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Tips for Amicable Divorce

Top 6 Tips for an Amicable Divorce

In the minds of many people, divorce and court trials are inseparable like smoke and fire. A few decades ago, this was the case. Fortunately, there are other options nowadays, namely an amicable divorce, where married couples don’t have to wage war against each other in court.

After the adoption of the no-fault divorce law in 1970, the divorce rate skyrocketed. A 2019 University of Virginia research report revealed approximately 3 divorces per 1,000 married women in the 1960s. In the 70s, this figure rose to 4.5, and 5.5 in the 80s.

These results suggest that divorce was increasingly viewed as a viable option for women; they were feeling more empowered, making more money, and feeling like they had more choices.  In the latter scenario, these divorces can likely be uncontested or amicable.

What is an amicable divorce?

An amicable divorce is not about being best friends with your (soon-to-be) Ex and liking each other. You wouldn’t consider divorce in the first place if your relationship was a loving one.

In the context of ending your marriage, “amicable” means “civilized.” It’s about resolving disputes in a nurturing and productive environment.

A peaceful divorce is actually not that hard to get to if both sides are willing to make an effort. You’ve probably heard of Conscious Uncoupling, for example, or divorce mediation, or Pro Se (DIY) divorces. To learn if one of these alternative processes is right for you, consider these six key steps to ensure a smooth and amicable process–and don’t forget to ask yourself: are you and your spouse capable of them?

1. Have an open mind for negotiation

Honesty and openness are the foundation of a successful negotiation. If one of the parties starts hiding valuable information, assets, income, etc., it’s not going to work. Agree from the very beginning to be truthful about all the aspects of your divorce. Otherwise, all your efforts will be pointless.

SAS note to women: It’s one thing to say you both will be honest, it’s another to know that you both will be. If your spouse has a record of deceiving, betraying or hiding things from you, go for a more traditional approach to divorce. Hire a lawyer who is a good negotiator on your behalf.

Naturally, in any divorce, neither of you will get precisely what you desire. Don’t expect your spouse to agree with everything you suggest just because you think it’s reasonable. Sometimes their point of view may differ from yours, and you’ll have to accept that.

During negotiations, the most vital thing is to stay focused on the key points that hold the most significant interest to both of you. How much money would you need to meet your needs after divorce adequately? Could your spouse (or you) afford to pay alimony (spousal support) and child support? You and your partner need to carefully approach all the details together and make a joint decision. That’s the essence of peaceful negotiations, right?

2. Focus on the desirable result.

Can you remember why you got married in the first place? You were in love and full of hope to walk hand in hand through life until death separates you. Unfortunately, not all of us can reach that distant goal.

Nothing has changed since then except that your goals are now different. Have you already determined what you really want from this divorce? If not, it’s high time to start figuring it out. But if you know where you’re heading, don’t let negative emotions lead you astray.

An amicable divorce is all about attitude. Reduce the tension to a minimum, and keep your eyes on your goal.

Take time to ponder over your life post-divorce. Do you see your Ex in it? After an amicable divorce, many couples remain friends and even sometimes spend time with their children as a family unit. You must agree that such a scenario is more pleasant than fighting endlessly over all sorts of things.

Act based on what is paramount to you and ignore everything else. Work through any disputes peacefully and make sure your communication is positive.

3. Treat each other with respect.

An uncontested divorce is only possible with mutual respect and politeness. Both you and your spouse are adults and can behave accordingly. It’s not as challenging as you might expect.

Start with getting into a positive state of mind and remain focused on keeping calm. Also, listen attentively to your spouse and contemplate their suggestions. Don’t let your emotions take over.

Whenever you feel like losing it to anger, take a deep breath and pause before saying or doing anything. Consider the consequences in the long run–will your current action improve the situation in any way? If not, give it up. Neither you nor your spouse will win if you keep insulting each other instead of resolving disputes.

Show civilized behavior. Don’t badmouth your partner in front of your children and relatives. And especially, don’t gossip about them on social media. You’ll only entertain the public and receive even more negative feelings back. Such actions also won’t help you to maintain an amicable divorce.

4. Think about your children’s needs.

Divorce affects everyone in your family, and especially children. They are very sensitive to any changes in mood and attitude between their parents. Remember yourself in childhood and what acute sensations of the surrounding world you had.

Now imagine how terrifying it is for a child to go through a family breakup. You don’t want to aggravate the situation even more by fighting with the other parent, do you? On the contrary, you want to protect your children and make them feel loved by both you and your ex.

Learn to trust yourself to be a good parent. The same goes for your partner. It’s time to loosen your grip and stop controlling everything and everyone around. Every good parent brings up their children with a position of love and a wish to make their lives happy. You will never be able to communicate well with your ex if you do not trust them with raising children.

And since we have touched on the issue of healthy communication, children need to see their parents find common ground and behave in a civilized manner whenever they meet. It can make a huge difference in a child’s emotional health.

5. Get an educational consultation with an attorney: don’t rush to hire one.

You cannot become your own divorce lawyer fast enough, despite what Google makes you believe. If you are thinking about divorce, and especially if you have children, assets, and/or debt, we encourage you to draw up your questions and consult with an attorney to hear what the law says about your circumstances. Do this before you commit to “how” you will divorce, or even, “if” you will divorce.

After you are informed about the law, you can decide if you will pursue DIY divorce, mediation, an online divorce, or a more traditional approach of you hiring an attorney and your spouse doing likewise.

Consulting with an attorney does not mean you are necessarily getting divorced. It also does not mean you are seeking to be adversarial or un-“amicable.” It means you as a woman are getting educated on your rights and what you are entitled to before you act.

It’s good practice to consult with other experts, too. For example, you may want to keep the house but need to learn if it’s really in your best financial interest. Consult with a financial advisor to learn the optimal longterm play for you (and don’t rely on an attorney for this.) You might consult with a parenting expert if you have concerns on what the best custody arrangement will be or how to support your kids through the divorce. Throughout the process, you might recognize that you are feeling overwhelmed and need to get strategic and healthy in your approach to all things “divorce”, in which case your best move is to schedule a free consult with a divorce coach.

The Legal Takeaway

Keep in mind that in divorce, you won’t always get what you want. The ability to find compromises is what makes a divorce amicable. On the bright side, you will be able to control the outcome by at least 50%. If you go to court, you will have to surrender to the will of the judge.

Do you trust absolute strangers to decide your fate, or do you prefer to do it yourself? Get informed, double check information, and choose wisely. It’s you and your children who will have to live with the consequences, not the lawyers and judges.

6. Forgive and forget.

You probably think, “How can I forget all those times when I was wronged during my marriage? And why should I? Now, I want justice.” Well, guess what? Such an attitude will bring you nothing but more suffering.

There are no winners in divorce. And you won’t feel any better if you keep blaming your marriage breakdown on your partner. Be wiser than that. Does a butterfly think about the time it was a caterpillar? No, it spreads its wings and flies. So, instead of focusing on your past and arguing over it, choose to take action to help yourself recover and move forward. 

Learn how to help yourself grieve the losses you experience, choose to live in the present, and plan for the upcoming future.

Is it worth the try?

An amicable divorce is a conscious choice. It can’t be involuntary, and it doesn’t work for everybody. You have to decide for yourself what type of separation you want and stick to it. Just keep in mind that no matter what method you choose, going down the hateful path only brings more negative feelings into your life. There is always a way to go about any situation productively. You can choose less stress and fewer expenses with a more positive experience by opting for an amicable process.

Jamie Kurtz is a divorce attorney and a member of the State Bar of California. She’s a co-founder of a law company helping people with uncontested divorces and a contributing writer for OnlineDivorce.com, a web-based service for divorce papers preparation.

Since 2012, SAS for Women is entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its confusing afterward. SAS offers women six FREE months of email coaching, action plans, checklists and support strategies for you, and your future. Join our tribe and stay connected.

Suing the other woman

Suing the Other Woman

A recent lawsuit in North Carolina has called attention to the presence of “the other woman” as a cause of divorce.

There are only six states left where a woman (or man) can file this kind of lawsuit—the other five being Mississippi, South Dakota, Hawaii, New Mexico and Utah. The legal suit, termed “alienation of affection” and its precedent dates back to the 1800s when women were still considered property. Initially, only men could make such a claim. That right shifted later to married women as well, but most states have repealed the dated laws in part because they were vehicles for revenge, greed, and blackmail. There is also the slipperiness of trying to litigate what makes a good marriage. Even the most practiced lawyer might find that tying the ideals of partnership, commitment, respect, and trust to the pragmatic iron of money is a bit like trying to put the mercury back into the thermometer.

In the case of N.C. residents Elizabeth Clark vs. Adam Clark (U.S. Army Major, Special Forces) and Dr. Kimberly Barrett (U.S. Army Lieutenant Colonel and an ob-gyn at Womack Army Medical Center), the questions of infidelity and revenge include both the plaintiff and defendant. Both Clarks cheated on each other during their marriage, but later renewed their vows and went to marriage counseling. Regarding the issue of revenge, the former Mrs. Clark sought and won punitive damages against Barret for alienation of affection.

Details of The Clark v. Clark Case

The motivation for seeking these damages may have had more to do with child support than revenge, as Major Clark allegedly refused to pay most of it on behalf of the two children the couple had together. In retaliation, Clark posted nude pictures of his now-ex-wife on dating web sites, along with the claim that she had sexually transmitted diseases. Aside from being against the military code of conduct and behavior unbecoming of an officer, these were pictures that Clark had sent to her husband while they were married. He had been the only recipient—the only one, that is, before he made them public and publicly humiliating.

Revenge and punishment make up one aspect of the Clark v. Clark case.

Another is the question of property—begging the question addressed in some articles of whether it is possible to steal a spouse as a thief might steal a car or necklace. Marriage does involve property, but holding to the idea that such lawsuits are not valid from a humanist/feminist perspective because they sustain the antiquated, demeaning idea that the spouses themselves are property is one-dimensional. A more accurate interpretation is that this is far less about property than it is about a spouse violating a contract—that promise to love and cherish that are typically part of the marriage vows.

The Other Woman

It is not the “Other Woman” who made that vow; it is the spouse who is responsible for his (or her) end of that stick.

So why should a spurned wife go after the other woman for punitive damages—an action characterized as simply revenge, just a way to lash out at her for being his new choice?

The spouse breaks the vow; why should the other woman be on the hook for a promise he made? Because, in making the decision to get involved with and pursue a lasting relationship with a married man, the other woman is an agent of that contract violation.


If you are dealing with infidelity, consider reading What to Do With Your Cheating Spouse


She may not have made any promises to the wife of her lover, and she may not have signed a non-compete clause, and he may have cheated with someone else if he hadn’t with her.

But the fact remains: she helped him cheat.

There are grey areas, of course, and love does make things messy with some frequency. Occasionally, the spouse who is being betrayed is venal or toxic or has some other aspect of character that their mate finds unsustainable and unlivable. People are also organic; they change and grow, and the partners who once fit now don’t, and both of you may now fit and feel better with someone else. The other woman may have been one agent of a marriage’s demise, but there are almost certainly others, and it is not often appropriate or healthy to blame her. One could make intellectual and spiritual arguments about the role of the “other” in a marriage.

Professional Implications

Cheating may not be illegal in most cases or most states, but it is a question of ethics–particularly for a woman who took the Hippocratic Oath to “abstain from that which is deleterious or mischievous.” (Technically that does only pertain to patients, though). We may not marry the guy or the gal, but when we mess around with a married person, we help them cheat. Grey areas or not, who took the vow or not, that fact does remain.

In the case of Dr. Kimberly Barrett, not only has she made a high-powered, highly educated career out of facilitating the birth of other women’s families, she sat there in the courtroom and watched her lover denounce the love he told his wife he had for her all along. He said out loud on legal record that he lied to her, and Barrett watched with complicity, so that she could avoid responsibility for her participation in the corrosion of another woman’s marriage.

Apparently, the court agreed that she was culpable. On charges of alienation-of-affection, libel and revenge porn, Clark (a Fayetteville bartender) won $3.2 million from her ex-husband and his (new) wife.

Facing Facts

All grey areas, intellectual and spiritual perspectives and angles aside for the moment, it does make you want to ask, “How dare you?” to both parties, as Annette Benning’s character in the new movie Hope Gap says to that other woman, after her husband of 29 years tells her he is leaving her for his new love.

Not only did Clark cheat on his wife (as have hundreds of thousands of other spouses, male and female, across the globe), he stood up and testified in court that he never loved her, despite telling her throughout their marriage that he did. Barrett and Clark used the defense that Clark never loved his wife; ergo, Barrett wasn’t guilty of despoiling the sanctity of anything. The court disagreed.

To a sharper point than alienation of affection laws, then, perhaps one should give more focus to making illegal and subject to punitive damages the practice of marrying someone and maintaining that marriage under false emotional pretenses.

Notes:

Jennifer Bent is a freelance writer, former print journalist and feature writer living on the West Coast. Nicknamed Verbose at a young age, she loves word craft but has to keep a short leash on her fondness for the profane. Jennifer enjoys compelling content and the liberty to write about interesting contributors and innovative ideas. Connect with Jennifer at verbosej@hotmail.com 

Since 2012, smart women around the world have chosen SAS for Women to partner them through the emotional, financial, and oft times complicated experience of divorce and reinvention. SAS offers women six FREE months of email coaching, action plans, checklists and support strategies for you, and your future. Join our tribe and stay connected.

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”

Gray divorce

What Does a Gray Divorce Mean for You?

On the subject of gray divorce, it seems that there’s an elephant in the room.

The divorce rate is slowing for millennials and younger age groups largely because people are waiting longer to marry or not marrying at all. Fewer marriages mean fewer divorces, and the fact that both men and women now have jobs or careers outside the home contributes to this.

But for the 50-plus age group, divorce is “skyrocketing”. In 1990, divorce ended the marriages of one in ten couples age 50 or more. In 2013, that number had increased to one in four, and it doesn’t seem to be slowing.

It used to be that men were far more likely to have a life outside of their marriage. In fact, they had meaningful access to these other facets of personhood, a source of self-esteem, and venue for accomplishment. (By meaningful I’m referring to careers vs. jobs). Now, women also have the advantage of a professional context, a place where they have value beyond being a wife and mother. They, too, have a “work family,” and yes, they too could be on the hook for paying alimony. That is, if they are making more money than their spouse.

The True Costs of “Gray Divorce”

Most of the articles on “gray divorce”—the dissolution of marriages between people in their 50s or older (the Silent Generation, the Baby Boomers, and now Gen Xers)—talk about the negative financial impact that divorce has on this age group. Or that women are still likelier to initiate divorce, even given the negative financial impact.

There’s a lot of that, to be sure. It isn’t just the expense of divorce, which averages at about $11,000 for divorces with a lawyer involved. And it isn’t just the loss of retirement funds and savings accounts at a time when there are far fewer remaining years to regenerate that nest egg. It isn’t just that women more often bear the social, emotional, and financial burden of raising children after a divorce. And it isn’t the fact that the women of the “Betty Crocker Generation” were far more likely to be funneled en masse into stay-at-home mom (STAHM) roles to find their worth in home-making and child-rearing and basing their financial security in their ability to be with the right man.

In her 1993 University of Chicago Law Review article, Cynthia Starnes writes:

“Seriously at risk are the heroines of the Betty Crocker culture, women who have already devoted their most career-productive years to homemaking and who, if forced into the labor market after divorce, suddenly will be viewed as modern dinosaurs” (70).

Social Costs of Gray Divorce

But here’s the catch: financial assets aren’t the only assets that disappear with the end of a long-term marriage. There are physical assets as well. Physical attractiveness is the other currency involved in gray divorce that can cause women a disproportionate amount of depression, grief, and self-image issues.

We have come a long way, baby, it’s true. However, society still ties women’s currency to our physical attractiveness. Not to mention, global attention spans are even more camera-absorbed, image-driven, and youth-obsessed than ever. This is especially the case now that so many of our interactions are occurring over Zoom in order to comply with COVID restrictions.

The research puts it as plainly as a nose on a face. In 2017, the Pew Research Center published a study that focused on what qualities we value in men and women. While honesty, morality, and professional success are what we expect of men, the top qualities for women are physical attractiveness and being nurturing and empathetic. According to the article, large majorities say men face a lot of pressure to support their family financially (76%) and to be successful in their job or career (68%). At the same time, seven-in-ten or more say women face a lot of pressure to be an involved parent (77%) and be physically attractive (71%).

Society’s Unrealistic Beauty Standards

Girls and women feel enormous pressure to be attractive and stay that way regardless of the passage of time. Moreover, our culture of homogenized beauty standards is only just beginning to recognize women of varying sizes, skin colors, and ages as worthy of being called beautiful. It is still far too easy for us and our male counterparts to see the assets of our youth as diminished by gray hair and crows’ feet or to not see them at all.


If you are thinking about or beginning the divorce process, you owe it to yourself to consider Annie’s Group, our virtual group coaching program for women looking for support, structure, and community.


Until we fully embrace the idea that age brings about its own kind of sexiness and beauty, we will be functioning at a deficit.  And that doesn’t begin to touch on the amount of actual money women spend on anti-aging products. An October 2018 article published by InStyle puts that global estimate at $330 billion annually by the year 2021.

Financial Security in Gray Divorce

While no-fault divorces make it cheaper and simpler to divorce, they also leave women without the means to recover afterward. For gray divorcees re-entering the professional arena after working primarily in the home for 30 years, there isn’t enough financial leverage to recover the years spent.

To paraphrase one of my favorite New York Times best-selling authors Jennifer Crusie: we can’t get back the high and tight boobs or the perfect skin, but we can always make more money.

This may be poor comfort for those who are already coming out of the hen house of marriage as silver foxes, but if you are still in the process of divorce evaluation, get yourself squared away in the job market before you jump and keep in mind that—partnered or not—plot twists do come late, and we can always rewrite ourselves.

Notes

Jennifer Bent is a freelance writer, former print journalist and feature writer living on the West Coast. Nicknamed Verbose at a young age, she loves word craft but has to keep a short leash on her fondness for the profane. Jennifer enjoys compelling content and the liberty to write about interesting contributors and innovative ideas. Connect with Jennifer at verbosej@hotmail.com 

Whether you are navigating the experience of divorce or that confusing place of recreating the life you deserve, one thing we see making a significant difference for women is the conscious choice to not do it alone. Since 2012, smart women around the world have chosen SAS for Women to partner them through the emotional, financial, and oft times complicated experience of divorce and reinvention. SAS offers women six FREE months of email coaching, action plans, checklists, and support strategies for you, and your future. Join our tribe and stay connected.

*SAS for Women is an all-women website. At SAS, we respect same-sex marriages.  For the sake of simplicity in this article, we refer to your spouse as a male.

Divorce Guilt

The 5 Sides to Divorce Guilt

The process of divorce is harrowing enough. It’s physically, emotionally, and financially draining. It’s life-altering for everyone involved. And it comes with a guaranteed grief cycle in its wake. So the idea of adding divorce guilt to the heap of undesirable feelings seems almost, well, unfair.

Guilt is the usual accompaniment to having done something wrong or bad. It’s the expected emotional reaction for someone with a conscience in the aftermath of going against his or her moral compass.

But guilt is actually multi-faceted and is sometimes warranted, sometimes not. It’s on the spectrum of negative emotions driven by thoughts.

Underlying this whole concept of guilt is a Freudian treasure chest of theories involving thought, behavior, upbringing, and even sexuality. Add religion to the mix, and guilt can become a Beast with a capital B.

So what exactly is divorce guilt?

And why does it exist even for those who have made the painful decision to divorce for the right reasons?

In cognitive theory, there are five types of guilt:

  1. Guilt for something you did.
  2. Guilt for something you didn’t do, but want to.
  3. Guilt for something you think you did.
  4. Guilt that you didn’t do enough to help someone.
  5. Guilt that you’re doing better than someone else.

And divorce guilt can bear shades of any or all of these types.

Take, for example, the first and most obvious: divorce guilt for something you did. 

1. Guilt for What You Did

Infidelity is likely the first trespass that comes to mind. Cheating on your spouse, regardless of how or why and regardless of how the infidelity is discovered, can cause irrevocable damage.

Even with agonizing remorse and repentance on the part of the unfaithful, you can’t undo infidelity.  Often, you cannot transcend it.

Knowing that your marriage has been lost because of a choice you made—regardless of your reasons—can leave you with profound guilt.

We expect people who “misbehave” to bear an appropriate amount of guilt and healthy shame.

But perpetual rumination by the guilty serves no good, even if the harm caused has led to an irreversible consequence like divorce.

There is, of course, always the choice to actively learn from the destructive behavior and work to change your contributing thoughts and behavior patterns going forward.

2. Guilt for Having Thoughts

You may even feel guilty for contemplating or fantasizing about things you’ve never followed through on doing.

What if you have lain awake at night, wondering what life would be like on your own or with someone else?

What if you fantasized about someone from work who makes you feel comfortable, heard, and alive?

Even if you’ve never acted on these notions, is it possible that they have drawn energy away from your marriage? Is it possible that your inner voice has actually been heard and has hurt your spouse or your marriage?

Again, rumination beyond insightful reflection can be counterproductive in the long term.

3. Guilt for What You Did NOT Do

One of the most frequent causes of divorce guilt falls under the category of “believing you didn’t do enough.”

You want to leave or already have, but you feel guilty because your marriage doesn’t have the “drama” to justify divorce.

This is always a difficult guilt to grapple with because it challenges your very sense of relationship, commitment, and doing your best.

You may compare your marriage story to that of others who have far more “obvious” reasons to leave. You’re not being abused or neglected. Your husband isn’t a bad man.

Shouldn’t you be counting your blessings? Aren’t you being ungrateful? Do you even “deserve” to get a divorce and move on with your life?

What about all that unsolicited advice from family and friends who tell you to count your blessings? Are you missing something here—being selfish, “just going through a phase,” not seeing what’s right in front of you?

What if he provides for you and your family? What if your life seemingly checks off all the white-picket-fence boxes?

You may wonder if this is all just part of being married and if it will happen again if you enter another relationship.

Or you may have wanted the divorce but wonder why you feel so sad. Is it because of guilt? Is it because you really want to stay but don’t know what to do to make things better?

What if he left you? What if he was unfaithful at some point? Why on earth would you feel guilty?

And yet, maybe you do. Maybe there is a nagging realization beneath your hurt that says, “There were signs. I had an opportunity to work on things with him. And I had things I could have changed, but I didn’t. I missed the opportunity. And now look….”

4. Survivor’s Guilt

You may also feel guilt because you were the one who pushed for the marriage, and now you want out. Was your husband right all along about wanting to wait? Should you have waited?

And what if you’re the one who moves on more quickly and easily or who has more financial success after the divorce? This is a form of “survivor’s guilt” that can tug at your heart, especially if you genuinely want your ex to be happy.

5. Parental Guilt

There is, of course, one form of divorce guilt that is likely to affect both you and your (soon to be?) Ex: guilt over the children.

They didn’t ask for this. They didn’t cause this (even though children often believe they did and end up suffering their own form of “divorce guilt”).

They’re innocent bystanders—defenseless, voiceless, penniless, and essentially powerless.

Guilt over children can plague you for years to come. And children can help perpetuate it in an effort to manipulate or blame their parents.

So how do you deal with, let alone mitigate, that understandable form of divorce guilt?

How do you stop the nagging questions, “Should I have stayed for the kids? Will they be damaged by the divorce? And will they be okay without both parents around? Will they blame me for all the changes in their lives?”

The choice you both have, of course, is how you navigate your divorce and your lives after it’s over.

You can go at it like The War of the Roses. Or you can approach it like two people whose primary role in life is that of parents.

You can set your children up for success and happiness. You can help them see the hope in their future.

And you do that by being mature in your handling of the divorce, even when things get tedious or confrontational. You lead with your children’s welfare and highest good.

And you draw into your circle of professionals those who will prioritize your children as part of your divorce recovery.

Divorce Recovery

Divorce is a rending experience. But the space created by the brokenness can be seen and used as an opportunity for growth and stronger connections.

Buried at the root of guilt is a lifetime of built-in thoughts: “I’m not worthy. I don’t deserve (fill in the blank). I am responsible for everyone’s happiness. If something goes wrong, it’s my fault. I shouldn’t feel (fill in the blank).”

Because the emotion of guilt is a spur of the thought process, dealing with it effectively involves dealing with your thoughts. The enlightenment of your thoughts will ultimately light the way to your future by releasing the guilt of the past. Working with a divorce coach and therapist can greatly help with these feelings.

 

If you are considering or dealing with divorce, or recreating your life in its afterward, you are invited to experience SAS for Women firsthand and schedule your free, 15-minute consultation. Whether you work further with us or not, we’ll help you understand your next, black-and-white steps for walking into your brave unknown—with compassion and integrity.

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”

Custody Battle - How to Avoid Custody Issues During a Divorce

What is a Custody Battle and How Do You Avoid One?

A custody battle occurs when divorcing or divorced parents disagree about who should retain legal or physical custody of their children. Unfortunately, this is a common cause of litigation in family court, second only to litigation over support payments.

Custody battles are costly, both emotionally and financially, and can wreak havoc in the lives of the children involved. It’s important to educate yourself about the common causes of custody battles, how to avoid one, how to defend your child’s best interests, and what to do if you must file one.

How is Child Custody Awarded?

Absent any evidence that a parent is unfit, family law judges in most states will apply some form of a “best interests of the child” analysis. They will also factor in the rights of each parent to maintain a relationship with their children.

In determining the best interests of a child, a judge will consider:

  • The child’s age (younger children need more hands-on care);
  • Any evidence of the parenting ability of each parent;
  • What parenting arrangement will maintain a consistent routine for the child;
  • How any proposed change will impact the child’s current routine or lifestyle;
  • The child’s wishes, if the child is mature enough;
  • What parenting arrangement best protects the child’s physical safety and emotional well-being.

Historically, family law judges automatically awarded custody to mothers, but this is not the case today. Unless there are compelling reasons not to, judges will award parents joint legal custody, and either joint physical custody or physical custody with one parent, the other to have liberal parenting time.

When one parent wants to change the custody arrangement for any reason, they may choose to go to court. If the other parent disagrees, this is what is called a “custody battle.”

What Happens in a Custody Battle?

In a custody battle, also called a “custody dispute,” one parent seeks to change the child custody arrangement by filing a motion in family court and seeking a court order. The reasons parents need to do this may vary and can be any of the following.

One parent is:

  • Unfit
  • Emotionally abusive or absent
  • Physically or sexually abusive
  • A drug or alcohol abuser
  • In a living environment that is unsafe for any reason
  • Suffering from mental health problems
  • Unable to financially support the children
  • Attempting to alienate the children from the other parent

With the help of a good divorce attorney, the plaintiff parent must prove that for whatever reason, the children’s well-being is endangered by the defendant parent. “Well-being” includes physical safety as well as emotional and educational nurturing. Defendant parents often bring a counter-suit alleging that the plaintiff parent is unfit.

It’s important to know that the plaintiff parent faces an uphill battle to persuade the court that the defendant parent should not have custody of the children, because the law favors joint custody and the rights of parents to have relationships with their children.

Custody battles can be drawn-out and expensive. Not only will you pay court fees and ongoing attorney fees, but you will probably pay fees to experts for their evaluation and testimony, and perhaps fees to investigators. Custody battles also take an emotional toll on the entire family, especially if the children themselves have to testify. Pitting children against their parents in court can cause life-long emotional damage.


Wondering how to coparent when you absolutely “hate” your Ex? You’ll want to read our post about coparenting with an ex you hate.


How Can I Avoid a Custody Battle?

A parent having sole or joint custody of their children can try to avoid a custody battle by allowing their coparent the custody or parenting time ordered and by doing their best to cooperate and collaborate with their coparent.

Unfortunately, disputes arise. Your coparent may disagree with your parenting style or decisions you make and may make an allegation of abuse or unfitness, even if untrue. In this case, you will not be able to avoid a custody battle.

Consult with an attorney if your coparent files a custody dispute. Although your coparent must satisfy a high burden of proof of parental unfitness, you will need to assert your rights immediately. In cases where abuse of any kind is alleged, your children can be taken from you before it is proven in order to protect the children from possible harm.

What to Do if Your Coparent Alleges You Are Abusing Drugs or Alcohol

If you have a history of drug or alcohol use, this does not automatically make you unfit to parent your children. You should gather evidence that you have sought treatment and have been successfully treated for drug or alcohol dependency. This evidence can include proof of attending rehabilitation and negative drug or alcohol tests. Agreeing to continued drug or alcohol testing will help you retain custody of your children.

What to Do if Your Coparent Alleges You Suffer From Mental Illness

If you have a history of mental illness, this does not necessarily mean you are unfit to parent your children. You should gather evidence that you have recovered or are being successfully treated. This evidence can include the testimony or affidavits of psychologists or psychiatrists or the testimony or affidavit of the doctor who prescribes your medication.


How do you feel anchored when you are thinking about divorce and also spinning with all the information and unanswered unknowns? Check out “Overthinking When to Leave Your Husband.”


I Want Sole Custody of My Children, What Can I Do?

If you feel that the best interests of your children dictate that you have sole custody, you must file a custody dispute. Be advised that this will be expensive and may take months if your coparent defends.

Gather evidence that shows your coparent is unfit. If the reasons your coparent is unfit include any form of abuse, such as emotional, physical, or sexual abuse of your children, contact your local police and file a report. This can expedite the removal of the children from the coparent’s care and keep them safe while the court decides whether or not to change the custody arrangement.

Although a custody battle can be expensive and ugly, sometimes you cannot avoid one. Put your feelings aside about your partner as a spouse and ask yourself, is s/he generally a good parent? If so, it’s time to come to terms with the fact that your children deserve equal time with him/her. On the other hand, do not hesitate to file a custody dispute if you suspect that your children are unsafe or unattended to while in the care of your coparent.

 

About the Author

Veronica Baxter is a blogger and legal assistant living and working in the great city of Philadelphia, USA. She frequently works with Lee Schwartz, a noted child custody lawyer in Philadelphia.

Whether you are navigating the experience of divorce, or that confusing place of recreating the life you deserve, one thing we see making a significant difference for women is the conscious choice to not do it alone. Since 2012, smart women around the world have chosen SAS for Women to partner them through the emotional, financial, and oft times complicated experience of divorce and reinvention. 

“A healthy divorce requires smart steps through and beyond the divorce document.” Learn what we mean and what it means for you in a FREE 15-minute consultation.

How to divorce your husband and get everything by Weheartit

How to Divorce Your Husband and Get Everything

Emotions are tough to excise from a divorce. After all, being unhappy is how you got here in the first place. So, it’s not inconceivable that you would seek to learn how to divorce your husband and get everything.

Feelings, however, don’t write divorce laws or sway judges. And fuming into your divorce proceedings with a “get everything” attitude could be costly, both financially and emotionally.

It’s a natural byproduct of living in emotional warfare to want to get revenge. The hunger for validation and some kind of compensating vindication is understandable.

And nowhere is that more true than in a marriage with a narcissist.

Getting Your Fair Share When Divorcing a Narcissist

The emotional manipulation is constant. The mental twisting of gaslighting is maddening and exhausting.

And the narcissist’s mastery of playing his manipulation of you against his charming of others is isolating and even dangerous.

One of the must-knows when divorcing a narcissist is that you will not be receiving any thanks or compassion for your years of tortured commitment.

If anything, he will up his game to prey on your emotions and leave you with nothing.

All the more reason to study up on how to divorce your husband and get everything, right?

Well, not exactly.

Going into the mud with a narcissist is never going to end well for you.

He’s not going to see the error of his ways. And a court isn’t going to weigh its decision on your attempt to expose him for what he is.

Your safest and ultimately most advantageous approach is also the one that will not come naturally.

Emotional detachment.

Go ahead and scream. I know you want to. And God knows that man deserves it.

But once you enter into negotiating your divorce, you have got to put on your all-business face and put emotions aside.

“But he has ruined my life!”

“He was emotionally abusive.”

“He’s lying about everything.”

“He doesn’t deserve to get anything!”

Maybe so. But divorce court isn’t marriage counseling.

Knowing how to survive a nasty divorce is less about your relationship and more about the laws governing divorce in your state.

Sounds kind of heartless, doesn’t it?

In some ways it is.

And that’s not to say that the circumstances of your marriage will have no bearing on the final terms of your divorce.

It’s really just to say that the best tip for how to divorce your husband and get everything is to keep things transactional.

That means focusing on the business side of the contract, surrounding yourself with the right experts, and being prepared.

Develop a Level-Headed Plan for Your Divorce

You should even carefully plan out the timing of declaring your desire for a divorce (assuming you are the one initiating it).

Preparation also includes collecting hard copies of all your and your husband’s financial records and assets. Everything.

It means researching the divorce laws for your state and specific area. You need to know what you are entitled to before you can fight for it.

For example, some states have communal property laws. Not only will the assets acquired during your marriage be considered mutual property, but so will your debts.

Also, alimony isn’t a given in every state, even if you have been a stay-at-home mom.

Build Your Divorce Support Team Wisely

Probably the most important part of your preparation is the assembly of your divorce team.

If you’re looking for a way to divorce your husband and get everything, you may be tempted to find the most cut-throat attorney you can.

But be forewarned. This approach could end up costing you the money you want and the peace of mind you need.

Remember that divorce attorneys aren’t working out of a spirit of philanthropy. They’re expensive, and they round up, not down.

Going in with an attitude of “I want it all!” may get you a high-five and “Let’s get the bastard!” There are plenty of attorneys who will happily match your mindset if the money is there to support it.

But organizing a solid team isn’t necessarily about hearing what you want to hear, let alone an echo of your own thoughts.

Building a solid support team is about getting sound advice and guidance in areas where you’re not an expert.

It’s about hiring people intelligent, experienced, and ethical enough to look out for your best interest.

It’s about being courageous enough to trust experts to tell you what you need to hear, not necessarily what you want to hear.

For example, a tax expert should give you not only a current view of your liabilities, but your long-term ones, as well.

Adjust Your Ideas About “Getting Everything”

You may think in the moment that it would be sweet revenge to rip your 10,000-square-foot mansion out from under your ex-to-be.

But what is that asset going to mean for you down the road? Without access to your husband’s full ongoing income, will you be able to maintain it?

Or will you be weighed under by the mortgage, property taxes, and maintenance?

Investments and retirement are other considerations. You may “want it all” today, but you may not want the future liabilities.

That’s why you want to have outstanding financial, tax, and legal representation.

And that means representation that doesn’t delude you into believing that “getting everything” is likely, let alone prudent.

Dealing with Emotions During (and After) Divorce

Now, back to those emotions I told you to disregard in the interest of treating your divorce as a transaction…

It would be unrealistic to expect you to ignore your emotions during your divorce. This is one of the most emotionally traumatizing events you can experience in life.

It’s important that you understand what divorce does to a woman. And you’re not going to get the complete picture of that in one place.

The wisdom and preparation of this time simply calls for prudence in choosing who, what, when, where, why, and how.

Use the experts on your team for their chosen expertise. And use your therapist, divorce coach and an  educational divorce support group to hold you up emotionally and provide camaraderie.

Difficult as it may be to hear, planning how to divorce your husband and get everything warrants a shift in perspective.

“Everything” acquired in a state of anger or revenge will not be the “everything” that sustains you and builds a happy future.

You don’t have to forfeit anything.

And you should never forfeit your peace of mind.

 

Notes

SAS women are those amazing ladies you meet who are entirely committed to navigating divorce — on their own terms. If you are considering or dealing with divorce, you are invited to experience SAS for Women firsthand and schedule your FREE 15-minute consultation. Whether you work further with us or not, we’ll help you understand your next, black-and-white steps for walking into your brave unknown — with compassion and integrity.

*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”

 

Uncontested Divorce a by Weheartit

What’s the Difference Between an Uncontested and Contested Divorce?

When most people think of divorce, they think of conflict. After all, that is the image of divorce that we see time and time again. According to pop culture, it seems like the only way to call it quits is to engage in an expensive, lengthy, and stressful fight in which nobody really wins.

According to the CDC, America’s divorce rate has declined (in general) by 27.5% between 2000 and 2018, but it’s still a common enough experience, especially if you are a woman of a certain age. So, shouldn’t we find a better way to break up?

There are lots of great ways to skip the epic court battle in favor of a more peaceful approach. No matter the method, they all come down to one important key term: uncontested divorce.

What is a Contested Divorce?

Before we get into the details of uncontested divorce, let’s learn a little bit about contested divorce. This is the model of divorce which the uncontested ethic seeks to avoid.

Before your divorce is finalized, you and your Ex will need to figure out what to do about issues like property division, alimony, child support, and child custody. Sometimes couples begin the divorce process with a spirit of compromise, but often divorcing couples face major disagreements.

A contested divorce is when a divorcing couple is unable to reach a mutual agreement and therefore relies on a judge or arbitrator to develop divorce terms that are fair in the eyes of the law.

In general, contested divorce should be a last resort. It tends to be a more expensive, lengthier, and more stressful process than developing your own settlement agreement.

However, if your relationship with your Ex remains extremely adversarial despite your best efforts, then contested divorce is the best and only way to dissolve your marriage and begin the next phase of your life, a phase that may be more exciting than you can possibly imagine right now.

What is an Uncontested Divorce?

When a divorcing couple manages to reach their own settlement agreement, either by themselves or with the support of legal counsel or a divorce coach, they avoid needing a judge to make the important decisions. We call this an uncontested divorce. This means your and your spouse (or team) successfully negotiate divorce terms like child custody, child and spousal support, and the division of shared debts and assets.

There are a lot of reasons why an uncontested divorce is often the better option. For starters, it’s usually a lot less stressful than ending up in court.

It also tends to be faster than contested divorce, because you aren’t at the mercy of an overloaded court system. Because less time means fewer billable hours, uncontested divorces are also usually a lot less expensive than their contested counterparts.

Finally, when you opt for an uncontested divorce, you and your soon-to-be Ex retain a lot more control. The two of you have the final say in the terms of your divorce, and nothing can happen without both of you signing off on it. This can be especially important for parents, because it can be really hard to accept a stranger making decisions about your child.

This probably sounds really appealing, but is it really this easy?

As it turns out, you don’t actually have to like your Ex in order to cooperate with them.

How Uncontested Divorce Works

Uncontested divorce doesn’t mean that you and your spouse have to agree on everything right off the bat. Initially, the two of you only have to agree that you both want to make uncontested divorce work. Once that’s established, you’ll work together to choose the best method for your family.

Some lucky couples have pretty good communication to begin with, they just don’t want to stay married. These folks might be good candidates for DIY divorce. This means they fill out paperwork, draft their settlement agreement, and submit to their local court for the final approval.

If you and your spouse know what terms you want but are a bit intimidated by the process, we don’t blame you! If this sounds like you, then you might be better off ending your marriage through an online divorce platform.

These services handle the paperwork for you at an affordable flat rate. Some more comprehensive divorce packages will even manage your divorce case from start to finish. This means you won’t have to give it another thought after you finish answering their questionnaire.

Uncontested Divorce Support

You can also work with a mediator if you’d like. Mediators usually have a background in either law, psychology or finance, and they are trained to help you and your spouse negotiate more effectively. They cost more than an online divorce platform, but usually much less than a full-on court case.

Finally, you may rely on traditional divorce attorneys who have proven themselves as good negotiators. Hiring an attorney does not mean you are necessarily going to court. What is means is that you are relying on this traditional model to change the status of your marriage. Using a divorce attorney to advocate for you may wise if you have children, assets, or considerable debt.

Regardless of what model you decide upon as you seek your uncontested divorce, at SAS for Women, we recommend that every woman secure a private legal consultation with a divorce attorney (not a mediator, nor a collaborative divorce attorney first) to hear what your rights are and what you are entitled to BEFORE you and your spouse start splitting things up.

Is Uncontested Divorce Right for You?

For some divorcing couples, uncontested divorce is a no-brainer. They can agree on divorce terms immediately, they get along well enough, and they’re ready to take on this new project with gusto or determination.

For others, uncontested divorce is a goal to work towards, but they’re not sure if they’ll be able to manage it. Well, I’m here to tell you that when both parties have the right attitude, this goal is utterly attainable.

When it comes down to it, the key to a successful uncontested divorce is not sweating the small stuff. You shouldn’t let yourselves get riled up over every last piece of silverware, or you won’t maintain the calm necessary to stay out of court.

Instead, focus on the big things like your home, car(s), and, most importantly, your kids. If you can sort out these complex issues, the rest will fall into place.


If you are thinking about or beginning the divorce process, consider Annie’s Group, our virtual group coaching program for women looking for support, structure, and a safe community.


It can also be really helpful to take a deep breath and remind each other why you want to keep your divorce uncontested whenever you feel tensions starting to rise. It benefits everyone involved when you take a more peaceful approach to divorce.

When in doubt, re-focus on what matters.

If you and your Ex are parents, it might even help to keep a physical copy of your child’s photo on the negotiating table. It’s nice to constantly have that implicit reminder of why you’re doing this. The more time and money you spend on your divorce, the less you have left over for your kid.

Breaking up is almost always a difficult prospect. When you said “I do,” you expected it to last forever, and it can be really hard to give up on that dream. It can be hard managing a household alone, or sleeping by yourself, or not seeing your spouse across the dinner table.

However, just because breaking up is hard doesn’t mean that the divorce process has to be. If you’ve been searching for a way to approach your divorce with a greater degree of mutual respect, consider this the sign you’ve been waiting for.

 

Notes

Moriel Berger is a Los Angeles native with a background in writing and marketing, primarily in the startup world. She is a J.D. Candidate at Loyola Law School and holds B.A. in Liberal Arts from Sarah Lawrence College. After watching her parents go through a prolonged and painful divorce when she was in her early twenties, Moriel became inspired to learn about more positive alternatives, which eventually led her to join the team at It’s Over Easy.

SAS women are those amazing ladies you meet who are entirely committed to rebuilding their lives on their own, healthiest terms. If you are recreating after divorce or separation, you are invited to experience SAS for Women firsthand. Schedule your FREE 15-minute consultation. Whether you work further with us or not, we’ll help you understand your next, black-and-white steps for walking into your brave unknown — with compassion, integrity and excitement.
divorced women share survive holidays

Divorced Women Share 14 Secrets to Surviving the Holidays

The holidays can feel anything but “holy” or “holly-filled” this time of year if you are reverberating from divorce. If you are thinking about divorce, for example, you could be feeling schizophrenic right now, or like a fraud, trying to honor the hallowed rituals at the same time you are feeling fragmented and splintered about your future. If you are dealing with divorce, you are coping with some of the cruel realities of what change genuinely means now for your life (and your children’s). And if you are recovering from divorce, well, let’s face it. It’s a whole new game and you are probably looking at some time alone. All alone.

To help lessen the impact of the season and its expectations, we’ve turned to thoughtful, divorced women who are survivors. We’ve asked them, what suggestions and ideas might they share with you for coping with the holidays? What we’ve learned is that these other women who have come before you — those who have experienced the pain and isolation of living outside the conventional norms — want you to not suffer as deeply. What follows are 14 secrets divorced women want you to know about surviving and indeed, repurposing the holidays.

The reality is, we could all use a little help.

1. Don’t deny reality

“The holidays are a construct! They are celebrated by what seems to be EVERYONE. But don’t beat yourself up if you’re not feeling it because of your divorce or something else. Don’t participate if you’re not into them this year. Give yourself a pass to hang out and do anything you want if you’re alone. Ignore the holidays if you wish. Or go all out if you want. Don’t stop with the tree, hang a holiday light from every inch of your house. Inside and out! The point is, you have a choice and don’t go along with something that’s not comfortable. The holidays will come again. And you may want to lead the Macy’s Day Parade next year.”

June B., Minneapolis, Minnesota

2. Give yourself permission to do it your way—or not at all

“If this is your first (or second or whatever number) solo holiday, my best advice is to be gentle with yourself. Be grateful for what remains and then seek out others. Accept invitations that you historically would have turned down for whatever reason. Try to cultivate a new tradition for yourself and your children that is uniquely your own. Reach out, it gets better…I’m told.”

Susan, Boston, Massachusetts

“If you are in the throes of divorce, instead of trying to figure out how to do the holiday cards like you always have—with you, your spouse, and your children—give yourself permission to skip the holiday cards altogether this year. Or if that’s just not possible (you are too committed to the tradition), create a card that focuses on your children. That’s right—nix you and Mr. X from the photo!”

Molly K., Geneva, New York

3. Make a plan well in advance

“If you don’t have children or they’re not with you this upcoming holiday, make a plan right now on how you will spend that day. Brainstorm ideas. Maybe you are going to connect with long lost friends and have a meal, or go away on a trip or a retreat, or spend the day hiking, or go to a movie marathon. That’s what I did ten years ago, on December 25. That was my first Christmas alone, I mean utterly alone. And somehow sitting in a warm, dark movie theater with strangers — the theater was packed! — and getting caught up in a 4-hour epic drama transported me. It transported me out of my own drama, giving me a sense of warmth and community on a day that could have gone done as one of the worst in my life.”

Liza Caldwell, SAS for Women Cofounder

4. Love yourself this holiday season

“I bought myself a new bed with a good quality mattress and some new bed linens that cater only to my taste. The linens are a very feminine design and are superb to the touch. This new bed gives me good quality sleep and a better mood in the morning as a result. Instead of being upset that I sleep alone, I feel like a queen in a queen-sized bed on my own. This has worked so well that I’ve asked myself what else can I do to love myself. So I’ve changed my diet a little. First, I realized that I get more pleasure cooking for myself than I do eating out. I try to really listen to what I would like to eat and not compromise. I buy ingredients that I didn’t used to buy. They are ones that give me pleasure, like very fresh fish or a mango for breakfast.”

Eva, Moscow, Russia

“At 2:30 am, I admitted it was insomnia and I opened up a free app on my phone called Insight Timer for a guided yoga nidra session. The app offers lots of approaches to stress, insomnia, and more. I don’t know if I was conscious for the whole thing or not but I had an awesome sleep in the time I had left. I plan to listen to it again while awake in the daytime to learn about relaxing while awake and to think about regular breaks from constant focus on how much I have to do in too little time. I would like to reduce the mental energy I spend on problems and share my time with increased experience of what’s good and right.”

Susan W., Bethesda, Maryland


Looking for more suggestions from smart, divorced women? Check out this post on how to cope with divorce like a modern woman.


5. Let your boundaries be known

“By you and others. If you expect to see family, your Ex, or friends (the ones you are still in contact with), share your preferences. Let them know if there are gatherings you will not be attending this year or topics you’d rather not get involved with. If you worry you’ll see your Ex at a gathering, find out for sure and ask for understanding if you are going to beg out of attending this year. This helps manage your friends’ and family’s expectations and may also help ensure their good time lest they be worried about you.”

Alice, San Diego, California

6. Practice your script

“The holidays are a time when you are bumping into well meaning and not so well meaning acquaintances, friends, and family. Practice your lines so you are not taken unawares when people ask you about your divorce—the elephant in the room. I used to get caught off guard and didn’t know when to shut up, always regretting that I said too much when people asked me how was I doing. Now I know it doesn’t help anyone to talk about my feelings indiscriminately. In fact, few people are deserving of knowing what I’m really feeling, especially this time of year. So I keep it neutral. Why ruin their rum punch?

‘Thank you for asking about me. I am doing okay and doing what I must to take care of myself and work on my healing. How’s your puppy?’”

Bernadette, Athens, Georgia

7. Be careful with the rum punch

“Holiday parties and alcohol could be the perfect opportunity to forget your misery. But not really. As tempting as it is to numb your feeling with the spiked eggnog or oddly available drug, remember your emotions are just under your skin and you are still healing, if not hurting. It won’t take much for your emotions to be triggered and for your wounds or anger or hollowness to come bubbling out. Spare yourself and others any unpleasant outbursts or regrettable performances, and save the over indulging for a getaway with your best friends. Ask a friend to accompany you to a party and to take you home if you start acting a little vulnerable. Protect yourself.”

Janet, Boca Raton, Florida

8. Volunteer

“If you don’t have children or you don’t have your children for the holiday, maybe you’re feeling lonely? A good way to get out there and enjoy the holidays is to volunteer. Do it early because places book up! You may also meet some really great people.”

Alina, New York City, New York

“Perhaps volunteer time at a food shelter or church to pass out holiday meals or anything else they need your services for. I have found it to be very humbling and rewarding, and it helps to put the holidays in true perspective. One time I did this with a girlfriend, and after the event, we came home for a glass of wine—okay, bottles, wink, wink. We had goodies prepared for ourselves and had a lovely time reflecting on how blessed we really are.”

Lori, California

9. Focus on your children

“If you have children, you can’t simply write off the holidays. That would be tough on them. But be mindful that you may not have the capacity or resources to do everything you’ve done in the past. Nor should you try to compensate for the divorce by spoiling them with presents. Instead, give your children genuine time with you! Pick the most important rituals you want to focus on—cookie making or holiday decorating or caroling or visiting family and friends. Don’t try to do everything. By striving to stay present with your children, you may find you’ll experience the magic through their eyes, and you will savor some of the joy that is there for you too.”

Pam, Galveston, Texas

10. Get rid of old traditions

“I always hated how we had to get dressed up in fancy party dress every year to attend my in-laws New Year’s dinner. My children were too young to really participate and behave well. And there was always so much pressure and so many eyes on me it seemed, as their mother, to make sure the kids kept it together. Well, guess what? That’s on my Ex now. This year, for Thanksgiving, I am inviting my family, friends, and children to join me in wearing their ugliest Thanksgiving Sweaters, and we’re going to watch football. I am going to show my kids there are many ways of being together. The important thing is being together.”

Kendall, Cleveland, Ohio

11. Create new rituals

“I make an event of watching films that I always liked for the holidays and any day for that matter. These films are ones I couldn’t indulge in before as my husband didn’t like them. In my case, these are French comedies or Woody Allen films. And these are just for me!”

Eva, Moscow, Russia

“The holidays can become redundant, boring, and stiff. I think they are supposed to serve as a comfort, a ritual for celebrating, but I know the holidays can draw attention to what is missing or who is missing. To me that’s one of the biggest reasons for trying to do things differently. To be really conscious of what we love most about the holidays. I try to involve those aspects into plans. For me, as a single person, it’s all about who I will be with. I call those people up a month before a certain holiday, and I say, ‘What are we going to do to remind ourselves we are alive?” I’d rather eat Stouffer’s frozen lasagna from a microwave then spend a holiday faking it anymore.”

Maria, Portland, Oregon

“… For me, as a single person, it’s all about who I will be with. I call those people up a month before a certain holiday, and I say, ‘What are we going to do to remind ourselves we are alive?” I’d rather eat Stouffer’s frozen lasagna from a microwave then spend a holiday faking it anymore.”

Maria, Portland, Oregon

“Organize a ‘SisStar-Giving’ amongst other ladies who may be recently divorced or may not have children, friends, or family locally. To remove the stress of over-planning and being overwhelmed with meal preparation, you can provide one main dish (you can’t go wrong with wings) and ask each guest to bring the dish that people always ask them to make. To guide the menu, you can suggest some categories like appetizers or desserts. There’s bound to be a ‘mixologist’ in the crew. That one may opt to bring wine or other beverages. You could theme it as Jeans & Tee regarding dress code to make it as casual as possible, and look up party games to play. Crank up a mobile device with some good tunes, and you have a night to remember. Keep it simple by not going over the top, but one must have a ‘Thankful Circle’ in which everyone shares at least one thing SHE IS absolutely thankful for.”

Queen V, South Carolina

12. Be present and open

“I always hear advice for divorced women with kids. Sometimes it’s a little lonely and scary for someone who is in their mid/late 30s with no children. We may have expected to have children by this point in our lives and we don’t. To women like me, I say, ‘Give yourself permission to smile and enjoy the people who love you in your life. You are worth it.’”

Alina, New York City, New York

“I was getting concerned about my birthday on Dec 30th. This will be my first birthday after being separated. I was wavering between ‘doing something unusual’ or ‘sulking and doing nothing.’ By accident or by will of the Universe, ladies from work suggested we all go to the ballet on Dec 30th and have a dinner afterwards. I feel so happy and am so much looking forward to my birthday now.”

Eva, Moscow, Russia

13. Have a Plan B and a Plan C

“One of my biggest coping mechanisms, now that I am my own team, is to always have a plan, but if that plan doesn’t work, to be able to resort to a Plan B or a Plan C. Life is always shifting. I know I can dream about my ideal scenario and do everything to make it happen, but if something goes wrong, it’s a great comfort to have a Plan B and C so I am not left out in the cold.

For example, a friend of mine who can be a little whifty said I could bring my kids over to her house on Christmas afternoon, that her brother was coming over to give the kids a pony ride. I thought this sounded amazing and so different from what my kids have done in the past, but I worry. I’m not in control of the event so it might fizzle out and not happen. I’m not going to mention it to my kids until the day of and make it a surprise if it comes about, and if not, I’ve already looked online and found that there will be caroling in the town square at 5pm. We’ll go there. And if not, then we’ll go ice skating (Plan C) at the civic center which I’ve already confirmed is open on Christmas Day.”

Mary Beth, Addison, Wisconsin

“Plan ahead for the time when your children will not be with you. Having a fun plan for myself, such as time with friends, helped me feel loved during the holidays in a new way and helped with the intense feelings of missing my children.”

Laura, Middlebury, Vermont

14. As with everything, we promise it will get easier

“Getting divorced has been MAJOR! It’s meant losing friends who I thought were my besties. Losing possessions. Losing a way of being—not just losing my Ex. There are so many new and good things that have happened as a result of this ‘loss vacuum,’ but I’ve also learned something about me. I’ve been adapting. I’ve been learning and adapting and that makes this major change easier bit by bit.”

Jenny, Kansas City, Missouri

“The first time you do something new, like experience a holiday as a single person, it can summon up all the grief you’ve ever felt about the changes you’ve lived through. It’s okay to feel sorry for yourself. Be kind to yourself, too, though and remember, it will get easier. Your past is there, yes, but so is your future, a future for you to shape. Consciously. And that includes holidays you can and will experience the way you choose. You are not on autopilot anymore. And there’s something about that that is THRILLING!”

Mel, Garden City, New York

Thank you to all the divorced women in our community who cared enough about other women to share their ideas and secrets for surviving and repurposing the holidays.

If you needed this, know that every single one of the women above have experienced the gamut of feelings you’re going through, even if the geographic location or specifics of each of their stories are uniquely her own. And know as well that these women offering counsel are still here, they are still surviving and, yes, sometimes, more than they ever thought possible, they are thriving. We hope you find comfort in this, too. For this holiday season, and all days in your new chapter, find your old and new people who understand you. But above all, follow your own path as you continue onward in your divorce recovery. And as always, always, be kind to yourself. With all you’ve been through, you deserve it.

 

Since 2012, SAS for Women is entirely dedicated to the unexpected challenges women face while considering a divorce and navigating the divorce experience and its afterward. SAS offers women six FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future. Join our tribe and stay connected.

“Divorce can be on your terms.” ~ SAS for Women.

Divorce Judgement

What is a Divorce Judgement?

There are many legal documents you may face during the course of the divorce process. These may include those certified or sworn by the parties and the judge’s orders. This article will explain what a Divorce Judgement is as well as what other legal documents you may encounter.

Keep in mind that a Divorce Judgement can also be called a Divorce Decree, a Judgement of Divorce, or a Final Judgement of Divorce. This language depends upon the state in which you file your divorce proceeding. This information about Divorce Judgements is from the office of a busy Philadelphia divorce attorney.

How Does a Divorce Unfold in Court?

How a divorce judgement unfolds legally will depend upon whether you have a contested or uncontested divorce. This is the determining factor of whether or not you go to court. An uncontested divorce is when you and your spouse agree to:

Note: An uncontested divorce can also occur when one party files for divorce and the other party fails to file an Answer or officially acknowledge receipt of the papers.

Uncontested Divorce

Even in an uncontested divorce, it is not common for couples to agree on a solution to every single issue that must be resolved as part of the divorce. This is the work of the divorce attorneys. Their job is to negotiate on behalf of their clients until both parties agree upon terms. If the parties refuse to come to terms, the court may get involved in disputed matters. Regardless, you can expect that an uncontested divorce will finalize much more quickly than a contested divorce. 


To understand more about an uncontested and contested divorce, read How Much Will My Divorce Cost Me, Financially & Emotionally?”


The timeline of the divorce process will vary according to the procedure in each state. However, a couple filing an uncontested divorce can expect to divorce in as little as four or five weeks or as long as a year. This timeline depends upon the family court docket backlog–or how busy they are at your local courthouse

Contested Divorce

A contested divorce is another matter entirely. The term “contested divorce” refers to a divorce proceeding in which the couple adamantly disagrees about any or all of the following: 

  • Whether to get divorced
  • Who was at fault (in an at-fault state)
  • The terms of the property settlement agreement in general
  • What assets are considered community property (in a community property state)
  • The terms of the parenting time arrangement
  • Whether child support should be paid
  • The terms of the child custody arrangement
  • The amount of child support that should be paid
  • Whether spousal support should be paid
  • The amount of spousal support should be paid

The length of time it takes to resolve all of the issues in a contested divorce will vary greatly from case to case. If the parties enter into mediation or arbitration, that may help speed up the process. If the parties cannot agree and must make their arguments to the family law judge and let him or her decide for them, those hearings will proceed as quickly (or as slowly) as the court’s docket allows.

Typically, family law courts are busy. It is not unheard of for a contested divorce to take at least a year to conclude, and in some cases, to drag on for years.

So, a tip to the consumer: when you are asking questions and interviewing lawyers, and feel very strongly about a particular issue, make sure you ask the lawyer how winnable that issue will be for you and what the ballpark cost might be if you have to go to court to win it.

What Legal Documents Arise During a Divorce Proceeding?

The Plaintiff (and his or her attorneys) create the following legal documents:

  • Complaint (or Petition) for Divorce
  • Case Information Statement
  • Certification of Service of Process on Defendant/Respondent

Note: Some states refer to the Plaintiff as the Petitioner.

While you may be the one filing for divorce, it’s possible that you are instead on the receiving end of a divorce filing from your spouse. Don’t panic! Instead, educate yourself about what to do if you are served divorce papers.

These are considered legal documents, and those filing must certify or swear that the information contained within them is true and correct to the best of their knowledge.

What Happens After I File Divorce Papers?

Upon receipt of the filing, the family law judge will then issue a Joint Preliminary Injunction (JPI) preventing either party from selling or giving away marital assets, including the joint bank account. 

Assuming that you are the one filing for divorce, your spouse (the Defendant, or Respondent) will have a certain amount of time to file his or her Answer to the divorce papers (Divorce Judgement). Again, your spouse must certify or swear that the information in their Answer is true and correct.

After receiving the divorce papers, if your spouse agrees with your filing or otherwise fails to file an Answer within the allotted time, the Plaintiff receives a Judgement by Default and a Final Judgement of Divorce. This will include a Child Support Order if needed, a Spousal Support Order if needed, and a Property Settlement Agreement providing for the distribution of the marital assets.

If your spouse disputes your divorce claim or requests different agreement details, he or she must also file a Case Information Statement. This statement discloses their financial situation and must also accompany a Certification of Service of Process.

In a contested divorce where your spouse expressed issues with custody, support, or distribution of marital assets, the court will then issue orders while you negotiate. Once both parties resolve all issues, the court will memorialize them in the Final Judgement of Divorce.

Are There Legal Documents That Come After the Divorce Judgement?

Yes. Additional court orders may occur if disputes continue. Such orders include:

  • A modified Child Support Order
  • Modified Spousal Support Order
  • Modified Child Custody Agreement

If either party is not complying with the agreed terms, the judge might also issue an order for Contempt of Court or an Order to Pay Attorney’s Fees and Costs. Additionally, if a party fails to appear in court, the family law judge may even issue a Warrant for Arrest.

Lastly, if there are allegations of spousal or child abuse or harassment, the family law judge may issue a Temporary Restraining Order or a Final Restraining Order.

In conclusion, a divorce judgement finalizes your divorce but is not the only important legal document stemming from your divorce process. Your divorce judgement also may not be the last legal document governing you and your Ex. If there are disputes over child custody agreement, properties, or support amounts, more documents may follow. Also, if the financial circumstances of either spouse changes, this may affect the divorce agreement.  Lastly, if there are allegations of abuse or harassment, there may be additional court orders following the Final Judgement of Divorce.

 

Notes:

Veronica Baxter is a blogger and legal assistant living and working in the great city of Philadelphia, USA. She frequently works with Lee Schwartz, a noted Philadelphia divorce lawyer.

Since 2012, SAS for Women has helped women face the unexpected challenges of considering divorce and navigating the divorce experience. SAS offers six FREE months of email coaching, action plans, checklists, and support strategies for you and your future. Join our tribe and stay connected.