Monday, June 28, 2010
Loving your children and dating your attorney
I am involved in a case where the former wife is dating her attorney. I represent the former husband. She has two (2) children. She acts like she is concerned about the welfare of her children and she acts like she is concerned about how the children get along with her former husband, their father. She is a fraud and a fake, as if she actually considered how the children felt about her boyfriend being in a legally adverse relationship with her former husband/father, she would conclude that just the perception to the children will emotionally harm them for the rest of thier lives. Unfortunately, she is so concerned about her alimony check and she is so lazy she will do anything to avoid working, even forever damaging her children by dating her attorney. I wonder how she avoids actually considering the harm of her actions. She does not realize it, but it is affecting her physically, as everytime I see her at a court hearing or deposition or mediation or otherwise, her physical body is deteroriating from her life condition of being lazy and avoidance. It is ok to get a job if it will avoid a toll on your children, and therefore be able to hire and pay an attorney to represent you other than having to date one.
Friday, May 21, 2010
Change
During your divorce case, there will be many changes. Some of your goals and intentions in the beginning of your case may not be the same in the middle or end of your case. Change is a constant. It's okay to change your mind and your desires. Sometimes you will feel secure in the process of your case and sometimes you will feel unsecure in the process of your case. Remember you are working towards an end result, and facts in your life, your spouse's life and your children's lives can change weekly and monthly. If you understand and expect change during your case, it will be much less traumatic for you. Change can be a different or even a good thing to look forward to, as stagnation is rot, and nobody or nothing can grow with or from rot.
Saturday, May 1, 2010
When to Shut up
Often during a client consultation or conference, I am aware that my client is under so much stress and in so much pain that, although my mouth is moving and my words are emitting forth, my client is not hearing a word I am saying. This is a good time for me to remember to stop talking and start listening. (This is also a good time for a client to have confidence in their attorney's ability to do what is right and fair in the long term.) But once I realize it's time to stop talking and start listening, I have been amazed how clients often have the best ideas on how to proceed in their case or how to settle certain matters. I have seen it before, how interesting facts or ideas can suddenly emerge from the client in ways that were not asked or intended. Solutions are tricky and elusive and can occur when you become more aware of listening instead of talking. So, if you don't have any idea what's going on, and why, consider turning your seemingly irrelevant thoughts into specific questions. I do think it's o.k. to ask your attorney to shut up occassionally and just listen. You do have the best ideas.
Tuesday, April 13, 2010
Bad economy Good
In my 48 years of recent existence, I have noticed that people who are broke tend to be nicer and less stuck up. I think a person has time for human interaction and appreciation once they are rid of thier material possessions as those excess material possessions will own the person who possesses, versus what one may percieve as owning their material possessions. I have witnessed friends, clients, colleagues and acquaintances go from what they perceived as being rich to being broke, and you know what, they tend to be nicer and less stuck up once they are broke. So, maybe a bad economy is actually good, to some extent.
Monday, March 29, 2010
Divorcing a narcissist
If your spouse is a Narcissist, your divorce and beyond will be difficult. If you understand how and why your narcissist spouse is acting towards you, the pain will be a bit less, but have no misunderstanding that if you have a child together, it is basically a life of turmoil. Be glad you escaped when you did, as your healing can start. A good book for your understanding and healing is "Surviving the Storm: Strategies and Realities when Divorcing a Narcissist" by Richard Skerritt.
Wednesday, March 10, 2010
25 Years
If you have been married 25 years or longer, you should not expect to make a decision to divorce your spouse and that your emotional pain will just cease. Your decision, once you finally make it, will feel like your decades of problems have been lifted off of your shoulders, but please expect to have proper sadness and grieving in the months to come. If you understand that it is an emotionally painfull process, a sad process that one should grieve, then when you have these feelings they will not be debilitating to your day to day life, and finally a smile will emerge. So, it is ok to cry and then it is ok to smile.
Thursday, February 18, 2010
A Piece of Paper
Your Divorce will end up on a piece of paper, either a Final Judgment of Dissolution of Marriage being an judgment written by a Judge after a trial or a Final Judgment of Dissolution of Marriage incorporating a Marital Settlement Agreement being an agreement agreed to and sign by you and your spouse. The point is you need to be very aware of whether or not you can actually enforce what is written on that piece of paper. For example, if your spouse agrees to pay a credit card debt in your name only and he or she does not pay it, can the Judge do anything to your spouse to make them actually pay it? If it is alimony or child support they were suppose to pay and did not, the Judge can incarcerate (put in jail) you spouse. That is enforcement. But with regard to credit card debt, the Judge is basically powerless to enforce payment of it, and the Judge's options are limited. So, if you agreed to lower or no alimony in exchange for your spouse to pay your credit card debt, you are only receiving a piece of paper with ink on it, which is useless, if your spouse is not honorable and does not pay that credit card debt. Be careful. It is the job of your attorney to advise you whether what you are agreeing to or seeking from the Judge will actually be enforceable after it is ordered. A piece of paper that is not enforceable is a waste of time and money. Do not fall into that trap as I have many consultations with former spouses where the damage is done because their Final Judgment, by not having adequate remedies when their spouse ignores it, is just a worthless piece of paper.
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