Even though the temperatures are still blazing in the desert, days are long and the nights are sultry, for most Arizona kids, summer (meaning the summer break from school) is almost at an end. 

As we approach the 2010 – 2011 school year, you should be asking yourself a few key questions: Click for the full article »

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This month I worked with two very different couples in two very different mediations, and it occurred to me that if you are in the divorce process, you know nothing of other clients’ experiences, which might be helpful in making a decision about mediation.

Here’s the back story:  Couple A (let’s call them Anne and Arturo) and Couple B (Ben and Barb) have more than a few things in common.  They are all working professionals, but at different levels of pay.  Both couples have one young child (Abby and Boris).  They both have moderate debt and assets.  They are all Click for the full article »

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My cousin (who is also an attorney, but not in Arizona and not in family law) sent me a message a few days ago, on behalf of her friend who is getting divorced.  Jana’s question was, “how does Amy choose a divorce attorney and what questions should she be asking?”  

By the time I was finished with the email, I realized that there are probably lots of “Amy” people in the world (both men and women) who are bewildered, confused, scared, and stressed, but still need to make a smart decision.  Here’s what I told Amy ~ Click for the full article »

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We are all familiar with the horror stories about nasty divorces, costing hundreds of thousands of dollars, taking years to complete, and leaving the family in ruins.  Unfortunately, that scenario (or one similar) is pretty much the norm in our society.  The emotion-fueled “intimate war” is promoted and glamorized by Hollywood divorces, daytime television, greedy lawyers, and unenlightened spouses who want to have their “pound of flesh” for sins both real and imagined. 

This woman is not very happy!Can you ever recover from such a traumatic and devastating experience?  Maybe, with a lot of counseling and inner reflection.  On the other hand, we are now seeing the fallout from those types of divorces in adult children – books and web articles abound and none other than Oprah has featured adult children of divorce on her wildly popular talk show.  If you are the divorced person, there are (according to Google) 1.36 million resources on the web, including support groups in every city, at most places of worship, and at community centers.

From where I sit, I think the best recovery program is prevention.  Rather than having to experience and then recover from a bitter and harrowing divorce experience, why not nip it in the bud and avoid the mess in the first place?

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Hay nap

Summer Vacation is just around the corner — only a few weeks away!  I know, it’s hard to believe, and that means trips, child care, and camp.  To make sure that you and your co-parent are on the same page, make sure to review your parenting orders and start planning now.  Here are some things to consider:

  • Give timely notice of your vacation plans, if it’s required by your orders.  Don’t wait until the last minute to let your co-parent know your vacation dates.  Remember, holidays trump vacation, so pay attention to Memorial Day and Independence Day holidays.
  • Provide a detailed itinerary, including mode of travel, route, flight numbers (if applicable), hotel or lodging information, phone numbers, and departure and arrival times.  No, it’s not too much information and it’s not about control or permission.  This type of information can be critical in the event of an emergency situation.
  • Coordinate the child care or summer camp that your child will be attending so that there is no unnecessary overlap or expense.  One-sided decisions about where Joey and Suzi will be spending their summer days is not endearing to your co-parent!
  • Extended family visits require additional coordination.  If you want the kids to go to Grandma and Grandpa’s farm for a month during the summer, consider how that may impact  your co-parent’s summer plans before you make a promise you can’t keep.  First, talk it over with your co-parent to find out if it’s feasible and then consider whether the two of you want to agree on some “make up” time.  Some co-parents simply agree that time away from both parents is “regular” parenting time and there is no “make up” time.  Others conclude that if the kids are with Mother’s family, then it counts as Mother’s parenting time and vice versa.
  • Disneyland or hinterland?  Who gets to decide?  A dangerous game that some co-parents like to play is one-upsmanship.  Dad announces that he’s taking the kids camping in the wilderness of Wyoming, so Mom tells the kids that is the same time she intended to take them to Disneyworld, but “we’ll let the kids decide.”  No, no, no.  While it’s healthy for kids to experience all kinds of vacations with both of their parents — including lousy trips that result in years of story-telling fodder — it’s not healthy for parents to compete and it’s NEVER okay to put the decision-making authority on the kids.  If there is a scheduling conflict and your orders are not clear as to preference, then whomever declared the intention first should have dibs.
  • Who pays?  Generally, the parent taking the children on a trip will pay their way; however, some families manage it differently.  For example, if you both harken from Chicago and want the children to spend time with both families over the summer, it makes sense to share their transportation expenses.  One of our former clients shares the cost of a vacation home in California.  Mom and Dad rent the beach house for a month, with mom going for the first two weeks and dad going for the second two weeks.  The kids have the best deal:  they are on the beach for a whole month without interruption.

The most important thing to keep in mind is this:  your children deserve a happy childhood, so do your best to make sure that they have ample time with both parents and some real quality time with you both.  Try to remember back to your own childhood summers — what are the things you remember most fondly?  I remember things like floating on an inner tube on the lake, catching fireflies in a jar with my cousins, eating Grandma’s homemade peach ice cream on the back porch, and endless hours riding my bike in the park. 

Now, can you recreate that type of experience for your own children?  Can you, in the process, create a little pocket full of your own sweet memories?  Share your best summer co-parenting experiences in the comments section, below, and inspire all of us!

Choose Peace ~ it’s more fun!

Disclaimer: No matter what I write about, it’s not specifically about you — I’ve worked with literally hundreds of clients, most of them in very similar circumstances, so there may be a familiar ring to my stories. Also, I take poetic license with case stories, weaving in my own experiences with those of my colleagues, so each story will be an amalgamation of different people, situations, and outcomes. No matter what I write about, it’s not legal advice directed at you — in order to provide legal advice, I am ethically bound to determine conflicts, get background information, and gather the facts specific to your case. A blog is not legal advice, so please don’t construe it as such.

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Hold, short sell or foreclose?

Oh my, we are in a pickle here in Arizona.  Our real estate bubble burst with a bang and left many homeowners under water and holding real estate — and debt – without equity.  We’re not alone in that dilemma, but we are one of the hardest hit areas of the country and are regularly featured in national news stories about the mortgage lending and foreclosure crisis.

If you are living in an upside down house, love it beyond reason, and intend to stay there the rest of your life, then it’s probably a good idea to hang onto it.  However, if you’re in the midst of a divorce or break up and one salary won’t cover the carrying costs, you are probably having a very different conversation.  And that conversation can be making you anxious, stressed, depressed, sad, angry, resentful, or all of the above! 

While there are many opinions and theories about what you “should” do or “should not” do regarding underwater real estate, in the final analysis, it is a very personal financial decision.  It is not (or should not be) an emotional decision.  Houses are investments, in the form of real property, that you and/or your marital community made.  The investment is neither good nor bad.  The return on investment, however, has made millionaires of some and bankrupted many thousands more.

Clients ask me all the time, “Should we sell, hold, short sell, or foreclose?”  While I don’t pretend to have all the answers to every issue that one simple question implies, I do have two answers. 

One, please call on a professional to assist you in evaluating the issue.  I recommend either Tim Mackey, Mackey Law Firm, or Mick Bernard of Credit Strategies.  Tim can assist you in evaluating your specific case to determine whether you should be holding steady, foreclosing, considering a short sale or even bankruptcy.  Mick can assist you with credit repair and mortgage modification.

Two, consider how much financial damage the debt on your house is causing.  For many people, the stress of carrying too much debt is the straw that breaks the back of their marriage.  Removing that stress may not result in a reconciliation, but it may pave the way for a more relaxed settlement of divorce terms and (if you have kids) a much less stressful co-parenting relationship.  I recently met with a client who was very distraught over the fact that he was paying over $4,500 per month in mortgage payments, yet was not able to meet his small business payroll or pay for his youngest child’s daycare.  Clearly, something has to give!  Another client was amazed at how gracious her mortgage lender was when she applied for a loan modification — even in the midst of a divorce.  Within a few weeks, her loan was modified, in her sole name, and the payments were reduced by almost half.

Your situation is unique, which is why it is important to seek expert advice; however, when you are in the midst of a divorce, hard financial decisions must be made and — always — best interests of your children, spouse, and business should be paramount.

Choose Peace ~ It’s a Good Investment!

Disclaimer: No matter what I write about, it’s not specifically about you — I’ve worked with literally hundreds of clients, most of them in very similar circumstances, so there may be a familiar ring to my stories. Also, I take poetic license with case stories, weaving in my own experiences with those of my colleagues, so each story will be an amalgamation of different people, situations, and outcomes. No matter what I write about, it’s not legal advice directed at you — in order to provide legal advice, I am ethically bound to determine conflicts, get background information, and gather the facts specific to your case. A blog is not legal advice, so please don’t construe it as such.

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Billable Hours
Lawyers are taught at the outset of our careers that the Billable Hour rules the world.  Coming from the business community, I always found the billing practices of law firms to be rather odd.  In most other service industries, the customer obtains a quote or bid or scope of work that outlines what you will pay for the work you want done.  Law firms (as well as accounting, and some other professions), on the other hand, almost always operate on an open-ended contract that often brings a frightful surprise to clients at the end of the month.  A common analogy is taking your car to the garage for repair and the mechanic informs you that he might be able to fix your car, but he’s not sure how long it will take and can only tell you what it will cost when he’s finished fixing it.  Another good comparison is hiring someone to paint your house by the hour.  Either way, an open-ended hourly system of billing invites inefficiencies and does not serve our clients as well as we should.

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The over-arching theme of co-parenting is that “things change” — kids get older, change schools, you and/or your co-parent remarry, you move to a new neighborhood and, all the while, your Parenting Plan is safely tucked away in a file cabinet, becoming an outdated old clunker of a plan.

As we like to say in family law practice, the best Parenting Plans set out “fall back” positions, are filed with the Court, thrown in a drawer, and never see the light of day again … because you and your co-parent are  raising your kids and working together as family members should.  Even in the best co-parenting relationships, situations sometimes arise that will have you digging around looking for that dusty old legal document to figure out what to do next.  And then, when you find it, you may be surprised to find that it says something you didn’t expect or doesn’t say anything at all about your new situation.

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I was inspired to blog about this topic from — of all things — a Champion sportswear ad that posed the question and went on to say, “The summit awaits each of us — and the symbolism of Mount Everest, the highest peak in the world, can help us achieve our own goals and dreams.” 

I see their “Everest” on the faces of people who are struggling through a divorce, who have been climbing a long ascent with few resources and no summit in sight.  They are physically, emotionally, spiritually, and financially exhausted and overwhelmed.  Just like a person climbing Everest, every step is a monumental effort, and they are constantly battling fatigue, depression, limited resources, isolation, and defeat.  Some people never make it to the “summit” of divorce — they never experience the relief of closure, resolution, and peaceful acceptance. 

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Albert Einstein (a fairly smart fellow) said that the definition of insanity was “doing the same thing over and over again and expecting different results.”  In that respect, it’s fairly simple to self-diagnose!  If you’ve been doing the same things over and over and still expect to see different results, you might be insane … or, you might be giving a conditioned response.

Insanity needs attention from someone trained in psychiatry.  (Not my gig.)

Conditioned responses need attention from you, because the only cure for the conditioned response is awareness and a willingness to change.  So what does this have to do with family law?  As it turns out, quite a lot.  You see, if you are repeatedly responding in an unhealthy way to conflicts or issues with your co-parent, expecting THEM to change, you’re probably going to be disappointed (at the very least).

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