Thursday, February 28, 2013

Divorce and Technology


 
Was listening to NPR this morning and heard an interesting story.  Goggled it and found the following article by Melissa Knowles in Trending Now at  http://news.yahoo.com/blogs/trending-now/woman-dumps-boyfriend-finding-him-another-woman-online-200641774.html#   entitled, “Woman Dumps Boyfriend After Finding Him with Another Woman in Online Map”

“There is no good way to find out that your significant other is cheating on you, but one woman in Russia discovered her boyfriend's infidelity in a pretty surprising manner. Marina Voinova was looking up an address on Russia's version of Google Maps, Yandex Maps. She wanted to get a closer glimpse of a building using the street view feature. So she zoomed in, and there was her boyfriend Sasha with his arms around another woman.

Well, perhaps it was just an old picture that was taken before he and Marina were a couple. Only problem with that was that Marina and Sasha had been together for five years, and the Yandex Maps feature has only been around for three years. And, the plot thickens: Sasha is seen in the photograph with his arm in a cast, which he had to wear last summer.

When Sasha returned home, Marina asked him to type the address she had looked up into Yandex Maps. Once Sasha saw the incriminating image of himself, Marina said, his entire face changed color and he confessed everything.

Marina promptly broke up with her boyfriend after her discovery and said it would be "silly to blame the Web for my boyfriend's unfaithfulness." Now, instead of searching online maps, Marina is single and searching online dating sites.”

This relates to a recent conversation with an attorney friend.  He attends the Legal Tech show each year.  He advises me that more and more of the show deals with disclosure and production of online data.  Attorney now request this information and are given huge quantities of material that may be difficult for either side to decipher.  As a result contested divorces are now longer and more expensive. Parties are now checking email more.  Requesting all contents of hard drives.  Checking EZ Pass toll records.  It is amazing what people put on Facebook and accessing it is a no brainer. There does not seem to be a limit.  Perhaps this is another good reason to use divorce mediation!

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (270) 2/28/13

 

Thursday, February 21, 2013

DIVORCE AND FRIENDSHIP


Although a divorce professional, very few of my friends have gotten divorced.  One of the complaints that I have heard from couples in my professional capacity is when you divorce your spouse you divorce your friends. As a result, I have always made a very strong attempt to maintain my friendships with my divorced friends.  The irony of this is that I did not divorce them, they divorced me.  There are problems.  Married women don’t feel all that comfortable around newly available women.  Fear that divorce is contagious or he is a threat to his marriage.  If the friend is friend to both, there may be a confidentiality problem which has a chilling effect on conversation. 
I found an interesting article entitled “How to Be a Good Friend to Both Parties in a Divorce” Edited by Foxglove, Sondra C, Lillian May, Khizar Uzair Patel and 11 others.  You can find it at http://www.wikihow.com/Be-a-Good-Friend-to-Both-Parties-in-a-Divorce

The article recommends the following steps to help you be a friend to both.


1.            “Tell them both that you will not choose sides. Be honest with both of them, letting them know that you will accept all calls, emails, etc. from their ex, and will do your best to remain neutral. If there's a problem with that, you'll have to decide then, but don't pretend you're not in contact with the other spouse. Instead, it's best to be honest, but say, "I'm not taking sides. I'm Switzerland." This way neither will be surprised to find out you've heard from the other.
2.            If you do find yourself siding with one, limit contact with the other. Once you've heard both sides of the story (don't pre-judge!), if you realize you are more sympathetic to one (for example, adultery was involved, and you are siding with the spouse who didn't cheat), you will have to decide if you care to continue your friendship with the ex. Clearly, you will at least need to limit your contact to bare minimums to prevent yourself from lecturing or scolding the offender.

3.            Reveal no opinion on who is right or wrong. Unless you know for a fact that something is factual, do not take a position. Each person will have his or her own filter and will be playing back every incident through that filter. He said/she said is never accurate, both perceive the same incidents in completely different ways. Simply listen, be a sounding board, and "reflect" each spouse's feelings back to them.
o             Example: Him: "I just can't believe she'd do this to me, I mean, do you think she is having an affair? How could she?"
o             You: "I don't know, man. I can hear how upset you are, though. It's hard to believe it could go so wrong between you, isn't it?"
o             In other words, don't buy into his wild suppositions, despair, or anger. Simply be there for him.

4.            Expect anything you say to one to get back to the other. There's rarely a mutual and simultaneous parting of the ways. One spouse decides to leave the other. Sometimes it will seem sudden and without warning, but more likely, if the spouse being left is honest, the signs have been there - s/he's just been denying it. Your first compulsion will be to commiserate, and a lot of times, this takes the form of you assuring (for example) the sobbing partner that you can well believe her husband's acting this way - you've seen it with past girlfriends, or whatever. In her frustration, rage, and fear, she will use this validation of her very raw feelings to prove some point to her formerly dearly beloved, and eventually, you will suddenly find yourself on the pointy end of a finger as he accuses you of betraying his secrets.


5.            Resist answering emails from either of them. Although emails are quick and convenient, they're also impersonal and non-retractable. And they are in print. You don't want to put things in writing to either one of your friends right now; you just want to be a good friend. They can't see your sympathetic face, and they also can't put a tone of voice to it. They're going through a very tough time right now, and their nerves are on edge, rubbed raw with emotion - any little joke you make or bit of irony you add in an email is likely to rub them the wrong way, so don't compound an already tough problem by doing this. If you get an email, IM or text from them, call them back. All they need is to hear your voice. It'll help.
6.            If all else fails, detach from both for the duration. This is a last resort, to be taken only if you find yourself being taken to task a second or third time for "betraying a confidence," etc. Remembering the previous step, you must know that each of them is feeling pretty much like they've been chained to a pickup hitch and dragged for a while. Each of them is looking for any little thing they could seize upon to use as a scapegoat - something, anything, to blame for their present difficulties. If you find you present too tempting a target to them, make a polite exit. Tell them both, perhaps via email with each of them in the TO: line, that you love and value the friendship of each of them, but find yourself too far in the middle of things for your comfort. While you want to remain friends with both of them, you are no longer able to continue at the moment, that you want to be sure you do not intrude upon their private hell. Let them know that when it's all over, you'll be there for them both, and that they know how to reach you, but that for the time being, you want to give them the time and space they need to work out their issues once and for all - without you. Even if they try to get you involved, resist temptation.

7.            Listen. Anyone going through a divorce needs someone to listen and not judge. This involves silence when you may not want to be silent. This involves keeping the information you hear confidential even when you are asked by someone what the person said. This involves paying attention when you may have heard the same story more than once.
8.            Pray. Pray for both parties. It will be difficult for them to make it safely to the other side in one piece. Let them know you are praying for them, if they and you are religious.”

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (269) 2/21/13

Friday, February 8, 2013

Divorce and the Second Amendment

 
 
All the current discussions of violence control and the Second Amendment, reminds me of a divorce case I mediated years ago where the Husband asserted his Second Amendment rights.  The dispute concerned a parenting plan for the children.  The Mother had lost a brother in a gun accident. The Father owned guns and asserted his Second Amendment right to guns when the children were with him.  The Mother did not want their children to have parenting time with their Father if there were guns in his home. The Father had stored the guns in a locked “gun locker” but the Mother was not satisfied. If I recall the case was resolved when the Father agreed to not have the guns in his home when he was parenting the children in his home. 
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (269) 2/8/13


Friday, January 25, 2013

Checkbooks, Marriage, and Divorce

The classic joke is “What is the biggest cause of divorce?  Marriage!”  However, in my experience as a mediator more divorces are caused by fights over finances than fights over infidelity.  With this in mind an article by Rachel Louise Ensign entitled “I Do – Now Hands of My Checkbook” in The Wall Street Journal Sunday section of the Arizona Daily Star caught my eye.  See the entire article at http://tiny.cc/cdm0125 I have always been interested in how married couples handle their finances.  Some couples have all joint accounts. We do and have handled the entry problem by having two check books for one account. It resolves the problem of one checkbook and one spouse constantly forgetting to enter items.  Many couples have separate accounts and divide up who pays what bills.  Ensign cites a statistic that 31% of individuals who are married have separate checking accounts.  She also some parental wisdom which states that the secret to a happy marriage is separate checkbooks.    Ensign suggests some things for couples to consider.
1.   How are you going to split shared expenses?
2.   What do your portfolios look like together?
3.   What about assets such as property and businesses?
4.   What would happen if one of you died?
5.   Do you need a postnup?
Of course with the more and more people using credit cards and debit cards this may not be as important anymore or maybe there are just new problems!
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (267) 1/25/13
 


Friday, January 18, 2013

War of the Roses




I recently was in another person’s vehicle when they were listening to KRQ 93.7 in Tucson, Arizona.  The station had a segment called War of the Roses.  I first thought of the English dynastic wars fought between the houses of Lancaster and York for the throne of England. Then I thought of the 1981 movie starring Michael Douglas, Kathleen Turner, and Danny DeVito.  A radio segment was new to me.   More about my thoughts about the program but first a little about War of the Roses on radio.  I checked it out on Wikipedia and found the following:

“The War of the Roses is the name of a radio broadcast radio skit, which is a registered service mark owned by the Capstar Radio Operating Company.

This bit is fake and acted out, either using a script or ad-libbed. This is done due to FCC rules that require broadcasters to notify people that they intend to tape them for broadcast.

The general format of the skit is that the host of a radio show calls man with an offer of free roses then asks the man where he would like to have them delivered. However, the girlfriend or significant other is in fact silently listening to the call the entire time, having previously been contacted by the host.

During the phone call, the host asks the suspect questions that will hopefully reveal the identity of the subject of their affair, and other questions that may help understand the nature of it. For example, the host will typically ask the suspect for one or two sentences to be used as an optional "personal message" to be included with the gift, before asking for the name of the desired recipient. Once the suspect gives up the name and reveals the secret relationship, the spouse or significant other is free to jump in and chastise the guilty party over the phone.

Often, suspects are confused and bewildered when confronted on the phone, because they are unaware that they've been taken in by a ruse, and often believe their significant other is really at home listening on an extension. Suspects who believe this continue with the prize dialogue with the radio station host and continue to embarrass themselves, unaware that the entire call is a prank.

Other suspects turn out to not be cheating at all, and end up sending the roses - and the embarrassment along with them - to their significant other who initiated the call.”

I was amazed that the people went along with and did not just hang up.  Also that the man who just sent flowers to someone other than his wife minimized the new relationship by saying it was nothing and usually wanted to get back with his Wife and dump the girl friend.  Only once so far did I hear a man dump his Wife for the girl friend.  I would have been interested when they called for man and asked who she wanted to send tickets to the Super Bowl to.  Not sure if the results would be different.  I also wondered why the men behaved that way they did and if there was a correlation between a Wife who will call in and the nature of her relationship with her husband.  Was a Wife who was calling in more “shrewish” and did her behavior drive the Husband away from her.  I guess we will need more research to answer these questions.

As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (266) 1/18/13

Friday, January 11, 2013

Marriage Penalty

 
The passage of the “Fiscal Cliff Act” or its real name American Taxpayer Relief Act of 2012 has reminded me of the tax marriage penalty.  This has not been discussed much.
The marriage penalty refers to the higher taxes required from some married couples, where spouses are making approximately the same taxable income, filing one tax return  than for the same two people filing two separate tax returns if they were unmarried. It works to the couple’s advantage when there is a large difference in their incomes. The source of this increase in taxes has its roots in the progressive tax-rate structure in income-tax laws where the combined income of the parties puts them in a higher tax bracket. This law probably discourages some people from getting married. Going back to the “fiscal cliff act,”  it increased marginal income and capital gains tax rates relative to their 2012 levels for annual income over $400,000 ($450,000 for couples) and  phased-out of certain tax deductions and credits for those with incomes over $250,000 ($300,000 for couples).  Note the items in parentheses.  If I understand the act properly a married couple’s tax rate increases when their combined income is in excess of $450,000.  If the same two people were not married it would increase when their combined income was over $800,000. Once again this encourages people not to get married. 
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (265) 1/11/13


Friday, December 28, 2012

Marriage Rules

When driving, I enjoy listening to what use to be books on tape and now is books on CD’s.  I actually listened to all of Moby Dick but usually listen to fiction and mysteries in particular.  I read nonfiction. It was not unheard for me to sit in a parked car so I could hear the end of a book! Occasionally, I listen to something else.  In particular, I like to listen to books which will make me a better mediator. Recently, I listened to “Marriage Rules: A Manual for the Married and the Coupled Up” by Harriet Lerner, Ph.D.   She is a scholar on the psychology of women and family relationships.  In Marriage Rules gives us just over 100 rules that cover all the hot spots in long-term relationships. Marriage Rules offers new solutions to age-old problems ("He won't talk"/"She doesn't want sex") as well as modern ones (your partner's relationship to technology.) She also suggests how to:
• Calm things down and warm them up• Talk straight and fight fair• Listen well as a spiritual practice• Connect with a distant partner• Survive the unique challenges of children, stepchildren and difficult- laws• Follow a 12-step program to overcome defensiveness• Know how and when to draw the line• Take back your marriage when things fall apart
Marriage Rules suggested many ideas which will help me when mediating and in particular help resolve impasses.
As always, you can post any comment about this blog or Divorce Mediation, or just Mediation by following the directions at the right in the green column or at the bottom of this website. Learn more about mediation at http://www.center-divorce-mediation.com/ CDM (264) 12/28/12