Category Archives: Divorce

Can you afford to get divorced?

Can You Afford to Get Divorced? Westfield Mediation, LLC ©Copyright 2014 There are really two parts to the question — “Can you afford to get divorced?” One, can you afford to go through the process of separating from your spouse … Continue reading

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When it rains it pours

We’ve all heard the saying “when it rains, it pours” and when you’re going through a divorce that’s often the way it feels. Personally, when I was going through my divorce it seemed like there were times when it was … Continue reading

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There can be a silver lining in divorce

Life changing experiences such as divorce often gives the opportunity for a fresh start. Instead of getting caught up in bitterness or blame it can be a time of introspection, a learning experience. The fact of the matter is that … Continue reading

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Financial Challenges of Gray Divorce

Collaborative Divorce Attorney Linda L. Piff, answers the question “What are some of the financial challenges for those over 50 getting divorced?” The challenges are due to the couple over 50 experiencing the”perfect storm” with the economy in a significant … Continue reading

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Using social media during divorce

social media and divorceSocial media helps people stay in touch with their friends, share experiences and photographs and exchange personal information online. For most people it has become a way of life. For those going through a divorce it can be an emotional and legal mine field.

On an emotional level it can be painful to see what’s going on in your ex’s new life through Facebook or Twitter posts. Even if you “defriend” or “unfollow” your ex, if you have mutual connections you may still get updates and status changes such as new relationship. Not only may it be painful to see, but it could cause a breakdown in settlement negotiations.

On a legal level you could hurt your case with a single post. According to a recent survey of the American Academy of Matrimonial Lawyers “An overwhelming 81% of the nation’s top divorce attorneys say they have seen an increase in the number of cases using social networking evidence during the past five years.” Additionally they state that “Facebook holds the distinction of being the unrivaled leader for online divorce evidence with 66% citing it as the primary source.”

Here are a few simple guidelines to follow if you use social sites during your divorce:

  • It can be very tempting in the heat of the moment to post pictures or information that should remain private or tweet derogatory comments without thinking through the repercussions. Those pictures that you think are funny might not be viewed that way by a judge. Worse yet, if you have children on social media sites they may be exposed to things that they should never see.
  • Don’t brag about that great vacation or beautiful new car you just bought. That type of information can have an effect on the financial outcome of your divorce.
  • Ask your friends not to tag you in any pictures without your permission. What may seem innocent to a person not going through a divorce can have a devastating impact for the divorcing person.

One solution is to take a break from social media during a divorce. For many that may not be the road they chose. For those who aren’t willing to give up their online presence the best advice is to think before you post.

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Nothing changes

nothing changes

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Divorcing Baby Boomers

By Dr. Lynne C. Halem, Centre for Mediation & Dispute Resolution

The media is endlessly fascinated by the divorces of couples with long-term marriages. From Maria Shiver and Arnold Schwarzenegger and Al and Tipper Gore, the celebrity divorced set, to demographers’ estimation of the significant increase in divorce and separation among the general population of those in the fifty-plus age bracket, the stories keep coming. In part the fascination is related to the breakup of long-term marriages. People wonder why, after so many years of living together, individuals would even bother to divorce. Adult children are among the most vocal, perplexed and often angry, they decry their parents divvying up of assets after forty years of marriage. Why now, they ask? What’s the point? And, too, are we now responsible for taking care of mom? Of dad? Others, more detached from the actual divorce, worry on a national level about the increase in the elderly population living alone with assets and income already diminished by divorce.

We, too, at the Centre for Mediation and Dispute Resolution, are witnessing a rather dramatic surge in baby boomers and even older individuals who are now seeking divorce. Since mediation does not, and should not, delve into the reasons for a marital dissolution, we cannot shed any light on the causations of this trend or, in fact, help to explore its implications for society or for the delivery of social services to the elderly with diminished resources and no partners, as caretakers. Our focus is different. We, as mediators, need to consider the financial needs of the soon-to-be newly divorced and the ways in which resources can be stretched to finance living in two households. It is important to recognize that divorcing parties need to be “smart,” to really consider the impact of their financial decisions in order to structure an agreement that capitalizes on tax advantages, that analyzes the impact of future changes and options. A “cookie cutter” agreement may be quicker and even cheaper, but in all likelihood it will not help to provide long-term protections.

Read the full article

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The Intersection of Divorce Law and Mediation

The Intersection of Divorce Law and Mediation

Westfield Mediation, LLC
© 2013

If you filed for divorce, can you still do mediation? If you go through divorce mediation, do you still need a lawyer? We commonly hear these questions from potential clients. And the answers, for the most part, are yes, and yes.

Once you file a divorce complaint, you start the Court clock running. If you decide instead to try divorce mediation to save you and your spouse some time and money, you can pause the clock, so long as you inform the Court and your lawyers. Usually, the Courts prefer that people resolve their differences on their own, so they are happy to give you the time to do so, as long as you keep them informed of your plans, and you don’t let things drag on too long. If you and your spouse have started working with lawyers, those lawyers would not be able to mediate your divorce because of potential conflicts of interest. So you would need to find a divorce mediator to help you create an agreement.

What if you start with divorce mediation – would you still need to hire a divorce lawyer? Most likely, yes. Once you and your spouse have come up with an agreement in mediation, we recommend that each of you hire a “review attorney” to look over the document, make sure your legal rights are protected, and explain any of the legal consequences to you. The “review attorney” will then convert your agreement into the form that the Court wants, file the documents with the Court, and accompany you to the Court hearing. Many lawyers will do these tasks for a set fee, rather than their usual hourly rate.

So, why go through mediation if you will still need to hire a lawyer? Because divorce mediators…

View the entire article here: The Intersection of Divorce Law and Mediation
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Hiring a Divorce Attorney

You’ve made the decision to get a divorce. Now it’s time to hire a divorce attorney. More than likely you’ve never had to hire a divorce lawyer; maybe you’ve never had to hire any type of attorney before. So where … Continue reading

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Tax Implications of Divorce in Arizona

The Tax Implications of Divorce in Arizona an article by By Timothy Durkin, Attorney at Law Divorce, also known in Arizona as the dissolution of marriage, is the official termination of your marriage in the eyes of the state. Although … Continue reading

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