any side of any case and make the most of it, how to argue, and how to get the most financial advantage in every situation.
Professional standards of practice dictate how a lawyer will conduct your case. For example, professional ethics forbid your lawyer to communicate directly with your spouse--the adversary. It is expected, instead, that your spouse will be represented by an attorney and your lawyer can only communicate through your spouse's lawyer.
This means that your attorney can't "talk sense" to your spouse, or explain to your spouse how you see things, or even help you talk to each other. It means your attorney will always have a one-sided view of your case and can never achieve an understanding any greater than your own.
If you retain a lawyer, he will definitely take your case into the contested cycle of the legal system because that's the only thing he can do. He has to. There are no other formal tools a lawyer can use.
The primary tools the lawyer uses are pre-trial motions and discovery. An attorney can take you and your spouse into court to get temporary orders for support, custody, visitation or keeping the peace. An attorney can use formal discovery to get documents and information under oath.
So, if you and your spouse can work out your own temporary arrangements and share all information openly, you'll have no need for those incredibly expensive legal tools. You can keep your case out of lawyers' offices and out of court.
But, if either spouse retains an attorney, that attorney will invariably write formal letters, file legal papers, make motions, and do discovery. These actions will surely cause the other spouse to get an attorney, too. Now, instead of two people who don't communicate well, you have four people who do not communicate well. The case is now contested and the cost and conflict level will go way up. Attorneys tend to ask for more than they expect to get; it's considered "good" practice. Your spouse's lawyer will oppose your lawyer's exaggerated demands by offering less than they are willing to give and by attacking you and your case at the weakest points.
Now you're off to a good, hot start and soon you'll have a hotly contested case, lots of cost, and a couple of very upset spouses. Fees in contested cases can run from tens of thousands of dollars each all the way up to everything.
Summary: Except in high-conflict cases, the legal system has little to offer. The things an attorney can do for you are expensive, upsetting, and tend to increase conflict rather than reduce it.
If you don't want to (or have to) use the legal system, go around it--work out your arrangements outside the legal system and, if necessary, get limited assistance, in the form of information and advice, from attorneys who do not represent the spouses.
Take heart; I tell you exactly how to do this in my articles, Divorce Roadmap: The Route Around the Legal System and Divorce--How You Can Beat the System.
Copyright 2005 Ed Sherman
Divorce Roadmap: The Route Around the Legal System
Let's look at how a divorce case works so you can see what you face and how you can beat the legal system. The legal divorce process is similar in all states, but there are two common sets of terms. In this article, I use the first set.
Divorce--How to Beat the System
Of course you want to get your Judgment--that's the goal of your legal divorce--but you don't want to go through the adversarial legal system to get it. You don't want to get all tangled up with lawyers and courts, because the system is designed to work against you.
Rebuilding Your Life from the Ashes
One peculiar feature of a stepfamily is that they are built on a
negative foundation. A stepfamily couple comes to their new
home with a full set of baggage, containing memories,
wounds, and habits. Probably the biggest piece of baggage
that sits in the way of your developing a new life is your
connection to your ex?spouse.
Spousal Emotional Abuse During Divorce--What You Can Do
Is your spouse violent, abusive, harassing? In cases of harassment or violence there are legal remedies and there are practical things you can and must do for yourself. This is not about reaching agreement--these are strategies for self-defense. Mental and physical abuse must never be tolerated.
Divorce--The Five Obstacles to Agreement
This article and my articles "Overcoming Obstacles to Agreement" and "Negotiating Agreement" are about how to deal with disagreement--from simple difference of opinion to active upset and anger--and some specific steps that will help you reach an agreement. As you will see, the things you can do yourself are far more effective than anything a lawyer can do for you.
More than 90% of all cases are settled before trial. Unfortunately, too many are settled only after the spouses have spent their emotional energies on conflict and their financial resources on lawyers. The time and effort spent battling has impaired their ability to get on with their lives and may have caused serious psychic damage to themselves and their children. The spouses could have saved themselves all that simply by agreeing to settle earlier. Why didn't they?
Okay, here you are, heading for a divorce; your spouse is going to be involved and you want to work out an agreement. What's so hard about that? Why don't you just do it? Easier to say than do, isn't it? There are good reasons why it's hard for spouses to work out an agreement--five, to be exact:
Divorce--Overcoming the Obstacles to Agreement: Ten Steps
You're going to want to be working on your divorce agreement outside the legal system, because the things you can do to help yourself outside the legal system are far more effective than anything a lawyer can do for you.
But please don't just walk up to your spouse and start negotiating. First, you want to do something about the obstacles to agreement. This means that before you get down to negotiating your real issues, you have to:
calm emotional upset, reduce fears and balance the bargaining power of both parties;
get reliable information and advice;
and learn how to get safe, reliable help if you need it.
Divorce--Negotiating Agreement: Ten Steps
The best predictor of a good divorce outcome is the degree of client control over the negotiation--everything works much better if you have it. This doesn't mean you should not get help and advice from an attorney if you want it; it means you are better off if you plan to do most or all of the negotiating yourself.
Studies indicate that clients feel their attorneys don't actually give them much help or guidance anyway. In a 1976 Connecticut study, nearly half of those interviewed reported no more than three contacts with their attorney, including phone calls, while 60% said they had worked out all issues without attorney help.
A New Jersey study in 1984 considered only cases with children where both spouses had attorneys. Fewer than 20% felt their lawyers had played a major role in settlement negotiations.
So, you see, you are likely to end up dealing with the negotiation anyway and there is strong evidence that you are far better off if you do. You get a higher degree of compliance with terms of agreement, a much lower chance for future courtroom conflict, co-parenting is smoother, support payments are more likely to be made in full and on time, and you get on with your life more quickly.
Don't expect negotiating with a spouse to be easy. There are lots of built-in difficulties--so many that you may want professional help from a good mediator. But, okay, so there are problems--that's nothing new in the world of divorce. Let's look at exactly what you can do about it. Here are ten steps you can take to make your negotiations work:
1. Be businesslike:
Marriage - Divorce - Separation - How to Handle the Split Loyalties with Friends After Separation
We have all most probably encountered it at some stage in our lives - who do we stay friends with after a couple divorces or separates?
Divorce and Separation - A Child?s Perspective
It is always the children that suffer the most when a marriage breaks down and separation or divorce is imminent. Children of divorcing parents often witness arguments even rows and this has a strong effect on any child. Children do not understand why parents argue and cannot relate to rows during the build up to a divorce or seperation. They become confused and insecure and their life seems as if it is in turmoil. Here we explain some of the issues from a child?s perspective.
Marriage Seperation - A Practical Guide
Finance in marriage seperation is a very big issue particularly with regards to the mortgage and household bills. When marriage seperation is inevitable obviously both parties need somewhere to stay and often it can be quite difficult to sell one property and then try to finance two. Some couples agree to keep the existing property going and one partner move out into rented accommodation for a trial marriage seperation period. This then gives each partner time to reflect and decide what may be better for both parties. However, both parties in marriage seperation have to live and are sometimes eligible for single parent help should they have children. This, together with child maintenance, could help with their financial situation considerably.
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RELATED ARTICLES
Divorce Decision: Things To Consider When Making A Decision About Divorce
When making a divorce decision, there are quite a few things that you should consider. Too often people find themselves unable to clearly identify what they need to think about when making a divorce decision which leads to further indecision and frustration. When making a serious divorce decision, having an open mind and listing the things that will figure into your decision about divorce, will help make the process a little simpler for you.
Alienation of Affection - Interference with marriage can cost big bucks in North Carolina
Non-lawyers are often surprised to learn that a spouse can sue for money damages in North Carolina based on allegations of emotional harm caused by a third party to the marital relationship. These lawsuits for "alienation of affection" and/or "criminal conversation" are usually brought by the innocent spouse against the guilty spouse's lover; but an alienation action may also be brought against someone like an in-law or other near relative who has advised a defecting spouse to leave the marital relationship. There is a three year statute of limitation for criminal conversation and alienation of affection, pursuant to N.C.G.S. Section 1-52(5). This statute starts on the date that alienation occurred, which is determined by a court on a case-by-case basis.
Anatomy of a Divorce: How it Really Works
The legal divorce vs. your real divorce
The legal divorce has very limited concerns: to get a judgment of divorce, you have to make arrangements for your property, your children, and support (if any). If you have a high degree of conflict, it is also about keeping the peace and protecting you, your children and your property. That's it; that's all the legal divorce is about.
The law is used to impose a decision in your case only when there is a disagreement that has been brought into court. If you can reach a fair written agreement with your spouse, you can get almost any terms you like without much reference to laws. But, where children are concerned, a judge might take a look at your terms to make sure they are reasonably well supported and protected.
All you get from your legal divorce is a piece of paper--a Judgment--with findings of fact and court orders on the above subjects. That's all. This is what all the fuss is about; this is what people go to attorneys for and spend tens or hundreds of thousands of dollars to get--a piece of paper with orders about peace, property, custody, and support.
You might think that a legal divorce will solve your problems, but it probably won't and it is critically important that you understand this so you don't expect too much from the legal divorce--or some lawyer--and set yourself up for frustration and disappointment.
Your real divorce is about ending one life and beginning another, then making it work--spiritually, emotionally and practically. The real divorce is about breaking old patterns, making a new life and seeking a new center of balance. It's about doing your best with the hand you've been dealt.
Understanding some basic things about how the real divorce works will help you enormously in dealing with yourself, your spouse and your list of practical problems.
How you feel is probably the most real thing in your life right now. Nothing else in your life is as real as your pain, your fear, your anger, hurt, guilt, tension, nervousness, illness, depression--whatever it is you are feeling.
The practical tasks you face are also very real: how to get by financially, how to rearrange the parenting of your children, what to say to family and friends, what to do next, and so on.
In your real divorce, then, you face these challenges:
Emotional: This is about breaking (or failing to break) the bonds, patterns, dependencies, and habits that attach you to your ex-spouse. It's about learning to let go of anger, fear, hurt, guilt, blame, and resentment. You learn about past mistakes so you don't have to repeat them. You develop a balanced view of yourself, your ex-spouse, and your marriage. You create self-confidence and an openness to new intimate relationships.
Physical: Our minds and bodies are not separate and life does not come in these neat boxes. Emotions--especially strong ones that are ignored, denied or repressed--are frequently expressed physically. During divorce, people tend to experience a lot of tension and nervousness. They get ill frequently and have accidents. This is a time when you must take extra good care of your health, pay close attention to your body, and be extra careful when driving.
Practical: This is about taking care of business on the physical plane--including the legal divorce. It's the nuts and bolts of what to do, where to go, and how to get there as you begin to build a new life for yourself. You need to create safety and security for yourself and your children; to make ends meet in a new life-style that produces what you need and needs no more than you can produce.
Going through major life changes--in other words, re-creating your life--is demanding, hard work, but it may be the most important thing you ever do. And, unless you decide to get counseling or go into therapy, the real divorce won't cost a dime!
This article was taken from the book Divorce Solutions: How to Make Any Better, which is full of practical advice on how to handle the issues described above. Learn more by going to Divorce Solutions.
Copyright 2005 Ed Sherman
Divorce Makes Us Stronger
My friends call me the "Divorce Poster Child".
Divorce and Children: Things To Consider When Youre Staying Married Only For Your Children
All children are different and respond differently to divorce. Depending on the characteristics of the children - age, emotional maturity, happiness, resiliency to trauma - the easier or more difficult it will be for children to weather a divorce.
10 Ways to Keep Divorce Lawyers From Ruining Your Life
Everyone has heard the story (from friends, co-workers, and family members) of the divorce from hell; the one that grinds on for years, costs untold thousands of dollars, and frustratingly plods its way through the court system. It costs people not only their marriage, but often their children, their savings, and their emotional well-being, as well. Unfortunately, many people going through a divorce end up hating their lawyer, and more commonly, hating their spouse's lawyer. It doesn't have to be that way. You can get a divorce without letting lawyers ruin your life. Using the ten tips outlined below will make a huge difference in the way your divorce progresses. It's hard to behave rationally as you navigate this painful process, but the vast majority of people find the strength to get through a divorce without losing control of their emotions or finances. You can control the process and guide the matter to a successful solution, leaving your financial situation intact and allowing you to meet your needs now and in the future.
Love and Marriage Fairy Tale
When we were children we believed in fairy tales and happy ever after endings just like Cinderella, Snow White, Sleeping Beauty and many other fairy tales. However, as we grow older, we soon realise that situations in real life do not always turn out as we would of expected our fairy tale to.
Should I Get Divorced? Or Not?
No one besides you can determine whether or not a divorce is right for you! But, there are some general questions which pretty much apply to everybody. Thinking about the following issues may help you answer this question for yourself!
There Is Life After Divorce
A married woman becomes a single woman for one of two reasons: death or divorce. The former is an honourable state, the latter is not.
Women And Divorce: How Women Should Protect Themselves Financially Regarding Divorce
Women who believe a divorce is a possibility or who think that their husband will be asking about getting a divorce at some point should put their emotions aside and plan "just in case" their intuition is correct that a divorce may be coming in the near future. If women who believe that the "divorce discussion" may be lurking, they should make it a point to look for solid signs that their husband will indeed ask for a divorce...then they should plan accordingly.
Avoid Lawyers! Do-It-Yourself Divorce Saved Me Tons of Money!
Let me preface this by saying right up front - this is NOT for everyone. The key is that my situation was friendly enough to still communicate with each other after we split. My ex-wife and I agreed that our kids were certainly worth that! And we still have to deal with one another until they are through college. This is offered as a life experience only and not intended as legal advice. As such, this may not apply to you.
Deciding On Spousal Support
No matter which side you are on, spousal support is something that will need to be taken care of during a divorce. Something must be decided about spousal support, yet, where are you to begin? What are you going to do to resolve this issue of spousal support? Are you afraid to ask for what you already know you deserve, support? Or, are you on the other side, wondering what is going to be required of you as far as spousal support goes?
Guide To Reducing The Cost Of Divorce
Seven Tips to help you keep more of your money at a time when you especially need it to support two households instead of one.
How To Protect Your Life Insurance Policy While Going Through A Divorce
Life insurance, more than most things you buy, relates to the circumstances of your life. You buy life insurance to protect your family from financial loss stemming from your death. You tie the amount of your life insurance to the money your family will need to provide an income, pay off debts, put children through college and cover financial commitments.
Healing Dysfunctional Families
In a recent article entitled "Some Evidence On How We
Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications.
Divorce -Is It Lawful?
The question of divorce and its lawfulness is of long standing. The law-makers of our day have tried to answer the question. In many countries of the world it is said, "Yes, divorce is lawful." Yet after the government has granted permission and many have obtained divorce by suits at law, the question still remains, Is divorce lawful?
The Legal Side of Divorce
While divorce can be an emotionally draining experience, even in the best of situations, it can also be a complicated legal matter that affects both parties equally. No matter how long your marriage has lasted or how few belongings you share together, it is also best to involve an attorney in your divorce proceedings. With out legal representation your rights could go unprotected and you could end up in financial trouble or even lose custody of your children or possessions.
Effects of Divorce on Children
When a couple decides their marriage is over, a tremendous sense of grief and relief are felt. A recently divorced person will feel grief over the loss of their marriage and the loss of their partner in life. But there is also a sense of relief that the pain and anguish is now over and their healing can begin. For couples without children divorce is a far simpler process. They are not continually seeing each other to bring up all those bad feelings over and over again. When children are involved parents must learn their new roles and coexist quickly to minimize the negative effects of divorce on children.
The effects of divorce on children can be very traumatic.
Some children blame themselves for the divorce, believing that they caused their parent's divorce due to their bad behavior or not listening. Some children just shut down after the divorce and find it very difficult to express their feelings. Often they look as sad as they feel, withdrawing from friends and activities they once enjoyed.
The effects of divorce on children can harm their future.
The effects of divorce on children can be detrimental to their future relationships. Children sometimes feel betrayed by their parents, resulting in a mistrust of others. This inability to trust others hinders their ability to form intimate relationships.
Parents can minimize the effects of divorce on children
The good news is that the effects of divorce on children can be minimized by their parents. Parents can reassure their kids that the divorce is not their fault. It is also important for parents to make their child feel safe by reassuring their child that they are loved by both parents. It is also important to let your child know that parents do not divorce their children. Tell your child that you are available to answer any questions they might have about the divorce. The effects of divorce on children will be less severe if the couple is able to put aside their differences as much as possible and work together to provide a loving, safe and consistent environment in both parent's homes.
Hidden Divorce Costs
Divorce has become part of life in the 21st century. The stigma of being divorced that once existed no loger exists. This does not mean that divorce is an easy decision to make. There are many reasons why people decide to get divorced. The most common reason that I have seen through talking to hundreds of people is due to infidelity.
Credit and Divorce
Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Months later, after Bill neglected to pay off these accounts, all three creditors contacted Mary for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that Mary was still legally responsible for paying off the couple's joint accounts. Mary later found out that the late payments appeared on her credit report.
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