Keeping The Holidays Happy Despite Your Divorce

shutterstock_85923280These days, as soon as November hits, we are bombarded with all things holiday. From advertisements, to recipes, to school events and water cooler chatter, we just cannot escape the frenzy of this supposedly joyous time of year. However, for those going through a divorce, the holiday season may be more depressing than delightful. Family traditions are altered, children are struggling, and finances are often tight. Nonetheless, there are some steps that you can take to try and make the holidays happy despite your divorce:

1) Think About Your Budget – Finances are frequently a concern during a divorce especially if one party is not working and is solely dependent on the other for financial support.    Nonetheless, if you are able to talk with your spouse, see if you can reach an agreement to set aside certain monies for purchasing gifts for the benefit of your children.  This can be your first step in learning to communicate openly in the best interests of your kids which is a skill you will need to utilize post-divorce nb new balance.  If you don’t feel comfortable speaking with your spouse directly, your attorney can communicate with opposing counsel on your behalf.  If communication is impossible or your spouse is non-responsive, you may need to cut back on the materialism of the holidays and focus on the spirituality instead which is what the holidays are really about anyway.

2) Share Holiday Time – December is a busy month for family lawyers mostly because so many parties are arguing over custody of their children for the holidays.  Don’t spend this time (and your money) litigating.  When thinking about the holidays, try and put aside your self-interest and focus on what is best for your children.  Typically, this is spending time with both parents and their extended family. With the assistance of counsel or directly if this is possible, try and arrive on a holiday schedule for the children that allows them to participate in as many holiday traditions as possible.  If there is a conflict, be flexible.   Children are more than happy to eat two Thanksgiving dinners or open presents at two different homes.  What is most important is to minimize the level of stress and strife for them and for you.

3) Develop New Traditions – The holiday time brings focus to the family and family traditions.  If you are going through a divorce and your family is changing, sadness and depression can take hold.  To break free of these feelings, develop new traditions.  Donate your time to those who are less fortunate.  Visit relatives that you haven’t seen in some time.  Escape on vacation.

4) Ignore Your Ex’s Escapades – Next to custody litigation over holiday schedules, family lawyers spend the holidays listening to their clients complain about their ex’s significant other, including the time that is being spent with this person and the money used to buy them gifts.  Unless your children are being endangered by the new person in your ex’s life or your marital estate is being dissipated with the purchase of extravagant gifts for this person, the healthiest approach to dealing with this situation is to ignore it.  Focusing on what your soon to be former spouse is doing over the holidays and with whom they are spending time will give you no advantage in the divorce but will undoubtedly ruin your holidays retro jordan 2.  Instead, attempt to rebuild your life and move forward.

5) Remember January Is Around the Corner – When you are going through a divorce, the holidays can feel like an eternity.  You need to step back and get some perspective.  January will be here sooner than you know, and oftentimes with a fresh year and a clean slate, parties are more eager to put their differences in the past and resolve their divorces.  Use the downtime during the holidays to consider what you need to resolve your divorce and build a positive future.

The upheaval in life associated with a divorce is difficult any time during the year, but it is especially brutal during the holidays.  Implementing the foregoing tips and relying on the support of friends, relatives and your professional team (lawyers, therapists, etc.) can assist you in surviving the holidays and moving on with your life.

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Dealing With The Marital Home In Divorce

A recent article on reuters.com entitled Splitsville? How to divide property in a divorce discussed the importance of dealing with the marital home in a divorce.  Oftentimes, the marital home is the major marital asset.  It is also an asset to which parties have a strong emotional connection.  They have sunk their money and time into making the home a refuge and a place for their children.  As such, when a divorce occurs and both parties will no longer reside together, the home can become a battleground.

Primarily, the parties must consider whether either of them can afford to keep the home without the financial assistance of the other party (often, by way of an alimony and/or child support award).  Even if one party can afford to keep the home, does it make sense to keep it?  A home requires maintenance, both indoor and outdoor and may prove to be more of a burden instead of a blessing to a newly unmarried person womens air max tavas. Read more ›

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Posted in Divorce

Five Tips To Consider Before You File For Divorce

There is no doubt that divorce is one of the most devastating events that can occur in one’s life.  Whether you are the one filing for divorce or your spouse is filing against you, emotions often cloud reasonable judgment.  This prevents rational decision making.

Nonetheless, there are five tips that you can use to protect yourself before proceeding with a divorce: Read more ›

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Posted in Divorce

The Hague Convention

The Hague Convention, a treaty adopted by over seventy countries, addresses custody matters on an international level.  The most common situation where the Hague Convention comes into play is “wrongful removal” (where one parent takes the child to another country against the wishes of the other parent).  A second type of situation is “wrongful retention” where a parent fails to return a child to his or her original country after a period of temporary residence.  This arises when the child’s parent is aware that the child and the other parent will be residing in a different country, but believes this residency will only be temporary. Read more ›

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The Increased Popularity of Postnuptial Agreements

I was recently asked to comment on television about the increasing popularity of postnuptial agreements. Like a prenuptial agreement, a postnuptial agreement is designed to settle financial issues between married parties especially in the event of divorce or death. The major difference between the two types of agreements is that a prenuptial agreement is entered into before marriage, and a postnuptial agreement comes after marriage.

The natural question is why would someone who is already married enter into a postnuptial agreement when there is absolutely no incentive to do so? Why would someone give up rights to property when they are already married and there is no threat of being left at the altar? Oftentimes, the answer is to remove financial issues from the equation so couples can focus on their relationship and hopefully salvage new new balance trainers. The postnuptial agreement can also provide security to a dependent spouse who fears that he or she will be left destitute in the event of a divorce.

Postnuptial agreements are also helpful to those establishing a small business or partnership. Business owners can agree that their respective spouses sign postnuptial agreements to establish their marital interest in a business, if any. In that way, should a divorce occur, there will no disruption to the business that could otherwise arise with a business valuation incident to a divorce.
A postnuptial agreement is not a new or novel concept. This tool is being used more frequently because couples are increasingly fighting over money. Social media and the ability to communicate on a whim with anyone, chat rooms, etc. also lead to a lack of trust and uncertainty in marriages, so the added security of having an agreement in place can be reassuring. Also with the demise of DOMA, and the increase in benefits for same sex couples, postnuptial agreements become a necessary tool for those who are already married.

In order to assure that a postnuptial agreement is enforceable, there must be a full disclosure of assets and liabilities for both parties, and they must knowingly and willingly enter into the agreement. There cannot be any force or coercion. It is advisable that each party be represented by counsel of their own choosing. Like a prenuptial agreement, a postnuptial agreement cannot permanently resolve issues of child custody or child support as these issues are always modifiable where to buy real jordans for cheap. Lifestyle issues such as weight restrictions, frequency of intercourse, etc. are sometimes included, but difficult to enforce, so are not recommended.

So when tensions rise and you think there are no alternatives, consider a postnuptial agreement, it just may save your marriage.

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Posted in Divorce, Postnuptial
About Family Law Focus
The Family Law Focus blog provides highlights, updates and insights on complex family disputes including divorce, division of property, and alimony; child and spousal support; child custody; domestic violence; pre- and post-nuptial agreements; name changes; and adoption or termination of parental rights.
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The Editor

Attorney Jennifer A. Brandt, chair of Cozen O'Connor's Family Law practice, has represented a wide variety of clients in hundreds of family law cases in Pennsylvania and New Jersey. Jennifer is a regular legal commentator on national and local television outlets such as CNN, Fox New Network, HLN, MSNBC, Fox29, ABC News, NBC and CBS and frequently writes and contributes to articles in numerous publications, including the Huffington Post, Fox Business.com, The PhiIly Post, Avvo.com, Allparenting.com, The Philadelphia Inquirer, The Philadelphia Business Journal, the National Law Journal, and Main Line Today magazine.
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