By Erica Christian

The circumstances giving rise to a divorce may be emotionally consuming making it difficult for you to think about what life will be like once the divorce is granted. It’s also easy to be overwhelmed with all of the terminology and procedures that come along with filing for a divorce.

As you begin this process, you must thoughtfully consider what your goals are in regards to the issues that will be addressed in your case. Identifying goals, both in the short and long term, is essential to developing the best strategy to obtain the results you want in a divorce.

Below is a guide that will help get you started on defining your goals and identifying how these goals can be achieved.

The Wish List

To initiate a divorce action, a party files a petition with the court asking the court to grant a divorce based on the terms he or she specifies. The Petitioner will include requests relating to all of the following: custody and placement of the minor children, financial support for the children, financial support for the party (maintenance or alimony), property division, and costs/attorneys fees. In states where fault plays a factor in the granting of the divorce or the ability to receive support, the Petitioner will include provisions, which describe what the other party did which precipitated the filing of the divorce.

The opposing party is often shocked when he or she sees everything the Petitioner is asking for. It’s important to realize that the petition is a wish list. Often, the relief requested in the Petition is unrealistic and unreasonable. However, if the Petitioner does not include everything he or she could possibly want, he or she may be barred from asking for that relief later in the process. Whether you are the Petitioner or the Respondent, it is important to begin by identifying your wish list in relation to the topics outlined above. Together with your attorney, you can later determine how realistic the goals are given your particular situation.

While engaging in this process of identifying you goals and later refining your goals with your attorney, you should be sure to keep an open mind. Depending on the circumstances leading to the divorce, you may be looking to punish your spouse, or punish yourself. To the best of your ability, it is important to look beyond the present situation. By keeping an open mind and analyzing your goals in the here and now and in the future, you will help yourself identify reasonable goals that you have a better chance of achieving.

Custody and Placement

Legal custody and physical custody are two very different concepts that are often confused into one concept of “custody.” Legal custody refers to the parent’s legal right and responsibility to make decisions for a minor child pertaining to health, education, and religion. Physical custody, sometimes referred to as placement, is the time that the child will spend with each parent. It is important for you to identify your goals relating to legal custody and physical placement at the beginning of the divorce process. Depending on your relationship with your children, the goals as to each may be different for the short term and the long term.

There are two types of legal custody: sole and joint. In many jurisdictions, there is a presumption that the parties should have joint legal custody of their children. This presumption can be overcome for a variety of reasons, including, but not limited to: lack of involvement by one parent in the child’s life; alcohol or other drug abuse by a parent; physical, emotional or mental abuse of a parent to the child or the other parent; and the ability of the parties to communicate with one another and support the other parent’s relationship with the child. Given the joint custody presumption and the burden needed to overcome the presumption, identify your goal as to legal custody and in a short sentence or two, identify why you believe this arrangement is in the best interest of your children.

Physical custody arrangements vary greatly. Physical custody also often determines who will receive child support. First, identify your ideal schedule. You may have heard of an every other weekend schedule or an equal shared placement schedule. Perhaps you and your spouse rotate placement during the school week. Simply identify the schedule that you believe is the best schedule considering your and your children’s schedules and the relationship your children have with each parent. As with the legal custody arrangement, compose a short statement describing why you believe this schedule is in your child’s best interest. Depending on your relationship with the children and the events leading up to the divorce, your ideal schedule during the pendency of the divorce may be different than the schedule you hope to enjoy with your children at the end of this process.

Financial support for the children and spouse

A thoughtful analysis of your present finances and the financial situation you and your wife will be in after the divorce is final will help you determine what your goals are in terms of support for the children and wife.

In most jurisdictions, child support is determined by a formula applying the placement schedule to the parties’ respective incomes. Even if you have an equal shared placement schedule or a majority of the placement with your children, your state’s formula may require you to pay more if there is a disparity in income between you and your wife.

Additionally, if there is a disparity in income, you or your wife may be able to seek spousal support, also referred to as maintenance or alimony. However, spousal support in most jurisdictions is not automatic simply because there is a disparity in income. Most states have a variety of factors that the court considers in determining whether or not a spouse is entitled to spousal support including, but not limited to: the length of the marriage, the earning potential of each party, the contributions of each party to the marriage giving appropriate weight to homemaking contributions, contributions of one party to the other party’s earning power, and possibly marital misconduct. Generally, the longer you were married and the bigger the difference in earnings, the longer you will pay maintenance or the larger the payment may be.

Given this basic understanding, identify your goals relating to spousal and child support. If there is a large disparity in income, you should also identify goals that would increase the earning power of the spouse earning less.

Asset and Debt Division

In order to come up with goals related to your assets and debts, you need to identify all of the assets and debts of the relationship. Each state varies in determining what assets and debt are individual and which are marital. Some states treat assets and debts acquired prior to the marriage as individual property; others count all assets as marital unless the asset was acquired by gift or inheritances.

For starters, identify what assets and debts you believe may be considered individual assets or debts. Then, of the marital assets and debts, define what your goal is as to division. Many states have a presumption that assets and debts are to be divided 50/50. However, there may be exigent factors that justify deviating from an equal division of the assets and debts in a relationship including, but not limited to, contributions to the marriage and marital misconduct.

What’s Possible and What’s Probable

Given the wish list is complete, the next step is to meet with your attorney and allow him or her to discuss what goals are possible and what goals are probable. The reasonableness of your goals will be largely dependent on the laws of your jurisdiction. Applying the law to the circumstances in your case will project what the probable results could be if your case went to trial. Notice I did not say what would happen in your divorce. An attorney with the ability to predict the future would most certainly be a force to be reckoned with. However, considering no attorney can predict the future, your attorney can only base his or her analysis of the probability and possibility of achieving your goals on his or her knowledge of the law and past experiences before the judge assigned to your case. Your attorney will then develop a strategy for your case keeping these goals in mind.

Achieving Your Goals

Now that you have a list of realistic goals for your case, the next step is negotiation or adversarial proceedings, which will realize these goals.

You and your wife are free to settle your case anytime you both choose so long as it is prior to the conclusion of a trial. This agreement may be the product of negotiations between the attorneys, direct negotiations between you and your wife, or the product of mediation. Direct negotiations are not advisable, especially in cases with complex issues. You should consult with your attorney prior to entering into any direct negotiations with your wife. To facilitate settlement, you and your wife may agree to mediation. Mediation is an alternative dispute resolution process using a neutral third party, the mediator, to facilitate negotiations. Not all mediators are attorneys, but all mediators are trained in techniques to promote dialogue and realistic bargaining between the parties, which helps them reach a resolution by agreement. You may decide to have your attorneys present at the mediation, especially in situations with complicated issues.

If you and your wife cannot come to an agreement on the terms of your divorce, you have a right to have your issues litigated. At trial, you present evidence in favor of your terms, your wife presents evidence in favor of her terms, and a Guardian ad Litem may be appointed to present evidence in favor of terms that would be in the best interest of the children. At the conclusion of the trial, the Judge makes a ruling on all of the contested issues of the divorce. The difficulty with trial is the uncertainty of the end result. If you and your wife agree on some issues, but not all, you may be able to submit a partial agreement and have a trial on the remaining contested issues.

Prior to agreeing to any settlement, you should refer back to the goals you defined. After meeting with your attorney and analyzing which goals are being met through the agreement, you can then determine whether or not you should agree to a settlement or proceed with trial.

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

Article courtesy of DadsDivorce.com

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By Wednesday Martin, Ph.D.

Books for stepmothers tend to perpetuate certain myths. The myth of the blended family and the myth of the maternal stepmother are the most glaring examples. These books’ relentlessly upbeat tone can make stepmothers feel as though our own occasional negativity and impatience regarding his kids are freakish.

Other books on stepmothering are so lighthearted, so insistent that we see the humor in our situation and in our responses to it, that reading them feels suspiciously like being told that our concerns don’t matter and that we just need to lighten up. But the real problem with many books for stepmothers is not what they imply, but what they actually say:

• Remember that his kids will always come first.

• Leave the disciplining to him.

• You will regret it forever if you lose your temper or say something nasty to your stepchildren, so whatever you do, don’t.

• With patience and love, they will come around.

The fact that these directives have become a virtual mantra, the unassailable golden rules of stepmothering does not mean that they are right.

For example, a number of stepfamily experts concur that in a remarriage with children, giving the couple relationship priority is crucial (see chapter 6). It may jar us to learn that our concept that “the kids are the most important thing” is misguided, even destructive to our partnerships.

The ideas that you should be second and should accept it, that his kids came first chronologically and so are first in his heart, and that his believing and acting on these ideas makes him a good person are powerful, deeply ingrained beliefs. But all of them can be fatal for the remarriage with children. They are even bad for the children, giving them an uncomfortable amount of power and focusing an undue amount of attention and pressure on them.

Andrew Gotzis, M.D., a New York City psychiatrist and therapist who works with couples, echoed the advice of a number of marriage counselors when he told me, “In a remarriage with children, the hierarchy of the family needs to be established quickly and clearly. The kids need to know that the husband and wife come first and that they are a unified team.” Otherwise, Dr. Gotzis cautioned, the kids can split the couple apart and create tension in the marriage indefinitely.

To remarried couples with children, the scenario of kids turning to Dad when Stepmom has said no, or vice versa, in an attempt to split the team is all too familiar. A woman with stepchildren may exhaust herself with her attempts to resolve such situations.

For this reason, sociologist Linda Nielsen notes that a woman with stepchildren will have more success when she adopts the attitude “My main goal and my main focus is to build an intimate, fulfilling relationship with my husband and to take better care of my own needs, not to bond with or win the approval of my stepchildren.” Nielsen notes that a shift like this cannot happen in a vacuum; the woman’s partner needs to be on the same page with her.

If the marriage is to work, Nielsen insists, “her husband has to be committed to creating a [partnership] around which his children revolve rather than a marriage that revolves around his children. Especially when his children dislike their stepmother, the father has to make it clear that the kids will not be handed the power or given the precedence over his marriage.”

“Things didn’t improve until I let my daughter know that, even though I loved her, my ultimate loyalty was to my wife,” one man who had survived a rocky early remarriage with children observed. We can only imagine the resultant fireworks in that household. But the outcome was a stronger marriage. This in turn gave his daughter proof that marriages can last. It also replaced what could have become profound confusion about her unchecked power in the family with a sense of secure belonging.

As for the advice “Leave the disciplining to him,” whoever said it never went to a home while the stepkids were visiting and their father was out.

Certainly, no one is saying to step right in and start issuing orders to your stepkids in your first days and weeks together — and few of us are likely to do that, fearing that we will be perceived as wicked. But what works in theory — you should hold back more or less indefinitely so that you don’t seem like the villain, backing up your husband rather than doing things yourself — doesn’t always work in practice.

What happens when a stepchild does something that crosses the line but hubby isn’t around? Are you to sit on your hands and bite your tongue rather than issue a firm “That’s not okay, and you know it”? Moreover, firsthand experience has often demonstrated that the longer a woman with stepchildren waits, the harder it is for her ever to draw the line or be taken seriously as an adult with authority.

I can attest to this fact. Because I was more or less a fraidy cat in the first year of my marriage, I had to be a tiger for the subsequent two or three years, as my stepdaughters still occasionally tried to walk all over me, just to see if they could. This was hardly their fault; I waited ages to take a stand about things such as snide remarks, dumping suitcases in the middle of the floor, and ignoring me.

Sometimes it is easier and smarter to ignore a stepchild’s annoying habit, to decline to get involved in an emotion-charged discussion over her sweet sixteen party, or to be the voice of reason when planning her wedding. A number of women with stepchildren have found that “disengaging” is, in some situations, far and away the best strategy for them (see chapter 4). Other times, ignoring bad behavior just feels like being stepped on and creates a breeding ground for more resentment. And then what?

The culture at large is eager to gloss over women’s anger in general, and advice for stepmothers in particular is full of warnings that if we express it, the consequences will be dire and irreversible. This strikes me as absurd.

It would be the rare stepchild who never went through a phase of wanting to provoke his or her stepmom. Of course we lose our tempers, inevitably. And although it can feel catastrophic — What if they hate me? What if they think I’m wicked? – expressing our anger is, in my opinion, something we should do sooner rather than later. Otherwise, we risk setting the bar too impossibly high for everyone and creating a situation in which kids, teens, or even adult stepchildren go on pushing our buttons forever in an attempt to see where our limit is.

Most of all, we need to learn as soon as possible — to experience firsthand — that being disliked is an occupational hazard for stepmothers, not a referendum on our worth. “Dad’s girlfriend Laura yelled at us once in the car,” my stepdaughter told me solemnly in our early days together. I didn’t know exactly why she was telling me this, but I knew how Laura must have felt, and I admired her for letting the girls know when she thought they’d gone too far.

You’re not my mother! Most of us fear that it is yelling or disciplining or losing our tempers or not being nice enough or patient enough or selfless enough that will keep our husbands’ children from accepting us or drive them away. If only we had so much control. Instead, unrealistic expectations about blending and being maternal, difficult developmental stages, competition that is largely inevitable and unavoidable, misinformation about stepmothering, and a host of other factors play a bigger role in the way a reconfigured family group coheres — or doesn’t.

We are not, in fact, their mothers. Happily ever after and happiness all around are ideals — unlikely ones at that, even in traditional nuclear families. Eventually, we may find that we have arrived at a place of comfort, familiarity, and real pleasure with our husbands’ kids. But if our happiness is contingent on his kids being happy for us, being happy with us, and loving us, then we have given away our greatest power and put everything at risk.

The above is an excerpt from the book Stepmonster: A New Look at Why Real Stepmothers Think, Feel, and Act the Way We Do by Wednesday Martin, Ph.D.. The above excerpt is a digitally scanned reproduction of text from print. Although this excerpt has been proofread, occasional errors may appear due to the scanning process. Please refer to the finished book for accuracy.

Copyright © 2009 Wednesday Martin, Ph.D., author of Stepmonster: A New Look at Why Real Stepmothers Think, Feel, and Act the Way We Do

Author Bio
Wednesday Martin, Ph.D., is a social researcher and the author of Stepmonster: a New Look at Why Real Stepmothers Think, Feel, and Act the Way We Do (2009). She is a regular contributor to Psychology Today (www.psychologytoday.com) and blogs for the Huffington Post and on her own web site (www.wednesdaymartin.com). She has appeared as a stepparenting expert on NPR, the BBC Newshour, Fox News and NBC Weekend Today, and was a regular contributor to the New York Post’s parenting page. Stepmonster is a finalist in the parenting category of this year’s “Books for a Better Life” award.
A stepmother for nearly a decade, Wednesday lives in New York City with her husband and two sons. Her stepdaughters are young adults.

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By Wednesday Martin, Ph.D.

Don’t call them deadbeats. Research shows that today’s fathers are spending more time with their kids than ever — an average of nearly three and a half hours a day more than Dads of a few decades ago. Kids and fathers alike are reaping the benefits; more time spent together sows the seeds of closeness. But the flipside of this trend is that it makes divorce more painful for fathers than ever before. As one man I interviewed said, “There are no words to describe the pain of not being able to tuck my kids in every night.”

His dilemma is not uncommon. While dads are increasingly parenting on the front lines, custody is still more or less automatically awarded to mom. “Even when custody is technically joint, dad may get far less time with the kids,” says Texas divorce lawyer Stuart Gagnon. And so they want the time they do get together to be perfect. “I don’t harp on my daughter to pick up her towel since she’s only here for a couple of days,” one dad told me. Another said proudly, “My kids come whenever they want, and when they do, it’s all about them.”

It might sound good in theory (particularly if you’re the kid of such a “Disney Dad”), but it can spell trouble when there’s a serious romantic relationship on the horizon or in the works. For all the benefits that increased involvement confers, Uber-dads have a harder time than their fathers did when it comes to balancing their own needs and their children’s. Over and over, women and men I interviewed as I researched my book Stepmonster told me of guys who felt confused, even guilty, about repartnering. “He and his kids won’t let me in,” women say. “I feel torn between my partner and my children,” the men confide.

Here are some guidelines for the divorced dad who repartners while wondering, “Can I pull this off?” The short answer: Yes! You deserve to move forward not just as a parent but as a person. Here’s how:

1. Let go of the guilt. You’re allowed to have a relationship. And it will not harm your kids. In fact, seeing dad in a healthy, happy relationship can be a powerful lesson for the kids, reaffirming their sense that lifetime partnership can work.
2. Let go of the fear. Divorced dads are often afraid that their ex-wives or their children will “punish” them for repartnering. “It’s a common anxiety but, to get through it, have faith in yourself as a parent and as a person,” advises Marty Babits, LCSW, BCD, author of The Power of the Middle Ground: a Couple’s Guide to Renewing Your Relationship. “Yes, your ex may be angry and even say things like, ‘Daddy doesn’t care about you anymore.’ In this case, you need to demonstrate resilience: trust in your bond with your child while making it clear that he or she can talk to you about anything — including their doubts and fears. Do this and you will succeed in working through the challenges and transitions that lie before you,” says Babits.
3. Accept that it usually isn’t easy. Kids and dads can become incredibly close post-divorce. That may mean more resistance to a serious girlfriend, no matter how nice she is: “Hey, she’s hogging my dad!” If you expect that it’s normal for your kids to be ticked about the change, you’ll be less likely to blame yourself — or your partner — when you encounter such predictable (but trying) bumps.
4. Ask yourself the tough questions about your parenting. Do you parent from guilt and fear? Are you permissive? Have you created a child-centric household? Might your kids even believe they have veto power over your choice of a partner? All this sets her up to be the heavy, their opponent rather than their friend. Research shows that kids do best with authoritative parenting — high levels of warmth and high levels of control. Shoot for that to give your kids and your partnership a leg up.
5. While you’re at it, get real about your kids. Know that if your situation is typical, they won’t necessarily act in ways that make it easy for your partner to spend time with them at first. Indeed, it’s like that your partner may at some point become frustrated about the kids. Understanding that your kids aren’t perfect during this transition will spare your partner the common snag of being the meanie who points out their flaws to you.
6. Invite your partner to the center of the family — pronto. One interviewee told me that, as soon as he knew he wanted to marry his girlfriend, he had to tell his teen daughter, “I love you but I also love Holly, and I won’t let you be unkind to her. She’s here to stay.” This spared everyone months of agonized fighting about whose place was where, and whose role was what.
7. Give a “jealous” or resentful partner the benefit of the doubt. Stepfamily expert Elizabeth Church notes that stepmothers and stepmom figures often feel excluded and shut out — because they are. Jealousy on her part is likely a sign not that she is a stepwitch, but that you have not yet invited her to take her rightful place with you at the head of the table, literally and metaphorically.
8. Start from the ground up together. It’s important to avoid what I call Barnacle Syndrome. Many well-meaning divorced dads just want to stick a partner onto their lives as they already are, without altering a thing about their own routines, rituals, and habits. Sure, you have kids. But that doesn’t mean you don’t move into her place, get a new place together, or at the very least redecorate your place as a team. Acknowledge that things must change when you partner.
9. Take time away from your kids. It’s as important as the time you spend with them. You’re taking the pressure off them, and teaching them that partners take care of one another, every time you do.
10. Lose the unrealistic notion of “two firsts.” Remarriages with children are tremendously vulnerable and need extra tending. The sooner you tell your kids of any age, “I love you, but Susie is here to stay and I love her too, so you can’t be rude to her,” the better. Nothing is more confusing to kids or more demeaning to a partner than a relationship that revolves around your children.

©2009 Wednesday Martin Ph.D., author of Stepmonster: A New Look at Why Real Stepmothers Think, Feel, and Act the Way We Do was a regular contributor to the New York Post’s parenting page for several years, and her work has appeared in a number of national magazines. She earned her doctorate in comparative literature from Yale and taught cultural studies and literature at Yale, the New School, and Baruch College. Martin, a stepmother for nine years, lives in New York City with her husband and their two sons.

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By Deborah Moskovitch

The Jewish High Holidays are just days away, Thanksgiving is just around the corner and I’m sure many are counting down the shopping days until Christmas. Celebrating holidays can be a stressful time when you’re divorced – but it doesn’t need to be.

I’ve written about this before, but I know it is top of mind for many, so I felt I should blog about it again. If you find yourself without your children or extended family at a time when you traditionally celebrated with them in the past, it can be a sad and lonely experience without them now.

Here’s a little reminder of what I have previously posted and tips to get you though.

Who says you have to celebrate those days the traditional route or the way you celebrated when you were married? If you find yourself alone, create new meaning for these celebrations and enjoy them on your own terms. Here are some tips to get you through these celebrations.

• Create new traditions. If the old traditions are too painful to follow, let them go. Instead of trying to re-create the past, create your own positive future.

• Throw your own party and invite friends or family who have nowhere to go during this time• Make a special effort to take care of yourself physically and emotionally. Don’t try drowning your sorrows with alcohol or food. Doing anything to excess when you are sad or worried is rarely a smart move.

• Be good to yourself. Go for a manicure or massage, buy a great CD, catch up on your favorite hobby. Treat yourself the way you would treat a good friend or family member.

• If you are feeling overwhelmed and vulnerable, speak with a trusted friend, therapist or someone in your support group.

• Plan ahead. If it looks like you’re going to be spending the time on your own, find an interesting activity or a place to travel so you can be with other people.

• Surround yourself with people, whether from your support network, your family, your church or synagogue. You may even be able to attend a special support group holiday function.

• Contemplate how you would like your life to look like post-divorce and write down what you need to do to get there. Start doing one of those things now.

• Stay in control by making lists of what you need to do and checking each item off as you accomplish it.

• Use any time alone to do the things you’ve been putting off — catching up on paperwork; catching up on sleep; reading the great book that’s been sitting unopened for weeks or months; calling the friend you’ve been meaning to reconnect with.

• If putting on a dinner or party in the family home doesn’t feel right, try doing something for others off site. For example, you could visit a retirement home and read to those whose families can’t be with them during the holidays.

• Continue to make the holidays special for your children. Include them in developing new traditions. Ask them how they would like to celebrate.

• Plan ahead how your children are going to spend the holidays. Avoid the stress of figuring things out last minute. This will give you a sense of comfort, relief and control.

• Be creative and flexible. If your children are not celebrating the holidays with you, think about making another day during holiday time a special day together.

• If your children are going to be with their other parent, phone them and wish them a happy holiday. Let them know that you are thinking about them.

• Don’t make your children feel that they have to take care of you during this special time. Send them the message that the holidays are a special time and you want them to enjoy themselves.

• Spare the occasional good thought for your ex. Your marriage likely had some good moments. Remembering those times occasionally will help you lift yourself out of your bitterness about your current situation.

Wishing everyone good health, happiness and peace for the holidays.

Photo courtesy of Mark Marcotte


Deborah Moskovitch is a divorce consultant and educator, and author of The Smart Divorce: Proven Strategies and Valuable Advice from 100 Top Divorce Lawyers, Financial Advisers, Counselors and Other Experts. Deborah has become an opinion leader in the media and has shared her insights and research on television and radio to explain that divorce can be managed in smarter ways. To learn more visit TheSmartDivorce.com

Copyright ©2009 The Smart Divorce® and Deborah Moskovitch
All rights reserved. No portion of this material may be reproduced in any form without the express written permission of Deborah Moskovitch and The Smart Divorce.

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