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Woman walking on beach thinking about divorce

36 Things to Do If You Are Thinking About Divorce

If you are thinking about divorce, your thoughts can fluctuate, ranging from the mere, fleeting imaginings of what life might be like if you were single, to the repetitive, torturous thought process of “Should I or shouldn’t I divorce?” While one end of the spectrum is entirely normal for many people, the other end can signal serious problems in and for a marriage.

Based on our background in education and experience working with clients in our divorce practice, we’ve identified the following 36 things that can help you understand where you are on the spectrum of contemplating divorce and what steps you can take to gain greater clarity and stop the recurring thought process.

As you complete each step you will be doing more than merely thinking about divorce. You will begin to better understand which direction your marriage and life might go.

  1. As you first contemplate divorce, you may or may not know if you want to divorce. Accept that this is entirely normal. What you “want” may be entirely different from what you ultimately decide you “must” do. Your job right now is to study and learn what is possible for you and your family.
  2. Educate yourself. It’s likely that you feel you’ve reached an impasse in your marriage and your emotions may be all over the place. You might be incredibly angry and lashing out. Or perhaps you have retreated, feeling despondent, probably depressed. This is to be expected, but you should not be making long-term decisions from this emotional place. Start educating yourself by looking for credible divorce resources. Visit your nearby bookstore or search online. There is a wealth of information available to you for free.
  3. Understand that getting educated about the choices you have for your life does not mean you are necessarily getting divorced. You are learning about your options and what your rights are so you can ultimately make a good decision from an informed place.
  4. Establish a new (secret) email account dedicated to this subject. Take care to use a “private” or “incognito” window so that the computer does not create a history of where you’ve been when you go to log on. And take time to create a new email address. Use this email to sign up for divorce information and newsletters that might advance your thinking and understanding.
  5. Save cash. Should you decide to pursue divorce, you will need access to money. If all your money is in joint accounts with your spouse, check with a lawyer as to when you can open your own account, or start stashing cash in a safe, secret place. Maybe you’ll never need it, but if you do, you’ll be glad you started saving now.
  6. If you feel you may be a victim of abuse, take action immediately.  There are many signs and forms of abuse, and sometimes it’s difficult to know if you are a victim. A clear sign is this: If you find yourself constantly watching what you are saying and doing, or walking on eggshells around your spouse–lest you trigger him/her and “cause” a blow up, you are likely in an unhealthy and abusive relationship.  Focus your attention there.  Read more about this and take action to protect yourself and your children. You may feel you can handle it, but things will not improve unless you do something to change the way things are now.
  7. Make a list of your most critical financial questions.  If you divorce, will you have to get a job if you’ve been a stay-at-home-mom? If you have debt, do you understand half the marital debt is yours? Should you use your IRA to help pay for your divorce? Keep a running list of questions as they occur to you.
  8. Be careful in whom you confide – this includes family.  Few people can be truly objective, and fewer still are marriage or divorce experts. Yet, there are plenty of opinions and judgements. Just because your neighbor got burned by his ex, does not mean that’s what’s in store for you if you choose to divorce.
  9. Do your best to conduct your research from a healthy mindset. It’s easy to vilify and blame your spouse for the problems that exist, but deep down, you know no one is totally faultless. As you learn about the issues in your marriage and what is possible for your lives, try to avoid the adversarial, vindictive, blame-gaming, and often, gender-bashing attitudes some books, some social media posts, or some people propagate.
  10. Evaluate your biggest fears. Do you fear you cannot “afford a divorce?” Are you afraid what divorce would do to your kids and thus, staying in a marriage “for the kids”?  Writing down your fears may help you examine their validity.  You may recognize you cannot not afford a divorce because you need your sanity…or that you are really hiding behind the kids so that you don’t have to be a single parent or face being alone.
  11. Think of how your kids are being impacted now and will be impacted long term. If you are a parent, and you and your spouse are fighting, look at yourselves as your kids might view you. You may think they don’t know what’s going on, but on some level they do, and it’s anxiety inducing for them. Your lack of clarity and unresolved difficulties or the warzone you have created is playing out in their lives, too.
  12. Avoid venting on social media. Watch out for where you vent and be wary of social media. If you say something online, it’s there forever and can be used against you. Same for emails. Before posting or hitting SEND, review what you are saying as if you were a courtroom judge. Be very careful.
  13. Recognize that marriage does not come with an owner’s manual. In our culture, most of us are poorly prepared for making a marriage work. Often it is something we learn — or fail to learn — behind the marital door. At this point in your relationship, it’s not worth beating yourself up…that energy is better spent figuring out what to do about your situation today and how you will move forward tomorrow.
  14. Ask yourself, is there is any love left? Do you still love your spouse? Love is sometimes hard to find when you are consumed by anger, resentment, or are stressed out from overworking, parenting, or a million, everyday struggles. If there’s even a hint of love left, however, it’s worth asking the question, “Can we re-ignite it?”
  15. If you decide to stay in the marriage, set your intention and begin work together. Discuss with your spouse how you are going to work on your marriage so you begin to do things differently and not repeat the same old story. It’s unlikely that you will be able to do this without the support of a professional, so we suggest that you seek a trained marriage counselor.
  16. Evaluate what you have done as a couple to repair your relationship. Have you sought good quality help? Not all couples therapy is created equal. If you’re working with a therapist and you’re not making progress, it does not mean you should necessarily divorce. Investigate which types of marital therapy have the best success rates and find a trained practitioner who will teach you how to communicate with each other and help you both understand that growth and change require a deep commitment from both of you.
  17. Consider Discernment Counseling. Particularly helpful to couples where one partner wants to divorce and the other wishes to repair the relationship, discernment counseling helps couples understand if their problems are solvable. An added benefit is that the counseling is designed to be short term and to help you answer the important question, “Should we get a divorce?”
  18. Think about your role in the difficulties of the marriage and do not isolate yourself. If you are convinced that marital therapy is not working or that your spouse is not participating, or that your efforts to try to do things differently are failing, do not isolate yourself. Seek to move beyond wondering if you should divorce. Being alone darkens your sense of possibility and hope. It keeps you in a spin cycle of overthinking.
  19. Begin assembling a list of your most critical legal questions. Do you separate or do you divorce? If you were to divorce, how do you go about it? Do you know the different ways? Is Mediation an option for you? How do you find a good attorney? What are your rights? What do you not know?
  20. Read about the divorce laws in your state. Laws vary and what is possible in one state may not be possible in yours.  Most states have a section on the court website to help you understand the divorce process where you live. Start there.
  21. Consider a Time Out. Often when there’s a physical shift between a couple, it’s easier to think straight and reflect on what is really important. Consider taking a long vacation away from the other, or a house-sitting job. If you wish to live separately make sure you consult with an attorney in your state before doing anything — especially if you have children.
  22. Organize and prioritize your most critical practical questions. If you’ve never paid the bills before, how would you begin?  If you work overtime most days, who would be home for the children after school — if your spouse is no longer there? Keep a running list and add to it as you think of things.
  23. Move beyond the cyclical thought process of thinking about divorce by consulting compassionate, professional support. We recommend your first step be a consultation with a divorce coach. A divorce coach can help you understand the legal and emotional process you may be facing and the issues that are holding you back from making a decision. A good divorce coach will help you evaluate what’s real and not, and help you take steps to face your fears. A divorce coach can also explain the different legal processes that may be available to you. Learning about your choices will allow you to go deeper and be more educated if you choose to then consult with the next level of experts (lawyers, financial advisors, mediators) whose hourly rate is often more expensive.
  24. Ask your divorce coach, therapist, and friends for vetted referrals to other experts, including lawyers. You are seeking perspective and feedback on your situation, and if you think you are ready to hire someone, you are looking for chemistry and someone you can trust.
  25. Schedule consultations with several attorneys and/or a mediator.  We recommend that you interview several. Bring your legal questions from step #19, or for more information, read here for additional questions. Don’t forget your notebook for taking notes and your last 3 years’ tax returns (if possible.)
  26. Consider having your friend or divorce coach accompany you to some or all of these professional meetings. There is a lot to learn and keep track of at the same time you are feeling stressed. Having an ally to help you take notes and bounce ideas off after meetings will lessen your strain on trying to be on top of everything.
  27. Strategize about how you might pay for a divorce. Will you use joint money, a loan, a credit card, your secret stash (#5), or borrow money from a friend or relative or from a saving account or your IRA? Learn the laws about “counsel fees” in your state and ask the attorneys you are interviewing how you might pay their retainer and ongoing fees.
  28. Branch out and talk to more experts who can help you answer your other questions. Often a financial advisor experienced in divorce will think of things a lawyer will not mention. S/he can possibly help you strategize how you might pay for a divorce or what might be in your interest to ask for in the settlement. A child therapist who has counseled other parents through divorce may do much to help you support your child. A real estate broker might advise you on your practical housing questions, such as the pros and cons of renting vs. buying if you divorce, or what your house might be appraised for. When a question comes to mind, think about who is out there and who might have the answer for you.
  29. Understand there will come a tipping point and you will make a decision about divorce. Despite your best efforts to get educated beyond just thinking about divorce, rarely will you know 100 percent if you should or should not follow through. Usually there remains some portion of ambivalence, but know that at some moment in time, you will reach a saturation point of information and either you’ll be ready to make the decision to stay or go — or the decision will be forced upon you.
  30. You are not ready for divorce If you cannot accept changes. If you cannot accept there will be a change to your finances, lifestyle, friendship groups, or traditions, you are not ready for divorce. If you cannot accept uncertainty … that at times there will be fear and unknowns, then you are not ready for divorce. On the other hand, you may have no choice. In which case, you must face your greatest fears. Seek support.
  31. If you decide to move ahead with the divorce, set your intention. Determine how you want to conduct yourself throughout this difficult passage and beyond. Remind yourself you will have no control over your spouse, but you will try your best to control how you act and react. If you have children, ask yourself what is the model you want to show them? Write down the image of yourself as the parent you want to be. Establishing a clear image of who you want to be and what you want to demonstrate for your kids will help you in this next often-difficult stage.
  32. Understand that you want to avoid divorce court if you can help it. Rarely is anyone completely happy with the terms of his/her divorce, but to avoid getting a judge involved, you will have to be flexible, negotiate in good faith, and compromise on tough issues. Being stubborn or vindictive is what drives people to litigation. That means court. (The truth is that less than 10% of cases end up in a full blown trial; but those that do, end up with massive legal bills and a destroyed relationship.)
  33. Start collecting your financial information.  If you choose to begin divorce proceedings, you will be required to disclose your finances early in the process. Most states have a required financial statement form (though different states have different names for it — check your state court website). Begin filling it out or hunting down the information to get a head start.
  34. Learn what your next steps are and what the process will look like. A divorce coach will act as your guide throughout the process, but if you are not working with one (or cannot afford one at this time) consider a good divorce support group that is professionally facilitated and where you will learn from the experiences of other women.  Read this article to learn meaningful criteria for a good divorce support group, and find one on-line or near you. Feeling supported and heard, will lessen your anxiety and stress.
  35. Be kind to yourself. Understand that there will be times you feel crazy, like you’ve returned to your old loop of contemplating divorce and wondering if you are doing the right thing. But because you followed many of these steps, you are not embarking on this path lightly. You have taken every opportunity to be thoughtful about facing this major life-change, divorce, and though you many not desire this outcome, you have done your homework.
  36. Know that there is life after divorce. What stands directly in front of you is moving through the divorce process and ensuring your divorce recovery. It will be challenging. But for you and your family to stand the best shot at a healthy life afterwards, you must continue to step forward mindfully and with intention. There is life after divorce. You probably cannot see it yet. You certainly cannot feel it. But it’s there, bigger and better than you can imagine, waiting for you.

Whether you are considering a divorce or already navigating the confusing experience, one thing we see making a significant difference for women is the conscious choice to not do divorce 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.

SAS offers women 6, FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future. “A successful divorce requires smart steps, taken one at a time.” – SAS for Women 

Woman contemplating getting divorce

10 Critical Things I Wish I’d Known Before Getting Divorced

When you go through a catastrophe like a life-crisis alone, the ground shakes. You lose your bearings as the tectonic plates of your routine and What’s Always Been crack and shift. As you struggle to gain footing, you realize you don’t know what else is coming, what else you’ll be faced with.

You simply don’t know what else you don’t know.

Getting divorced is like that, one full-blown life crisis where your “normal” breaks and collides with splintering parts—not only with what’s happening outside you with your partner, family, friends and work—but inside too, with your mind, body, and heart in spiraling conflict. Sometimes it seems like stress alone is the only rope keeping these disparate pieces together—stress is the one constant as you try with all your might to get through and beyond.

But once things begin to settle and you start to emerge from the heat and protracted legal process, and you arrive on the other side, starting to live on your own, you often find yourself looking back, instead of forward. For time gives you a chance to search for reasons now, lessons that explain how you got here, and what’s more, what’s good about this new place, if anything.

Sometimes you’ll wish, “Ah, if only I’d known this before while going through my divorce.”

Hard-won lessons, below are a few that resonate with me, a divorced woman and divorce coach. Between my personal story and professional experiences hearing from other women, I’ve learned of many such epiphanies, Eureka moments that only reveal themselves farther down the divorce road. So, for those of you struggling — thinking about or navigating divorce — I share a few as a way of giving you perspective on what else you don’t know and can’t know based on your today.

Here are 10 essential lessons WE divorced women want you to know … not after the fact … but right now!

1. Eventually “New Rules” will rule

When you live one way for a long period of time—as in a marriage—you forget there are other ways of living. It’s a feeling not unlike traveling to a new country or immersing yourself in a foreign culture—you don’t realize how trapped you’ve become by familiar patterns and behaviors, things you can do and things you cannot, until you’ve stepped off the plane. As I stepped out of a former life, I discovered I’d be letting go of an entire worldview that, consciously or not, had been dictated by my Ex. That worldview (even my rebellion to or acceptance of it) had dominated my life. Until it didn’t.

After getting divorced, I could begin again. I could create and make something else, a world ruled by my values. A place of peace, laughter, and the occasional shrimp cocktail (my Ex was allergic to shell fish). A place where I wanted to live. A place that genuinely existed. A place where there were New Rules.

2 . Don’t strictly rely on a lawyer

Diversify your insights. Get feedback from various strategic people as you go through your divorce. It’s too easy to get caught up in your own emotions and to keep telling your story the way you always have. The story can become like cinder blocks tied to your feet, dragging you down and preventing you from moving forward. Make sure you speak to multiple someones—who can help you understand the process (the legal, the financial, AND the emotional journey)—so you protect and take care of yourself. People who understand divorce can make the burden you’re carrying feel lighter and make you feel less alone. They can help you see what you are unable to see, or even know what to look for.

Even more importantly, take steps to do this in the healthiest possible way so you and your family will heal. This means knowing whom it’s okay to unload on and how much they can realistically handle before you overstep. Your friends, family members, and colleagues might be great shoulders to lean on, yes, but they are not therapists or divorce coaches. As well-intentioned as they may be, they often give you advice based on their own or someone else’s story. Not yours.

3. You will lose

I thought I’d be losing a mate as a result of getting divorced. I had no idea I’d be losing so much more—friends, people who I thought were friends, extended family members, and acquaintances who stopped “seeing” me. Beyond people, I’d also lose a way of living. A lifestyle. I’d lose a way of being.

I also discovered the flip side. This long list of loss would usher in a cleansing. And in the wake of loss, there opened up a new space for all the incoming positive people and things my soul genuinely desired and especially needed.

4. It’s how you leave your marriage that will hurt your kids the most

Even if you have a history of high emotions and conflict in the house, understand it’s all about how you and your husband* behave now that will impact your kids the most. This is the reason to try to keep it civil, or restore civility and respect, as you struggle through divorce and do everything possible to recover from it.

You’ll want to learn about “good coparenting,” best suggestions and tools for boundaries, all directed to keep you and your children (and your soon-to-be Ex) sane and healthy. The fact is that if you are a mother, the father of your children will never entirely disappear. (So, you’ll edit that “loss” from your list above.) Chances are, your Ex will always be in your life to some extent. How you reframe this relationship is key for your children and their divorce recovery.

5. Now’s the time to learn about your financials

In particular, you want to find out what you own and what you owe—but don’t let NOT knowing these answers keep you from getting divorced. You can still find out or identify the people who can help you read statements and documents so you understand what you have and what your choices in life really are. Get fully informed before you start making decisions. And commit to the idea that once you are independent you will begin learning more about protecting and growing your money.

6. Figure out ways to generate income for yourself

Some women leave their marriages with full-time careers while others find themselves reentering the workforce or fearing that they will have to. If you find yourself lumped into the latter groups, step one is to stop telling yourself you are unemployable because it’s simply not true.

There are too many jobs out there to count, and every one of them requires something different of each of us. Take baby steps, if need be, but volunteer, hire a job coach, learn about iRelaunch, go back to school, start your own freelance business with a partner. Make a plan to support yourself and, in turn, seek the support you need to make it happen.

7. You can’t figure everything out in advance of getting divorced

Nor do you need to have everything figured out to move forward. It is a blessing to have search engines like Google in our lives, but it’s also a curse. Google makes us believe we can solve everything if only we research it well enough, if only we type in the magic keywords!

Phooey—at some point you have to get specific feedback about your personal circumstances from experts who deal with divorce and not just whatever articles, Facebook groups, and mind-numbing blog posts and forums you stumble across.

I get it—you’re scrappy. You can teach yourself nearly anything. But you are not a divorce attorney and you can’t become one fast enough.

8. What’s waiting for you is probably bigger and better than anything you can imagine right now

I can’t tell you what’s in store for you after getting divorced, and even if I could, women like me living on the other side of divorce know our words could never do it justice. What we can say is that when women like you face your fears and move through them, you are capable of nearly anything! We know women who after getting divorced recreated careers based on buried dreams, and women who have found happiness in their new freedom and sense of peace. We’ve met women who were scared to death about being alone only to find their figurative dance cards full and that their friends, some of them long lost, were waiting with open arms.

Remember why ending your marriage happened. And know that your future is better than you can even think possible. Trust us.

9. You must learn what being “healed” from divorce will look like

There will come a time when you must evaluate the role you played in getting divorced so you can truly heal yourself and stop blaming your Ex for everything that went wrong and for the hellish journey you’ve been through. The earlier on in your divorce that you confront this the better—it’s a necessary step for moving forward, for growing. It’s what true healing looks like.

10. You can let it go now

That Little Voice in your head? The one keeping you in a dark corner, feeling especially stupid and unloved? You can let it go. Because you’ll discover that divorce has a way of breaking you open, and as you watch all your messy insides spill out, you’ll eventually get to choose which parts of yourself you’ll keep and which you’ll toss into the heap. Your shame? Your guilt? Your regrets? Let it all go. None of it has ever served you anyway, except for now, as a marker symbolizing your critical turning point.

Going forward, take heart and practice intention. We know you don’t want to just divorce your husband—you want to end your marriage in the healthiest way. But that takes more than simply wanting something. It takes preparation and action. This is your life. This is your children’s future. Get a map, yes, but then take the wheel and steer.

 

Change the course of your life — AFTER DIVORCE — this October. Spots go quickly

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We promise — whether you join us for Paloma or not  — you’ll walk away from your complimentary coaching-session discovering a next step in your unique After Divorce journey. 

“We choose not to do it alone.” ~ Sas for Women

 

*At SAS for Women, we respect same-sex marriages, however, for the sake of simplicity in this article we refer to your spouse as a male.

A woman walking through nature thinking about the signs of divorce

The Signs of Divorce and How to Spot Them

Divorce can sometimes feel like it comes out of the blue—one day you are “happily married,” and the next, your spouse is asking you to sign on the dotted line. The world you’ve built together seems like it’s falling apart. Other times, there are clear signs of divorce, ones that you may have noticed and ones that you may be ignoring.

One of the biggest signs of divorce might just be that you’re here, reading this post. Deciding whether or not to divorce your husband* may be something that’s been weighing on your mind for quite some time. We get it. Before divorce, it feels like a giant leap to take, and it’s only after that you realize what you were always capable of—that you’re stronger than you realize.

Right now you might be in need of a friend who can make sense of all the competing emotions and choices at war inside you. We’re happy to be that person for you. The following six signs of divorce are good indicators that your marriage and your relationship with your husband are not in the healthiest place. If these feel familiar, it might be time to take a step back and reevaluate your marriage and to learn what else is possible.

1. The fighting has stopped

Yes, on the surface, the end of arguing might seem like a good thing—no fighting means you and your husband are on the same page, right? Not exactly. Whether you’re fighting over big things like how to manage finances or small things like which brand of toothpaste to buy, if the arguments have stopped without actually being resolved, it can be a sign that one of you has simply given up.

Having disagreements, expressing opposing or conflicting opinions, and then working them out means that you and your husband are invested in creating a lasting future together. Once your investment in your marriage stops, the possibility of divorce becomes more and more likely.

2. You’re arguing way more than usual

Yes, there is such a thing as fighting too little and fighting too much. Conflicts happen, but as adults, we must learn how to work through disagreements in a healthy way. If small arguments have suddenly become huge battles within your household, arguments that end with no resolution and tension that lingers in the air like a bad taste in your mouth, something has fundamentally changed between you and your husband—and not in a good way.

Once a relationship becomes so antagonistic that arguments simply never end, divorce is one way to find peace once again and escape from an unhealthy or potentially abusive situation.

3. Your finances are in a bad place

Marriage is hard, and money problems make marriage even more difficult. If one or both of you are having issues at work and your income isn’t what it used to be, that extra pressure can compound the problems in your marriage. You and your husband might not be on the brink of bankruptcy, but maybe you two have fundamentally different ideas on how a person budgets and spends money. You, for instance, might want savings safely tucked away in case of an emergency while he might prefer to spend any extra money he has on the latest gadget.

For whatever reason, you two are in a bad place financially, and you aren’t seeing eye to eye. We might not like it, but money is key to our survival and one of the biggest sources of stress in a marriage. This is one of those situations that isn’t likely to change without some serious communication and work on both of your parts, and if both of you aren’t willing to budge? It might be time to talk about divorce.

4. You don’t feel connected to your husband anymore

Fridays used to be date nights, but now things have changed. You can’t really remember the last time you two had a good talk, or the last time you’ve gone out and truly enjoyed each other’s company. At the dinner table, it sometimes feels like you’re sitting across from a roommate or, worse, a stranger who just happens to share the same space.

If it’s been a while since you and your husband have invested time in each other, then you’re not maintaining an emotionally intimate connection, and you can lose that spark you once had. This is called emotional disengagement, where one or both parties in a marriage have stopped investing in maintaining emotional intimacy. Once you and your husband no longer feel like a couple, divorce starts to make more and more sense. It feels like an inevitability and the only way to find someone else you do have an emotional connection with.

5. There’s a lack of physical intimacy in your marriage

Yes, sex matters. Especially in marriage. Emotional intimacy is important, and one reflection of strong emotional intimacy within a marriage manifests itself as a strong physical connection between two partners. If you can’t remember the last time you and your husband were intimate, and there’s a clear change in how often you sleep together, you might have something to worry about.

Sometimes the source of the change is obvious—it’s medical, for instance, or there are young children at home, problems at work, or another source of stress. But combined with other factors in your relationship, a lack of physical intimacy becomes a worrisome sign that divorce may be on the horizon.

6. Your or your husband’s focus is outside the relationship

You two are no longer working on building something together, but instead, you find yourself more invested in things outside of your marriage, such as a club, the gym, or a large project at work. Maybe your husband has been spending a lot of late nights at the office, or he spends most weekends working on his golf swing with friends. You find yourself spending more and more time alone. Marriage can get boring, just like anything, and sometimes instead of looking inward and finding interests to share, grow, or explore with a partner, we turn to people in our lives who we’re already engaged with (or who we’d like to be).

When you and your husband have stopped making time for each other, it’s a sign that something’s wrong in your marriage that neither of you are willing to look at head on and address. Without working together to form a solid marriage, you two are actively growing emotionally apart and that can lead you down the road to divorce.

If you recognize one or more of these signs of divorce in your own marriage, it might be time to think about the future—your future, specifically. Do you see your husband in that future? Do these challenges in your marriage feel like things the two of you can overcome together?

If you want to salvage your marriage and you think that it’s not too late, talking to your husband about going to counseling is one option. And if so, we recommend this kind of marital support. You can also reach out to a divorce coach to fully understand all of the options in front of you, no matter which path you take (even if you decide not to get a divorce).

The truth is that even if you want to salvage your marriage, once you start seeing the signs of divorce, things might already be too far along for you and your husband to work together to solve the problems in your marriage. Knowing your options is the best way to protect yourself, your children, and your husband in case divorce is inevitable. Together, you can work on what you must navigate near term, and what your post-divorce future will look like so you can start down the path to your divorce recovery. It might be even better than you expect.

Since 2012, smart women around the world have chosen SAS for Women to support them through the emotional, financial, and oft times complicated experience of divorce. SAS offers women 6 FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future.

“When a woman comes through divorce with the proper guidance and her questions answered, her life stands before her like something she could never imagine while she was is in the dark.” ~ SAS for Women

This article was authored for the all-women website SAS for Women by Melanie Figueroa, a writer and content editor who loves discussing women’s issues and creativity. 

 

*At SAS for Women, we respect same-sex marriages, however, for the sake of simplicity in this article we refer to your spouse as a male.

Parenting while divorcing with children

Divorcing with Children: A Step by Step Process

Divorcing with children means having to deal with the consequences of ending your marriage as well as ensuring the wellbeing of your kids. During this time, your life might start to feel like one long game of whack-a-mole, each item on your to-do list and each problem you have to solve popping its head above ground just long enough for it to be a nuisance.

Many moms simply don’t know how to make things right when their family has changed so irrevocably. And can you blame them? They are changing too.

When it comes to your children, however, it’s important to stay aware of the fact that they need structure and support to be both emotionally and physically healthy. Seventy-two percent of divorces occur within the first fourteen years of marriage. Put in context, these numbers mean that young children are often affected by divorce the most.

And yet, divorcing with children is never easy for parents or children, no matter their age.

While you struggle to pick up the pieces and move forward as you rebuild your life, you’ll also have to be there every step of the way supporting and encouraging your kids. Your adult children will certainly manifest their own reactions (just like younger children), but you are no longer responsible for their day-to-day survival in this world.

Is their such a thing as a good divorce? The general answer is not really. Sure, there are divorces you are grateful for and divorces you wish you’d had sooner—but divorce is rarely a decision you come to without careful consideration and a little heartbreak. Still, there are things you can do to make the transition easier for yourself, your soon-to-be Ex, and your kids. Here are some of the most important steps to take when you are divorcing with children.

Handle reactions in a healthy way

Prepare for your children to have an avalanche of angry and sad reactions to your divorce. These are inevitable regardless of how old your children are or the reasons for your divorce. As a parent, you have to make sure these reactions are handled in a loving, healthy way.

Acknowledge the emotional responses they are having. Denying the fact that they’re hurt or angry will only make matters worse. Reassure your children that it’s perfectly okay to feel upset, betrayed, sad, or lonely. Help them let these emotions out so that the healing can begin.

It’s best to have the conversation (and we do mean the conversation—you should figure out how to break the news of your divorce to your children before you sit down with them) as a family and to get your soon-to-be Ex involved early on. Regardless of the status of your relationship, assure your children that they’re still and will always be loved. Ask questions, like “is there anything we can do to make you feel better?” They might ignore you at first, but eventually they may feel like opening up and start talking about their needs.

Answer the important questions

Once the dust has settled and you’ve addressed your children’s immediate reaction to your divorce in a healthy and safe environment, the real questions will start.

We all know that children can be brutally honest. That’s why you need to prepare your answers for some of the most candid and difficult questions you’re going to face.

Some of the questions your children are likely to have during your divorce include:

  • Who am I going to live with?
  • Will I still get to see my mom or dad?
  • Where will I spend the holidays?
  • Where will I go to school?
  • Will I still get to see grandma and grandpa?
  • Does mom or dad still love me?
  • Will we have to move, and will I see my friends again?

Chances are that you don’t have all the answers to those questions yet. Honesty is still the best policy in these situations. Tell your children that you don’t know quite yet, but that you’re working hard on a plan that ensures everyone’s happiness moving forward. You can also give your children books on divorce to help normalize the situation.

Build a strong support network

Like I said, having a “good” divorce isn’t always easy or even possible. After all, you cannot control other people—your children and your soon-to-be Ex or the way they handle negative emotions.

The only thing you own and can control is your behavior.

You should work toward building a strong support network when divorcing with children. You know your kids will need all the comfort they can get during and in the aftermath of your divorce (even if it happens to be a civil and good one).

Loving, extended family members can be a tremendous resource, both for you and your kids. During a divorce, you might be pressed for time, dealing with appointments and work and meetings with your lawyer while still managing all the mundane everyday things that need to happen for you life to keep running smoothly. Aunts, uncles, and grandparents can deliver a lot of practical caregiving assistance or help with the daily logistics of it all.

The warm and familiar presence of a family member is comforting and reassuring when everything else in your children’s lives seems to be changing rapidly.

Think about the practical aspects of divorce

Healing emotionally is obviously important (especially when divorcing with children) but so is ensuring the best future for your kids. You will have to face the fact that divorce means having a series of difficult conversation with your Ex—accept it and move forward.

Those conversations will have to focus on things like custody, child support, and spousal maintenance. Sorting these issues out of court will be the most painless way to determine what’s best for everyone involved and move on faster. Occasionally, though, a peaceful agreement just isn’t going to be possible.

You know your Ex well, and you know what reaction to anticipate from him*. It’s highly recommended you speak to a divorce attorney before approaching potential challenging issues you foresee coming up. Knowing what your options are will give you a bit of leverage during the negotiations, and an attorney can educate you on what you don’t know. Do not commit to custody or parenting plans without this legal knowledge.

Remember that you’re not always on mom duty

When divorcing with children, creating and activating your support network will give you the much-needed chance to fall apart and grieve while you step away from parenting. Remember the fact that you’re a human being and that your marriage just ended.

A grieving process is necessary, and it’s healthy. Understanding what grief is and allowing it to wash over you for as long as it takes will actually help you close this chapter of your life and move on to the next one.

Can you fall apart during and after divorce? Absolutely! And you should, of course, when the time is right.

There will be days when you’ll feel like staying in bed and not even brushing your teeth. If grandma and grandpa could help with dropping the kids off at school during such moments, you’ll get the opportunity you need to feel what you must—to be angry, overwhelmed, lost, sad, betrayed, or abandoned. (Possibly all at the same time.) Let those emotions out. They need to come out in order for you to metabolize what you’ve been through.

Don’t be afraid to look vulnerable in front of friends or your parents. No one is expecting you to be strong and tough during your divorce (except maybe your kids). If you give yourself an opportunity to mourn what you must—maybe what you’re mourning isn’t even him, really, so much as it is the fantasy that kept you hoping your marriage would turn around—you’ll be better positioned to reclaim yourself and who you want to be as you move forward with your life. You’ll be a better mom if you understand your healing process.

There is no doubt a divorce makes you face your fears. It delivers challenges and changes you never thought would cross your path. At times it will feel like you have to learn fast and have all the answers to every crucial decision. Empower yourself to slow down and seek the information you need to learn about your choices BEFORE making any decisions.

Get informed. Knowing what your options are before you decide anything will allow you to make healthier choices and create a plan. This will anchor you as you endeavor to be honest with your children. Keep the lines of communication open with them and your husband or Ex (if possible). While the divorce process is painful, the way you go about it will determine your and your children’s emotional outcome.

Since 2012, smart women around the world have chosen SAS for Women to support them through the emotional, financial, and oft times complicated experience of divorce. SAS offers women 6 FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future.

“When a woman comes through divorce with the proper guidance and her questions answered, her life stands before her like something she could never imagine while she was is in the dark.” ~ SAS for Women

Elizabeth S. Coyle is the current Director of Client Services for JacksonWhite Attorneys at Law based in Mesa, Arizona. She serves as a paralegal for the Family Law Department of the firm.

Save your marriage

7 Last-Ditch Efforts to Save Your Marriage When Divorce Appears on the Horizon

A healthy marriage takes work. There’s no questioning that. It requires balancing schedules, maintaining a home, and dividing and conquering whatever life throws your way. And when you add kids into the mix, dealing with all of that can become a full-time job. Maintaining your marriage can quickly slip into a need to save your marriage. Or at least, it feels quick. Like most things in life, we see most of the signs only in hindsight.

Even though a marriage takes work, when it feels like that’s all you ever do, it can start to feel like there is no hope for the two of you—and living in that place is another sort of scary. Surrendering to those feelings and giving up on your marriage may seem like the right thing to do. And in the end, it may be. But one last-ditch effort is almost always worth it.

After all, once you let go of the resentment and make room for true healing, there may still be a spark there. Will you regret exploring some ways to turn that spark into a flame? It’s pretty doubtful. Trying to save your marriage is well worth your time and energy.

Here are 7 common last-ditch efforts to save your marriage when divorce appears to be on the horizon.

1. Slow down

Stop talking about divorce, and focus on saving your marriage. In fact, go even further and try your best to stop thinking about divorce too. It’s like that saying about having your feet in two boats—you’re bound to fall into deep waters.

When things get bad in a marriage, couples tend to jump straight to talk about divorce. When your mindset is changed and you’re focused on how to save your marriage, your attention shifts to fixing the source of your problems instead of simply walking away from them.

2. Go to counseling

If you haven’t tried counseling, it’s worth giving it a go. The key is to find a counselor who both you and your husband* feel comfortable with. Otherwise, your sessions will feel one-sided.

Another crucial thing to remember about counseling is that you just don’t go to the sessions and leave with all of your problems solved. Counseling gives you the tools you need to work on your marriage outside of each session. You need to go into it with that understanding. If the two of you have been doing well with counseling, that’s a great sign that you can overcome whatever it is that you’re dealing with, but those results must eventually extend to your everyday life.

3. Acknowledge your partner’s dreams

A lot of marriages fall apart because one person feels like they are constantly making sacrifices. Find out what your husband really wants to achieve in life and help him go after it, or if it’s you who’s feeling this way, find a way to voice your wants and needs.

Whether it’s dreams of being a painter or building handmade furniture, help each other carve out some time and chase that dream. The alternative is a lot of anger and resentment. Make sure that’s not the case in your marriage. And if you find that you’re already there, work toward balancing the load.

4. A romantic getaway

Sometimes all you need is a romantic trip to reignite the flame in your marriage. It may seem like a quick fix, but the truth is that a change of perspective really can work wonders. That’s not to say that one trip can save your marriage, of course, but the time away from “the real world” can make problems that seemed too big to conquer less daunting. It can remind you that there are other ways to live, and it may not be your marriage that isn’t serving you.

5. Say anything session

A “say anything” session might be a great way to get all your cards out on the table. Simply set the ground rules—what you say at this session stays at this session. You must talk it through during the meeting and resolve it. After that, it all becomes water under the bridge.

Another important thing about say anything sessions—though you likely guessed this already—is that you can say whatever you want. You don’t have to hold back. While it’s good to be able to say what you’re thinking, be prepared to listen too. Really listening is vital because the end goal is to make changes that will benefit both of you.

Ideally, you will both learn to communicatively more effectively over time and no longer need these sessions, but in the meantime, they can help open up a dialogue between you and your husband.

6. Change the victim mindset

A lot of divorces occur because one partner continually feels like the victim of the other partner’s choices. Your husband has a gambling problem, for instance, or they’re addicted to video games. Or maybe you shop too much. One partner has chosen a career that’s led to financial setbacks or that takes too much time away from your relationship. (Money is typically a common reason for divorce and relationship problems in general.) Someone’s mother is around a lot or her say pulls too much weight in decisions.

Whatever it is, one important thing to remember in any relationship is that you are responsible for your own emotions. No one can make you feel a particular way. Your perspective is yours. And you can choose the way you frame your particular challenges in your mind and how you choose to tackle them, together.

7. A short break

Sometimes taking a week or so to sort through your feelings can be another excellent way to put things into perspective. But before you take a break, make sure you establish a realistic time frame. It’s not a separation—it’s just a short break, so it should only be a few days. And it should, ideally, end with some sort of epiphany. The goal is to take some time and sort through your feelings. It’s not about taking a vacation.

Marriage is hard work. But if you make the commitment, it’s because you loved your husband enough to spend the rest of your life with him. That also has to mean it’s worth your time and energy to explore ways to save your marriage and make it last.

Of course, if you find that you still can’t stop thinking about getting a divorced, maybe you really are overthinking leaving your husband and beyond saving your marriage. If that sounds like you, consider working with a divorce coach to help you make the decision that’s right for you and your family. Counseling, romantic getaways—sometime none of it is enough in the end, and we need to be around women who’ve been here, in this in-between place, before us to know which path to take on the journey ahead.

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

SAS offers women 6 FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future. “A successful divorce requires smart steps, taken one at a time.” – SAS for Women 

*At SAS for Women, we respect same-sex marriages, however, for the sake of simplicity in this article we refer to your spouse as a male.

A woman thinking about asking for financial help with a divorce

How a Certified Divorce Financial Analyst Can Help with a Divorce

Dividing a house, retirement accounts, alimony, child support—all the financial issues that come up in a divorce can leave your head spinning. The process of going through a divorce is incredibly stressful, regardless, but if you’re not comfortable talking about money, facing the topic of splitting up your finances can be downright miserable. You may be wondering how to plan for your financial life after the divorce, how to divide your assets, who gets the primary residence, and how to negotiate spousal support. Having a financial professional on your team to help with a divorce can reduce your stress while allowing you to achieve the best possible financial outcome.

Getting financial help with a divorce is critical as studies have shown that women experience disproportionate losses in income as a result of divorce, increasing their risk of poverty.

When facing a divorce, a person’s first instinct is often to get an attorney involved. While there’s no substitute for sound legal advice, many of the decisions made in a divorce are financial in nature. Having support from someone well-versed in divorce financial planning and analysis (such as a Certified Divorce Financial Analyst) can save you a lot of frustration—it can also save you money on legal fees.

What is a Certified Divorce Financial Analyst?

A Certified Divorce Financial Analyst (CDFA) has extensive training in the financial issues of divorce. The credential is awarded by the Institute for Divorce Financial Analysts and requires extensive work experience and education. These professionals are trained to help you navigate any and all money issues that come up before, during, and after divorce. A CDFA can serve as a financial advocate for just you or as a neutral person who works with both you and your Ex. However, it’s important to remember a CDFA is a financial professional who can’t replace sound legal advice.

What does a Certified Divorce Financial Analyst do?

A CDFA is responsible for looking at your finances, considering the best way to divide assets, and helping you determine the short- and long-term implications of your divorce settlement. By doing so, a CDFA can help alleviate the fear of the unknown. She’ll prepare a financial plan for you based on various scenarios. Having that plan in place will offer you a great sense of confidence (or a reality check, if needed) as you face your financial future.

While every situation is different, the responsibilities of your CDFA may include some or all of the following.

Division of assets

The division of assets during a divorce is more than just a simple split down the middle. Many times, there’s no easy way to split an asset that both you and your Ex want. Your home, furniture, vehicles, among others, come with memories and security that neither of you may want to let go of.

In addition to those physical assets you have, there are financial assets that need to be divided, such as bank accounts, retirement accounts, and life insurance policies. Pensions are commonly the largest asset dealt with in a divorce. Any and all of the pension earned during the marriage is considered marital property and is considered divisible as part of the divorce settlement either by dividing the pension itself or offsetting the value with other assets.

A CDFA will sort out all the details and help you and your Ex determine the best ways to maximize your assets while minimizing the tax impact of your division.

Marital property

If you live in an equitable division state (41 of 50 states are), a couples’ marital assets (those accumulated during the marriage) will need to be divided equitably or fairly. In community property states, marital property is split 50/50. A CDFA can support you and your attorney by determining which items are marital assets and which ones are separate.


If you are wondering about your home and who gets it, you’ll want to read Should You Keep the House During the Divorce?


For example, any money contributed to a 401(k) during the marriage is considered marital property. However, if the account was started before the marriage, a portion of the account may be regarded as separate. The actual definition of what is considered separate property varies somewhat from state to state. Money and things you had before your marriage, gifts you’ve received over the years, and more can complicate an already stressful situation if you don’t have someone to help with a divorce and provide clear guidance on these issues.

Alimony (aka Spousal Support/Spousal Maintenance)

If your Ex provided the primary income, suddenly concerns of how to pay for the house, cover your bills, or whether you’ll have to get another job are at the forefront of your mind. While some states do provide a calculator to determine alimony that will be awarded to the lower income spouse, many do not. In fact, in many states, the issue of alimony is pretty gray.

Some of the factors that contribute to spousal support (depending on the state) include:

  • Your income
  • Health (emotional, physical, and mental)
  • Retirement benefits
  • Length of marriage
  • Childcare status
  • Education
  • Assets and liabilities

When you have a CDFA on your team to help with a divorce, she can do the calculations and give you confidence with projections for how much spousal support is needed compared to how much is available to be paid.

Tax implications of the divorce settlement

Any change in income or accumulation of significant assets can have tax implications as well. In the case of divorce, that’s definitely true. Going from two incomes to one, eliminating an income, or taking on the primary residence all have tax implications. A CDFA will walk you through those challenges so that there’s no guesswork when it comes to that first tax season on your own.

Additional tasks

Additionally, your CDFA will help with a divorce by providing analysis of the settlement, identifying if any information has not been disclosed, and pointing out areas of financial risk in the agreement. A CDFA can also guide you to make decisions that will help your credit score and not hurt it. By hiring a CDFA, you know that your entire financial situation has been evaluated, and you’ll walk away with a clear picture of what your financial future holds.

How is a CDFA paid?

In terms of cost, the fees for CDFA vary widely. Some offer services on an hourly basis, while others offer flat-fee packages. Hourly rates generally range from $150 to $500 per hour depending on the CDFA’s level of experience and the region of the country they work in. Flat fees are typically based on the financial complexity of the case and the extent of the work involved.

To find a CDFA near you, visit the Institute for Divorce Financial Analysts (IDFA) website. At the top of the screen, you’ll see a link to “Find a CDFA.” You can then search either by name or by zip code. Many CDFAs also offer virtual services if there is not one in your area.

Your Certified Divorce Analyst can make financial decisions easier

While CDFA professionals can help with a divorce at any point in the process, choosing to work with a CDFA before deciding how you will proceed makes good financial sense. Not only will it save you both time and money throughout the divorce process, but your CDFA will help you and your soon-to-be Ex work out a divorce settlement that is amicable and fair for both of you. Additionally, she will make the process easier to deal with so that you can focus on the things that matter most to you, whether that’s your kids, your family, or your well-being.

 

Leah Hadley is an experienced mediator, Accredited Financial Counselor, Certified Divorce Financial Analyst, and a Master Analyst in Financial Forensics. After going through her own divorce after ten years of marriage, her goal is to ease the stress of divorce by making the process as painless as possible for couples and individuals alike. When she’s not working, Leah loves spending time with her family, taking her kids on road trips, and volunteering with various organizations like the PTA, NAWBO and Girl Scouts. You can find out more about Leah and her services by visiting her website, Great Lakes Divorce Financial Services.

 

divorce process

The Divorce Process: What You Must Know as a Woman

We work with smart women, and because you’re here, we know you’re one of us. During the divorce process, we also know that sometimes, smart women believe they can outthink their pain, outlogic it. If their pain were a landmark on a map, a deep river splitting the ground in two, they’d lose whole days planning a route around it. But with divorce, the river is never ending, and the only way to get around it is to jump in and swim through.

If you’ve gone through a particularly bad breakup before, it’s easy to underestimate just how difficult the divorce process can be. It’s not just the emotional upheaval it brings to your life—for you may “get over” being married quickly. You may even move on to other romantic partners or physically reside in different homes, but none of this changes the fact that your union, your relationship, is legally recognized, something that may differ from relationships in your past. Your marriage isn’t truly over until the courts say it is.

These two sides to the divorce process, the emotional and the legal, require different things of you.

You’re on a journey, but this journey may sometimes feel like it’s pulling you in different directions, asking you at times to bury your emotions and focus on the practical and then demanding that you confront your demons so you can exorcise them.

Knowing when, where, and how to handle the myriad pieces of this divorce process is half the battle. Below is the easy-to-digest breakdown of the divorce process. As you read about and, even, journey through, keep in mind you don’t have to have all the answers—only some of them. Divorce professionals, the right kind of friends, constructive support groups, and family can help you get through the rest.

Decide what you really want

And that word really is important. We’re not talking about figuring out what you used to want. Or what you kind of want. Or even what you think other people want you to want.

We’re asking what you really want. Getting that honest with yourself can be absolutely terrifying because acting on whatever your truth is might mean tearing your world apart and putting it back together.

If you want a career that your husband doesn’t support, then for you each to be happy, you may have to leave him. If you want a lifestyle your husband doesn’t buy into, then you might have to leave him. If you want a marriage built on open communication but, instead, your husband would rather close parts of himself off and keep secrets, then you might have to leave him. If you want to be happy and your husband thinks “happiness” is a different thing than you, then you might have to leave him. No matter what problems you are having in your marriage, everything hinges on that question of what you might have to do and the fear that’s keeping you from doing it.

Sometimes deciding what you really want means making it a point to get in touch with friends or family members who know you best, who will be honest with you and who, in turn, you can open up to. Other times it means getting still and quiet, digging down into the depths of yourself and taking a look at what you find there.

Of course, there will be pain as you “go there.” But chances are there’s already been a lot of pain, which is what brings you to reading this page.

Get the support you need before you act

We recommend a woman get fully informed on her choices in life before she makes any big decisions, including telling her husband she wants a divorce. And that the best first stop for that, strategically and economically, is with a seasoned divorce coach—a “thinking partner” who can you help you understand both your emotional and legal journey, what your choices truly are, and what good decision-making looks like.

A coach will bring down your stress levels by helping you understand what questions you must answer first and which ones can wait, or what type of divorce (traditional, mediated, collaborative, or DIY) is right for you. And if you’re not sure about getting a divorce—if you’re just wondering what “normal” even means in a marriage—a coach can help you with that too. (That’s right, meeting with a divorce coach does not mean you are necessarily divorcing.) A coach will also be able to make good referrals, like the best lawyer for your circumstances or the name of a well-respected mediator to interview.

Depending on the circumstances of your marriage, you may have the impulse to punish your husband throughout the divorce process in any way you can. Maybe I’ll blindside him, you’ll think to yourself. I’d love to see the look on his face when he’s served with papers. But doing this starts the divorce process off with nothing but charged emotions, ill will, and resentment—and that’s a bad recipe for both your own recovery and any relationship you and your Ex might have in the future. To say nothing about what it could do to the kids. A divorce coach will help you understand what to do with your anger or sense of betrayal, so you don’t lead from a reactive emotional place that often leads to worse, spiraling lawyer costs and wasted energies.

Consult with a divorce lawyer

A divorce lawyer isn’t just going to file paperwork for you and represent you in court—a good one will also help you set expectations so that you understand going into the divorce process what you’ll be facing. Divorce laws vary state by state, and every case operates on its own timeline. If your soon-to-be Ex isn’t being cooperative or there are circumstances, like abuse, that make protecting both yourself and your children especially crucial, then your attorney can help you by taking steps with the court, like an order of protection or, at the very least, ordering your husband to move out of the marital home.

Prepare as much as you can before filing

Prepare, and then prepare some more. The more knowledge you have throughout the divorce process, the more in control you will feel. But don’t just stop there. Get copies of family photographs or other mementos that you’re sentimental about. Set up your own bank accounts and credit cards if you don’t already have them, and change the passwords to your accounts so that your husband no longer has access to them.

Gather important documents, like birth certificates, mortgage statements, and insurance policies, and make sure you understand your financial situation. If you’re working with a divorce coach, she can put you in touch with a certified divorce financial analyst who can help you understand the big picture, like if you can afford to keep the house. After divorce, it’s not likely that you’ll be able to maintain the lifestyle you led as a married woman, and the more that you prepare for this new future, the better off you’ll be.

Be kind to yourself

There’s the end of your marriage, and then there’s the end of your marriage. By that, we mean, there’s the moment you truly realize your marriage is over. You’re not in love anymore, or maybe something has happened—a betrayal, for instance—that you can’t come back from. And then there’s the moment you actually do something about the end of your marriage—you talk with a divorce coach, consult with an attorney, you negotiate the terms of your divorce, and you file the paperwork.

Everything we’ve covered so far deals largely with the practical, legal, and financial aspects of divorce, but mixed up in there are a whole lot of emotions. Even if you feel a sense of relief now that your marriage is ending, you’re feeling so many other things it’s almost impossible to pinpoint your exact mood from one moment to the next.

Are you happy? Maybe. Are you miserable? Always, except when I’m not. Are you lonely? Even in a crowd. Are you angry? Oh, yes, there’s a lot of that to go around. Are you keeping it together? I have to.

Much of the divorce process is riding out these highs and lows until the road evens out again, the journey becomes smoother, or maybe you just become better for all of it.

Get ready for life after divorce

Your divorce is final when you receive your signed divorce decree, or judgment of divorce, from the court. After that you can change your name, if you want to, and take further steps to separate yourself as much as possible from your Ex financially, such as removing them from insurance policies or your will.

But if you have children, then coparenting them can be another obstacle you must learn to overcome—hopefully together, with your Ex.

Even with DIY divorces or mediation, the divorce process can be long, and the ending of a marriage can feel a lot like grieving. But what, exactly, you are actually grieving feels uncertain. Your relationship with your husband? Your sense of family? Your ability to trust others? The image you projected as the perfect couple, the couple your friends liked? Or what your marriage could have been?

After divorce, all of it seems to have gotten so far away from you, and perspective takes time. Be patient with and kind to yourself. We recommend practicing self-care throughout this journey (and really, always) and taking steps to find your support network if you don’t already have one.

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 divorce recovery. Experience SAS firsthand. Schedule your free, 45-minute consultation to hear perspective, next steps and the best resources that will honor your life and who you are meant to be.

*At SAS we respect same-sex marriages, however, for the sake of simplicity in this article we refer to your spouse as a male.

Delaying divorce tactics

Delaying Divorce Tactics

Even when our marriages feel rocky, many of us are resistant to change. So when you or your spouse comes to the other and says, “I want a divorce,” understanding your emotions and your new reality can be a long and difficult journey. It’s not uncommon for either partner to find reasons to resist and to use a variety of delaying divorce tactics as you scramble to make sense of the events that led you here.

It’s almost impossible to leave your marriage without “baggage,” without emotions and regrets.

As angry or hurt as you are, a part of you does not want to hurt the people you love the most. If you have children, you tell yourself that the break up news will break them. When you look at your husband* and say you want a divorce, you dread the heartbreak or shock or, even, anger you’ll see in his face.

And if it’s the other way around—if you are the one being told your marriage is over—then the realization of either how bad your marriage has gotten or how much you’ve grown apart fills you with another kind of regret. The kind that makes you asks yourself: What did I miss? Were there signs? What could I have done differently? I know we have problems, but why doesn’t he care enough to try to work on our relationship and stay?

Grappling with these emotions during divorce can cause us to lash out and make questionable decisions. It can also cause us to procrastinate or go into denial.

Why people use delaying divorce tactics

If you or your husband find yourself looking for ways to delay or stop your divorce, it’s usually for one of the following reasons…

  1. You’re angry and unhappy about the divorce, so you’ve decided that you won’t make this easy for anyone. You want any form of revenge or punishment you can get.
  2. You’re scared about your future (or your children’s future), and so you’re trying to prolong the inevitable for as long as possible.
  3. You think you can fix your marriage—that, perhaps, your spouse is rushing into this decision or being too stubborn to work on himself—and you’re trying to give the two of you more time together so that he realizes this too.
  4. You’re hoping to gain something financially—you’re hiding assets, racking up attorney fees, or putting off support payments.

Of course, human emotions are complicated and fickle things. It’s possible you or your spouse has a myriad of reasons for delaying your divorce, but these are some of the more common ones.

Below you’ll find a list of common delaying divorce tactics—it’s important that you recognize them, whether you’re the person doing them or not. Sometimes we delay movement or “progress” in our lives unintentionally, and we have to take a step back to see it clearly.

Seeing a therapist

Whether you talk to a therapist on your own or attend marriage counseling, talking to a professional about the problems arising in your relationship is one way to delay your divorce and help you figure out what it is you and your spouse really want. Some states will grant a continuance putting the divorce on hold for a number of days if it looks like there’s a possibility of reconciliation.

But if you’ve already seen a therapist (possibly even more than once) or your husband isn’t receptive to counseling, then it becomes clear that no amount of talking is going to help your marriage. These conversations quickly devolve into attempts at figuring out who to blame, and solving that is nearly impossible and almost always pointless.

Claiming to have busy schedules

By cancelling meetings at the last minute or being unavailable to schedule them at all, you can delay your divorce. Sometimes people use their jobs as an excuse, but some people exploit or invent health reasons to cause delays. Whether it’s stress-related or a medical condition, they claim that their need to schedule doctor visits and procedures is affecting their ability to continue on with divorce proceedings in a timely manner.

Changing attorneys

People look for new attorneys for a lot of reasons. Sometimes they just want someone who’s more aggressive. They do not feel well represented, or maybe they don’t feel understood or heard.

When you or your spouse changes attorneys, you can be granted a continuance and divorce proceedings are placed on hold. This isn’t always the case, of course. Judges might require you to stick to your current schedule even if you’re changing representation. But certainly, divorce professionals have seen spouses use this tactic to consistently put off negotiations.

Being unresponsive

Ignoring texts, phone calls, and emails? Failing to sign documents? Generally being unresponsive and unavailable is another way that people attempt to delay their divorce.

Consciously or not.

In any case, whether it’s you or your spouse employing delaying divorce tactics, judges and attorneys have seen it all. Your particular spin will not be new. Divorce professionals recognize when someone isn’t acting in good faith, and in many states, this is when attempts at delaying divorce start to backfire. They might continue on with proceedings without you, and in the end, your husband will get much of what he wanted in the first place.

If you think your spouse is attempting to delay your divorce, a good attorney will help you balance out those attempts with, for one, motions to deny their repeated cancellation requests and other tactics. Your attorney will help you prove that you have made every effort to notify your husband of the divorce proceedings and come to an agreement, and the judge will be able to use this evidence to waive his rights to a trial.

Delaying divorce tactics might work, but they can never truly be successful in the long-term. We no longer live in a world where one spouse can force another to remain in a marriage against their will, and these tactics don’t just hurt your Ex—they inevitably prolong your own pain and put off your divorce recovery. They also affect your children’s relationship with both parents and their ability to heal. How you resolve your challenges with the divorce, the temperature of the negotiation, and how you conduct yourselves is directly related to how your children will recover long term.

If one of you is really ready to move on from your marriage, then using delaying divorce tactics won’t actually change anything. The longer you put off your divorce, the higher the chances are that your spouse will move on with his/her life—romantically and otherwise—while you’re still technically married. This further complicates everything. Even well-intentioned love interests will want to offer their opinions on your divorce, and those opinions could sway your Ex to make certain choices as proceedings continue. Choices that may not benefit you or your children.

If you find yourself dealing with delaying divorce tactics, whether you are perpetrating them or not, we encourage you to seek the divorce support you need so you and your family can move through and forward with your lives.

Whether you are considering a divorce or already navigating the confusing experience, one thing we see making a significant difference for women is the conscious choice to not do divorce 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.

SAS offers women 6, FREE months of email coaching, action plans, checklists and support strategies for you, your family, and your future. “A successful divorce requires smart steps, taken one at a time.” – SAS for Women 

 

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

The reality of divorce in New York

The Reality of Divorce in New York

People know New York for its glitz, glamour, and grit. Everything’s loud, over-caffeinated and fast-paced. For some who experience the loneliness of all this, there can be the feeling of being left out, of never being enough, of someone else always lining up to replace you. But despite all of this, or in response, New Yorkers are equally known for being tough and seemingly invulnerable. Even when it comes to romance. Romance, New York style is often over the top or of the quirky variety, the kind of love that sweeps you off your feet. Think Carrie and Mr. Big. Harry and Sally. Jane Fonda and Robert Redford in Barefoot in the Park. It’s the kind of romance they write love songs about. Until it’s not. But divorce in New York? Well, in most of our minds, breakups are equally cinematic. Flash to messy scenes from the Real Housewives of New York, or nuggets of gossip passed privately through whispers, then splashed across Page Six for anyone to see.

Yet, for all those clichés, in reality, divorce in New York State is far more mundane than any image you carry in your mind. In fact, according to the Center for Disease Control, the divorce rate in New York in 2011 was 2.9 for every 1,000 residents. That’s a lower rate than most states in the country!

Of course, when the divorce is happening to us it doesn’t have to be the literal end of the world to feel like it’s the end of ours. Your divorce might come as a complete shock, or it may seem like a long time coming. Either way, it can all feel surreal, like you’re having an out of body experience. How you wish it were just a movie! Yet, this is your life. You are getting a divorce. And throughout your divorce, the surprises may keep coming, bringing out the worst and the best of you.

You may not be feeling so much like Sarah Jessica Parker as Carrie Bradshaw in Sex and the City—young and colorful and ready to take on the world—as you are Sarah Jessica Parker in HBO’s Divorce, a little jaded and angry, feeling dull around the edges but looking for reasons to hope.

If that’s you, if you’re done considering divorce or have had divorce forced upon you, then here’s a primer highlighting what to expect when getting a divorce in New York.

Divorce law in New York

In New York, there are two kinds of divorces, a contested divorce and an uncontested divorce.

In an uncontested divorce, the most trouble-free approach, you and your husband agree about the need for a divorce and you believe you will come to terms on how your property gets divided and how your children are cared for. On your own or with the help of lawyers or a mediator, you and your husband come to an agreement on everything and do not need the court to get involved to divide assets or make decisions about spousal or child support or custody.

Typically, an uncontested divorce moves more quickly through the system. It’s less complicated and less expensive. You will likely never set foot inside a courtroom with an uncontested divorce.

In a contested divorce, you and your husband are not in agreement about any or all of these things. (Hello, your marriage?) If there are disagreements, and often there are, you will likely need the help of a legal professional(s) to resolve them. The more intense the disagreements, the more expensive the process can become and the greater risk you run of having to go to court to have a judge decide.

Many couples will begin the process of a contested divorce and then, before trial, reach an agreement. This is a settlement.

Thanks to the Internet, though, it’s become increasingly popular to consider a Pro Se or DIY divorce and thereby eliminate the costs of lawyers. Couples who do this successfully are couples who are almost always in agreement. (Hmmm.) They are doing an uncontested divorce.

Ask yourself:

  • Are you and your husband really in agreement about everything?
  • What are the critical issues?
  • Do you understand the finances?
  • Do you understand spousal support?
  • What about child support?
  • What are your options for custody arrangements?
  • How are you going to handle your debt? Whose debt is whose?

Our experience is that most women do not know these things, nor do their husbands—but the idea of saving money on legal fees (or being bullied into the DIY process) blinds them from finding out what they are each entitled to by law. There’s a phrase, “You don’t know what you don’t know,” and it couldn’t be more aptly used for this scenario.

How can you split things up if you don’t understand what you’re splitting — like the finances (are you aware of their long-term tax implications?) Or what negotiated variable is going to benefit you more in the long run? You need feedback from someone who’s an expert on your situation.

In short, we recommend you NOT consider a DIY or online approach unless you have no children, there is no debt and little or no assets, and the marriage has not been for very long. And if you do pursue a DIY model, we encourage you to consult with an attorney privately at least once (but preferably throughout your completing the paperwork).

Divorce facts in New York

New York also allows you to get either an at-fault divorce (you must prove your husband is responsible for the need to divorce) or a no-fault divorce.

For most people, it’s easier to seek a no-fault divorce. You don’t have to prove anything other than the relationship is irretrievably broken. “To qualify” in New York, the relationship must be broken for at least six months. Also, New York usually requires that you or your spouse have lived in New York State for at least one year before you can file for divorce.

New York is often associated with all things progressive and liberal, but it was actually the last state in the country to allow no-fault divorce. That means that until 2010, getting a divorce in New York almost always meant that one spouse had to prove the other spouse did something wrong and is to blame. What’s more cinematic than a jilted lover or “cold-heartedly” calculating your actions to create a case where you are the wronged party? It’s a recipe for disaster, for heightening emotions and irrational behavior—for people to lash out and for proceedings to get ugly and expensive and to heighten the risk of going to court.

This said, you can still get an at-fault divorce in New York. To do so, a spouse must have the “legal grounds,” which usually involves adultery, cruel or inhuman treatment, or abandonment. Most divorce lawyers in New York will advise you not to go the at-fault route no matter the dramatic details you may throw their way. It is generally considered a poor use of resources to have a trial on grounds now since the system no longer requires it.

With this in mind, you will want to make sure you understand why your lawyer is pushing for an at-fault divorce, such as “cruel and inhuman treatment,” and how it will benefit your situation as opposed to pursuing a no-fault divorce. We had a client, for example, whose husband had serious mental health issues and refused to seek treatment. Her lawyer filed an at-fault divorce for “cruel and inhuman treatment” as a strategy to protect the children and to impact the custody arrangement, so the children were not left alone with him until he was fully recovered, healthy and functioning.

New York is an equitable distribution state

In New York, assets (the things you own) get divided through “equitable distribution,” meaning, in general, everything you owned prior to getting married is your separate property and everything acquired after your marriage gets divided as fairly as possible.

The separation of property—how you will divide it up—is negotiated between you and your husband, or more likely, by your lawyers after they have consulted with each of you, or with the help of a mediator. But it has to be done well and fairly enough that the court will sign off on the agreement.

These are just a few of the facts that come into play when discussing divorce in New York. There is more you’ll want to know before you proceed further. But we don’t want to contribute to sensory overload.

What matters most is that you are not going to do it all at once, but you will want to be in a position to learn and come to understand what your options are before you make decisions about your property, the debt, child support, custody, spousal support, legal fees, insurance, and more. You might need an order of protection if abuse is a concern, which complicates matters even further.

This is why, whether you pursue a DIY approach, or go to mediation, or use a collaborative attorney, we urge you to get educated on what your choices are first.

Read Divorce in New York: 10 Things to Know Before Seeing a Lawyer

Divorce court

You must know that about five percent of all divorce cases go to full-blown trial. Less than five percent. So turn the television off. The standard way people divorce is still the traditional one, of your hiring an attorney to represent your interests and your husband hiring an attorney to represent his. Your lawyer meets with you individually, as does your husband’s, and then the lawyers negotiate the settlement through phone calls or meetings.

Divorce negotiations are different from negotiations in most other legal matters in that clients usually attend the meetings—known as “four-ways”, with their lawyers. If one side fails to negotiate or settle, then the risk of going to court does increase, and both parties must attend every court appearance with their lawyers. This traditional approach is still the best way for the less-moneyed or less-powerful spouse (the one who lacks money or knowledge about the finances) to get a fair share.

Diversify your insight into how you will divorce

On the plus side of living in New York is that the city and the state can often be frontrunners of change. Just by virtue of your living within New York’s boundaries, there are far more resources available to you than people living in other parts of the country. Take advantage of those resources, like law schools that offer free legal aid, or referral services offered by the New York Legal Bar Association.

You don’t have to rely on visiting a lawyer and learning things the expensive way as most people have done in the past. There are now people like us, the divorce coach, who can help you learn about divorce (and yourself) before you commit to anything. A certified and experienced divorce coach can also connect you to vetted lawyers and other experts — like a certified divorce financial analyst (who can help you answer the money questions). How you choose to divorce matters for your children and your own recovery.

How long does a divorce take in New York?

Okay, we know, you are maxing out. You want to hear how long this is going to take. If we are talking only about the legal aspect to the divorce and not your recovery and healing, than the time it takes to finalize a divorce depends on two things: how motivated you and your spouse are to organize your papers and documents and to push your attorneys to negotiate the agreement and how busy the court that receives and officializes your settlement agreement is.

For some people, it can take as little as six weeks, for others, six months or more for an uncontested divorce. With a contested divorce, there is no way of forecasting it, but certainly, a deciding factor would be when the money runs out.

What’s certain is that divorce anywhere is a (long) process, and while that wait can be frustrating, it also means you won’t be able to jump into anything without thinking it through first (and that might just be a blessing in disguise).

Divorce support groups for women in New York

There are over eight million people living in New York City and more than twice that in New York State. You are not the only one “feeling lost in New York,” or like everything’s falling apart even as you try to put it back together. We say this a lot but only because it’s true: You are not alone. If your couple friends have disappeared and disappointed you, you are lucky to live in a city and state where there are many divorced women and men—and the stigma of divorce is not as pronounced as it may be somewhere else.

Your job is to connect with those people who understand what you are going through and get educated on what your choices are and who you want to be as you make these important decisions. You might consider joining an online education-driven support group with other women who share similar experiences and who seek to find their voice and change their circumstances for the better. Women just like you.

Remember, divorce in New York rarely looks the same as it does on TV, where the drama’s amped to increase ratings and to get you coming back. This is a process none of us wants to experience even once, let alone come back to. Your divorce doesn’t have to be so dramatic. You can choose to let go the theatrics because they don’t serve you, your Ex, or your children, and to focus on what you do control: getting educated fully before you commit to any one path or decision, and to move through the process smartly and with the greatest sense of integrity and compassion for everybody — including you. 

For more steps to help you with divorce join us for your free 45-minute consultation.

Since 2012 smart women around the world have chosen SAS for Women to help them through the emotional and often times complicated experience of divorce. For emotional support and structured guidance now, consider Annie’s Group, our virtual divorce support and coaching class for women thinking about divorce or beginning the process. Schedule your 15-minute chat to learn if this education is right for you, where you are in your life, and most importantly, where you want to go.

 

This article was authored for SAS for Women by Melanie Figueroa, a writer and content editor who loves discussing women’s issues and creativity. Melanie helps authors and small businesses improve their writing and solve their editorial needs.

*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.”