Thursday, December 12, 2013

Handling the Emotions of Divorce

The word divorce brings so many different emotions with it.  For some people the emotions that are brought on with divorce create stress that is so deep it interferes with everything else in their lives.  Functioning from day to day when the stress of an impending divorce looms over is a lot for most people to handle.  One of the best things that you can do for yourself is to learn to cope and move on from the stress, learn to relax and move forward and let the cards play out as they will.  The extra worry that you carry with you will not make the tide turn any more in your favor than it will have without it.  What will help you is to take care of yourself. Put yourself out there, begin to exercise, eat healthy and work to begin producing positive energy and thoughts.  

If you recognize that you are not handling the stress brought on by your divorce there are many things that you can do to turn that cycle into something better focused.  Less stress leaves you healthier and better equipped for life when the divorce dust settles.  This is also true for kids going through divorce and especially difficult child custody arrangements, stress can turn them into people we no longer recognize. 

Tips on Relieving the Burden of Stress a Divorce Causes

The first tip is to get help for all of the emotional needs that are being felt.  Talking with a trained professional is in everyone’s best interest during this most difficult time.  The difference between talking with friends and an impartial third party is the advice that is given on getting you back.  Friends easily sway back into the dwellings of the past where as a professional therapist is moving you out of the past and into the future that awaits you.

Make sure you are moving your body. Stress is not able to physically grab hold of bodies who are focused and moving forward.  Keep your children involved in extra-curricular sports and find a walking club to join or a gym to go to.  It is amazing what your body is capable of while releasing all of the negative.

Make time to do stuff for your needs.  Sit in the tub, read a book, go on a vacation or turn your phone off and have a staycation.  These are times you need to have for yourself and for your family.  Your kids will appreciate the person you are when you are refreshed and rejuvenated.  

This tip is huge for both you and for the kids.  Allow yourself to feel every emotion that is flooding into you.  Emotions will range from grieving to elation and everything in between and out of there.  You will feel it, they will feel it and all of that is healthy.  Feeling it and dwelling on it are two different things.  Don’t dwell on it as that won’t get you anywhere near where you need to be.

Lastly change your outlook.  Change what you expect out of yourself and others.  It is okay to be in control but it is also okay to let other help you. There is a difference between being controlled and allowing someone to help you.  It is okay to realize that and allow yourself to change your expectations towards yourself and your relationships with others.

Divorce is difficult but is even harder when you allow yourself to be buried with stress and burden.

Advice For Men Going Through A Divorce

Divorce is something that can be either a devastating blow or intense freedom.  Either a shattering end or a blissful beginning.  The experience is different and unique for every individual, couple and child that is living it.  Often times men end up taking divorce harder than women.  Men and women end up worrying about a lot of different things when a divorce is filed.  Women worry about the finances, the place to live, keeping a routine while men struggle with the mental aspect including how they could have let their marriage fail.  Men simply have an incredibly hard time dealing with and moving past the idea of failing.  Although divorce is not a failure this is how most men that are not interested in a divorce from their partner see it.

When it comes to statistics men are more likely to go on a path of self-destruction after a divorce. While they aren’t worried about making ends meet, as they usually end up more financially stable than a women does they do end up with the emotional burden.  Men are also less likely to seek help for this which leads them into self-healing through alcohol, food and drugs.

The truth is divorce is over simplified in the world we live in.  When going through a divorce the world has become desensitized because it is so common place.  For this reason men are left to believe that the feelings of regret, sadness and grief are ones that are not common and that should not be felt.  This is anything but the truth.   Our society may make divorce seem common place but this is in fact not the truth and neither party in a divorce should feel like the emotions and phases they are going through in handling the demise of the marriage are wrong or inappropriate.  

Some advice for men experiencing this in their own divorce currently; seek out support.  Don’t allow yourself to become enslaved to harmful habits that will only forgo moving into a healthy life and future.  Experiences in life will hurt, they will bruise your ego but in the end they will make you stronger.  Divorce is a time of change but also a time to connect to the world in a whole different light.  

Learn to be the father you want to be.  The demands of being a partner are no longer on you so take all of that extra energy and turn it into something wonderful for yourself and for your children.  The time you have with them be less than you are used to.  Even the best child custody relationships leave us with our children less than we are used to when what we are used to is full time.  Take the time they are with you and be with them fully both physically and emotionally.  The time when you are apart take time for yourself.  Get to know who you are on your own without the influence of a partner’s opinion and without your kids.  

Become the man you want to be after your divorce not the one that your emotions lead you to be.  

Wednesday, November 20, 2013

Minimizing The Impact Of Divorce On Children

Divorce is not easy; this is the understatement of the year!  All people in a family are affected by a divorce.  Spouses, children, in-laws, everyone is affected to some degree.  For children the divorce of their parents is often a very traumatic experience no matter how smooth the transition and no matter how old children are.  It is hard for children to understand and come to terms with the fact that the two people they love are now going to be divorce.
Children often feel at fault or to blame when their parents separate.  Often, this makes little sense to adults however children find a way to associate everything back to them and see fault.  Kids going through a parents’ divorce struggle to find ways to prevent the divorce.  The “what ifs” and “if I did this” keep running through children’s minds.
As parents we are struggling with the impending divorce as well.  We worry about our finances, about becoming single again and about the next step.  It is often hard to remember that you aren’t the only person worried about all of this.  Children are notorious worriers about things that they have little to no control over.  As parent’s going through a divorce it is our job to alleviate and manage the burden felt by our children as we sort out the bigger issues.
The first crucial moment for children is when their parents sit down to tell them that they are indeed going to get a divorce.  Breaking this news is heartbreaking as well as difficult.  Don’t ever break the news of an impending divorce, to children, in the heat of the moment.  It should be a time when you come together as a family to properly explain what is happening and why.  The better prepared you are for this step the less misunderstandings and worry there will be for your children.
These are you children together and it is important for both parents to remember this.  Children are incredibly impressionable and no matter what the reason is for the divorce all children see is how much they love both of you.  They will have a hard time seeing why the two of you no longer love one another.  It is so crucial that as a family unit, time is taken to explain this.  Also take the worry and anxiousness out of the situation by explaining in detail the next step, where will everyone be living, what is happening and when it will happen.
The issue of child custody and child support will arise throughout the process, this is inevitable.  Don’t burden your children with this.  Work to come to a consensus with your partner and if this is not possible the judge in the case will make arrangements based on the information provided to make sure your children are as affected as minimally as possible in the given situation.
Although through the divorce you may have ill-will towards your partner this is not anything that should be expressed in front of your children.  They are your children together and they love you both equally.  Children are not a pawn and should not be used as one. To do so is irresponsible and harmful to them.  Nothing good comes from putting your children in the middle of any argument you are having.
As always be clear with your children.  No matter how old they are there is a way to convey information about the situation in an age appropriate manner.  As parents this is your obligation to them.  Your children will thank you as they grow for making the process less burdensome on them.  They will see the world and will appreciate the manner in which you proceeded to handle the difficulties of divorce when you are honest in your communication with them.

Preparations Needed Before Filing For Divorce

Beginning the divorce process is one of the hardest decisions in life.  It comes with much stress, anticipation and uncertainty.  Some of the things that may be going through your mind are about finances, living arrangements and the future.
In this article we will work to help you get a grasp of the uncertainty that comes with filing for a divorce in Michigan and offer tips to ensure a successful transition.
How will I survive financially without my spouse’s income?
The first step is to determine how many expenses that you will have on your own.  Look at your housing expensive (rent and utilities), vehicle, insurance, credit cards and money for living expenses.   It is not wise to include spousal support or child support arrangements until this has been set in stone.  Be prepared to do it on your own.
Next determine what special assistance you may be entitled to.  Look into local, state and federal assistance and changes in your status that will assist you.  For instance locally you may be able to receive a reduction in your Council Tax bill as a single adult household.  State assistance may be given in child care credits and federal assistance in the form of tax credits and programs such as bridge card assistance.
You will want to contact your bank and inform them that a divorce is imminent and open up an account in only your name that you alone have access to.  Make sure that you place money that is yours into an account that cannot be touched by your spouse.  You will need your own funds no matter how confident you are in the beginning that things will be smooth and everyone will agree on divorce settlements things change in the heat of the moment.  The most congenial people can turn bitter fast within divorce proceedings.
Where we I live during the divorce proceedings and after?
Contact a real estate professional immediately if you believe that neither you nor your spouse will be in the market to stay within the marital home.  This enables the home to be put on the market and hopefully sold during the divorce.  From here you will determine what is owed on the home and what the value of the home is.  This will help both parties estimate how much they will be able to afford in a new home as well as how much money they can expect from the sale of the marital home.
If you will be staying in the home you will need to make arrangements to get a mortgage in your own name.  Many times this can be achieved with a property adjustment order.  This allows one spouse to remain in the home, with the children, until a later agreed upon date.  This is achieved with a Financial Consent Order and is a way in which both couples are required to contribute to the homes mortgage payment.
What will I do now? What does the future hold for me?
You will need to determine where your income will come from.  Will you work full-time, part-time and how does this affect child care?  If you are not already in the job market you will want to sharpen your skills with schooling or training right away to ensure that you will be able to support yourself and your family.  You will be relying on a single income make sure you are in a career that can sustain your lifestyle.  It may be time to re-discover a passion that will supplement your income as well.  Often times side hobbies start to turn into an additional source of income when living through a divorce.  Consider selling your paintings, getting into part time photography or even selling up cycled furniture.  Whatever your hobbies are before the divorce can often supplement your income substantially.
Divorce is never easy on anyone.  Being prepared is one way to decrease the amount of anxiety you will feel when making the first steps towards divorce.

Wednesday, October 2, 2013

Focusing on the Children Throughout the Divorce Process

Divorce is a brutal experience for all parties involved especially for your children.  So many different issues will hold feelings for your children that will forever change how they feel about themselves, the two of you as a couple, as individuals and of course the entire family unit.  It will not matter how old they are when you decide that a divorce is eminent, a divorce will be hard to understand.  Many children continue to hold on to fantasies of reconciliation.  

You often times have children who feel responsible for their parents marital demise.  If filing for a divorce comes after a family blow up this is especially true.  Kids take situations that involve them and begin to analyze how their involvement was the start of conflict between their parents.  As illogical this is to us as adults for them it is very real.  Children believe if they behaved differently they could have in turn prevented their parent’s marriage from falling apart.  One of the best things you can do for your children throughout your divorce and well after is allowing them to meet and talk with a professional.  Some divorce lawyers have in-house therapists that assist both parents and children through the divorce process.

Below are some tips on making your divorce easier on your children; children that are the best piece of the two of you together.  This is important to remember no matter how much hostility you are feeling.

Breaking News of the Divorce to the Kids
Prepare yourself when breaking the news to your children.  It will be incredibly emotional for all of you.  A clear, kid friendly version of what happened to cause the split as well as clear expectations of the events to come should be where you begin with your children.  They are so much smarter and intuitive than we give them credit for.  Listen to them; sometimes all they want is to be heard.  

Don’t Make Them Feel Like They Have to Choose
Children are so impressionable.  Remember their lives are being turned upside down as is yours. Don’t allow your children to be put in the middle of your issues.  They should never be asked to choose sides.  This will only create undue pressure.  Children should never have to decide who is right or wrong in the chaos that they are experiencing. 

Badmouthing your Partner is an Absolute Don’t
It does not matter how you feel never ever express your negative feelings about your partner in front of your children.  The two of you will forever be working together in their best interest. There will be birthday parties, homecomings, proms, plays, graduations, weddings and life in general happening after the divorce that will involve you both.  Your children will always see the two of you as the best mom and dad ever and should never have to experience any feeling other than that. When there is a conflict on how one of you is addressing situations that arise with the kids that should be discussed in private away from the kids.

Be Truthful In All Interactions
Kids don’t necessarily have to understand everything that is happening in the divorce however there is no reason that anything but clear explanations are given.  Don’t create a fantasy explanation.  Just tell your children the truth up to the point that they can handle.  Forgo the details when not important. 

Listen and Allow Them to Talk
They have feeling that should be considered throughout the divorce.  It is emotional for you and your ex as well but for them they are not in control of any of it.  This is where you come in.  As the adult listen to them without defending yourself, listening to them and their insecurities and offer only an ear and a shoulder to lean on. 

Kids go through the divorce process right alongside of their parents.  Remain strong with them and have your own support system of adults that you can lean on.  Don’t use your kids to support your divorce campaign.  They don’t see it as right and wrong.  Divorce is not a black and white issue when it comes to your children.  Never depend on your children; they are to know at all times that you are the strong one and that they can depend on you. 

Tuesday, September 10, 2013

All Things Involved In Civil Litigation

Civil Litigation is a category that encompasses so many different aspects of law.  Basically civil litigation breaks down to mean that two or more parties are having a legal dispute and are seeking monetary damages or precise actions to be carried out rather than seeking any criminal actions being sought.  Attorney’s specializing in this type of law are known as trial lawyers or sometimes as litigators.  When are a civil litigations attorney you represent your clients in all aspects of the proceedings including any and all trials, hearings, mediations and arbitrations.  You could be seen in front of local, state, federal and even foreign agencies.  

Civil litigation is a broad spectrum covering many varied issues that arise between two or more parties.  When seeking retribution attorney’s can represent clients in all types of matters such as: Landlord and tenant issues, issues regarding the environment,  product failure, injuries one sustains to one self, construction matters, medical malpractice suits, issues in labor and employment law, real estate and anti-trust/probate issues.

As an attorney in civil litigation you are often challenged.  It is assumed that you will be an expert for your client and with that you become an expert in many different situations pertaining to the law.  You are basically trying to win a debate.  You will assume an opposite position and have to embrace the controversy and conflict that comes with it in representing your client (s). As a civil litigation attorney you will be working with other attorney’s and paralegals to best develop your position/side of the debate.  The job of a litigation lawyer is one that includes a great deal of stress and abundant hours.

As with any type of case being handled in the court of law, litigation of a civil nature goes through a process of stages.  Civil litigation has seven specific stages it follows and going through the process can range anywhere from a few months to several years to achieve result.  The stages can be broken down as such: investigation, pleadings, discovery, pre-trial, trial, settlement and if desired appeal.  Not every suit will go through every phase.  If you are lucky the case could reach a verdict/settlement before going through the trial process. 

Watching shows on television would lead you to believe that most of the attorney’s time is spent in trial however this is far from the truth.  The most time in a civil case is spent in discovery.  This is the time when information is pulled and accessible to both parties to review. It is a time that is labor intensive and attention to detail is of utmost importance.

As with any specialty in law there are certain character traits that help you a grown and become better at what you do.  The best thing you can do for yourself if interested in becoming a civil litigator is to start embracing procedural law.  To be an attorney of any degree you must have strong oral skills as well as being able to be an empathetic advocate.  The ability to reason and think logically will help you in the discovery process as well as assisting communication with your client.  Use and develop these skills to assist in your growth as a litigator. 

Wednesday, August 7, 2013

Steps Involved In The Divorce Process

If you are going through a divorce the state in which you live will dictate what the process will be like for you. This article is designed to give you a brief look into the divorce process in general, the events that will occur and what you can expect throughout.

One of the first step in the divorce process is the separation process be it legal or agreed upon by the two parties. Depending on the circumstance the separation could occur when the courts legally negate for it or one party decides to leave the family home. A legal separation is an agreement that is put in place to protect both parties and any children. If you live in a state in which a legal separation is not allowed your first step will be to obtain a divorce attorney who will file a motion for a temporary separation to be put in place.

To begin the actual divorce process you and your attorney will file a petition for divorce with the local courts. This document identifies the two parties involved, any children between them and reason for divorce. In most state there are two main reasons for divorce, irreconcilable differences or incompatibility.

Whoever files for the divorce is known as the petitioner/plaintiff while the other party is referred to as the respondent/defendant. The individual starting the divorce process will serve a letter of complaint to the respondent. Once this has been done the respondent has thirty days to find and hire their own divorce attorney and respond to the original letter of complaint.

Once this is done a temporary order of divorce is issued addressing issues with temporary custody, support and other important issues that are immediate. Once this has been put into place any party violating the agreement can be held in contempt of court and jailed and/or fined.

The next step is considered the discovery phase of the divorce process. This is a legal way to gather information. The steps include: disclosure, interrogatories, admission of fact, request for production and depositions. In a smooth divorce this is hopefully the end for you. It is hopeful that during mediation that the parties involved along with their attorneys will agree upon a settlement.

If you are not able to mediate an agreement that is suitable to both parties you will be given a trial date where both parties will go before a judge and argue their case. The judge will examine all the evidence and a decision will be made based on what he/she feels would be the best resolution.
A final decree is signed after the court has ruled. It will lay out how the property is to be divided, custody arrangements, support both spousal and custody as well as any other issues that are pertinent to dissolving a marriage.

Most divorces require a period of time between the initial filing and any rulings surrounding the case. This period of time increases if children are involved. The period is set to give both parties time to consider reconciliation. Such is considered a cooling off period for the parties to make sure a decision to divorce has not been made in haste.

Divorce is not a simple process and should not be taken lightly. Contact a local divorce attorney for more information regarding the divorce process in your state.

Wednesday, July 3, 2013

The Reasons Don’t Matter When Going Through A Divorce Your Attorney Does

When you walk down the aisle into wedded bliss no one is ever thinking about what lies on the opposite side of happily ever after.  The vow does not say happily ever after until the divorce after all.  As much as we don’t like to think that our marriage could fail and that we could be the fifty percent that don’t work out it does happen.  As a divorce attorney I am often asked what the leading factors in divorce are.  From experience and years of experience I have gained little knowledge to actually narrow the exact cause of divorce.  Instead I have come to realize that many little factors combine into one massive explosion which in itself leads to filling for divorce. 

For instance, many people believe that a fifty-fifty split in the chores around the home will keep you happily married until death do you part.  This view is a rather modern version of society’s views on marriage and does not necessarily help with keeping your marriage out of divorce court.  The chores might not be as much to blame as the way the structure of the family in this situation is viewed.  One theory is that the marriage becomes less sacred as the wife is viewed as not doing her duties in maintaining the family.  Although this is an old fashion view it still plays into the mindset of a family unit.

In marriage both partners should be willing to do things around the house for their partner as a desire to please them.  Whether this is done in a perfect fifty-fifty split is less of an issue verse the mindset that you are doing something for your family and your partner.  With this view of marriage you are doing chores to please your spouse rather than out of a combative view that everyone must stay equal.  

In-laws and the relationships couples have with them are another source where people often site as the reason their marriage has failed. In studies it has been said that when a husband is close with his in-laws the marriage is 20% less likely to end in divorce where as the opposite is true when it is the wife that is close to her in-laws. 

Why you ask?  Many times men take criticism as constructive and use the information making it a less personal jab against them.  This is not true when it comes to the wife accepting criticism or input.  Women are more likely to see it as a meddlesome, personal attack on them.  This rift often causes issues within a marriage.  The fact is the relationship with the in-laws is not necessarily the issue but instead the manner at which we take in and process situations. 

The list of reasons people think their marriages have failed is plentiful.  Here I sited two issues that come out a lot when talking about why couples think their marriage dissolved.  The main thing to remember if you find your marriage in a state in which it is beyond repair you both must seek council.  Divorce attorneys work together to diffuse explosive situations and to create an outcome that will be in the best interest of both parties.  In divorce proceeding’s  the same thing is true as it is when talking about marriage success and failure… the little things add up and combine into one massive explosion.  Attorney’s can help prevent your divorce from combusting.

Tuesday, June 18, 2013

Tips On Hiring A Criminal Defense Attorney

Most people don't ever consider the fact that one day they may need a lawyer. No one wakes up and says, "Today looks like a good day to get myself arrested." When it comes time to get a lawyer it is not something that is planned out. Although selecting the right attorney for your case instantly becomes one of the biggest decisions you will make. There are many things that go into selecting the right attorney for your case starting with finding someone that concentrates on the area of law in which you are finding yourself in trouble.

Selecting the right criminal defense attorney can be the most difficult issue in the whole nightmare. You will want to choose an attorney that can represent you to the fullest level of service needed in a defense case along with taking into account their previous record, ability, price and practice experience. When you find the right attorney you will know. The combination of your case and your attorney will come together and fit like a glove.

If you are charged with a crime don't settle for any attorney that your friends and family may know. You want an attorney that specializes in criminal defense. This is important as they have experience with prosecutors that other attorney's don't have. A criminal attorney that has experience has probably handled cases similar to yours before and therefore can get concessions some attorneys may miss. Attorneys now a day have websites that can help direct clients in the types of law they are experienced in. A website is a great way to view the types of work and cases the attorney is familiar with before setting up an initial meeting.

There are several different concentrations criminal attorneys can specialize in. Some tend to focus more on drunk driving cases, while some take on cases of rape and violent crimes. It is not required that criminal defense attorneys specialize in one certain area of criminal law. What you are looking for is to find a defense attorney that is willing to put time and effort into representing your case as a unique case.

Many people charged with crimes have limited resources and settle for a public defender. When it comes to your freedom a public defender is not the best option for you. Public defenders are trying to juggle several cases if not hundreds of cases at a time for the state. Therefore don't have the necessary time to give to your specific case. This is obviously not a position you want to put yourself in when it comes to defending your freedom. This is not to say that public defenders are in any way inept however more overwhelmed as their case loads are often larger than those of private attorneys.

Don't settle when it comes to finding a lawyer to represent your well being. Criminal cases are often lengthy and require you to work directly together towards a common goal; making sure that you don't pay the price of a crime with your freedom. Guilt is not something that can be assumed although it may feel like that when you are trying to prove your innocence. Find a criminal defense attorney that you can collaborate with to find the best results in your case.

Wednesday, May 29, 2013

Tips On Getting Out Of A Driving Under The Influence Charge

Thinking back upon the wonderful night out you had enjoying some much needed time with your spouse it is possible that one drink too many was had. Now you are facing charges you never considered you would encounter. A drunk driving offense on your record in the form of either a DUI or DWI is the last thing you want following you around. If you find yourself in a situation where you have been charged with a drunk driving offense there are several things you can do to enhance your chances of getting the charge reduced or even dropped.

The first thing you should do after your arrest is take time to sit down and record the detail of your arrest. Document what you were doing, who you were with, how much you had to drink, what you ate and other details that seem unimportant now but can help your defense later. It is important to take note of where you were stopped, what was said between you and the officer, the names of the officers who stopped you and the circumstances surrounding your arrest and booking. Remember during the entire process to be respectful to the officers and cooperate without providing incriminating information.

Immediately contact an attorney experienced in DUI cases. Driving under the influence or driving while intoxicated cases are incredibly complex cases and require experience in the law to get results for you. In order for the prosecution to prove you were under the influence or intoxicated above the legal limit they must prove that the testing method used to gain your blood alcohol level was working correctly. Local laws will also require certain proof as well. If the prosecution has not provided everything needed to prove guilt your lawyer will be able to play the system in your favor.

Every state has their own laws regarding field sobriety testing. In some states you can choose to refuse a field sobriety test. If this is an option in the state that you reside you may wish to invoke this right and forgo the alcohol sobriety test in the field. It is good to note that if officers decide to take you back to the police station a breathalyzer test may be required. If this is refused you will most likely lose your license. If you have an attorney available to consult with you may choose to have him/her meet you at the station to ensure your rights are not violated.

The last thing you want after a casual night out with a few beverages and drinks is to find yourself in a situation that leaves you battling a possible DUI or DWI. Take caution when out and about and having beverages. It is amazing how little one person actually has to drink before being considered over the legal limit to operate a motor vehicle. If you find yourself in this unfamiliar situation don't panic. Hiring an experienced DUI attorney that will help you face the charges at hand will make all the difference in the world when it comes to what is reported on your permanent record, if anything at all.