Monday, December 30, 2013

KID'S TURN IS OFFERING A WORKSHOP FOR PARENTS

Kids' Turn is a good organization that puts on seminars that help children and parents understand the impact of divorce on children.  The Court sometimes tells parents to attend their regular workshops.

Now they are offering a seminar just for parents on Thursday night, January 16th.   If you attend, please respond to this post and let us know how you liked it.

KidsTurn San Diego Presents a Third Thursday Seminar 
Co-Parenting Survival Tools For When Your Ex Breaks The Rules
Responding Instead of Reacting

Presented by:  Judith Ruskay Rabinor, Ph.D.

Author of the book “Befriending Your Ex After Divorce”

Resolving for better interactions with your co-parent? 


Learn 10 Guidelines to keep your children protected and yourself sane when your ex is unpredictable and/or uncooperative.

                                                                                                        
Time reserved for questions to help you with your real life problems. All attendees will be entered in a drawing for a copy of Dr. Rabinor's book.


Register online before January 10th to qualify for $15 early registration fee!


                        When:          Thursday, January 16, 2014, 6:30-8:00 pm

                        Location:      ARC North Shores Vocational Center
9575 Aero Drive SD 92123
                       
                        Cost:             $20 per person 

                                              ($15 per person for early registration before 1/10/14)

Sorry, no child care provided

For more information about their programs and to register on-line please visit


 

 

Thursday, December 5, 2013

Contemplating Divorce or Separation -- Some Helpful Hints for the Holidays

                                                           Happy Holidays

Ginita Wall and Candace Bahr, two local Certified Divorce Financial Analysts, wrote a good article that they said could be shared with clients.  I hope you find it helpful. 

                                                          Robin Seigle, Director of NCRC's Divorce Mediation Services
Handling the Holidays...

When Your Marriage No Longer Feels Like a "Gift"

by Ginita Wall, CPA, CFP®, CDFA
and Candace Bahr, CDFA

Holidays are usually a time for reconnecting, but if you are married -- and not so happily -- seasonal preparations and celebrations can put a major strain on relationships that are already teetering on the brink. So how do you celebrate the holidays when you don't think your marriage will make it?  Here are some tips for getting through it all.
1. Ask for help from friends and family.

If it looks like getting divorced will be one of your New Year's resolutions, but you and your spouse are still together, you may want to confide your situation to a friend or family member. But limit what you share to just one or two people. If you blab to everyone, your spouse could hear of it, your marriage will suffer even more, and your holiday will explode into ruin for everyone - especially if you have children.

2. Curb holiday spending.

Heading into divorce deeply in debt complicates everything, so don't drown your guilt or sorrow in shopping. This may not be the most picture-perfect memorable holiday season, and that's okay - right now, you are just trying to get through.

3. Lighten up your expectations.

Holidays are about getting together, but divorce is about breaking up. Get through this pressure-packed time of year by focusing on others.  Maintain a gracious spirit and be grateful for every good thing you have. Consider what's most important to yourself and your family, and pare celebrations down to just those things.

4. Don't let marital storms destroy your joy.

Think of your marital problems the same way you would a big snowstorm during the holidays. You might have to change your plans a bit, re-arrange schedules and deal with some unpleasantness. But you can still figure out ways to celebrate without the storms derailing your holiday. Find and share every little joy you can this holiday season.

5. Don't squabble with your spouse.

Keeping your emotions in check is key, so resentment doesn't overcome you during the holidays.  If you act in anger now, you may ruin your chances to get to a peaceful divorce settlement with your spouse in the New Year.  And, fighting in front of the kids is never a good idea. Children learn what they see at home, and they will take to heart things you say in anger.

6. Take your time.

When the holidays draw to a close, don't rush headlong into divorce. Take as much time to plan your divorce strategy as you devoted to shopping and decorating for the holidays - this preparation will pay off for an entire lifetime, instead of just one season.

Wednesday, December 4, 2013

Internet article reports that "Divorce Mediation, Rather than Litigation, Facilitates a Smoother End to the Marriage"

See  article called:  Experts:  2 ways to divorce proof your marriage at http://living.msn.com/love-relationships/love-sex/experts-2-ways-to-divorce-proof-your-marriage .

The article talks about a survey of mental health professionals conducted by YourTango.com.  It discusses improving communication and making your spouse a priority as ways to "divorce proof" your marriage.

It also says that "'73 percent of experts say that mediation, instead of divorce litigations, facilitates a smoother end to the marriage,' states Andrea Miller, CEO, YourTango."

Tuesday, June 25, 2013

STAYING TOGETHER FOR THE KIDS: YES OR NO?

by Shawn Skillin, Esq./Mediator

I can’t tell you how many friends and clients have said to me, “just ____ more years and my youngest will be in college and then I can get divorced.”  It’s an old question, should I get divorced now or stay in an unhappy marriage for the sake of the children and get divorced after they are grown, out of high school, the house, or college?  I’ve heard it from men and women, but mostly women.

It brings up a few questions.  Is it better for kids to be raised by two parents in the same house even if those parents are unhappy and the house is sometimes filled with tension?  Is your marriage really over, were you a poor match to begin with or are you just going through a tough time?  How bad is your marriage?  Are you and your spouse both interested and willing to work on making it better?  Are you resilient enough to move on at this time?  Why are women so overwhelmed? 

I’ll just address the first question right now and save the rest for another day.  Is it better to stay together for the kids? There is no easy answer. My parents were divorced when I was five, I had two younger brothers who were 3 and 4 years old.  We grew up knowing nothing different.  It just was the way it was.  The actual “split” is a non-event in my memory.  There was no dramatic argument, no yelling and screaming, no slamming of the door on the way out.  There had been some dramatic arguments prior to that, at least a couple that I remember and found upsetting at the time.  My parents divorce was not child centered, they were not good co-parents.  My mother often spoke negatively of my Father.  My Father never said a bad word about my Mother.  They both put us in the middle frequently. Two of the three of us are currently married and have children, we have each been previously divorced once ourselves.  The third has never married.

My cousins, three of them all about the same ages as my brothers and I, had parents who stayed together until they were all out of high school and then divorced.  We have spoken of this issue at family gatherings a few times over the years.  The sudden divorce of their parents surprised and upset them.  They expressed feeling like their family life growing up was a sham, that they lost a certain sense of security in facing the thought that the “happy” family they thought they grew up in, really wasn’t as it appeared. It made them question their ability to assess their own reality.  My Aunt and Uncle apparently did a pretty good job of appearing happy on the “outside.”  They remain on friendly terms and the divorce was not an ugly, nasty one.  One of the three is married with children, the other two have never married. All of us, by the way, are now in our fifties.

I don’t think there is an easy answer to whether or not to stay married for the kids.  Every couple fights from time to time.  How you fight, how you resolve differences, how you “make-up” afterwards is important to consider.  If you can be somewhat respectful in your arguments, stay connected emotionally in a positive way when you are working through problems, this is not harmful to your children.  However, if your relationship is destructive emotionally and there are frequent, contemptuous, hurtful arguments, it’s probably not a great environment in which to raise children.  If there is domestic violence, physical or emotional abuse of each other or the children, a divorce is appropriate.

Children learn how to relate to others by observing those around them.  If the example they are learning from their parents is that marriage is hard, both parties are unhappy, you fight a lot and don’t seem to enjoy being together, then I’m not sure they are better off in an intact family.  What if everyone was actually happier if you got divorced?  What if you and your spouse actually got along better if you lived apart? 

Children aren’t necessarily harmed by divorce.  They are affected by it, yes.  But they take their cues from the adults.  If you and your spouse can be better friends and co-parents by living apart, that’s not harmful to your children.  If you can go on to have better relationships with more well suited partners, then that’s not bad for your children either.  They get a chance to see what a healthy and respectful relationship looks like.

Parents, especially Mothers, often tell me, I don’t want to be away from my children fifty percent of the time.  I don’t want to miss out on school events, first dates, sporting events, etc.  In a “good divorce” parents don’t have to miss out on as much as they think.  If the parents can be respectful of one another, they can both attend school events, games, and activities regardless of whose day it is to have the children.  The key is to make it a pleasant time for the children.  If you can’t and both of you being there just makes it tense, and the kids are worried about a fight breaking out, then take turns attending events.  Interestingly enough, what I often hear from parents later on is that they appreciate a break now and then, being able to catch up on sleep, see friends, have some alone time, or even a “sleep over of their own.”
 
I have clients ask me on a regular basis, “How do we tell the kids?  They are going to be so surprised, they aren’t expecting this.”  They tell me they are very good about concealing their differences from the children.  So we come up with a plan. At the next session, the report I hear time and again is, the children weren’t that shocked, they knew something was wrong and they took it pretty well.  Kids are very observant, they know when Mom and Dad are happy, sad, frustrated, or depressed.  They might not express it or be able to label it, but they know. 

Kids are also very resilient, if we allow them to be.  If we give them a chance to have their own feelings, express those feelings and deal with them effectively.  The kids will be okay if we allow them to love and enjoy both parents; if we avoid putting our feelings and frustrations on them;  and if we don’t put them in the middle, make them responsible for our happiness, or expect them to choose sides.

Deciding whether or not to divorce is difficult.  Consider seeing a therapist to help you evaluate why you are considering divorce and whether or not your marriage is just in need of a tune-up or whether it’s really over.  If it’s time to move on, consider how to approach your divorce in a respectful and positive way and how to be an effective co-parent.  There are some excellent resources out their on marriage, divorce and co-parenting, use them!

Thursday, May 9, 2013

Feeling Guilty About Getting Divorced?

See a good article, written by someone named Cynthia Copeland on the Huffington Post today at http://www.huffingtonpost.com/cynthia-l-copeland/why-divorced-moms-need-to_b_3180720.html?ir=Divorce&utm_campaign=050913&utm_medium=email&utm_source=Alert-divorce&utm_content=Title

The article is entitled:  Why Divorced Moms Need to Let Go of Their Guilt.

If you put your children first, encourage your children to have good relationships with their other parent, the children will generally adapt and do okay.

Monday, May 6, 2013

Mediation, Now More than Ever

The National Conflict Resolution Center (NCRC) started its Divorce and Family Law Mediation program in 1994 to offer divorcing and separating couples a better way to get through the process, by providing them with relevant legal information, and assistance negotiating agreements consistent with the law and acceptable to the couple.

A family law attorney mediator guides the process; the outcome is controlled by the couple. Their independent attorneys may advise. This process allows for a resolution that meets the needs of the family, which the couple, of course, knows better than anyone. Divorce or separation will typically cause the parties to live on less money (the same amount of household income has to pay for two households, instead of one), find new or better jobs, and spend less time with their children. When people are involved in legal matters that affect their whole lives, it is very stressful, time consuming and disruptive. Court dates are not set for their convenience, information may be provided by one side that is designed to help the presenting party “win,” and someone who doesn’t know them or their children, a Judge, makes the decisions that impact their lives. Mediation helps the parties address and resolve these issues in a way that helps them decide what can be best for them. Appointments are at their convenience, they can prioritize issues for discussion and resolution. and personal concerns which may not be legally relevant can be addressed.
Twenty years ago, some in the legal community questioned whether the more affordable family law mediation meant that it was second class justice or good just for poor or middle income people. Rather, it was (and still is) a smart way for any couple, regardless of income, to develop a settlement agreement that will work for them and their children. Mediation, by appropriately trained and experienced family law attorney mediators, is a proven way for couples, whether amicable or not, to manage their divorces in an efficient, cost effective, beneficial way.

Over the last year, the way courts operate in California has changed dramatically. It is not a secret that the California State budget woes are having a significant impact. Although the Judiciary is one of the three branches of government, it clearly does not get its proportional share of funds allocated to the state government.

Why Now More than Ever?

  • In Family Court, the users, whether attorneys or people representing themselves, are feeling the impact of the budget cuts.
  • Filing fees have increased and other fees have been added.
  • There has been a significant reduction in court staff. The business offices are open fewer hours so the time to file paperwork in person or ask the clerks procedural questions in person or by telephone is much more limited;
  • Hearings are being set farther out on the calendar than previously.
  • If there is a legal “emergency,” there are some procedures for going before a judge on short notice during certain hours of the day and upon notice to the other side. However, if the issue is important to the parties but not a bona fide emergency in the court’s view, the judge will not rule.
  • In general, Family Court is difficult to navigate by parties representing themselves. It is not designed, as Small Claims Court is, to be handled by lay people.
  • Procedural rules, whether statewide or local, are not easy for a non-lawyer to understand and follow, and hiring attorneys to litigate is expensive.
  • In the past, there have been limited legal services for low income parties, but the criteria for the cases that these dedicated and underfunded groups could take on is also limited. The Family Law Facilitator is available at the courthouses on a first come - first served basis to assist parties representing themselves to prepare their paperwork for court. The wait to be seen is typically very long.
Mediation for Divorce and Family Law Issues provides legal information from family law attorney/mediators; opportunities to consult with private attorneys and other experts on an hourly basis or a modest retainer; and the ability to design a process and outcome, which will work for both spouses and the children. Given all of the difficulties in getting through the court system, family law mediation, which has been a gaining popularity for decades, is an even better, more affordable and faster option now.