Don’t Dive into Litigation

Divorce Litigation

Divorce LitigationOnce the initial sting of the “D” word has cooled, the parties of a capsizing marital relationship must start reaching for a lifeboat in order to save what is best for them and for their family unit.

DuPage County collaborative law and cooperative divorce law have emerged as powerful alternatives for divorcing partners. These approaches make it easier for the parties to restructure their relationship, and better enable them to protect their family and finances.

“The lawyer’s role has morphed from litigators, to guardians of the process,” notes Gary Direnfeld (MSW, RSW), a Canadian social worker deemed an expert in custody and visitation matters by Courts in Canada. “Family law is no longer a zero sum proposition, but is now win-win.”

Now is the time to reach for the lifeboat. It’s time to plan and think. Every word counts in a settlement discussion. This is why so many attempts for an early DuPage County divorce settlement fall apart unnecessarily.

Simply wanting a less painful and less expensive divorce is not enough to guarantee a smooth settlement. Collaborative law and cooperative divorce law processes are now available to help the couples residing in Chicago and DuPage County. These processes provide valuable guidance to divorcing couples by showing them how to keep their divorces on time and on budget.

Society has recognized that marital relationships may change, but they don’t end. Children are often better served by parental relationships that remain respectful. “For those who see past the anger, there is now a myriad of alternative dispute resolution options,” adds Direnfeld.

Exerting a genuine willingness to understand the reason behind the other spouse’s position is vital to coming to terms with a settlement that works well for everyone. Before couples become entrenched in their dispute, it’s important to seek guidance for both financial advice and family support.

Divorce involves restructuring; and restructuring requires listening. This often means listening until both spouses realize that compromise does not mean losing- it means finding a workable solution. However, coping with the listening process is not an easy task. Take time to listen to the sounds of your divorce. Are you making all the noise, or are you listening?

Don’t dive into litigation; take a long hard look at the full range of divorce options that are now available to help you restructure your family relationship in as healthy and as positive a way as is possible.

 

DuPage County Collaborative Law and Cooperative Divorce Law

Collaborative / Cooperative Divorce

Collaborative / Cooperative DivorceThe tough and unyielding premise of the words… “I’ll see you in court!” are hardly productive when it comes to concluding a faltering marital relationship. Turning to divorce litigation in the heat of anger usually results in a brutal reality that includes combative behavior, bad attitudes and a defining loss to all concerned.

Soon-to-be-ex partners find themselves caught up in a legal system that sees only black and white. There is no consideration of feelings or emotions. As a result, divorcing parties fall victim to the legal system, which often causes additional emotional devastation.

Fortunately, there is such a thing as a “friendly divorce”. This non-adversarial, non-confrontational approach to an age-old problem most importantly addresses the basic human need to be understood.

“Practitioners of Collaborative Law and Cooperative Divorce Law offer a more respectful way to resolve family disputes,” says Gary Direnfeld (MSW, RSW), a Canadian social worker deemed an expert in custody and access matters by Courts in Canada.

Direnfeld explains that through the assistance of collaborative professionals, “Neither side is bent on tearing down the other, but conversely, directed towards leaving relationships as intact as possible.”

This approach to divorce or legal separation in DuPage County creates a sense of safety instead of fear and facilitates the chances of an early settlement. It also helps insulate children from the dispute and puts the divorcing parties in control. Working through a divorce with a “friendly” approach also requires less healing time as it does not inflict new and unnecessary pain.

“At heart the collaborative law and cooperative divorce settlement models develop consensus between the parties for a mutually acceptable settlement,” said Direnfeld. “The process is thought to provide for more durable outcomes while maintaining the integrity of the participants.” Settlement issues can include whatever must be determined – spousal support, DuPage County child support, the ongoing care of children, and the division of assets.

Maintaining control of these emotional issues is a direct contrast from traditional court system scenarios in which both parties often retain their own financial and custody experts. Recommendations from a third party often do not reflect the position of either party and can easily result in additional conflict.

Keeping divorce out of the court system is becoming a favored option as divorcing partners find help from collaborative divorce lawyers. This less intrusive process helps in procuring a faster and more affordable settlement, not to mention the fact that it reduces trauma to the family unit.

 

Achieving Peace and Harmony

Divorce - How to Achieve Peace and Harmony

Divorce - How to Achieve Peace and HarmonyAchieving peace and harmony in a divorce may seem just a little far-fetched.

You’re angry and filled with resentment. How can you come to terms with these feelings and hold it together during your DuPage County divorce?

No matter how you look at it, and whether you like it or not, the simplest and most effective way to satisfy your divorce needs is to overcome “the norm” and rise above your feelings. Get over it! No one says it will be easy, but it will definitely be worth it. Cooperative law and divorce mediation in DuPage County can help.

When either party of a divorce is rude, offensive or even abusive, they should expect the same treatment in return. This leads to a downward spiral that must be avoided at all costs.

Most importantly, bad feelings and distasteful actions spill over into the lives of children – threatening their security and playing havoc on their childhood.

Married or divorced, the foremost obligation of parents is to maintain a strong co-parenting relationship.

“You and your soon-to-be ex will always be responsible for the security of the children,” according to Charlie and Barb Asher on their website – www.uptoparents.org.  A former trial lawyer, Asher has authored court specific plans for the evolvement of cooperative family law measures and he and his wife, Barb, a former social worker and counselor, are directing their efforts into a family charity aimed at helping parents protect their children.

The establishment of a strong co-parenting relationship provides everything children need from Day 1 and will be responsible for solving thousands of issues in years to come.  From Little League to college, and through braces and dating, being courteous, cooperative and respectful to each other will create stability for children. The Ashers consider it a “daily opportunity to build the team children need.”

Encouraging courts and family professionals to consider the future co-parenting relationship as a common client, Charlie Asher affirms in his support of cooperative law that, “simple statements of courtesy between parents often spell the difference between hurting kids and literally saving them.”

If there is any hope of attaining a friendly divorce settlement and maintaining a strong co-parenting relationship, divorcing parties must undertake a process that includes understanding three fundamentals: perspectives, emotions and language/listening.

By working through basic steps, divorcing couples can stay away from typical divorce war tactics and realize the value in creating a working relationship that just might get them through the divorce process in one peace.

Dealing with Infidelity

Infidelity - How to deal with it

Infidelity - How to deal with itYou’ve been struggling with suspicions and now the truth – your spouse has been having an affair.  It feels as though your heart and soul have been ripped out, and it hurts.

“Infidelity stabs you over and over, at least initially,” says Dr. Bob Huizenga, marriage and family therapist, psychotherapist and author of Break Free from the Affair.  Dr. Huizenga says it’s imperative to get a hold of your feelings. This doesn’t mean getting rid of these awful feelings, just managing them.

“Often, the more we insist upon them going away the more they seem to persist,” says Dr. Huizenga. “After all, your feelings have concerns and fears that MUST be addressed. But, you want to address them on YOUR timetable and in a way that will honor you.”

Dr. Huizenga’s first advice is to gain control.

“You want to control yourself, your thinking and your feelings as you move through this agonizing process,” he advises. “At the same time you do not want to control to the extent that you deny, avoid or minimize what it is that you must look at and address in your situation.”

Whether your next step is a DuPage County divorce or reconciliation, you must gain control in order to move forward.

Anger is our most powerful emotion and the anger experienced in divorce is pure poison, especially when infidelity is involved.   It’s easy to blame your spouse and you feel as though you “deserve” revenge. Unfortunately, this only intensifies your anger and ignites the same in your spouse.

Left to run out of control, these powerful emotions can keep couples from reaching a civilized divorce settlement.

Now is the time for couples to determine what’s best for them and their children.  Divorce lawyers in Dupage County are using new methods aimed at keeping you away from the stress of heated divorce court proceedings. Mediation, collaborative law and cooperative divorce law options allow couples who are able to gain control of their emotions the opportunity to avoid a long and expensive divorce.

Setting your sights on a “friendly” divorce settlement is a great way to minimize the pain of those awful feelings, while saving at least a part of the relationship and some serious money.

 

Keep Your DuPage County Divorce Friendly and Sensible

Divorce in DuPage County Illinois can be friendly

Divorce in DuPage County Illinois can be friendlyYou know…pleasant, kind, considerate, well-mannered and cordial.  Sound hard? Well, it may be, but it’s the best way to get everything you want out of a divorce.

That’s right! You do it to avoid a long, bad, ugly, divisive and expensive divorce. You do it to save dignity, mental stability and physical health. You do it because it is absolutely essential for your well-being and  for the well-being  of the family unit.

When kids are involved, it’s important to do whatever it takes to shelter them from the conflict. Put aside resentments to make room for cooperation and focus on a brighter future, according to Charlie and Barb Asher, creators of the website www.uptoparents.org. Charlie, a former trial lawyer and his wife, Barb a former social worker and counselor, have turned the insights of their past careers into a family charity aimed at helping parents protect their children.

“Judges’ decisions don’t solve a family’s problems; in fact, resorting to court almost always leaves parents, children and families more fractured.” This statement is one of the nine truths contradicting the myths of divorce found on the website which is dedicated to reminding parents how focusing on their children’s needs’ can help everyone in the family.

“If you are in conflict, your children are in danger,” the Ashers warn. “And only you, their parents, can protect them from that danger.”

An ensuing fight between parents is the last thing kids need.  Many parents conceive a fight as necessary to “protect” their children. The truth is fighting can’t protect children because the fight is precisely what’s hurting the children. A good relationship between parents will always be important to your children – married or divorced – a good co-parenting relationship is essential.

Being nice to the soon-to-be ex does not mean being weak; it means being smart.

Acting nicely is salesmanship.  If you want a cooperative and sensible divorce in DuPage County – an out of court divorce settlement – you have to sell your partner on your settlement position. Use salesmanship instead of hostility and confrontation. Instead, listen to what your spouse says and convince them that you heard every word they said. Validate their point of view.  Always remember that no one has ever won an argument by arguing.

The old method of fighting it out in divorce court is not working. Divorce is expensive and the process can be brutal. The friendly or cooperative approach to divorce will help insure that you don’t end a bad marriage with an even worse divorce.

Divorce & Joint Custody in DuPage County, IL

DuPage County Divorce and Joint Custody

DuPage County Divorce and Joint CustodyEstablishing a stable environment for children who are already suffering from the painful losses of a separation should be one of the key goals parents seek once they find themselves facing a divorce in DuPage County, IL.

The rewards of Joint Custody go hand in hand with the benefits of friendly divorce tactics that allow families to get on with their lives as quickly and as smoothly as possible.

“In Joint Custody, separated and divorced parents  make the major decisions concerning their children’s upbringing in the same cooperative way that happily married parents do,” says Charlie Asher, a former trial lawyer, who along with his wife Barb, a former social worker and counselor, have created the website www.uptoparents.org, a family charity aimed at helping parents protect their children.

“And, because separated parents with joint custody are raising children between two homes, they actually commit themselves to even better communication and cooperation than is necessary between married couples living under the same roof,” adds Asher.

Asher also explains that the most common issues calling for joint resolution include ones of education, religious upbringing, medical and counseling care and appointment schedules.  But it can also involve any other matter either parents deems important.  Matters such as discipline, curfews, allowance, extracurricular activities, dress, etc.

“Just like in a happy marriage, if one of the parents thinks a child matter is serious enough for the parents to speak and act together, then the parents speak and act together,” adds Asher. “Neither parent acts alone on these matters.”

Some of the features are similar to the tactics required when using cooperative law or collaborative law for working through a civilized divorce in DuPage County. Both want what is best for the kids, and with a friendly divorce, couples join forces in their efforts to:

  • Seek only what is fair,
  • Not hurt the other spouse,
  • Avoid a court battle and the legendary pandemonium,
  • Settle quickly, and
  • Minimize their financial exposure.

Uncontested divorce papers in DuPage County are a start to creating smooth transitions that result in rewarding relationships for both children and parents.

Being open to compromise and considering the feelings of each other can allow divorcing couples to avoid emotional devastation and family problems that can last for decades. It may take even longer to overcome the aftermath of financial disaster.

Do Men Get Screwed In Divorce?

This is an interesting question that has two answers, depending on who you ask. Many of us have heard the expression, “She took me to the cleaners.” This is certainly a popular belief among males, but is it really the norm?

Probably not. We are sure that there are occasions where this is true; however it may not be nearly as accurate as the anecdotal stories would have us believe.

As divorce lawyers practicing in both DuPage and Cook Counties, IL, we see where both sexes have blind-spots and vulnerabilities.

We invite you to ask any male friend or family member if they believe women get a raw deal in divorce.

Or, switch it around, and ask any female if she thinks men get a raw deal in divorce?

The people we have asked not only answer no; they also get a look on their faces suggesting it would be moronic for anyone to answer otherwise. Their automatic no is the result of their perspective.

By definition, perspective is how we see or understand something. It’s our point of view. We do not see things as they are; we see things as we are.

Perspectives are involuntary, subjective, and extremely personal. They are formed over the years by our life experiences, and are almost impossible to change..

Once we have a perspective, everything we observe is seen with this perspective in mind. When we notice things that confirm the righteousness of our view, we accept them as evidence that our perspective is correct. When something does not confirm our view, we minimize, ignore it, or deny its validity.

What is it that causes both males and females to form their initial belief that their gender gets a raw deal in divorce? It is the fact that there are no winners in divorce. When there are no clear winners, both sexes walk away seeing themselves as losers.

There can be no winners because both parties leave the divorce system with less than they had when they entered it (and this is true even before the attorneys get paid). The system cannot give anyone more than they had when the divorce started.

One thing is apparent, with neither sex believing they received a positive result; the only message that can get circulated throughout society is that the gender in question has lost again.

Incidentally, we did a Google search for “Do men get screwed in divorce?” on February 5, 2012 and found 4,230,000 hits. We then did the same search for “Do women get screwed in divorce?” and were surprised to see that this question had 4,500,000 hits.

Can it be concluded from these numbers that getting screwed in the divorce process does not seem to be gender specific?

What to Tell the Children

Divorce Legal Advice - Helpful Parenting Tips

When it comes to understanding the dynamics of a divorce on children a leading expert in the field is Rosalind Sedacca, CCT. Her new book How Do I Tell the Kids has been acclaimed by divorce professionals far and wide. Her website www.HowDoITelltheKids.com is a veritable wealth of information.

Divorce is a concept that makes even adults nervous. It represents the falling curtain on the final performance of part of one’s life. Just because a child is young, does not mean that they do not understand this. They do! Who will I live with? Will I have to move? What about my friends? The list goes on and on.

There are many positive things that parents can do to help their children and it is important to focus on the positive. Pulling a child in one direction or another is a huge mistake. But an equally huge mistake is to assume that they are not aware that the household is in a state of flux.

One piece of advice offered by Rosalind Sedacca concerns the need to focus on change rather than assigning blame and trying to recruit the children to your side of the war once you have broken the news:

Divorce is a scary word. It is wise at this time to talk to your children about change as a natural part of life. “Everything in life keeps changing. You grow bigger, stronger and smarter every year. The seasons change. You change grades and schools as you get older. Change means things will be different in some ways. It doesn’t mean things will be bad. Often change can make things better, and that’s what Mom and Dad want to do.”

Explain that it can take time for us to get used to changes, like starting a new grade with a new teacher. Other times change gives us a chance to do things in a new and better way, like trying a new sport or a hobby you grow to love.

Mention that the changes in our family are not about who’s right or wrong or who’s good or bad. “Mom and Dad both tried their best to resolve our problems. The old way didn’t work for us and now we will be trying a new way for our family to live so there’s more peace, calmness and happiness for us all. Let’s think about how we can see the changes ahead as a new adventure — a brand new chapter in our lives. It may not only be different – it may be better!”

There is great wisdom to be found in her words. Change is not limited to divorce, it is part of life. You may be losing a partner, but your children still have a Mommy and Daddy. Do not let your children become ‘Collateral Damage’ in your problem.

You may write to Rosalind at: talktoroz@bellsouth.net

Cooperative Divorce Law

Chicago and Oak Brook Divorce Attorneys - The Cooperative Approach

Cooperative divorce law has just arrived in Illinois. It is our newest anti-war settlement process. Cooperative divorce joins mediation and collaborative law as our third alternative to fighting it out in court.

The purpose of mediation, collaborative law, and cooperative divorce law is to guide divorcing parties through the dissolution process in a way that enables them to reach an out of court settlement.

All three methods aim to minimize the length, cost, and frustration that are commonly attributed to the divorce legal system. They have the same goal, but they go about it differently. This blog post will explain how each works and how they differ from one another.

Mediation is where a divorcing couple negotiates the terms of their divorce in the presence of a neutral and impartial third-person – a mediator. The mediator assists the parties by directing their conversations in a way that allows them to put their best foot forward.

Divorcing parties who seek an out of court settlement must persuade one another to accept settlement terms that the other party does not want to accept. This involves compromise; and compromise involves salesmanship.

In order to be persuasive, each party must be at his or her best. This is difficult because divorce is a time when both parties are emotionally overloaded and are likely to be at their worst.

The mediator acts like a control tower, and directs the parties’ conversations away from confrontation and toward open-mindedness and acceptance.

If the couple is able to reach a mutually acceptable marital settlement agreement in mediation, they are urged to hire their own lawyers to review the settlement terms. Typically, at least one of the parties engages the services of an attorney to shepherd the divorce through the legal system.

Collaborative Law and Cooperative Divorce Law operate along the same lines, but both parties have attorneys who are present during the actual settlement discussions. The attorneys commit to attempt to create and maintain an atmosphere of sensibility that will promote settlement.

Collaborative and cooperative divorce attorneys have mediation or comparable communication skills training, and employ similar peace-keeping techniques as are used in mediation. The vast majority of the work that the attorneys do is in the presence of the clients at settlement meetings.

The attorneys pledge to use their energies to help the parties achieve a sensible, out of court settlement, and they orchestrate the emotional flow and tone of the discussions accordingly.

If the parties are not able to reach a settlement, cooperative law attorneys may go on to represent their clients in the court system. Collaborative divorce lawyers, on the other hand, are barred from litigating on behalf of their clients. The clients must hire new attorneys to represent them in court.

Many divorce lawyers are mediators, cooperative divorce practitioners, and collaborative lawyers, but can only serve in one of these roles with any given client. The choice of which method to use is determined by the needs and circumstances of the divorcing couple.

Getting Your Spouse to Settle Out of Court – Should You Make the First Offer?

Oak Brook, Illinois and DuPage County - Tips for Negotiating Your Divorce

Conventional wisdom has always warned against being the one to make the first offer during divorce negotiations, strongly advising us to wait for the other side to go first. This point of view insists that the party making the first offer rings a bell that can never be un-rung, that it shortens the playing field, and that it sets a limit on the best deal the offer-making party can ever expect to receive.

However, there are now two professionally accepted schools of thought regarding the advisability of making the first offer.

On the other side of the conventional wisdom coin, a number of top negotiators now believe that the party making the first offer actually gains a superior bargaining position. They feel the first offer indicates strength and confidence and anchors the settlement talks in the offer-making party’s chosen bargaining zone.

Both schools of thought recommend that the parties try to delay getting to the first-offer stage. If the big demands begin too early, the walls of defense start going up prematurely and are likely to snuff out the interchange that is usually needed to serve as a foundation for the big demands.

If you do make the first offer, do it politely and explain why you believe it meets the applicable standard. Always indicate flexibility in your price, and do not start at your bottom line because this leaves no room for compromise.

What do you do if your spouse makes the first offer?

Start by giving off a subtle and respectful flinch. He or she is watching for your reaction. A flinch indicates mild surprise; it is a polite way of indicating your disapproval. People believe what they see more than what they hear. You can usually expect their attitude to be more accommodating after a credible flinch.

Never say yes to a first offer, even if you think it’s a good deal. Doing so will leave your partner with thoughts that they offered too much. You want them to feel they made a good deal and not be kicking themselves later.

Do not say no too quickly. Show that you are considering their position by allowing sufficient time to pass before you respond. If you want your spouse to give serious thought to what you want, you have to give at least the impression of giving serious thought to what your spouse wants.