The A-B-C’s of Divorce

Divorce can be stressful and confusing. It’s always good to have a plan. So to assure that your divorce goes smoothly, follow these steps – from A to Z. 

A – Ask questions – If you have a question for your attorney, ask it! Asking questions can help you to stay informed and ease any anxiety you may have.

B – Be smart – Think about everything you do and say before you do it, or say it. You should always assume your ex (or soon-to-be-ex) is recording your phone conversations and taking screen shots of your texts, emails, and posts on social media, and that the judge will eventually see them.

C – Create a checklist of things you need to do – After you make the decision to get a divorce, start keeping a list of things you need to do (get any documents together, speak with an attorney, etc.) It will keep you well-organized and prevent you from forgetting something important.

D – Don’t get caught up in your feelings – Try not to make decisions based on your emotions throughout this process. Wait until the storm has passed and you can think more clearly. That’s not to say you can’t have feelings and emotions—you can, and you should. Allow yourself to feel however you are feeling, but don’t act in the heat of the moment; you’ll certainly regret it later.

E – Every case is different – You may have one friend who is telling you how quick and easy her divorce was, while your other friend went through a divorce that took years and was extremely high conflict. Don’t compare yourself to others. Every case is truly so different!

F – Focus on the moment – Take things one step at a time. Thinking about the past and dwelling on things you both could have done differently will not help, nor will thinking about the future and worrying about how things will change. Live in the moment and take it day by day.

G – Get your documents organized – Organize everything! Get copies of any tax and income documents, bank and credit card statements, signed contracts, real estate documents, insurance policies, documents related to investments or retirement accounts, estate planning documents, etc. Getting things together now will save you lots of time, energy, and money in the future!

H – Have reasonable expectations – Try and remember that sometimes things are not as quick and easy as you’d like. Be patient and understand that the divorce process can be long and often exhausting. Try to manage your expectations and be as realistic as possible. If you’re not sure what to expect, talk to your attorney.

I – Identify what makes you happy – Focus on what makes you happy during this difficult time of your life. Find a new hobby, spend time with friends, practice self-care, etc. Do whatever you have to do to feel good!

J – Journal – Keeping a journal is probably one of the best decisions you could make throughout this process. In this journal, jot down all events involving custody and visitation, any conversations you might have had with your soon to be ex, etc. You don’t have to include too many details—just keep it accurate and to the point. That journal could later refresh your memory when the trial rolls around, and you might be able to use it in court to prove that something happened on a certain date.

K – Keep the other parent informed – If you have children, make sure you are keeping the other parent in the loop. Let them know if the child is sick and you made a doctor’s appointment; or of any upcoming school events, conferences, breaks, etc. Send them copies of any report cards, doctor’s notes, and anything else you think they might want to see. Having a good co-parenting relationship with your ex will help your children tremendously in the future.

L – List out your property – On top of compiling lots of documents, it will be super helpful for you to make a list of all your property, such as furniture, vehicles, and other personal items. Be sure to differentiate between property you came into the marriage with, property you got during the marriage, and property you received by gift or inheritance.

M – Manage your stress and anxiety – Try and deal with any stress or anxiety you may have in a positive way. Don’t look to drugs or alcohol, that will certainly not help you in the long term. Getting outside, exercising, eating right, meditating, and practicing self-care are all really great ways to manage your stress and anxiety. It’s also never a bad idea to speak with a licensed therapist; they can teach you techniques to manage your stress and help you talk through your feelings in a really positive way.

N – Never share with others what you have discussed with your attorney – Conversations you have with your attorney and their staff are protected by attorney-client privilege. Once you share what was discussed in your conversation with others, that conversation is no longer privileged and confidential, and you or your attorney could be forced to disclose it in court.

O – Oaths are taken seriously by the court – When you sign court documents, speak in a deposition, or speak in court, you are doing so under oath. Any discrepancies in your stories will lead to a loss of trust by the judge and ultimately can subject you to perjury. Just tell the truth and you will not have to worry!

P – Pace yourself – Divorces can take quite a while to be finalized. Be patient and don’t rush it!

Q – Qualifications are important, but so is how an attorney makes you feel – When you are looking for an attorney, don’t just look at their credentials. While credentials and experience are extremely important, so is how you “click” with your attorney. An attorney should make you feel comfortable and heard.

R – Refrain from speaking negatively in public about your ex – This is truly one of the most important pieces of advice I could give to someone go through divorce. Do not speak negatively about your ex to others, do not speak negatively about them to their friends or family, and most certainly do not post about them on social media!!! This is especially true if you have children. It will not do you any good to badmouth your ex, and it could hurt your court case.

S – Substantiate your claims – Document everything! Organize documents you already have and keep any documents you get throughout this entire process. On top of important documents like tax returns and bank statements, keep other documents like photos, copies of emails, and copies of text messages. These may all be helpful throughout your case.

T – Talk about alternatives to litigation – We believe it is never a bad idea to look to alternatives to litigation, such as mediation, whenever possible. Mediation can be a really peaceful, cost-effective option for both parties. It allows you to be in charge of negotiating the terms of your own divorce and property division, rather than leaving those important decisions to a stranger (the judge).

U – Understand the law and your rights – While it is important to trust that your attorney has a good understanding of the law and your rights, it’s also very important for you to have a basic understanding of those things, too. Having a genuine understanding of the law will help you to make the best decisions possible for you and your family. Take the time to do some research, read some books, and most importantly, ask lots of questions of your attorney.

V – Value the advice you are given – Those who truly value and consider the advice they are given by their attorney are those that are most successful. With that being said, ultimately only you know what’s best for you! Don’t be afraid to talk to your attorney if you are uncomfortable about the case plan.

W – Work hard to keep the peace – It can absolutely be difficult at times to deal with an ex without losing your cool. However, the more you keep the peace, the easier and quicker the process will be! (P.S. – Compromise is a good thing, but that doesn’t mean giving-in to unreasonable demands.)

X – Xpect some stress – Okay, I know this doesn’t actually start with an “x” but it’s close enough! Throughout the process, you can expect that there will be some stress. You will likely feel overwhelmed at times. If you don’t feel like you can deal with the stress on your own, look to a licensed counselor to help you get through it, and lean on family and friends as a source of support.

Y – You do have some control over the outcome – While ultimately there are some parts of divorce that you do not have control over, there are some parts that you do. Make wise decisions, and when in doubt, ask your attorney for advice before you act.

Z – ZZZ (Get some rest!) – Ok, “z” is a hard letter to come up with something for! But really, get those “ZZZs” and make sure you sleep well. Being well rested will help you mentally, physically, and emotionally.

By Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

 

Conflict in Front of the Kids: Why Not to Do It and How to Avoid It

We recently posted an article on our social media about Parental Alienation and its harmful effect on children. But recent child development research shows that even experiencing lower levels of parental conflict can lead to mental health problems for children who are caught in the middle.

The findings of a new Arizona State University research study, titled “Longitudinal Effects of Post-Divorce Interparental Conflict on Children’s Mental Health Problems Through Fear of Abandonment” were published just last week in the Child Development journal. The study, as the title suggests, focused on the lasting effects that post-divorce parental conflicts have on their children’s mental health.

From 2012 to 2015, the researchers surveyed families participating in the ASU New Beginnings Program, asking 559 children (aged 9-18) about their exposure to conflict. The questions included topics like whether after their parents’ divorce their parents fought in front of them, spoke poorly about one another, asked them to carry messages to one another, etc. The study ultimately found that children exposed to parental conflict were more likely to report worrying about being abandoned by one or both parents. Furthermore, children who reported higher fear of abandonment were also more likely to report additional mental health problems 11 months later.

Before conducting this study, researchers hypothesized that kids who had strong relationships with one or both of their parents would experience less fear of abandonment and fewer mental health problems, since strong parent-child relationships generally create a stress buffer for children. However, they did not find a general buffering effect of parenting in this situation.

Karey O’Hara, a research assistant professor of psychology at ASU and the first author on the paper, stated “This was the most surprising finding for us. Good parenting is a very strong and powerful protective factor for all children, especially after a separation or divorce. But based on prior research, we know that the effect of good parenting is complicated in separated/divorced families.” She then added that although good parenting is protective, it may not be enough to cancel out the negative effects of conflict.

Parents can do something about it, though. In her research paper, O’Hara urges parents not to argue or fight in front of the children. She suggests that parents be extra careful when they’re around the other parent if there is a chance for conflict, and that parents make a conscious effort not to say things that might make their children feel like they are caught in the middle and have to pick sides. In other words, she suggests no badmouthing the other parent or asking the child to spy or act as a messenger.

It is also important, particularly given the findings of the study, “for parents to make sure that their children know that although they are separated or divorced, they will continue to care for them,” in order to allay any fears of abandonment that the child might have.

Going through a separation, a divorce, or a contested custody case can certainly be difficult for children that are experiencing it. If you are a parent who is going through, or has gone through, a divorce or separation, take Karey O’Hara’s advice and try to avoid conflict with your ex and putting your children in the middle as much as possible. And if you don’t feel like you can control and mitigate conflict on your own, there is no shame in seeking help—ultimately it will make you a better parent and your children happier and healthier.

By: Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

 

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