When you board an airplane, the flight attendant’s speech usually includes a welcome statement and requests that you securely fasten your seat belt. Then the attendant will alert you that if needed, oxygen masks will be released overhead and request that you secure your own mask before assisting others. Similar to an emergency plane landing, during a divorce, it is important to make sure to take care of yourself before helping others.
Many clients ask at the outset of their case how to best protect their children in divorce. My answer usually stresses the importance of self-care for the client. After my client has put on their own oxygen mask and taken care of themselves, they will ultimately be able to assist their child best.
As a family law attorney, it is my responsibility to shepherd clients through one of their most difficult situations – divorce. Divorce, for many, is the death of a dream. In this post, I’ve shared five tips that I recommend to clients going through a divorce.
Tip #1: Engage a therapist or mental health professional.
It is important to consider engaging a therapist to guide you through the roller-coaster of emotions associated with divorce. … Keep reading
A lot of emotions and impulses can arise during a divorce, and it’s critical to avoid any behavior that you may regret– including in the courtroom. What’s at stake? Credibility, time, money, custody, and peace of mind, to name a few. Below, read the top 10 behaviors to avoid during a divorce.
Do not put anything in writing that you wouldn’t want to have read aloud in court.
This means no harsh text messages or emails to your spouse, and no nasty messages to friends and family about your spouse either. If you are upset or overwhelmed and need to vent, speak to a therapist or other mental health professional, or, if this isn’t possible, a trusted friend or family member in a private location (and never vent to your children about their parent or stepparent).
Do not put any tracking devices on your spouse’s car or electronics.
Even if you suspect them of having an affair, installing tracking devices or spying on them or their friends will not produce any information that is valuable enough to risk your credibility in court. This type of behavior is frowned on by judges, and infidelity – without something else such as
… Keep reading
When summer and school vacations approach, many divorcing spouses wonder: what happens with the children and the parenting plan? Do I get to take them for vacation, and sign them up for camps? What happens if my coparent refuses to let me take the children to my family reunion that only happens once every ten years?
Summers and school vacations can be stressful due to the changes in routine alone. That stress can be exacerbated by issues communicating with your coparent, or by uncertainty about vacation parenting plans and travel arrangements.
There are no hard and fast rules on these issues under Massachusetts law. However, to minimize stress and disruption for you and, most importantly, for your children, it is useful to know what is typical for coparenting and parenting plans during school and summer vacations, as well as how to address issues that may arise around vacations and coparenting.
A preliminary issue to consider is what is typically ordered by a judge, or agreed to between divorcing parents, as far as summer and school vacation parenting plans:
- February/April Vacations: Massachusetts public schools typically have two week-long vacations, one in February and one in April. These vacations are
… Keep reading
All too often divorce cases involving children end up being hotly contested, with a “win” or “lose” mentality. Inevitably, this mentality results in neither parent winning and the children more often than not losing. While an asset division or support dispute can easily be assessed on a cost-benefit analysis (there is X is in dispute and you will spend Y in attorneys’ fees fighting it), when it comes to child-related issues, there is no price you can put on your child’s best interest. This often results in both parents spending a significant amount of time and money “fighting” to get custody of the children, which invariably causes a polarizing effect on their ability to co-parent the children going forward.
Rather than focus on who is going to “win” custody of the children, both parents should focus on what is truly in their child or children’s best interests, not their own. What works for other families may not work for their family. Both parents should be acutely aware of the individual needs of their child or children and work towards addressing those needs upon separation and divorce.
While it may not work in each case, and while it is certainly … Keep reading
Divorce is hard. Along with all the emotional upheaval associated with the end of a relationship, the legal wrangling and disputes over division of assets, allocation of liabilities, parenting plans and the appropriate amount of support can be challenging. When special needs children are involved, parenting and support issues become even more complex.
Special needs children can place extraordinary demands on their caretakers. In fact, taking care of a special needs child often becomes a full time job for one of the parents. The parent who sacrificed his/her career to care for the child is likely to be faced with on-going caretaking responsibilities beyond the child’s age of majority. Determining spousal support for the caretaker-parent must account for the lost career opportunities both in the past, as well as in the future.
Where a child suffers from a physically debilitating condition, there can be challenges involved in meeting the child’s daily care needs, equipment, and specialized treatments that need to be considered. Parents may not have the financial ability to have two sets of necessary equipment to allow a child to safely spend time in each parent’s home. This creates additional problems when it comes to fashioning a parenting … Keep reading
When you are divorced with kids, Christmas and Hanukkah can become minefields that make previous family headaches look simple. But there’s good news: There are a number of steps that you can take ahead of time to make things better for everyone involved.
It pays to go into the holiday season with a plan. This year, I’m offering three helpful tips that will allow you to do just that.
- Remember and enshrine the idea that the holiday isn’t about you. It’s about making it calm, fun, and memorable for your kids. First, work out the parenting strategy in advance, and let the kids know what is going to happen and when. Make sure you don’t convey to the kids that you are going to be lonely without them. Figure out what you’ll be doing, tell your kids, and let them know that you will have fun and be fine—and that they should have fun and will be fine with the other parent. Kids pick up on emotions very easily and tend to feel responsible for a parent’s happiness in divorce. There is a pretty general standard plan when dealing with Christmas parenting time, assuming the kids aren’t
… Keep reading