Loyalty, Trust, Actions….

Loyalty is hard to find.  Trust is easy to lose. Actions speak louder than words.

Your actions will show your loyalty to a loved one and could lose the trust of a loved one.

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Don’t give up…

Don’t give up! With courage and faith you will get through this.

No matter how how things look today there is always a brighter tomorrow.  Don’t give up on your future, don’t give into your past.  Stay strong and keep moving forward.

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You have choices

You have choices each and every day.  Choose wisely….

A choice you make today may have lasting affects on your life.  If you are in the divorce process you need to think about those choices daily.  Don’t gamble with your future.

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Believe…

Believe

in your heart that something wonderful is about to happen.

Love your life.

Believe in your own powers, in your own potential and in your own goodness.

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New Year Resolution for 2017

What is your New Year Resolution for 2017?  Is it to get through the divorce process by the end of the year?  Is it to loose those unwanted pounds that you have put on during the past couple of months? Or maybe your New Year Resolution is to be a happier person?

Divorce Process:

If your New Year Resolution for 2017 is to get through the divorce process you need to remember it is a process, with many people involved.  There is you and your soon to be ex, yourself, your attorney, the attorney representing your soon to be ex, a mediator, the judge and his staff.  You may also have children, therapist and financial individuals involved also.  All of these individuals have schedules and sometimes this creates a problem in scheduling.

One way to make sure that the process goes smoothly on your part is to be proactive in document production and any other request your attorney may have.  You don’t want to be the person responsible for any delays.  Stay on top of updating the documents requested by opposing counsel.

Don’t wait till the last minute to try and figure out what your financial responsibilities are, make time now to figure this out.  Most mediation fail because one party was not prepared.

Also, be realistic in your expectations.  You probably won’t be awarded 100% of everything.  You probably won’t even get 75% of everything.  If you have children neither party will end up with the children 100% of the time unless there is concrete evidence that one parent was extremely abusive.

The best advice for getting through the divorce process in 2017 is to be proactive, prepared and realistic.

Loose those unwanted pounds:

If your New Year Resolution was to loose those unwanted pounds there are many things Warren Goldswain1that you can do to succeed; you can diet or exercise or do both.  What you don’t want to do is to set yourself up for failure.  Start out by setting a realistic goal.  If you convenience yourself that you can loose those ten extra pounds in 2 weeks you are setting yourself up for failure.  You may loose those ten pounds and then turn around and put them right back on.

The first thing you will want to do is decide what is the best way to start loosing those unwanted pounds.  I personally enjoy simply walking.  Walking is probably the cheapest form of exercise because all you need is a pair of good walking shoes.  Walking is also something that you can do at anytime of the day and you can do it anywhere.  I like to start my day out with a walk on then wind down my day with a walk.  I personally enjoy walking outside.  When walking outside you are able to fill your lungs with clean air, you are able to enjoy the site around you, which can change daily and you absorb Vitamin D naturally.

Now before you start making excuses as to why you can’t walk on a regular bases let us take a look at those excuses:

  • “It’s too cold” – No one is saying go for an hour long walk, all you need to do is bundle up and walk around the block, at least you are getting out of the house and moving.  You are getting your blood flowing.  When you get back to your home your checks will be rosy and you will feel exhilarated.
  • “It’s raining” – Well as a doctor pointed out to me – walking in the rain is no different than taking a shower, except that you are clothed.  If you don’t want to get your clothes wet then purchase an in-expensive plastic poncho.  Again, no on is saying you should go for an hour long walk.  Also, it usually doesn’t rain all day and if you feel it is a must you can always to to the closest Mall and walk the Mall.
  • “It’s to hot” – I will admit that in some parts of the United States it get real hot and during the summer it may feel that it never cools off.  Well, again no one is saying to walk for an hour or more but depending on your physical condition even a fifteen minute walk may be difficult.  You may want to look at some of the products on the market that you wear around your cooling points on your body to help you stay cooler. One product line are the Kooler Kollars™ for People.
  • “I’m too busy” – It is so easy to make this excuse, especially if you are going through a divorce.  Between your job, your kids, and everything your legal team wants you to work on you may feel overwhelmed.  Well if you dedicate 15 to 30 minutes a day to walking you will find that your mental attitude will change, which will improve your attitude towards your job and will give you more energy to work on the items your legal teams wants you to work on, and as for the kids – well get them out there with you.

Well now that we have addressed all the reasons why you can’t start with the simplest form of exercise, walking – I hope to see you walking tomorrow and every day there after.  Remember start with a small goal and work your way up.

Be a happier person:

By accomplishing getting your divorce and losing those pounds you may be a happier person at the end of the year, but you should work on being a happier person throughout the year.  Take some time for yourself and figure out what truly makes you happy.  This is a new year and a new you…  be kind to yourself and others.

The most important part of a New Year Resolution is that it be realistic….

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Social Media and Divorce???

How private is private when it comes to Social Media and Divorce????

The Courts are catching up with the age of technology and social media.  We are seeing more and more Courts ordering the Parties to turn over their log-in and passwords to the different social media accounts.  Social media sites are being used by lawyers, private investigators and law enforcement agencies to help find ex-spouses, family members, proof regarding child care and safety, boyfriends, girlfriends and the disposing of community funds and assets and other crimes/criminal acts.

Twenty years ago if you said the words “social media” people would say “what are you talking about”.  Now “social media” is a common phrase.  With the use of social media IPhone Social Mediasites information which would never be shared with family members is now being shared with hundreds of people with the click of a few key strokes.

The first recognizable social media site was created in 1997.  By  1999 the first blogging sites became popular, creating social media sensations that are still popular today.  In 2015 there are numerous social media sites available, with LinkedIn, Facebook and Twitter being the most popular and Tumblr, Spotify, Foursquare, Pinterest, Instagram and others following.  Many of these sites can be linked and allow cross-posting.  Most of these sites have “privacy setting” but how private is private if you have an average of 350 friends/followers seeing your posts.

While LinkedIn has the oldest user base, with the average user being 44.2 years old, it has always been viewed as the site to promote your business, profession or technology advancements.  Your LinkedIn profile is basically your on-line resume, that can be easily updated.   A LinkeIn account can give you information regarding a person’s education and positions, which can assist in determining if the person is under employed.

Facebook started out as our children’s “social media site” but now our children are finding other sites to post on so their parent don’t know everything…  The average Facebook user is 40.5 years old.  There are some people who feel so comfortable on Facebook that they play out their entire lives on this site daily.  Sometime they share TMI (Too Much Information).

The average Twitter user is 37.3 years old and restricts the length of your posts so you may have to get creative in order to get your point or opinion across.  But some people still love to post short messages about their current feelings.

Law Offices having accounts on some of the less known social media sites can come in handy.  A number of years ago while working on a divorce matter as a paralegal, our client had been charged with felony spousal abuse and it was looking as though he would not only end up in prison but would also lose all contact with his child.   Our client had told us that his wife had a history of making accusations of abuse by her ex-partners.  He further told us that she had lost custody of an older child because of her bad behavior.  By searching Classmates.com we were able to take the limited information our client had and locate the wife’s ex-partner, his family and additional members of her family.  When we contacted the ex-partner, not only were, we given the court case number regarding his legal issues with the wife, but we were also given permission to talk to the ex-partner’s attorney and make copies of documents relevant to the current matters at hand.  Once we were able to provide all the data and potential witnesses to the DA they dropped all charges against our client and the Family Court Judge ruled in our client’s favor regarding possession of the minor child.  This matter spanned two states and three counties.  If we would NOT have found the ex-partner the outcome would probably been very different.

While some people may not see a danger in social media and view it as a form of entertainment remind your client that they probably do not personally know each one of their social media friends/followers and now is not the time to be accepting friend requests from individuals they don’t personally know.  Also, your client may tell you that they have “never” posted anything that would be considered inappropriate, but…. we all have at least one social media friend whose posts we question.  Take the time to review your client’s different accounts, and while you may be inclined to advise your client to take down or deactivate their different social media accounts, the best advice would be “JUST DON’T POST”.

For a comprehensive list of different Social Media Sites click here!

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Divorce Attorneys, Do you have your Ducks in a Row????

Mr. Divorce Attorney, Do you have your Finance Ducks in a Row????

Ducks in a Row a

Divorce Attorneys who have their Ducks in a Row usually receive a better outcome for their client’s then those who don’t.  I have been blessed with working with some of the finest Divorce Attorneys in the State.  Recently I was  hired by a wife a mere one week before mediation and only ten days before final trial and saw what can happen when Mr. Attorney has not done his homework and doesn’t have his ducks in a row.

A little background on this case:  Wife had to move out of the marital home with basically the clothes on her back and those on the back of her children at the end of March.  Husband is self employed owning two businesses.  Wife assisted husband with most aspects of the business except finances, husband kept those private.  Temporary Orders were not entered until November, which was when the wife finally began receiving any form of financial assistance from the husband.  Husband’s attorney didn’t file his Inventory and Appraisement until November 17.  The mediation was scheduled for Wednesday, December 3, and final trial was set for December 5.

When I ask the wife what documents they had received she told me they had only received 5 years of income tax returns that had never been filed.  Her husband is self employed (two businesses) and husband’s attorney had gotten the judge to order her to sign the returns without being able to see any of the documents that were used to prepare the returns.  She was able to provide me with additional information relating to the businesses and put me in touch with a couple of ex-clients of her husband.  The wife also told me that she had ask her attorney numerous times about documents and was only told that they had been requested but not presented.  When I ask about a copy of her Inventory and Appraisement I was informed that she had not prepared one.

When I spoke with wife’s attorney he told me that he had received some spreadsheets from husband’s attorney and that he would forward them to me.  He told me that he had told his client that he was afraid that she was wasting the limited amount of funds that she was receiving by hiring an expert.  I ask if he had requested documents and he said that he had but never provided me with a copy of the request or tell me what day the request had been made.  I ask if he had filed a Motion to Compel and was informed that he had NOT.

The afternoon before mediation I was able to contact wife’s attorney and inform him that there was a great likely hood that the Federal Income Tax Return that the wife was forced to sign did not show the proper amount of income and expenses.  I was also able to explain how I had determined what I had anticipated his annual into was, which was more than $100,000 above what he claimed.

At mediation wife’s attorney wanted to begin by offering tens of thousands of dollars less than what was finally agreed to.  When it was just him and myself in the mediation room and I ask about him requesting a continuance and file a Motion to Compel he informed me that the Judge would be mad at him.

Three days later we are at final trial and the only issue to be heard is child support.  The parties have two school age children and husband wanted to pay under $800 per month total and health insurance which was $202. per month.  Wife’s attorney never asks that wife go over her monthly expenses. Husband’s attorney only ask questions regarding the Federal Income Tax Returns that the wife was court ordered to sign.

When the husband testified wife’s attorney questioning was all over the place and had no rhyme or reason to the questions.  I had prepared a list of question, in an orderly format, which would have been easy to follow, prepare a recap while husband was testifying and then recap all sources of income for the Judge.  While the wife’s attorney was questioning the husband the Judge interrupted him and reminded the attorney that he, the Judge, had and appointment that he would need to leave for shortly and that if the attorney was not going to be able to finish his questioning of the husband then he would schedule additional time on another day.  The wife’s attorney choose to end his questioning of the husband.

With the testimony given the Judge made the best ruling he could.  You could actually see him struggling with his ruling.  So now we have a mother who isn’t receiving half of what she needs to support her children and will undoubtedly be back in court next year this time.

What can you do to have your ducks in a row, especially if opposing party is self employed and your client repeatedly tells you that the income being report is incorrect —- hire at the minimum a CDFA™.  A CDFA™ can:

  1. help create a clear understanding of the financial aspects of the parties;
  2. help the client have a clearer view of their financial future and approach a legal settlement that fully address their financial needs and capabilities;
  3. help the client avoid long-term financial pitfalls related to divorce agreements;
  4. assist the client with developing a detailed household budget to present to the court and to use as a post divorce tool;
  5. assist in reducing the amount of apprehension and misunderstanding during the divorce process;
  6. assist the attorney with understanding all forms of income available to the parties;
  7. review Income Tax Returns;
  8. determine if it is necessary to hire a Forensic Accountant;
  9. attend mediation; and
  10. testify in court.
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Jump Off the Divorce Hamster Wheel

Are you on the divorce hamster wheel and all you want to do is jump off???Hamster Wheel with Mom and Child

Would you love to be able to take your time with the tasks at hand, spend a couple of hours relaxing and have the time to connect with those around you???

Being a family law paralegal and a CDFA I cannot tell you how many clients have looked at me like I was crazy when I went over the list of documents I would need them to produce or  how many of them have ask me “and when do you expect me to get this done”.  Besides stressing out about the whole divorce process my clients are trying to figure out their new life and schedules; while some are re-entering the work force others are having to learn how to schedule their children’s activities within their own schedule’s; while others are concerned with what their future holds for them.

While going through the divorce process the majority of people feel that they are always multitasking and have to cut things short to try and get everything done.  They’re stressing about not being able to focus on their children’s needs or focus at work.  They are wondering how they are going to get everything done and  at  times feeling like a failure because they are not able to respond to the requests made by their attorney in a timely manner.

Most people are not in a situation to hire an assistant to take over the divorce process for them.  So if you are a normal person; what can you do to take on this challenge?  Start by closing your eyes and taking a deep breath to begin clearing your mind so you can focus.  How can you begin to clear your mind?  Well the first step is to get a note pad and start Notebook 1writing down what you need to get accomplished.  Yes, I did say “WRITE” it down, don’t type your list on your computer, iPad, or cell phone; “WRITE” it down with a pen or pencil in a spiral notebook or a note pad.

We are in the age of computers, iPads, and cell phones which all have “To Do List”; but there is nothing like actually writing down what you need to do.   Your mind has what is called a “rehearsal loop”.  The “rehearsal loop” passes or transfers information from short-term memory to long-term memory.  The transfer will only take place if you have rehearsed the information several times in your head.  As long as this loop is playing your mind will not begin to clear and you will remain on the hamsters wheel.  There is some neuroscience behind physically writing your list deactivating the “rehearsal loop”.

Now get that pencil and notebook or note pad and start writing down your “TO DO LIST”. To Do List Your “TO DO LIST” is a living list and will be added to periodically, maybe daily.  Once you get your initial list complete, review each task and determine if the task is something that you must do, can delegate for someone else to do, can put the task off or decide you really don’t need to complete the task at all.

Once you have your “TO DO LIST” and you have determined what you need to DO, what can be DELEGATED, what can be DEFERRED and what you can DROP you will set up your calendar and for this your cell phone will come in handy.  Start out by scheduling when you are at work, make sure you schedule your lunch time.  Now schedule what time you must leave the house by in order to get to work on time and also set up a reminder for let’s say 15 minutes before you need to walk out the door.  Then put on your calendar your child(ren) activities that you need to take them to and again set a reminder.  Now start scheduling the other items on your “TO Meeting - AgendaDO LIST”.  If you know that it may take you a number of days to complete the task then make sure you have it listed a number of times on your calendar.  If you enjoy working out then make sure you schedule time for your work outs. Make sure to set reminders for the time allotted for each item.   Think of your phone as your assistant who tells you it is time to move on to a different project.  When the time is up for that item, on that particular day, stop what you are working on and move on to the next item on your schedule.  If you have not completed the task then schedule additional time on a day that you have free time.  If you have additional time scheduled for one of your tasks and then find that you didn’t need that much time you can adjust your schedule by moving other items forward or every once in a while giving the time to you for whatever you want to do.

Continue to update your “To Do List” and use your calendar to schedule when you will be able to get to each item.  If you have children and they come to you and say “Mom/Dad can I do….. or you need to help me with….” you will be able to look at your schedule and let them know exactly when you will be able to assist them with their request.  If you have older children you may be surprised to find that instead of waiting for Mom/Dad they are able to take on the task alone.  You can also use your “To Do List” notebook to keep notes of conversations with your attorney, along with notes of what additional information your divorce team may need you to accumulate.

A “TO DO LIST” forces you to see exactly what you need to accomplish and scheduling those tasks forces you to see how much time you actually have and how long it will take.  Having a complete picture of your day will help with the organization of your life, will help you feel productive and you will be less likely to procrastinate on tackling a task.  Now get off the divorce hamster wheel.

Books you might be interested in reading:

The Organized Mind: Thinking Straight in the Age of Information Overload  By: Daniel J. Levintin

Getting Things Done By: David Allen

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Clean Out The Past

KONICA MINOLTA DIGITAL CAMERA

Clean out the Past, Pack up the Present, and Prepare for a better Future!

Sometimes when you are preparing for a better FUTURE you will need to literally clean out the PAST and pack up the PRESENT; which may mean letting go of items you want.  If you WANT the house that you currently live in you will always have the ghosts of the past and the emotions of the present which may not leave room for a better FUTURE.

 

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Weathering the Storm

Get mad when it rains

Some people create their own storms and then get mad when it rains.  If you are not into weathering the storm don’t create it.

During the divorce process your emotions are probably raging which can cause you to not be proactive or to totally shut down.  By totally shutting down or by putting things off it will cause tension in your life and will usually drive up legal fees because your attorney and their staff will need to spend more time on your case.

 

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