The Smart Divorce® Weblog

Move forward with focus, hope, and confidence.


Leave a comment

Commemorate International Child-Centered Divorce Month 2013

 Commemorate International Child-Centered Divorce Month 2013 with free gifts & events for families dealing with divorce issues!

If you’re a parent coping with divorce-related issues, professionals around the world are here to provide free gifts and services to you all through January. In recognition of International Child-Centered Divorce Month, we’ve enrolled child-centered divorce mediators, divorce coaches, therapists, financial planners and other professionals on four continents to join this educational campaign. Their goal is to share insights, advice, tips and tools to help you create the most positive outcome for your family as you transition through divorce and beyond.

Here’s just a sampling of the many gifts awaiting you when you visit our special website: www.divorcedparentsupport.com/ebook.

At the website just enter your email address to download free ebooks, coaching services, online parenting classes, audio seminars and much more!  Choose as many gifts as you like. The links are at www.divorcedparentsupport.com/ebook.

In celebration and support of this important event, I am providing a 20-minute Free Coaching Session — $60 value
The Smart Divorce one-on-one coaching guides people to have a positive outcome from their divorce – for a happier, healthier future. 

 Check out the the ICCD website for more great offers and free downloads awaiting you at the special ICCD Month at www.divorcedparentsupport.com/ebook. Just enter your email address, click the confirmation email link, and you’ll be sent directly to the FREE GIFTS and FREE EVENTS pages. Visit often, all through January.


Leave a comment

The Meaning of Alternative Dispute Resolution: And how it impacts your divorce

What is Alternative Dispute Resolution?

By 

Shared cusstody on The Smart DivorcePeople who need family lawyers are different from people who need other types of lawyers. If you are going through a separation or divorce, or if you need help with child custody or access, child or spousal support, or a children’s aid society issue, your case is about your life.

John Schuman with Deborah

John Schuman with Deborah

The lawyer you choose, and how the separation agreement is settled will also determine how amicable or adversarial the divorce process is, once again impacting your life.  In this episode of The Smart Divorce with Deborah Moskovitch, family law lawyer, John Schuman helps us understand the differences between all of the Alternative Dispute Resolutions to consider when coming to a separation agreement.  We discuss the importance of staying out of court, but also when it might the only option.   John has litigated before every level of court in Ontario, so readily understands the outcomes – not only from a decision perspective, but the impact on emotions as well.

For more on John Schuman, visit: http://www.devrylaw.ca/ and read Nobody Asks Where I Want to Live at:http://www.devrylaw.ca/wp-content/uploads/2011/11/ConsenttoTreatmentandParenting.pdf.

Don’t forget, Like us on our Facebook pages, The Smart Divorce and Divorce Source Radio.  Join the community!

To hear this podcast click here


1 Comment

Change Your Brain, Transform Relationships

What if you could change the negative thoughts and behaviors that have been detrimental to healthy relationships in the past? Have you ever had feelings of being blamed, unappreciated, rejected or even un-loved in a past or current relationship? Imagine what would happen if you were able to “rewire” your brain and eliminate your negative feelings and replace them with positive feelings that make you feel  accepted, appreciated valued, loved and successful.

David Folk

David Folk

On this episode of The Smart Divorce, recorded at The Family Support Expo in Toronto, co-founder of NEXT Integrative Mind Sciences, David Folk joins us to discuss the potential to changing our brain and transform relationships. (Neuroplasticity)

David’s NEXT program guides students through a series of exercises that teach you to utilize your brain’s own natural plasticity by creating new and lasting patterns of behavior.  Armed with new abilities for emotional behavioral regulation, graduates of the couples and families program consistently report radical improvements to their relationships compared to when they began the program.

Learn how developments in neuroscience can benefit your life in this exciting program.  For more information on David Folk and the NEXT program, visit: www.The NextProgram.com.

To listen click here


1 Comment

Considering divorce? Good reasons to wait for January

By Geoff Williams

Fri Dec 21, 2012 11:43am EST

(Reuters) – Going through a divorce during the holidays can be emotionally wrenching, which is why many people don’t do it – they put it off until January.

“People don’t want to upset the apple cart over the holidays, and they want a peaceful Christmas, Hanukkah or New Year’s. And then, because they don’t want to spend another damned year with that spouse of theirs, as soon as the holidays are over they pull the plug and file,” says Alton Abramowitz, president of the American Academy of Matrimonial Lawyers.

While there are no hard numbers on how many divorces are filed in January, Abramowitz says it’s undoubtedly a popular time to act, rivaled only by September, when marriages break up after the summer holidays. Yet waiting for the holidays to pass doesn’t all come down to simply wanting a harmonious holiday season. There are sound financial reasons to wait until January.

1. Waiting for the bonus

A husband or wife who waits until January is likely to be entitled to any year-end windfall that might come from a spouse’s job.

“In New York, at least, once you file for divorce and you set the cut-off date, anything you obtain afterward is separate property,” says Steven Goldfeder, a matrimonial attorney in New York City who acknowledges that year-end bonuses are often fought over, even if a spouse declares he or she wants a divorce in January. “Someone could claim the bonus isn’t really for that particular year, but a payment to entice someone to stay at the firm for the future.”

2. Cool your emotions

The holidays are a time when emotions run high. “If your spouse always has it in her mind that Christmas was ruined, she or he may not be so eager to settle with you,” says Goldfeder. “Your divorce might drag out for months or years longer than it would have.”

Once, shortly before Christmas, Goldfeder received a call from a client who said a co-worker had had a baby they both believed was his. The client, married and the father of three, planned to tell his wife and assumed she would leave him. Goldfeder talked him into first getting a paternity test. The client’s family had a nice Christmas, and the day after, the client learned he wasn’t the father.

Not exactly a warm holiday tale, but by cooling your emotions, you may save your family a lot of stress.

3. Avoid disastrous shopping

December is the shopping season, and that can spell disaster if an angry spouse is set loose with a credit card. “The spouse served with divorce papers may feel that they deserve some kind of emotional gift because of this horrible thing their spouse did to them,” says Kevin Worthley, a certified divorce financial analyst and certified financial planner in Warwick, Rhode Island.

An angry spouse may also be more inclined to want to drain the bank accounts and run up the credit cards. “That’s a danger any time, but past the holidays, when everything’s been bought, there’s likely less inclination to buy a big-ticket item out of revenge,” says Worthley.

4. Think about April

At year-end, taxes come to mind. “Obviously, the better records you have, the better position you’re going to be in,” says Andrew Katzenstein, a Los Angeles lawyer, referring to paperwork that you might want to start collecting now.

Katzenstein, who specializes in assisting high-net-worth individuals, businesses and charities, says that in the past there haven’t been many tax advantages to filing for a divorce in January rather than December. Filling for divorce is just a beginning step, after all. Many couples end up filing their taxes jointly until the divorce is completed.

But tax brackets may go up in 2013, depending on whether the U.S. budget dispute is resolved. So going forward, the calculus may be different. “The person who pays alimony will get more bang for their deduction buck, and the person receiving the payments will pay more taxes,” he says.

5. More time to plan

If you’ve made up your mind that a divorce is going to be one of your New Year’s resolutions, there are things you can do now. Whatever side you end up on — paying alimony or receiving it — you need to start preparing.

“You should start collecting all of your end-of-the-year statements,” says Worthley. “You really need to know everything — your household budget, your assets, what’s in your checking account, how much you’re paying for the mortgage, all of your debts and your credit card balances. It’s important to get all of that.”

Your financial records will be needed to determine how much spousal support will be paid out, and how the finances will be divided. “The more information you get, the less complicated it’ll be when you’re negotiating and working things out with a financial mediator, attorney or judge,” says Deborah Moskovitch, a divorce coach in Toronto who counts January as her busiest month for new clients.

To read the whole article click here


2 Comments

Blended Families: Celebrating the holidays

How do you celebrate the holidays when blending families? With sensitivity and creativity, you can develop new traditions and routines. Read below to gain perspective and ideas.

Blended families: Celebrating the holidays

Today's ParentBy Dawn Calleja | Today’s Parent

 love Christmas. Yup, I’m one of those people: belting out schlocky tunes in the car, searching for the perfect ceiling-scraper of a tree, bawling my way through It’s a Wonderful Life. But the emotional and logistical strain wrapped up with the holidays at our house – courtesy of my husband’s four kids from two exes, in addition to our own two little ones – can bring out the Scrooge in me.

There was the time my husband’s then-five-year-old son called to tell us excitedly about the Pokémon toy Santa had delivered – the exact same one waiting for him under our tree. Or the year a tipsy ex-number-one called in the middle of our Christmas Eve party to shout that there was no way she was driving downtown to pick up the kids the next day. You get the picture.

Even for the most happily married couples, the holidays can be fraught with conflict and compromise. It can be exponentially more complicated for the approximately 776,000 Canadian parents who are divorced or separated and raising kids without a new partner. Then there are the blended families – almost 13 percent of Canada’s 3.7 million two-parent families are stepfamilies, like mine. Negotiating how to share the kids is never easy, but this is a time of year when it can be hardest to let go. “Christmas is a tough time because there is a lot of tradition and ritual around how the holidays are managed,” says Deborah Moskovitch, author of The Smart Divorce, a book she was inspired to write after her own acrimonious split. “But you have to share it. That’s how you have to look at effective co-parenting.”

Here’s how to ensure your festive season is filled with merriment – not resentment – this year. 

Make a plan

If you haven’t set a holiday schedule by the time you read this, do it now. “You don’t want the kids to have any angst about what they’re going to be doing at Christmas,” says Moskovitch, who also founded a divorce coaching service. Sit down with your ex and bring a calendar (and, if necessary, a neutral third party, like a professional mediator or trusted mutual friend) to figure out exactly how you’re going to divvy up the holiday break, right down to whether the kids are being picked up or dropped off, at what time, and the things they’ll need to pack. “It can be fluid and change, but it gets rid of any miscommunication,” says Moskovitch.

Trevor Pereira and his ex-wife made their Christmas schedule part of the separation agreement they drew up seven years ago. In even years, he has their two kids for Christmas Eve and morning, then hands them off at noon. In odd years, he picks them up from their mom’s house, still in their pyjamas, and takes them home for brunch and more presents. (To help avoid the aforementioned Pokémon scenario, Pereira and his ex go over the kids’ wish lists together each year to decide who’s going to buy what and how much they’ll spend.) “It’s sad either way,” admits Pereira, an IT specialist from Brantford, Ont. “Either you don’t have them in the morning or you don’t have them in the evening. But at least we both still see them on Christmas Day.”

Luckily for Pereira and his ex, they live in the same town. For co-parents who live in different cities, or even different provinces, it’s not so simple. If you have to kiss your kids goodbye for the entire holiday, says Moskovitch, “make sure you can call and talk to them. They’ll want to know you’re OK.”

To read the whole article click here

How did you blend your family…..please share your new traditions, routines and ideas.

Wishing you all the best for the holiday season!


1 Comment

What are the dispute resolutions?

You have choices and options to arrive at your separation agreement.A smart divorce means doing the research and gaining the understanding of these options so that you are making your decisions with confidence.

Do it yourself

This is the situation when separating couples to try reach an agreement without legal counsel.When I conducted my research for my book, The Smart Divorce, not one lawyer recommended this option. They didn’t support this option because they felt it is imperative that people understand their rights in terms of what they are entitled to and financial responsibilities and obligations with regard to spousal support and child support.For example, you could be giving away or not getting your most important assets; you might not be doing what is in the family’s best interest.If you do decide to go this route, you should at least consult with a lawyer first to get independent legal advice to understand your rights.

Negotiation

Think of negotiation as taking your wish list regarding how you divide your assets and what your parenting responsibilities should be and use this list as a starting point for what you end up with. It’s me and my lawyer versus you and your lawyer finding a compromise– all with the goal of reaching an acceptable middle ground.It’s me versus you with our lawyers beside us.Usually, we’re both trying to get as much as possible.

Now if you have to go to court, negotiation takes place too.The purpose of negotiation here is using it to avoid trial. When people file lawsuits there’s an expectation that there will be some maneuvering and bargaining and eventually a settlement will occur rather than full blown court with trial.The typical pattern is to use the threat of trial to get people to bargain and stay out of court.

Mediation

Mediation is using a mediator – It’s using the help of a neutral third party to help the divorcing couple reach a separation agreement together.A mediator is the problem solver helping the couple arrive at an agreement by helping them communicate with each other– a good mediator will help the couple identify issues and explore choices that they hadn’t thought of on their own.

Another benefit is that for some couples mediation is more cost effective because they are splitting the cost of a mediator, rather than paying hours separately with their individual lawyers.Many lawyers and clients like it because it gives both sides more control over the final outcome, but it does require that you be willing to work together, there is honesty and full disclosure about the finances.

A mediator can be a lawyer or a mental health professional.Most lawyers prefer that when you are mediating financial matters that your mediator be a lawyer.

Collaborative family law

The concept is that the lawyers work strictly toward settlement. Clients and their lawyers sign a contract in which they agree not to go to court, and to provide full and complete financial disclosure. The purpose of collaborative law is to create an environment in which the separating couple feels safe, in which both parties feel that they are able to make informed decisions about their own destinies, and in which they can work constructively despite their fears, anger, and feelings of revenge.

The lawyers fulfill their traditional role of advising their own clients on how the law applies to their individual situations. But they also help their clients to reframe their thinking–to develop goals as opposed to taking positions, and to make good and ethical choices. If either client wishes to end the collaborative process and go to court, both lawyers and other members of their firms must remove themselves from the case.

Arbitration

Arbitration is much like litigation in that you go to court in a sense, but it is outside of a courtroom. It is a private process. The divorcing spouses together with their lawyers pick a decision maker, who is usually a retired judge or senior lawyer with family law experience.

What happens in arbitration is that the decision being debated between the couple is imposed by the arbitrator.Unlike mediation, no one helps the couple come to an agreement; the decision is made for them. And, usually, if you don’t like the decision, it can’t be appealed which means, you can’t argue it out again for the decision maker to change his or her mind.

Litigation

I’m not saving the best for last; this is last because litigation is usually the option of last resort.Going to court.It’s emotionally difficult and financially, very expensive.

Who remembers Perry Mason?– when you’re up on the stand and your lawyer is asking lots of questions and all of a suddenthere is this aha moment by the judge and yes, it’s determined you are right and the other side is wrong and justice is served.It’s his word against hers and the battle starts from there.The lawyers try to poke holes in your persona showing that you are unfit.That’s why it is called the adversarial process.There is one winner, and one loser.It’s not a win – win situation. It’s a war and there are distinct sides.

Like arbitration, the decision is made by a third party.Unlike arbitration, you can’t pick your decision maker and the judge doesn’t always have family law experience.Another difference is that arbitration is private, going to court is public.Being public means that there is a public record of the dispute.

For a more comprehensive analysis of the dispute resolutions readThe Smart Divorce: Proven Strategies and Valuable Advice from 100 Top Divorce Lawyers, Financial Advisers Counselors and Other Experts (available wherever books are sold)


Leave a comment

The Shared Custody Experience

On this episode of The Smart Divorce with Deborah Moskovitch, our guest is Denise Whitehead, a lawyer with a Ph.D. in Family Relations & Human Development.  She combines her legal and social science backgrounds and shares her important research on socio-legal practice and policy issues related to separation and divorce that affect all members of the family system – mothers, fathers and children.

Denise Whitehead

Dr. Whitehead discusses her dissertation research that involved in-depth interviews with young adults who spent time in shared custody as children and examined their perspectives on transitions, relationships and fairness.  The information is helpful on so many levels – but most importantly looks at what children really want, the outcomes and impact.

Topics in this program include:

  • How shared custody is influencing parent child relationships
  • Fairness in decision making
  • What children want in a custody arrangement
  • The importance of quality time with children
  • Who “owns the time”
  • ‘Managing-up:’ Young adult children who experienced shared custody reflect on their efforts to make family relations work
  • Custodial decision-making and fairness: Young adults who lived in shared custody give their ‘expert’ opinions
  • And so much more…….

This is a must listen show if you are thinking of, working through or implementing your parenting plan.  Dr. Whitehead provides practical and creative thinking about parenting and the relationship with your children.

To listen click here

Don’t forget, Like us on our Facebook pages, The Smart Divorce and Divorce Source Radio.  Join the community!


1 Comment

Five Steps to a Healthier You, Post-Divorce

Make no mistake; divorce is upper case Emotional. When I decided to leave my marriage, I could not imagine how I would ever say the “d” word to my children or spell out how their lives would change. While I accepted whole-heartedly that my priority was to put my children’s best interests first, I was also painfully aware of how my world was uncoupling and changing. Even though almost 40 per cent of marriages end in divorce, I felt little comfort from a statistic.

At first, I felt very overwhelmed most days. I vividly recall many dreams of moving through scary-divorce-land bogged down by a big bad trunk of fear, anxiety, guilt and anger. I knew I had to unload the trunk to get anywhere but I did not want to “deal.” And, who could even think of dating. But the truth is, that while I knew it was important to put my children’s best interests first, I also knew that it was important to get my own life on track if I was going to be a good parent and role model.

As I began to rebuild my life post-split I quickly realized I had choices — I could choose to be a victim, or I could choose to move on, and it was up to me to build a good life, a happy and fulfilling life. Yes, the future was fraught with uncertainty but I reframed that thought and looked at what I could do to make life better, happier and brighter. The life I’ve now created is beyond my wildest dreams. If anyone would have told me in the darkest of my emotional days that I would be a divorce coach, a best selling Canadian author, a keynote speaker at The Divorce Party — and so much more, I would have told them they were dreaming. But, by opening myself up to new experiences and being open minded, I learned that divorce is rich in opportunity to learn and grown from — and grow I did.

To find out the 5 steps, read the full article here 


Leave a comment

The Divorce Party on CP24Breakfast

Want to hear more about The Divorce Party? Steve Anthony and I spoke today about the Divorce Party and much more, on CP24.  Would love to hear your thoughts about this inspiring event.  Come and join the fun!

http://www.cp24.com/video?clipId=762136


Leave a comment

Don’t Let Divorce Destroy Your Relationship with Your Kids

The calendar year starts in September for many families, and along with that comes many adjustments. One of the most serious fall-outs of divorce may be a diminished child-parent relationship.

What happens when you’re a kind, loving, caring parent whose relationship has been downgraded for what seems like no reason at all? How do you maintain a relationship with your children when their priorities change from family to now focusing on school and friends? Here are five ways to maintain a relationship with your kids during the school year.

1. Re-frame your thinking: Don’t measure time spent with your children in quantity — minutes and hours — but in terms of the quality of time you are spending together.

2. Be creative: Keep the relationship going by doing what is in their best interest — driving them to programs, helping them with homework and asking them what they need from you. By doing so, you get to know who their friends are and understand what they are doing at school; it will help promote conversation.

To read the whole article, click on the link below

http://www.huffingtonpost.com/deborah-moskovitch/dont-let-divorce-destroy-_b_1853231.html?utm_hp_ref=divorce&ir=Divorce