Warning: Blogging About Your Divorce Can Be Dangerous...

A man was recently ordered by the judge in his divorce case to cease blogging about his divorce. Apparently his soon to be ex wife asked the court to stop her husband from writing about their divorce on his blog. Does this infringe upon this man's rights under the first amendment? It may. The man in question did not receive a hearing before the judge demanded he stop blogging.

But there is another issue here to consider. If you are currently going through a divorce and letting off steam by by blogging about it online, you run the risk of your ex using the very information you wrote against you in court. Remember the saying never to put anything in writing? Be very careful what you put out on the Internet if you are currently involved in a divorce or custody case. It could come back to haunt you.

The same goes for emails. Do not hit the "send" button after firing off a nasty email to your ex. Ditto for text messaging. You should also be wary of leaving detailed voice messages on your ex's answering machine. This all sounds like common sense, but when you are in a divorce battle with your ex, logic can fly out the window. Never let your emotions get the best of you. If you are feeling angry and upset with your ex, do not call, email, text or blog about him. Instead take out a good old fashion piece of paper and write him a letter. Then take that letter and shred it, burn it or rip it into pieces. You will feel better and you will not run the risk of harming your divorce case.

Will You Have To Sell Your Home During A Divorce?

Whether or not you will be forced to sell your home during a divorce depends upon several factors. If the property is considered a martial asset-meaning it was acquired during the marriage, it is usually subject to equitable distribution, depending on which state you live in. You may want to buy out your husband's share of the equity in the home during your divorce settlement. Or you may chose to sell the home and share the profits.

There are some creative ways to handle the division of your home that you can incorporate into your divorce settlement. If you have small children, you could request that the sale of the home is delayed until your youngest child turns 18 years old. At that point, the home would be sold and the profits would be split between you and your ex husband. There are several things you need to consider with this arrangement. If you are paying the monthly mortgage, taxes and expenses for the home, then those monies should be deducted from your ex's share at the closing. You may also want to have the home appraised and set the amount of equity to be shared at what your house is worth at the time of your divorce. The home will probably be worth much more years later. Your ex would have to agree to this arrangement and be willing to wait for his share of the equity.

Another option is to waive alimony from your ex-husband if you are entitled to it. You then ask for his share of the equity in the martial home in the divorce settlement. If there is enough equity on his part to cover what you would have received in alimony,you can save thousands of dollars in taxes. Alimony is considered taxable income. The equity in your home is exempt up to $250,000 for a single person who has resided in the home as her primary place of residence for two or more years.

Thinking about selling your home during a divorce can be emotionally draining and can negatively affect your children should you have to move. Think over all options, consult with your divorce attorney and an accountant before agreeing to any division of property in your divorce settlement.

For more information on property division during divorce go to:

http://www.divorcenet.com/property_division

How To Behave Inside The Divorce Courtroom

How you behave in the courtroom during your divorce will have an impact on how your case is decided. Make sure to stay calm and in control at all times in the courtroom. Let your lawyer take the lead. Keep your mouth shut. Your attorney speaks for you here, and you should remain silent unless your attorney, or the judge, directs you to speak. When the judge speaks, pay attention. He is the one who decides things, so he is the most important person there. Don’t whisper in your attorney’s ear. If you do whisper, remember that sometimes the microphones at the table are very sensitive, and what you say may be recorded by the courtroom audiotape, and heard by the Court Reporter, even if nobody else hears you.

You may take notes while the judge is speaking, and if you need to you may show these to your attorney, but wait until the judge has finished speaking. This won’t be easy. At times you’ll feel ready to burst. At times you’ll feel angry, and there will be moments when you’ll want to cry. Someone may say something that begs for sarcastic reaction. Pretend you don’t hear. If your attorney is saying something that’s incorrect, or if you feel he or she needs clarification on a point, that’s what your notepad is for. Use it and use it directly.

To the judge you want to look sympathetic, yet intelligent, confident, and secure. Do not twirl your hair, play with your keys, or fix your makeup. Sit upright, and pay attention to every word that is being said. Your future is at stake. Do not look at your ex or his attorney. If your ex takes the stand, remain calm. This may be the most difficult thing for you. He may lie. He may twist every situation. At the very least he will have a view of the situation that is totally opposed to yours. That’s why you are here. Don’t lash out. Don’t lose your temper. Outbursts are not allowed in the courtroom. You must remain composed at all times. And above all, do not make funny faces or expressions of disbelief. Even if they are genuine, the judge may think you are play-acting, and won’t appreciate it. Your future, and that of your children, depends on how you control your behavior in the courtroom.

Dealing with Friends And Family During Divorce

In a divorce it is not just mom, dad, and the kids who are affected. Your parents, siblings, in-laws, uncles, aunts, and friends are all drawn into the conflict. As you begin the divorce process, your tendency will be to think only of your most immediate world: home, children, and property. This is the core that is changing, but that can blind you to the larger world outside. As the process drags on you will discover that your entire range of relationships has changed. Some of these changes are sudden and huge. Others are far subtler.

Whose friend is whose? Will you ever see your in-laws again? What are the fault lines of your children’s loyalties? Will any of their friendships be affected? Much of this turns on the divorce process itself. The nastier it gets, the more difficult these questions become. Can you remain friends with the couple that is still on good terms with your ex? When you’re around them do you have to watch every word you say?

As with all issues of divorce, this one is easier if the split is amicable. If you and your ex are on friendly terms, that feeling will usually extend to his relatives. But if things have been ugly, then relationships change radically. The bitterness in a divorce tends to bleed into far too many other parts of one’s life.

When you are one of the people who are divorcing, you suffer not only the loss of a spouse, but a whole set of people you cared about. These may be people you spoke to candidly, folks with whom you shared holidays and vacations. You may have even thought of them as people you would confide in about anything. Suddenly they are cast into an enemy camp, and you wish you’d never said a word to them.

The easy thing to say is: be strong. The most important thing to say is: go to the friends and family who have stuck with you. When people turn against you, go to those people who are true to you. Your real friends won’t ask you to spell out everything, or to prove anything. They will simply give you love and support, and that is exactly what you need most now.

How To Handle The "I Am So Sorry You Are Divorced" Comment

It can be awkward for a recently divorced woman when she tells

someone she has gotten a divorce. For some reason, most people say

"Oh, I am so sorry". I think people are uncomfortable and do not know

what is the right thing to say to a divorced person. Since divorce is usually

a negative life event, offering condolences seems appropriate.

But what if you have come to accept your divorce and are happier than ever

being a single woman? Here are some snappy and possibly truthful comebacks that you can use that will lighten things up and put everyone at ease:

1." Don't be sorry, I lost 240 lbs!"( or whatever your ex weighed).

2. "Thank you for your concern, but I now have my king size bed all to myself

and best of all there is no snoring man sleeping in it!

3. " Honestly, being divorced isn't so bad. I have both closets, all of the drawer space

and do not have to worry about the toilet seat being left up"

If you keep a sense of humor I am sure you can come up with your own answer to the

"I am so sorry you are divorced" comment that is so popular today.

About To File For Divorce? Two Things You Must Do Now

The next two steps should be taken only if you are certain the breakup is imminent. If you are about to ask your spouse to move, or if you are the one moving, withdraw half of all funds in all joint savings and checking accounts. These are the accounts that are in both of your names. The court may decide otherwise later, but for now, you are entitled to 50% of what’s in them. Take out your money. Leave the remainder for your spouse. While you may be legally entitled to withdraw all of the money in the joint accounts, you should consider what that would look like to the judge who decides your divorce case. If you withdraw only half, you will appear fair, even in the midst of turmoil. Make sure you keep the bank receipts from these transactions. You want to show that what you are taking is exactly half of what’s there on the date of the withdrawal.
Next you must cancel all joint credit cards. Also call and remove your spouse as an additional cardholder on any of your own credit cards. This action will of course alert your spouse that you are leaving, so it is best to do it immediately before leaving, or just before filing for divorce.
Are these extreme measures? Not if you have already decided to file for divorce. If your spouse decides on a split before you do, you may find yourself presented with a situation where all or most of these things have already been done. You may also find that the arrangements aren’t as fair as they should be. If you think your divorce will be amicable, answer this: Have you and your spouse talked about it quietly? Have you each hired an attorney, and selected a neutral mediator to help with the details? If this is not the case, and you have made your decision, and one person’s departure from the home is imminent, then you should take these actions now.

How To Save Money On Divorce Attorney's Fees

You will be able to save yourself thousands of dollars in attorney's fees by helping your lawyer prepare your motions. Remember, the more work you do, the less you have to pay your lawyer. Current divorce attorney rates range form $240 to $500 an hour, and this is not unusual for a large metropolitan area. You pay for the expertise, but sometimes you wind up paying the same rate for things they pass off to their clerks. You have the information, and as you go forward you’ll have a better idea of what you want the law to do. If you do the research, write the motion, and then give it to your attorney to review and edit, you’ll save money and time. Also, you can often focus more clearly on each goal.

Some attorneys, as a matter of professional pride, professional paycheck or both, will not necessarily appreciate you taking it upon yourself to write the motions. Remember to consult with your attorney before deciding that it will be done this way. However, if you do it this way, after your divorce is final, if your ex falls behind on support payments, or you need to modify support or visitation, you will be able to write a motion on your own and not have to pay your attorney.

How To Use Private Investigation To Collect From A Deadbeat

Are you relying on a state agency to help collect past due child support?

Sometimes state agencies drag their feet, and other times they simply can’t get the money. An ex-spouse may find ways to work under the table, or may disappear completely. If you are owed back support, and your state’s child support enforcement agency is not pursuing your ex, and you cannot find out where he works or he is working off the books, then you need to take action.

A little detective work is in order. If you still know people who keep up with your ex, see if you can get one to tell you who he works for. Where is the job? Can you get pictures of him working? Private investigators cost money, but if you were to hire one, these would be the first questions: Where does he work? When does he work there? How much does he make? Hire the investigator for as limited a job as possible. Once the investigator finds out where the job is, you or a friend may be able to do the rest.

There are online “detective agencies” that claim they can give access to bank accounts, whereabouts, and other information. I have tried a few. The results weren’t great. Remember: You can do a lot of investigating on your own and save yourself money. Keep your ears open. Mutual friends and family members are great sources of information. People love to talk. Once they are talking freely they often slip up. As with any other part of this process, this is not something where you want to use your children. However, don’t close your ears to what children say. If you find out key information simply make sure you can explain how you got it in some other way. Often if you simply confirm what you know through others, this can serve as your source. You don’t want to involve your children in any more conflict than you have to, and you don’t want your ex blaming them for something they may not have intended to do.
Deadbeat parents learn many tricks. One is to hide assets by putting them in the name of a girlfriend, new spouse, or parent. That way there is no bank account. Wages (particularly off-the-books payments) go straight into this other person’s bank account. Property is in another name. Your ex may even move to another state. The traveling deadbeat is the hardest one to catch.

In any of these situations you will need hard evidence in the courtroom. Hiring a private investigator may become a necessity. There comes a point where unless you come upon a lucky lead, you will need the skills of a professional. As long as you pick the right detective, and know what you want, your money will be well spent. There are also private agencies that are devoted to support enforcement. These agencies work on a contingency fee, meaning they do not charge you unless they are successful at collecting your support. They do take a percentage of the support collected. Do your homework and be careful when selecting a service like this. Find people who have used them. Call or email these people, and ask them questions about their experience. These groups can be useful, but, as with any support agency, the more you understand about your needs and their services, the better they will do. If you go online and look up “Child Support Enforcement” on yahoo.com or google.com, you will find several agencies to choose from.

The 9 Questions You Must Examine In Mediation

1. Custody.
Care of the children is your most important concern. If custody is shared, what are the terms? If it is not, what is the visitation schedule for the non-custodial parent? Don’t forget holidays and summer vacations.

2. Housing.
Who will retain the family home? Will the martial home be sold and equity split equally? Or will one party keep the house and buy the other out? (In my own divorce I kept the family home. I waived alimony payments in exchange for equity in my home. Alimony is taxable but the equity in your home is not, so keep this option in mind)

3. Alimony and child support.
How much will go to whom?

4. Tuition.
Who will pay for school tuition? Will he pay for private or public universities? Might issues regarding paying for tuition become an issue later? Don’t rely on oral promises, ”Of course I will pay for college!” is often said at mediation but not committed to writing. Unfortunately, in most jurisdictions, once a child is 18, there is nothing the Court can do to force a parent to pay for college.

5. Division of stocks, bonds and other investments.
What is the proper division/liquidation of stocks, bonds, bank accounts, and other holdings and investments? What about the 401K plans, retirement funds, and life insurance? How will this be divided? A minimum amount of life insurance should be a provision of every divorce settlement, without exception.

6. Marital debt.
Who borrowed what? Who charged what?

7. Determination of incomes.
Who made more money? Who contributed what, and what are the values of those contributions?

8. Wills.
Will you have wills drawn naming the children as the beneficiaries?

9. Health insurance.
How will health insurance be addressed?

If you are going into mediation, remember that every aspect of your financial life with your spouse has to be closely scrutinized. These will be weighed in terms of your lifestyle and your standards of living, both together and apart. You will need to itemize all household expenses, household contents, properties, bank accounts, retirement plans, vehicles, furniture, and other items of value. Make sure you take into account all childcare costs, including daycare, religious education, sports, and other after-school activities and lessons. Consider the cost of birthday parties attended, lunch money, school dues, clothing, and camp. If your children are young, adjust for expenses as they grow, and include those projections in your plan.

It’s best for you and your spouse to gather all of this information beforehand; doing this together can be useful. If you find yourselves disagreeing on something, set it aside. Agree to bring up all disputes only when you are with the mediator. If you can do this, then mediation might be the route for you. If you have problems with your spouse while gathering information, it may be a sign of bad times ahead.

How Emails Can Hurt Your Divorce Case

Do you communicate with your soon to be ex by email? If so, here is something you should know. Many divorce lawyers will tell you that email can make or break a divorce case. Remember that it is easy in the heat of anger to send an email that you will regret. With a letter, you at least have to put it in an envelope and put a stamp on it. This gives you time to change your mind. With email, once the button is pushed, it’s gone, and you can’t get it back. Don’t send any emails containing threats, emotional diatribes, or profanity. If you need to use email to negotiate things such as child visitation, stick to the facts.

If your spouse makes an email mistake in your favor, don’t delete it! Save it, print a copy for your lawyer. It might be the most useful evidence you will ever get. Respond briefly that the accusation is not true, without seeming angry. In some courts, silence in the face of an outrageous accusation might be seen as evidence that the accusation is true.

The key is to remember that you must stop and think before emailing, calling or text messaging your spouse. You do not know if your ex is taping your phone conversations. If you find yourself fighting with your spouse by email or phone, then it may be time to consider ceasing all communications and sending all messages to your ex only through your attorney.

Three Potential Pitfalls To Watch Out For In Divorce Court

A court will usually assume that your ex-spouse’s income is that which he was earning after taxes prior to the divorce. But what if your ex was working off the books? What if he hardly paid any taxes? This is something you will have to deal with early in the divorce process, when the judge is determining support levels to be maintained during the actual settlement. If you have a spouse who is making a good living, but paying little or nothing in taxes, you must discuss this with your lawyer. It may be impossible to deal with this directly in court without shutting off your spouse’s income, or greatly reducing what he gets. In such a circumstance you may want to look into alternatives, such as large cash or property settlements, if they are possible.
If your spouse is still working, but is suddenly making much less at the moment of your divorce, make sure your lawyer knows this and, if necessary, points it out. At any point in the divorce, or post-decree proceedings, a judge will become suspicious of someone who was making a decent living prior to a divorce and is suddenly broke.
Another problem comes with “disability.” Many men develop disabilities the moment they see support payments ahead. Don’t stand for it. Again, unless they can bring in a doctor and prove their disability, this won’t fly in the courtroom.

How To Protect Yourself In Divorce Court


I recently met a woman who has been divorced for about the same amount of time I have-about 2 years. She was telling me a story about how she recently took her ex-husband back to court to increase his child support obligation for their four children.

What she told me next was shocking and disturbing.Even though her ex was making more money than when their divorce was finalized,his support was actually LOWERED by the judge! She is now expected to support four kids on only $203 dollars a week.

How did this happen? Well, first of all,she filed a motion on her own ,without a lawyer's help,to modify the support order. That is fine, and you can do that, but you must first prepare and gather your evidence before bringing your spouse to court. Although her ex was ordered to show proof of his income, he never supplied the court with his tax returns and the judge recalculated the child support based on his income from 2 years ago.

Was this fair? No. But the family court system rarely is.Since the judge reviewed her case without requiring her and her ex to be present, he probably spent about 5 minutes glancing over the paperwork and made a decision based on misinformation that is financially hurting the children.

Whether you are thinking about divorce, in the middle of a divorce battle right now or already divorced, you need to realize that the family court system cannot be trusted to protect your rights in your divorce.

You must be proactive. Do not assume the judge will do the "right thing".The system just does not work that way. It is overcrowded and filled with some money hungry divorce lawyers ready to pounce and take every penny they can from both you and your spouse.

Now I am not saying that all divorce lawyers are unethical or that all Family Court Judges do not care,but my divorce cost me $40,000 and a year and half stuck in the family court system.

Protect yourself and your finances. Don't go to court unprepared or rely completely on your divorce attorney. Gather your own evidence to bring into court. Make sure to have copies of all important documents and proof of all assets owned.

If you would like a step-by-step plan to save thousands on attorney fees, protect yourself financially and maintain your current lifestyle, go to:

http://www.secretsofdivorce.com/ and receive a free chapter of the best selling divorce book,
Seven Secrets to a Successful Divorce-what every woman needs to know

Keeping positive during a divorce

If you are facing a divorce, you may be feeling very depressed and upset. These feelings are very normal. You cannot predict what is going to happen when you get married. Some marriages work and others do not. It is important to understand that this is not the end of the world and things like this happen all the time.

You are not a bad person because you are getting a divorce. If you and your spouse cannot longer get along, there is no reason to live together in a situation that makes you unhappy. You need to worry about your future and the well being of yourself and your children if any. Sometimes a divorce can be avoided with the help of a marriage counselor, but often there is just no hope.

Altohugh it is difficult to keep a positive outlook when you are going through a divorce., you cannot let yourself be taken down by what is happening around you. If you are being accused of untruthful accusations, you have to keep strong so that you can defend your name and your reputation.

Do not give up. You have to gather all of your strength an inner resources. If you are determined to get something that is rightfully yours, you need to stand up for it. Getting what you want in a divorce is not always possible, but you have to stand up for what you believe in.

Keep yourself surrounded by others that are positive as well. Keeping your friends and family around you is important. You need to make sure there is humor and laughter in your life even though you may feel like falling apart. This will keep you in a state of positive energy and keep you ready for what is ahead.

Once the divorce is over and done with no matter what the outcome, you have to be ready to go on with your life. You may not believe it now, but you will have an exciting new life to look forward to and make your dreams come true. Your life is not over even if you think that it is. There are always second chances and you deserve to have one. Your time will come for love again and if it does not, you will know that you are better off without your spouse.

You are being given a chance to start over again and you get to choose whether your life will be filled with happiness and joy or bitterness and hate. Slowly over time you will begin to let go of the bitter feelings that once consumed you.

Remember life is a choice. What happens to you ultimately is based upon how you choose to live your life.

I wanted to share this amazing article written by my friend, author Natasha J. Rosewood:

SEPARATING PEACEFULLY
by
Natasha J. Rosewood


Parting can be such sweet sorrow . . . or hell on earth. The only constant is change. But because we are always either infecting or affecting others, it is how we deal with those changing relationships that reflect what we are really made of.
All kinds of people come and go in our lives, some leaving footprints in our hearts and some leaving a hole in our souls and/or our bank accounts. So what price do we pay for perpetrating more anger and hurt during a separation? We can make a different choice. We can choose to separate peacefully.
Although each separation is as unique as the individuals involved—the following tips offer a way to leave our relationships with grace and our souls intact.
Don’t leave it too late. Take positive action while you still have something to salvage in the relationship.
Focus on a higher purpose than yourself. E.g. Your children or world peace. Then keep your eye and heart on the goal. Don’t waver from that vision!
Remove yourself from the game. Walk away from the who-did-or-didn’t-do-what power (less) struggle. If you have safety concerns while dealing with the other person, contact your local social services.
4. Treat the other person as able and willing. People often unconsciously respond and behave according to that higher version of themselves.
Speak the truth with compassion. When communicating your grievances, use the sandwich technique; positive (e.g. I appreciate you for this . . .), negative (However, I feel hurt/angry/disrespected when you) and always finish with positive (I would like to . . . remain friends/thank you for . . .).
Take responsibility for your part in the breakdown of the relationship. Once we accept our part in creating the problem, we also have the power to solve it.
Welcome the opportunity to grow. Whether we are the "dumper" or the "dumpee," we can acknowledge that this milestone is an opportunity for a new life.
Say thank you for all that person has taught you. Give each other something good to take away from the relationship. Be specific and be generous in your praise.
Give above and beyond. “Generosity is the virtue that creates peace,” say the Buddhists. Give more than is fair or expected or what the lawyer tells you. (If you follow these tips, you won’t need a lawyer.)
Embrace the FEAR. (Fictional Evidence Appearing Real) Be aware of what your fear is and ask yourself if it is, indeed, real. Only deal in facts, not emotions.
Ask for help. You are probably hurting. The physical equivalent of what you are experiencing might be having your skinned ripped off, exposing raw nerves. Get support from counselors, friends, family or strangers. You are not alone unless you choose to be.
Be kind to yourself and the other person. If you are the dumper, you may have being going through the leaving-grieving process for years. If your loved one is ambushed by your departure, give them time to catch up and come to terms with it. Be gentle in all your dealings.
The greatest gift of all in separating peacefully is knowing that although the context of your relationship has changed, you can look back with pride. Perhaps you have inspired others to do the same. Because if peace begins with you, here is your opportunity to bring peace to the world. Amen/Awomen!

Natasha J. Rosewood is an International Psychic Coach, Facilitator and Author of Aaagh! I Think I’m Psychic (And You Can Be Too). For details about her services, to purchase her book or subscribe to her newsletter visit: www.natashapsychic.com.