Recently in Emotions and Divorce Category

June 5, 2010

Florida Emergency Motions: Is It Really An Emergency? Or Do You Just Need Help Fast.

emergency.jpgI frequently have clients who come in and tell me they need an Emergency Motion filed for __________(fill in the blank). The emergency could be that their Husband/Wife is taking the furniture, going to turn off the electricity, or cancel the Husband's/Wife's car insurance. All very important issues, but does it rise to the level of filing an Emergency Ex-Parte Injunction? When is an emergency really and emergency in the eyes of the court?

In the recently released case of Hunter v. Hunter, 2D09-4878, 2010 WL 2077158 (Fla. Dist. Ct. App), the District Court, says that a trial court should only order relief in an Ex-parte proceeding where there exists an immediate threat of irreparable injury that forecloses the opportunity to give reasonable notice. See City of Boca Raton v. Boca Raton Airport Auth., 768 So. 2d 1191, 1192 (Fla. 4th DCA 2000). Thus a motion seeking ex-parte relief "must demonstrate (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur." Id. at 1193 (quoting Smith v. Knight, 679 So. 2d 359, 361 (Fla. 4th DCA 1996)). In the case that was before the DCA, it found that the Wife's motion failed to demonstrate either an immediate threat of irreparable injury or a reason notice could not be given.

The DCA further opined that to the extent that the order grants injunctive relief in the Hunter case, they observed that almost none of the required procedures were followed. According to Florida Family Law Rule of Procedure 12.610(a), injunctive relief in family law cases not related to the need for protection against domestic violence, repeat violence, dating violence, or sexual violence is governed by Florida Rule of Civil Procedure 1.610. Rule 1.610(a)(1), which permits the entry of a temporary injunction without written or oral notice to the adverse party only if:

(A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.

In the Hunter case, the Wife's motion was neither verified nor supported by affidavits. Thus the motion was deficient under rule 1.610(a)(1)(A). Also, the motion did not contain the attorney's certification required under rule 1.601(a)(1)(B). Furthermore, the order itself is defective because it contains no explanation of the reasons for its entry other than "[t]he Emergency Motion is well taken." Thus the order violates rule 1.610(c), which requires that an injunction specify the reasons for entry. See also Hathcock v. Hathcock, 533 So. 2d 802, 804 (Fla. 1st DCA 1988) (holding that an order enjoining the husband from disposing of marital property and awarding the wife temporary exclusive use and possession of the marital home failed to comply with rule 1.610 because it contained no findings concerning why the injury would be irreparable or why the order was granted without notice). Finally, it does not appear that the trial court required the Wife to post a bond as required by rule 1.610(b).

The Court held that the Wife's argument about the Notice Requirement of Rule 1.610(a) concerning the entry of temporary injunctions without notice was woefully insufficient. To send a copy of a motion to opposing counsel without a notice of hearing and to present the motion to the court for the entry of an order granting the motion an hour or so later is unquestionably inadequate notice -- if it may even be deemed notice at all. See City of Ormond Beach v. City of Daytona Beach, 794 So. 2d 660, 663 (Fla. 5th DCA 2001) ("[N]otice encompasses a reasonable opportunity to prepare and offer evidence."); Fla. High Sch. Activities Ass'n v. Benitez, 748 So. 2d 358, 359 (Fla. 5th DCA 1999) ("Notice for temporary injunction purposes means a meaningful opportunity to prepare in order to present evidence and secure a record of the proceedings.").

If you are thinking about divorce, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

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May 1, 2010

Florida Divorce Lawyer Discusses the Role of a Guardian Ad Litem

GAL2.jpgIn highly contested divorces or modifications, I often recommend retaining a Guardian Ad Litem on the case. Most people do not understand that the children are not going to be allowed to "go in and talk to the Judge," and often times the only way to get the children's voices heard is by and through a Guardian Ad Litem.

Why a Guardian Ad Litem?
A Guardian Ad Litem ("GAL") is usually an attorney hired by the divorcing couple (or the parent seeking the modification) to represent the child(ren) in a legal dispute concerning their custody or welfare. Having a Guardian Ad Litem reduces the "he said/she said" that the court has to hear. The GAL report is usually invaluable to the court left to make a permanent custody decision and usually gives it much weight in making its decision with regards to the children. The GAL is a neutral third-party that will make a report to the court based on it's findings from interviews. When the Court enters an Order appointing a Guardian Ad Litem, that guardian is not biased towards either the mother or the father and does not owe any allegiance to either party. They can be objective in the investigation and recommendation as to what disposition would be in the best interests of the child(ren).


What Does a Guardian Ad Litem Do?

A guardian is authorized by the Court and by agreement of the parties to investigate the entire background, living conditions, family relationships, and any other matter related thereto in order to make a recommendation to the court as to what would be in the best interests of the child as to placement, visitation, and other matters ruled upon by the court. They can make home visits, speak with anyone in person, by phone, or any other method of communication. They go to the schools or daycares and speak with the teachers. They can speak with the friends of the parents. They may speak with anyone who has important knowledge about the parents or the children. The guardian usually makes a report to the court recommending a specific outcome. The parties do not have to accept the report, but can present their own witnesses and evidence in court. The Judge makes the final determination on the disposition of the child(ren). However, the report of the guardian, if presented properly to the parties prior to trial, can sometimes lead to settlement of the issues without the expense of a trial.

Talk to a Florida Divorce Attorney
To talk to us about your case, either an initial custody determination or modification, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

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April 29, 2010

Funny Article from AP: Pets Listen Better Than Husbands

ALeqM5i8LS3L61eNUhHyxkg-03GqgBZ34w.jpgPoll: A third say pets listen better than husbands

By SUE MANNING (AP) - 18 hours ago

LOS ANGELES -- Husbands, if you end up in the doghouse, consider it a promotion.

A third of pet-owning married women said their pets are better listeners than their husbands, according to an Associated Press-Petside.com poll released Wednesday. Eighteen percent of pet-owning married men said their pets are better listeners than their wives.

Christina Holmdahl, 40, talks all the time to her cat, two dogs or three horses -- about her husband, naturally.

"Whoever happens to be with me when I'm rambling," said Holmdahl, who's stationed with her husband at Fort Stewart in Georgia. "A lot of times, I'm just venting about work or complaining about the husband."

She thinks everyone should have a pet to talk to like her horse, Whistle, who's been with her since she was 19.

"We all say things we don't mean when we are upset about stuff," she said. "When we have time to talk it out and rationalize it, we can think about it better and we can calm down and see both sides better."

It would be a toss-up whether Bill Rothschild would take a problem to his wife of 19 years or the animal he considers a pet -- a palm-sized crayfish named Cray Aiken. His daughter brought it home four years ago at the end of a second grade science project.

Rothschild, 44, of Granite Springs, N.Y., considers Cray a better listener than his wife, "absolutely. She doesn't listen worth anything." He doesn't get much feedback from the crustacean, but it's been a different story over the years with family dogs and cats.

"You definitely feel much more comfortable sharing your problems with them," he said. "A little lick from a big dog can go a long way."

Overall, about one in 10 pet owners said they would talk their troubles over with their pets.

The AP-Petside.com poll also found that most people believe their pets are stable and seldom struggle with depression. Just 5 percent of all pet owners said they had taken an animal to a veterinarian or pet psychologist because it seemed down in the dumps. Even fewer said they'd ever given antidepressants to a pet.

But they weren't opposed to the idea: 18 percent of those polled said they were at least somewhat likely to take a pet to a vet or pet psychologist if it was dejected.

When pets become the therapists, the dogs have it. Twenty-five percent of dog owners said their canines listened better than a spouse, while only 14 percent of cat owners chose the feline.

Ron Farber, 55, of Hoxie, Kan., said it's easier to talk to his dog Buddy than his wife because "the dog doesn't have an opinion."

"I think better out loud. He doesn't care what you say or do. He looks at you, pays attention, you walk through the problem in your mind and eventually, the answer comes. It's not as easy when other people are offering opinions," he said.

Farber would take Buddy to a vet if he needed help, but "I doubt there's a dog psychologist within 300 miles."

A pet psychologist is also called a veterinary behaviorist. Veterinarian Karen Sueda, whose office is at the VCA West Los Angeles Animal Hospital is one of 50 certified by the American Veterinary Medical Association.

Most of her canine patients have problems with aggression and anxiety, while her cats' biggest problem is failure to use a litter box, she said.

Karen Manderbachs, 38, has tried drugs for her dog Kensey, a Shiba Inu who is afraid of thunder. "She sits and full body-shakes. She tries to climb the walls, will hide behind the couch. She gets frantic."

But the first time, the pill didn't take effect in time. The next, "she was so out of it, I couldn't do it again."

Without thunder, Kensey is fine and listens with the other pets -- three dogs and a cat -- as Manderbachs talks.

The dogs seldom react, "but if I'm upset, if I cry, they will hover around and try, in their own way, to make it better," said the 38-year-old from Rocky Mount, N.C.

Sueda, the veterinary behaviorist, said she thinks everyone talks to their animals.

"Pets are great because they provide us with unconditional support. They never talk back, never give us the wrong opinion and they are always there for us," she said. "As much as we love our spouses or significant others, sometimes they are not there, sometimes they have their own thoughts about how we should deal with situations. And sometimes, especially when it's a husband or male significant other, they want to solve the problem rather than just listening to the problem."

The AP-Petside.com Poll was conducted April 7-12, 2010, and involved landline and cell phone interviews with 1,112 pet owners nationwide. It has a margin of sampling error of plus or minus 3.3 percentage points.


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March 31, 2010

When Should the Kids Meet the New Boyfriend or Girlfriend?

brady250-250x250.jpgIf only life was really like The Brady Bunch. An easily blended family, no exes to complicate matters, minor disturbances that are resolved with a great little moral lesson. In actuality, real life mirrors what was going on behind the scenes of The Brady Bunch show - complicated, passionate, and sometimes stormy. So introducing a new romantic partner after divorce or death is a situation that may not go as smoothly as when Carol and Bob met. It is a decision that warrants a lot of thought.

When you meet someone new, your initial instinct will be to want them to meet your children. Your kids are central, important and and in many ways the main loves of your lives! It may feel odd to keep a relationship separate from them. It may feel sneaky. You may be inclined to resolve this by having your new lover hang out and share in activities with your children as a new "friend". Right? Wrong!!! These reactions are completely understandable but remember, not all are instincts are best followed. Children are no dummies - even children under three will register the different energy present with a platonic vs. non-platonic friend. Furthermore, if there was an extramarital affair involved with this partner your children will be aware consciously or unconsciously regardless of being told explicitly. So don't kid yourself.

A good rule of thumb is wait to introduce your children to your romantic interest until the relationship reaches six months of seriously seeing one another. This guideline protects kids from experiencing the inevitable romantic ups and downs of a new relationships and of having another potential loss. Shielding your children from the early stages of your relationship will require sacrifice on your part; keeping your private life private takes energy, planning and giving up time with your new lover. It is not lying, it is not sneaky, it is privacy - necessary privacy.

Children have very mixed feelings about new relationships. They may feel disloyal to the other parent if they have fun with this new person. They become jealous of sharing your time. They may feel uncomfortable because the sexual energy present with a new relationship is different than that of their married parents. It is not as if kids cannot develop meaningful relationships with girlfriends or boyfriends after divorce -- of course they can -- but the more thoughtful consideration on your part the better the chances for your children to adapt to the new situation.

It is in your child's best interest to wait and see if this looks like a relationship that will have sticking power to withstand the pressures of step parenting and blending families. Once the six month mark has come and gone, you are ready to begin integrating this person in to your family. Inform your ex of all developments. If he/she introduces your children to a new relationship as well, try to be as generous as you can -- keep all complicated feelings to yourself. Your reaction will play a huge role in your kids openness to accept this new person and to experience less conflict over loyalty.

The first kid-new-partner meeting should be activity based. Do something together, a movie, bowling, ice skating -- something that comes with distinct time limits and allows your child to ease in to the meeting with focus on the activity rather than "getting to know" your new lover. Gauge your child's readiness as you decide the frequency of these get-togethers -- keeping in mind that slow is always better in these matters. In terms of sleep overs and joint vacations, especially if other children are involved, take it very slowly. No one has ever complained that they wish they had moved faster on integrating families -- on the contrary, most difficulties come from rushing in with idyllic expectations. Consider yourself very lucky if all goes smoothly as life is not The Brady Bunch.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

This has been cross-posted by permission of the author. Full credit goes to Lisa Spiegel and her insightful and inspiring SoHo Parenting - a Center for parenting and the emotional health of the whole family. To see the original blog post, please visit http://www.sohoparenting.com/blog/2009/11/divorce/

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March 7, 2010

Parental Alienation Syndrome in Florida Divorce

patental-alienation.jpgI frequently hear prospective or current clients telling me about how their soon-to-be-ex or former spouse is engaging in disparaging comments about them. I reassure them that taking the "high road," rather than acting "in kind," is the healthiest for the children. Normally, after the emotions of divorce begin to fade, so do the hurtful comments from one parent about the other. However, the parent engaging in the negative behavior may be purposefully encouraging a child to disengage with the other parent and/or denigrate the other parent. Typical methods include: badmouthing the parent, denying visitation rights through geographical relocation or other means, using the psychological threat of detachment, and withdrawing affection and other tactics. There reaches a point when the mere "bad mouthing" turns more serious and becomes Parental Alienation.

Parental Alienation is extremely complex and difficult to assess -- especially initially. Two very good resources may be The Florida Bar article by Michael Bone and Michael Walsh that come out in 1999. The other is Michael Bone's website that deals exclusively with Parental Alienation and the Florida Court system. I have worked with Dr. Bone on some rather difficult PAS cases and he is an absolute expert in his field! It should be specifically noted that in 2000, in Tampa, J. Michael Bone, Ph.D. was directly involved in a "Frye Hearing" as was Richard Gardner, M.D. along with Richard Warshack, Ph.D. The court ruled that PAS was accepted in the professional scientific community and did meet the Frye standard.

In a parental alienation situation when one parent uses tactics of hostility with a child, the dynamics of time-sharing changes dramatically. A child may act-out to prevent time-sharing with the "targeted" parent. A new time-sharing arrangement evaluation may be in the best future interests of the child. This may mean giving the targeted parent the most overnights, to offset the effects of PAS. Enlisting the advice of an expert, someone like Dr. Bone, well versed in this type of damaging behavior, can help a parent with an alienated child evaluate their options and pursue some therapeutic remedies. Equally as important is having legal counsel who has worked in this field and can help discuss various legal remedies.

It is vitally important that these matters are handled with extreme sensitivity, care and professionalism to ensure the best interests of the child. The welfare of children is of utmost importance to the law office of Anne E. Raduns, PA. Frequently, the children are forgotten as parents fight for child custody rights and wage child custody battles. The law office of Anne E. Raduns PA is a staunch advocate of protecting the best interests of children to develop stable, consistent relationships with the adults in their lives whenever possible.

Responsible parents have the right to have a positive, loving relationship with their children. And, children deserve to grow up in a psychologically healthy relationship with their parents. Too often Florida child support and time-sharing rights become the issues former spouses use to vent their anger and hostility. As research suggests, emotional dysfunction for the child can follow him or her far into their future relationships with others. The healthiest children grow up with two loving parents fully present in their lives, even if the parents are divorced. Divorce should not make either person any less of a parent!

If parental alienation has affected you, please call us to discuss your case or visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

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February 28, 2010

What Religion Are We Going to Raise Our Child: A Legal and Religious Dilemma

heart-cross-starofdavid.jpgAs a divorce attorney I see this scenerio play out repeatedly in the context of what religion are the children going to be raised:

A custody battle between parents has erupted in a firestorm over religion and the boundaries of faith and the law. The couple live in the Chicago area and was reported by CBS and the Sun-Times.

It's the story of Joseph Reyes and Rebecca Shapiro; he's Catholic, she's Jewish. They married in 2004. Because Rebecca came from a deeply religious family, Joseph agreed to convert to Judaism but, according to him, he continued to practice Catholicism.

Both said they were open-minded about religion, but the story begins to diverge there. According to Joseph, because Rebecca came from a deeply religious family, her parents wouldn't accept their daughter marrying a gentile. Rebecca denies that, and said that she was OK with his religion as long as he agreed to build a Jewish home.

Their wedding was a traditional Jewish affair. They signed a ketubah, a Hebrew marriage contract, and held the wedding ceremony under a huppa, a ceremonial canopy that symbolizes the creation of a Jewish household.

They broke a glass, danced the hora --these are customary in Jewish weddings, and began their lives together. But the marriage began to go south --the reasons why are not the issue, but the long and the short of it was as Rebecca said, "we just didn't see the world the same. We had different expectations for what two people in love should act like."

But by this time, they'd had a daughter, Ela, born in November 2006. On this front, both parents agree that she is a perfect little angel. But she also became the center of a bitter custody battle over what religion to raise her in. By Rebecca's account, the couple agreed to raise her Jewish, which meant frequent trips to the synagogue, sending Ela to a Jewish preschool, and celebrating Jewish holidays.

Continue reading "What Religion Are We Going to Raise Our Child: A Legal and Religious Dilemma" »

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February 27, 2010

Ocala Divorce Lawyer Video on Florida Uncontested Divorce

If you are interested in pursuing an Uncontested Divorce, please call the Law Office of Anne E. Raduns, PA to find out how we can help. Even with an Uncontested Divorce, there are risks involved if you decide to do it yourself. We can help you with the process quickly and inexpensively.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

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February 7, 2010

Stolen Computer Information From The Opposing Party: Don't Do It - It's Not Worth the Hassle!

prohibited-content.jpgAs a Divorce Lawyer, I am frequently faced with issues similar to this opinion. Clients want the upper-hand in their litigation, and sometimes take actions they would not normally take under normal circumstances. There was a Paternity case that came out this past week that stands for the proposition that if the information was stolen, illegally obtained, or obtained under very, very suspicious circumstances not only is it not going to be considered by the trial court but also there is a strong possibility that the Attorney/Firm that used the information will likely be removed from the case. This case also applies to any Family Law case, including issues of Divorce, Child Support, Parenting Plans, or any other litigation involving the family. I often get inquiries from prospective or current clients involved in highly contested Divorce cases or Paternity cases wondering if they can snoop around the other side's computer and use what they found. I know the temptation for my client is there, but it's just not with the aggravation or the penalties that could happen.

In the case of CASTELLANO v. WINTHROP, Fla. 5th DCA District. Case No. 5D09-2798 the Mother sought to have the Appeal's Court review of an order of the trial court disqualifying her counsel/Firm. The disqualification was based on the Firm's receipt, review, and use of respondent, the Father's USB flash drive that contained electronic files including, among other things attorney/client communications, client litigation notes, and attorney work product. The Mother contended that the disqualification order represented a departure from the essential requirements of the law because a less drastic civil remedy was sufficient to address any potential wrongdoing.

The Judge and Appeals court found that the disqualification of the Firm was required because "an informational advantage was obtained." The Mother and the Firm were ordered to return the USB drive and any and all copies that were in their possession or control. The Mother and the Firm were also ordered to remove from their computers all of the Father's confidential and privileged information and to make their computers available for third-party inspection to confirm the deletion of this information -- all at the Firm's expense.

For the benefit of other attorneys facing a similar dilemma, the case notes that the Florida Bar Commission on Professional Ethics has opined that when an attorney receives confidential documents he or she knows or reasonably should know were wrongfully obtained by his client, he or she is ethically obligated to advise the client that the materials cannot be retained, reviewed, or used without first informing the opposing party that the attorney and/or client have the documents at issue. If the client refuses to consent to disclosure, the attorney must withdraw from further representation. Fla. Bar Prof'l Ethics Comm., Formal Op. 07-1.

If you are involved in a Divorce or Paternity case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

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January 31, 2010

What is the Cost to the Children: Florida Divorce Impact to the Children

iStock_000004879520XSmall.jpgI have blogged here recently on a shift of the court to a more equal time-sharing structure between the divorcing parents. I wanted to tie this in with a blog post on parents behavior during the divorce process. It cannot be stated strongly enough that the divorce process is very hard emotionally for children. Divorce is exceptionally hard and parents can make it worse by their behavior in front of the children. I often implore and remind divorcing parents not to disparage the other parent in front of the children. Remember, the children are one-half of the other parent you are divorcing, both biologically and emotionally. When you disparage the other parent, aren't you also in effect disparaging one-half of the child as well? Children often internalize the criticism that way.

There has been much research on Divorce and Impact on Children, and researchers now view "conflict" - rather than the divorce or parenting-time schedule- as the single most critical determining factor in childrens' post-divorce adjustment. Some of this research spans 30 years or more and follows children from the '70s into adulthood. It has been shown that the children who succeed after divorce, have parents who can communicate effectively and work together as parents. The treat raising the children as something that needs to be done effectively despite their own feels about the other parent. The better the two parents can work together to raise the children, the more successful the children will be in their endeavors. This seems axiomatic but it is very hard for parents, as people with real human emotions, to move past the pain of divorce and focus on the needs of the children.

Additionally, research has further shown that the children's psychological reactions to their parents' divorce vary in degree dependent on three factors: (1) the quality of their relationship with each of their parents before the separation, (2) the intensity and duration of the parental conflict, and (3) the parents' ability to focus on the needs of children in their divorce.

Continue reading "What is the Cost to the Children: Florida Divorce Impact to the Children" »

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January 24, 2010

Florida Divorce Advice: The "Good Karma Divorce" from Judge Lowrance

meditation.jpgPositive. Life-enhancing. Enlightening. Compassionate. These words are seldom associated with divorce. Words that typically come to mind are: Painful. Agonizing. Resentful. Bitter. Ugly. The average divorce takes two years with a median cost of $30,000. Yet the true cost of divorce is more than time or money, it is the legacy of the decisions made during the process, says Chicago Judge Michele Lowrance. It doesn't matter how long a couple has been married, whether there are kids or no kids, the painful impact of divorce often leads to bad choices that can forever alter a family's life, she adds.

Couples overburdened with emotion choose litigation as the best way to protect their interests. "By letting the court determine far more than just their future financial, and custody decisions, the divorcing parties abdicates the power they have over their own life and choices," the judge says. "Without fail, both parties end up regretting the decision to litigate almost immediately and for years to come. Nobody starts a marriage hoping it will end in divorce, but that doesn't mean that divorce needs to be the defining moment of their life."

Judge Lowrance has learned that there's a better way to handle divorce. So she came up with a plan to turn the negatives of divorce into positives. She explains the program in her new book, The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Continue reading "Florida Divorce Advice: The "Good Karma Divorce" from Judge Lowrance" »

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December 30, 2009

Dealing with the Emotions of the Divorce Process

Divorce is highly emotional process, whether you are the one who wants to divorce or you are the one not wanting to divorce.

There are often a flurry of emotions associated with divorce. Sometimes you may be feeling multiple things all at one. At times, the feelings may be more intense or severe if you are the one who does not want to divorce. When one spouse tells the other unsuspecting spouse that he/she wants a divorce, the most common emotion is just plain SHOCK. Frequently, your heard divorcing friends say they never realized anything was wrong with the marriage.

After shock, comes DISBELIEF. There is a feeling of betrayal: how could someone close to you do this to you. Then comes DENIAL or BARGAINING. How could you not have seen this coming: it can't be happening. Maybe marriage counseling will work. When it suddenly sinks in that this is imminent, then comes ANGER.

Anger is hardest to deal with because it's directed out and not looked at internally. Sadness which tends to be internal moves to Anger which is external and focused on the other spouse. Often the questions we ask ourselves is, "why did we not work on the marriage; how did it get to this point? It's his/her fault!"

Anger tends to last for awhile. Anger can turn into VINDICTIVENESS. Or a "get even" approach to divorce. This may become an ugly divorce. Or an expensive one because of the litigation involved. But when the anger starts to dim, the end of the negativity and hostility gives way for hope and finally that new beginning is in sight.

As the divorce moves through its stages to completion, each spouse will get on with their lives and move forward to a new place both emotionally and psychologically. In rare, extreme cases, spouses can walk around for years feeling these bad emotions. This happens most often where there are young children at the time of divorce, there have been extra-marital relations, and the parties have to stay in contact for a number of years following the divorce.

If you are thinking about divorce and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation, all of which is credited back to your account if we accept your case.

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