Collaborating From Afar On Collaborative Divorce Cases

Long distance Collaborative Practice can work effectively with the right team and approach.

Long distance Collaborative Practice can work effectively with the right team and approach.

by Meredith G. Lewis, CLS-F, CDFA

In most Collaborative Divorce cases, the parties and professional team members reside and work in the same city, and are able to have in person meetings throughout the process. What if a situation arises when one of the parties, or even one of the chosen professional team members, lives in another city, state or country? Is a Collaborative Divorce case even possible under this scenario? Depending on the circumstances of the case, it is absolutely possible.

Based on the success of a recent Collaborative case, my colleagues and team members Shawn Weber, CLS-F, Anna Addleman, CPA, CDFA, and Robert A. Simon, Ph.D will offer tips in our upcoming presentation titled “Collaborating From Afar: Strategies For Overcoming Obstacles in Long Distance Collaborative Cases” at the Collaborative Practice California (CP Cal) “Celebration XI” conferencein Redwood City, California in late April.

(L to R) Anna Addleman, Shawn Weber, Robert Simon, and Meredith Lewis will discuss long distance Collaborative Cases at the upcoming Collaborative Practice California Celebration XI Conference.

(L to R) Anna Addleman, Shawn Weber, Robert Simon, and Meredith Lewis will discuss long distance Collaborative Cases at the upcoming Collaborative Practice California Celebration XI Conference.

With the availability of technology, if a party or team member is not local, he or she can still attend Collaborative Divorce meetings and be completely involved in the process. We had the wonderful opportunity to participate in a Collaborative case where one of the parties resides outside of the United States. Though the team and the parties have faced some challenges with the process, it has worked well, and has enabled the case to proceed using the Collaborative Process without requiring the spouse who lives in another country to travel to San Diego.

Our team has developed several requirements for assessing whether your long distance Collaborative Divorce case can be successful. Note, however, that these are based on our experience with only one case and, therefore, these criteria are evolving.

  • Use of Technology: The professional team and the party who resides outside of the area needs to be familiar with the necessary communication technology to be utilized. There are several programs such as GoToMeeting, WebEx or Citrix which allow a person to appear remotely at a meeting.
  • Ability to Cooperate: The parties have a reasonable level of mutual respect for one another or have the ability to communicate.
  • Professional Teamwork: The professional team must be cohesive and flexible.

There are also ethical dilemmas that should be addressed by the team the Collaborative Team should address:

  • Is there an advantage or disadvantage with one party appearing remotely?
  • Are there power imbalances that would make such a process ineffective?
  • Is it better to have the party participating remotely have a local mental health professional as a coach, or one who can attend the meeting in person?

Just as not all family law cases are appropriate for the Collaborative process, not all Collaborative Divorce cases are appropriate to be conducted remotely. Deciding the appropriateness requires a detailed review of the situation by the potential Collaborative Divorce team, and the willingness of the parties to understand and accept the benefits and drawbacks of the remote model. However, geography alone does not necessarily have to be a bar to a successful Collaborative Divorce case.

Concerned whether your long distance divorce can be resolved using the Collaborative Process model? Contact the Collaborative Family Law Group of San Diego at 858-472-4022 to discuss your questions and schedule a consultation. Or attend one of our free “Divorce Options” seminars the first Saturday of every month from 9 a.m. to 12 noon at the Scripps Ranch Civic Association Community Center. To reserve your space, email sandiegodivorceoptions@gmail.com

Communication Tools for Collaborative Divorce

Learning to communicate during divorce will have long term benefit for your children and your family relationships.

by Tina Mears, LMFT

Learning to communicate efficiently and effectively is a progression in skills, just like learning a golf swing or entertaining for 50 people. There are many moving parts and it changes depending on who is in front of you. As you go through Collaborative Divorce, communication is a key component to its success.   Yet, it is extremely difficult to achieve because of the newness of the situation and the high emotions that

Collaborative Family Law Group of San Diego with divorce solutions. Call 858-472-4022

Tina Mears, LMFT

come with the experience.

It is possible to achieve peaceful, consistent and purposeful communication with your former partner. It all begins with your mindset. Think about communication as having the highest purpose: your child’s well-being. The Collaborative Process is not about winning or losing, as we often see in litigation. It is about coming together, being supported by a team and communicating through each decision. The following are tools to practice as you take the necessary steps in restructuring your family.

  1. Curiosity – How often do we make an assumption and go in for the attack before really understanding the whole situation? It is extremely important to remain curious in gathering information before making decisions.   We can do this by asking questions, being a good listener and challenging ourselves to think in ways that we aren’t used to.
  2. Triggers – Let’s face it, we get triggered. When we aren’t paying attention and “have our buttons out” others will find ways to push them. Learning how to be more mindful and keeping your buttons in will help in more peaceful communication. It’s also knowing what your triggers are so that you can see them coming and prepare yourself with a response that will de-escalate the moment.
  3. Body Language –Our body language can really set the tone of a conversation. Our thoughts, intentions and feelings are expressed by physical behaviors, which could either help or hurt the forward movement of the process. Good eye contact and a relaxed body position can signal that you are willing to work through an issue.
  4. Listening – We can “say” a lot by not saying anything at all. Active listening is a very effective first response when working through a difficult topic. Collaborative Divorce takes a certain amount of trust and sometimes a person just needs to be heard and acknowledged before willing to consider an alternative or soften their position.
  5. Solution-Focused – Most of the language through this process is about finding solutions and keeping the process moving. Learning to communicate with resolutions in mind will help in avoiding getting stuck. This takes practice in compartmentalizing what’s painful and keeping the health and well-being of your children and yourself in mind.

The ingredients for a successful communication between you and your former partner for the sake of your children are reasonable and fairly simple to explain. They are, however, extremely difficult to achieve. With the help of your divorce coach and the other professionals involved, you can reach mutually satisfying goals that will pave the way for a new start and happy future for everyone.

If you would like to learn more about Collaborative Divorce, the members of the Collaborative Family Law Group of San Diego are here to help you. Contact us at 858-472-4022 or email us at sandiegodivorceoptions@gmail.com

 

 

San Diego Osteopathic Physicians Learn About Collaborative Divorce

Cinda Jones (left) and Myra Fleischer address the San Diego Osteopathic Medical Association about Collaborative Divorce as an alternative to traditional litigated divorce.
Cinda Jones (left) and Myra Fleischer address the San Diego Osteopathic Medical Association about Collaborative Divorce as an alternative to traditional litigated divorce.

Cinda Jones (left) and Myra Fleischer address the San Diego Osteopathic Medical Association about Collaborative Divorce as an alternative to traditional litigated divorce.

Collaborative Family Law Group of San Diego incoming 2016 president, attorney Myra Chack Fleischer, CFL-S, and board member Cinda Jones, CFP, CDFA, joined members of the San Diego Osteopathic Medical Association spoke at the group’s November meeting for a presentation on Collaborative Practice as an alternative to traditional litigated divorce.

The presentation provided an overview of the process, introduced the members of the divorce team and how they work together with the couple, and the advantages of Collaborative Divorce as a more holistic approach, including privacy protection and the emotional well-being of the family.

The Collaborative Family Law Group thanks all of the members who attended for their time, attention, and questions about the Collaborative Divorce process.

If you would like a presentation to your business, service, or social organization about Collaborative Divorce, please contact Gayle Falkenthal at gayle@falconvalleygroup.com or call 619-997-2495 to schedule. We look forward to speaking with you.

Understanding the Chemistry Of A Divorce

Relationship chemistry is sometimes described as a "spark." There is a chemistry present in a divorce as well.
Relationship chemistry is sometimes described as a "spark." There is a chemistry present in a divorce as well.

Relationship chemistry is sometimes described as a “spark.” There is a chemistry present in a divorce as well.

People often express the need to find “chemistry” in their relationships, the connection, bond, or feeling of commonality between two people. Without positive chemistry, any potential for a relationship is stopped cold.

But even an intense attraction which leads to a marriage can often fade or become lost over time, leading to the decision to divorce. What role does chemistry play at the opposite end of a relationship’s life span?

Michele Sacks LowensteinCertified Family Law Specialist Michele Sacks Lowenstein, member of theCollaborative Family Law Group of San Diego, discussed the role of chemistry in a divorce in a recent interview for the Huffington Post. Lowenstein says attorneys need to understand the role of chemistry when working with their clients.

Lowenstein urges attorneys to problem solve with their clients before going to court. In a Collaborative Divorce, family law attorneys work with divorce coaches and financial specialists to help couples reach a solution for their family in a respectful, fair way withe a problem solving approach rather than an adversarial approach.

Contact the Collaborative Family Law Group of San Diego by calling (858) 472-4022 to help you problem solve and achieve a healthy, respectful divorce.

 

 

Why a Collaborative Divorce Makes Financial Sense

Collaborative Divorce offers many advantages to divorcing couples, particularly financial. Courtesy US News & World Report

Collaborative Divorce offers many advantages to divorcing couples, particularly financial. Courtesy US News & World Report

For couples ready to part ways, a Collaborative Divorce can often prevent the angry, destructive results of many divorce proceedings. As reported in U.S. News & World Report, Collaborative Divorce embraces the concept that a couple once considered themselves partners during their marriage, and should be able to end it together as well, deciding how to split assets and how the co-parenting should work out in a way in which neither party feels too disappointed when it comes time to sign the divorce papers.

The Collaborative Family Law Group of San Diego is encouraged by media coverage in publications like U.S. News, helping spread the message about the option offered to couples by the Collaborative approach.

Read the entire article at this link.

 

 

Ten Must-Dos After Your Divorce

What are the first steps to take if you're thinking about divorce? Get answers at our free workshop December 3. RSVP 858-472-2022 San Diego

Divorce must-do list by Nancy Stassinopoulos, Certified Family Law Specialist
Nancy Stassinopoulos, APC

Many couples think their case is over on the date they sign their Marital Settlement San Diego divorce attorney Nancy StassinopoulosAgreement. This is a momentous occasion, especially in a collaborative case where the entire team usually meets in a conference room to review and sign the final documents. Emotions can run high, ranging from tears to smiles of happiness that a divorce has been concluded with dignity and respect.

But wait, before you break out the champagne to celebrate with your friends, there’s more to be done. Here are ten important reminders:

  • Finish your QDROs. If your Marital Settlement Agreement provides for retirement accounts and pension plans to be divided by a Qualified Domestic Relations Order, you should start working with the QDRO attorney or QDRO preparation service recommended by your collaborative attorney. In fact, most collaborative attorneys recommend that the couple start the QDRO drafting process before the Marital Settlement Agreement is signed, so that the QDROs can be signed and submitted to the court with the Judgment. Then, you need to make sure that the QDRO is served on the Plan.
  • Divide Your IRAs. The division of Individual Retirement Accounts is usually spelled out in the Marital Settlement Agreement, either as a formula (one-half to each spouse) or a dollar amount to one spouse. The division of IRAs does not require a QDRO. However, you need to contact the custodian of the IRA to request forms for the transfer of the funds, which can be rolled over into the transferee’s IRA without tax consequences. Your Collaborative Attorney or Financial Specialist will assist you if you need help.
  • Change your estate plan. You should make an appointment with an estate planning attorney. If you and your spouse had an estate plan, such as a family trust or wills, be aware that the divorce will automatically revoke any wills or trusts that were in existence on the date of the divorce. Thus, you will need to make a new estate plan. If you fail to do so, and then pass away, the laws of the State of California will decide how to distribute your assets. Also, probate fees for those who die “intestate” (without a will) are costly.   You can leave more money to your heirs with a good estate plan.
  • Check your life insurance. You should review and change the beneficiaries on your life insurance policies, to conform to the Marital Settlement Agreement. Remember, life insurance is not controlled by a will or trust. All beneficiary changes must be made in writing.
  • Change retirement plan beneficiaries. You will need to change the beneficiaries on your Individual Retirement Accounts, 401(k) Plans, and pension plans, to conform to the Marital Settlement Agreement. If these accounts will be divided between you and your spouse, you will need to get that done before you can change the beneficiaries. All beneficiary changes must be made in writing, usually on a form provided by the company.
  • Change your powers of attorney. During marriage, you might have given your spouse a financial power of attorney, or a power of attorney for health care. Be sure to revoke those documents and create new ones. Your estate planning attorney can assist you.
  • Close all joint credit card accounts. Remember, on a true joint credit account, both you and your spouse remain liable for any future charges, even after your divorce is final. If you are not sure whether an account is a true joint account, as opposed to one on which your spouse is an authorized user, call the card issuer and ask.
  • Close all joint bank and financial accounts. Most banks and financial institutions will require both account holders to authorize the account closure.
  • Copy your family photos and videos. Usually the Marital Settlement Agreement will provide that family photos and videos will be copied, with the expense to be shared. Be sure to make these arrangements as soon as possible.
  • Change the passwords on all accounts. If your spouse had access to your online financial or credit card accounts, you will have to change your passwords. Remember, your ex-spouse may be able to answer security questions such as your mother’s maiden name, and obtain access to your accounts after the divorce.

This list may seem overwhelming. It is a lot of work to address these important details. But think about how much work you have already done, to get to this point in the divorce process. Don’t let it all unravel because an important detail was not addressed.

Here’s a tip: Start with the tasks you can accomplish quickly. Tackle the tasks one at a time, check them off as you complete them, and move on to the next one. You will have all this work done in no time. Then you’ll be able to relax, knowing that your future, and your family’s future, will be secure.

 

Empower Yourself During Your Divorce

Debra N. Caliguri, family law and divorce attorney, Carlsbad

by Debra Caliguri, Law and Mediation Offices of Debra N. Caliguri

How many times have we all heard and even repeated the phrase “Ignorance is

Debra N. Caliguri, family law and divorce attorney, Carlsbad

Debra N. Caliguri

bliss”?  Itmay be popular, but ignorance is bliss is no credo to live by. One online dictionary defines “Ignorance is bliss” as “a term used to falsely justify apathy on the given subject in the form of a catchy cliche.”

In our knowledge-based society it is unlikely that choosing to be ignorant will bring you success in any of your life’s endeavors. This is particularly so when you are going through a major life transition like divorce.

Gone are the days when you and your spouse can afford to hire attorneys to take your case and leave the decision-making and thinking to the attorneys and judge to figure it out. Instead, you need to empower yourselves by gathering reliable information and becoming a savvy consumer of divorce-related services.

One of my clients recently concluded her divorce process in which I served as her Collaborative attorney. She and her husband had been married over 20 years, had children preparing for college, and with ten years or less to work before reaching retirement age, they were concerned with preserving their retirement funds.

Like many divorcing couples, both spouses felt wounded and found it difficult to trust the other. Their children were hurting as well, having witnessed the parental conflict over the years. The parties had disagreements over financial, legal, and even parenting issues.

The one thing they agreed upon: they wanted to stop the hurt, not only for their own sake, but for the sake of their children. This goal led them to seek alternatives to a knock-down, drag out fight in court.

The couple considered mediation, but decided they needed more information, advice, and support than the neutral mediator could provide. They found their way to Collaborative divorce after meeting with several attorneys and financial professionals. Through the Collaborative process, they were able to successfully reach a full agreement in under six months.

My client is extremely grateful she found the Collaborative divorce process and shared with me what she had learned to help going through a painful divorce.

My client found that for her, Collaborative divorce was superior to going to court, as the Collaborative process fosters an environment of creative problem-solving. This is strikingly different than what happens in court where a judge makes decisions in an atmosphere of mud-slinging advocacy.

The team approach was key to providing the parties with the right information, financial analysis, legal advice and emotional support to reach a mutually agreeable conclusion. My client said the time spent on the Collaborative process was productive time in which the parties were directed and engaged with the team to identify issues, define their interests, and the issues at hand.  The Collaborative team members facilitated the couple’s discussions, which led to their finding a path to agreement on all their issues.

The presence of legal counsel, the financial expert and coaches resulted in the parties feeling safe enough to talk to each other directly about their goals, concerns, and needs for their individual futures. They found common ground in wanting what is best for the children.

Collaborative divorce may not suit those people who prefer blissful ignorance. But it is the wise choice for those who choose knowledge, even in a difficult and painful life transition.

 

Should You Treat Your Marriage Like A Business?

The New Love Deal is a helpful book and it strongly supports collaborative Divorce.

There are many new models for what used to be the traditional marriage. People are living together without getting married in the legal sense. People are establishing domestic partnerships. There are now legal same-sex marriages.

When couples break up, many times they end up in new legal territory. What isn’t new is The New Love Deal is a helpful book and it strongly supports collaborative Divorce. that any breakup can quickly turn contentious. Individuals are hurt and angry. They become emotional and lash out. The result: a stressful, messy, hostile, and expensive situation that causes lasting damage, especially if children are in the picture.

Chicago based family law attorney Gemma Allen, retired Cook County (Illinois) judge Michele Lowrence, and financial columnist Terry Savage have published a book calling for couples to have open and frank communication before, during, and after their relationship and strongly encourage prenuptial agreements. It’s called “The New Love Deal: Everything You Must Know Before Marrying, Moving In or Moving On.”

The authors present helpful information for all couples no matter their current legal circumstances as if having a conversation among friends. Their advice supports the Collaborative Law approach taken by the Collaborative Family Law Group of San Diego in encouraging open and respectful communication at every step.

If you are considering marriage, a civil union, domestic partnership, or a divorce, you may find this book helpful. It is available on Amazon. If you need help with your own family law issues involving marriage or divorce, custody, support, or settlements, contact the Collaborative Family Law Group of San Diego.

 

Can a Divorce Team Save You Money?

By Win Heiskala, Certified Family Law Specialist
Attorney-Partner, Beatrice L. Snider Family Law Group

You made the very serious personal decision to terminate your marriage. This decision necessarily takes you to the procedure known as divorce (AKA Dissoluiton of Marriage in the Court).

You found yourself an attorney who discusses the different processes with you that can be win-heiskala-photoused to divide assets and debts, set a child sharing plan, and set support. You say, “We don’t want to go to court – we just want to settle.”

The Collaborative Family Law model provides the most complete and efficient process to meet your goal. The hallmarks of the Collaborative Law divorce process is an agreement from everyone at the outset to exclude all court proceedings, and engage the services of various professionals, known as “the team” to make assist in the resolution of all issues.

Why is a “team” needed? Why do we need a team just to get a divorce? If you don’t have any assets, income or children, then you don’t need a team and you can stop reading. If you do have any of these, I encourage you to continue.

ALL parties in a divorce in California no matter what process is used are mandated by law to exchange Preliminary Declarations of Disclosure. It means each side must provide in writing to the other a disclosure of all assets and debts. There is considerable debate regarding the extent and specificity required, but the goal of the law of disclosure is to adequately inform both sides before decisions are made regarding dividing assets and liabilities.

The main advantage to having one neutral financial person as part of a Collaborative team is that you deal with just one individual working to provide fair and accurate information to both parties in a divorce. Both parties provide financial information to the single financial expert. He or she verifies and organizes it, and reports the information in an understandable form to both parties and their counsel. Everyone is on the same page.

In comparison, in many “litigated” cases, a joint expert is not retained at the outset of a case, and after a great deal of increased animosity, distrust and anxiety, not to mention expense, the parties either reach the point of a joint expert or continue to battle each other with their own expensive experts – two instead of one.

Many times even the most sophisticated party in a divorce may be surprised to learn some information in the exchange. For example, husbands and wives can be wrong about how title is held on a property, whether something is community property or not, or the true value of a given asset. Clear, organized information such as this is essential to the parties in a divorce to reach reasonable and informed solutions.

The independent financial specialist also assists in determining the true income of both parties and the relative expenses for separate households going forward. Compensation packages for W-2 earners as well as the self employed have become increasingly complex with the proliferation of compensation such as Restricted Stock/Units, Performance Restricted Stock, Stock Options, claw back provisions, insider trading rules, irregular bonus payouts, profit distributions, 401K and profit sharing plans. Employment benefits can impact both asset division as well as ongoing income available for support. Self employed individuals often have unrealistic opinions of their worth or income.

The parties and their respective counsel need accurate, efficient documents and information in order to adequately educate and advise the parties as to the best solution and informed decisions for their particular case.

Even more important than the financial considerations in a divorce is the attention needed to preserve the best interest of the children. A child specialist can be the most valuable person on the Collaborative team.

First, the children need to be assured early and often that the separation of the parents is not the fault of the child. The child may be in need of therapy that neither parent is able to recognize or facilitate because of his or her own emotional upheaval. The child needs a neutral place to discuss his or her input and even vent, without fear of recrimination from a parent. Children of different ages have different needs and concerns.

All of this can be discussed with the parents and the child specialist in a safe and calm situation in order to reach a suitable, workable family child sharing plan. Every mental health expert agrees that continued animosity and conflict between the parents in divorce renders irreversible harm to the children from which they never recover. The Collaborative team, with the help of the child specialist, has the best chance of avoiding this tragedy.

If parents are unable to agree regarding the sharing of the children in a litigated divorce case in court, the family frequently undergoes a costly custody evaluation process and may have their own “expert” to review the work of the expert conducting the evaluation. Once again, you have the potential for three experts instead of one, as well as counselors and therapists, coming in at a much later stage of the proceedings after further polarization of the parties and damage to the children. The structure of the Collaborative team and process can “put everyone in the same room” from the beginning of the process.

Equally important to the team are the coaches for each of the adults. Divorce is one of the most emotional processes a person can go through in a lifetime. Everyone can use assistance from time to time for insight and balance while dealing with the inevitable feelings of loss, uncertainty, fear, anger and overall anxiety. Your attorney is not a psychologist. It is the duty of the attorney to maintain as much objectivity as possible in order to advise the client in the decision making process, and the individual coaches are a tremendous assistance in facilitating the parties to reach resolution.

With a professional Collaborative team of your choice in place from the outset of a divorce, you will be provided information, organization, support, advice and assistance for the entire family in the transition process for the best possible solutions. Otherwise, you may end up with a team or two anyway, but in a courtroom instead of a conference

Don’t Divorce Alone: It Takes A Village

It takes a village to get through a divorce.

by Myra Chack Fleischer, CFL-S, Fleischer & Ravreby

As we start a new year, it is natural to take stock of your life and look for ways to improve your situation. Sometimes, this means facing the reality that a divorce is necessary for your emotional and sometimes financial health. January is the month with the most new divorce filings all year.

Attorney Myra Chack Fleischer, Fleischer & Ravreby, Carlsbad California

Attorney Myra Chack Fleischer, Fleischer & Ravreby, Carlsbad California

When a person makes the decision to get divorced, there are a lot of questions and concerns. Some are practical: Will the legal business be a nightmare? Will it cost me a fortune? Some are more personal: How will I ever get through it without breaking down?

Divorce is the most common legal matter that people try to handle by themselves, also referred to as “pro per.” A 2013 study found nearly three-quarters of all people getting divorced in the U.S. do so without an attorney.

Why does this happen? Many people think hiring a lawyer will be expensive, or stressful. They don’t anticipate any big arguments, and the paperwork looks simple enough. Just fill it out, pay the fee and you are done, right?

Not exactly. Often, people get started and discover a divorce involves a whole lot more than just legal paperwork. Court cutbacks in many states means less personnel to help you work your case through the system if anything is confusing or unclear. Mistakes can delay getting the divorce finalized for months while you are in limbo.

Divorce is never simple. It involves complex financial decisions that can affect you and your children for years to come. It involves emotional turmoil for most people: Anger. Grief. Fear. Anxiety. It makes the rest of every day life that much tougher.

Perhaps you think it’s self-serving for a family law attorney to advise people to hire a lawyer to handle your divorce. You should not stop there. For many divorces and any with children or significant financial assets, you need three key experts looking out for you.

First, find a family law attorney with expertise in divorce cases. Your attorney should hold family law specialty certification in your state. In California, look for the initials “CFL-S” for “Certified Family Law Specialist.”

After you have checked legal qualification, ask direct questions about his or her fees and how they work. You are entering a business agreement and you are hiring someone to work for you. Yes, it may get emotional, but this part should be handled as matter-of-factly as you can. Be honest and open about your finances. It will make things easier on everyone.

Attorneys aren’t quite as individual as snowflakes, but you may need to interview several before you find a good fit for your circumstances. Find out your attorney’s amount of experiences. Does your attorney tend to go to court or does he or she settle most cases outside of court? Some attorneys are better negotiators that litigators. Does the attorney represent mainly husbands or wives, or both equally? If you have a same sex marriage, find out how comfortable and experienced your attorney is with these new types of divorce cases. How much of your case will he or she handle personally? Meet any other professionals such as junior attorneys or paralegals and feel comfortable with them as well.

Next, it’s crucial to seek the services of a divorce financial planner. You may not be able to rely on your regular CPA or financial advisor. Find one specifically qualified to advise you on key aspects of the divorce process and how this will affect your assets. Look for a Certified Divorce Financial Analyst (CDFA) certification. This person will work with your attorney to oversee critical financial tasks outside a lawyer’s area of expertise. This individual will review the impact of your legal choices in the divorce on your financial and tax situation, especially in regard to a divorce settlement offer. This will strengthen your attorney’s ability to negotiate from a position of strength on your behalf.

Finally, don’t neglect your mental health needs. Long after the divorce is over from a legal and financial standpoint, you and your children will be feeling the effects of the emotional fallout. It is wise to bring in a mental health professional with training in family counseling. Divorce is an emotional experience unfolding in the midst of what is essentially a business deal. It can overwhelm you while you are struggling to focus on practical decisions about legal and financial issues. A therapist or divorce “coach” can help you cope with strong feelings while the divorce process unfolds and provide a safe place to express yourself. This allows you to avoid drama with your attorney and your financial planner.

It takes a village to get through a divorce.

It takes a village to get through a divorce.

What about the cost? It’s true hiring three professionals is more expensive than filing the paperwork on your own. But consider the risks you face on many levels. If you have any children or property, you can end up making mistakes or bad decisions that have a negative impact for the rest of your life. You could end up paying an attorney or other professionals down the road to fix the problems you created after the fact. Your kids could suffer emotional damage later that could seriously effect their future. Consider it an investment in yourself and your children for the long term. What is more important than this?

With the expertise of highly qualified, experienced legal, financial, and psychological professionals on your side, you will have all of the help you need to get through your divorce with a bright, secure future ahead of you and your family.

One way to find this kind of team to work with you is to consider the Collaborative Divorce method. Collaborative divorce is an alternative dispute resolution process to the typical adversarial divorce. A divorcing couple agrees that they will work together with family law attorneys, financial specialists, divorce coaches and child and family therapy specialists as a team outside the court system to resolve their differences. This team will help guide you through a divorce. These professionals often work together on a regular basis and can rely on each other’s specific expertise. You can still have significant disagreements with your spouse when you start this process, as long as you pledge to keep working and remain civil as much as you can until your situation is resolved.

The Collaborative Divorce process depends on the level of cooperation between the parties, their willingness and ability to commit to a healthy divorce, and the complexity (emotional and financial) of the case. It takes work. But it preserves the well-being, diginity and relationships of parents to children and even extended family. Collateral damage is minimized.

Copyright © 2014 by Fleischer & Ravreby, Attorneys at Law