You’ve probably read or heard a lot about how divorce can be bad for kids. In general, I don’t agree with that idea because it’s been my experience that a home filled with anger, turmoil, or violence is a bad environment for children. And often, divorce is the only choice, so everyone simply has to make the best of it. I’ve talked a lot in the past on this site about how to talk to your child about divorce. Divorce isn’t the only choice though, so let’s talk about other situations you might find yourself in and how to explain them to your children.
Separation
Many couples today find themselves getting separated (legally or not) because the current financial climate makes divorce an expense that is difficult to afford or as a stepping stone to divorce. If you and your spouse do separate, you need to find a way to explain what is happening to your kids. When you are separated, you remain legally married. Some people get separated, then later divorce. Others just separate and never take the final step. If your intention is to divorce, you should explain that to your kids. Let them know you won’t be getting back together and that the legal process may take a while, but that as far as the two of you are concerned, your marriage is truly over.
If you are separating on a trial basis (and many people do this to test the waters), be honest about it with your children. They have friends whose parents have separated and divorced, so it is something they understand. If you haven’t made a final decision, be clear about that. Separation can be difficult for kids (as it is for you!) because everything is up in the air and unsettled. Try to provide as much stability as you can during this time and put a clear parenting plan together.
If you are permanently separating, but do not intend to reunite or divorce, it may be hard to explain this to your child. Most kids see separation as a step towards divorce. If you are choosing to remain legally married for religious, financial, or other reasons, talk about these with your child. Be clear about what you’re doing, how you’re doing it and how it impacts your child. A marriage in name only can be a difficult concept for a child to grasp, so you will likely need to do a lot of talking about this.
Annulment
A lot of people ask me about annulments. An annulment is a legal proceeding, similar to a divorce, in which the marriage is dissolved (note that a religious annulment is an entirely different process). The difference, however, is that an annulment legally erases the marriage because it was invalid from the start. There are several situations in which annulment is possible – one of you wasn’t legally able to marry (under age, already married or not mentally fit to consent) or situations in which fraud or mistake happened, such as when one person lied about his ability to have children or about having some kind of disease. Many people are interested in annulments because they feel like they are a way to wipe the slate clean.
If you have children and get an annulment, does that mean your children are illegitimate? Absolutely not. Every state has laws that say that children of an annulled marriages are legitimate. But then how do you explain this to your kids? Annulment is a complicated idea, so the best way to explain it is to say that it’s almost like a divorce, but means that your marriage is going to be ended because some kind of mistake was made. You no longer want to be married and the court is going to undo your marriage. It’s better not to tell younger kids that it’s as if you were never married. The fact that their parents were once married is something that is very important to them. Answer your child’s questions as best you can and always come back to the fact that this situation is just like a divorce, but it’s called something else.
Unmarried Break Ups
If you and the other parent never married, the end of your relationship is going to be less formal than if you are married. You will probably find yourselves engaged with the legal system to get custody and child support formalized (even if you agree on it), so this can provide a kind of official ending to the relationship and give everyone closure. If you’re breaking up, be clear about your plan with your child. If it is not definitely permanent, explain that. If you know it is the absolute end, you need to talk about it in the same way you would a divorce.
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Mementos of Your Marriage
/in Divorce, Life After Divorce /by SolveDivorcePhotographs
One thing that will be very important to your kids are the family photos. Your instinct might be that you want them out of your house and out of your life, but these are important items for your kids. For one thing, it allows them to hang onto the fact that you were a couple, and a family, at one point. Your children likely have some very happy memories that can be relived through those photos. Don’t toss them, instead save them for your kids. You don’t need to leave framed family photos scattered through the house or a photo album on the coffee table (or digital file on the desktop of your computer), but you should try to save many of them for your kids. They will want to look at them from time to time, and that’s ok. It’s healthy for them to want some visual cues to help them process what happened. You may not want to look at the photos with them and that’s ok too. Give some brief feedback and make yourself busy with something else. Plan to pack those photos up and move them out of the house when your kids move out.
Wedding Rings
You likely removed your wedding rings at some point in your divorce process and obviously don’t plan to wear them again. Some women do take the stones and have them reset into a pendant or other piece of jewelry to wear. If this is what you want to do, you should. You can always pass that new piece of jewelry on. Some people sell their jewelry and that’s an option that is good if it works for you. Be aware that your children (daughters, most likely) will at some point be curious about the jewelry. Some children feel strongly that they would like to have the jewelry or even use it for their own weddings. If you feel uncomfortable with this, be clear that it belongs to you and you can do whatever you want with it. If you refashion it into something else, make it clear that item is a piece you will pass down. If you sell it, you might buy something else with the money that can have some importance for your family. If you need the money to pay bills, that’s fine as well. There are plenty of other items your kids will be able to hang on to.
Mementos
If you’re living in the home you shared with your ex, you probably still see him or her in every corner. Many people remodel, redecorate, or at least make some changes in their home once they are divorced. So what do you do with all the stuff that reminds you too strongly of your ex? Ask yourself if these items will have meaning to your children. A collection of shells you collected on the beach as a family or a souvenir from a family trip to the Grand Canyon are things that have importance to your children. You don’t have to leave them prominently displayed in your living room, but maybe your children would like them in their rooms. These items can also be packed up and stored away until your children are grown when you can hand it all over to them and let them decide what to do with them. This doesn’t mean you should keep every single item—be selective and space-conscious. If you need to do a real purge, ask your kids for their input on what they might like to save.
You may also have notes, letters, cards, and other personal items that were meaningful in your marriage. You are completely within your rights if you want to toss or destroy these, but it’s possible some day your kids might want to see them (if they are appropriate to share). It’s fine to store them in case your kids have an interest in them, but it’s also fine to just get rid of them if you need to.
Strong Feelings about Unexpected Things
All of the things we’ve discussed so far are things that clearly have emotional meanings. Don’t be surprised if your children have strange, unexpected attachments to other things you could never have predicted. The recliner the other parent often sat in, the pile of unused lumber next to the garage, the dusty set of glass jars on a kitchen shelf—things like these can be symbols of the other parent and children can get very upset if they are moved, disposed of, or changed. If your child has a sudden outburst about something unexpected like this, take the time to talk it through. Why does this object or objects matter to her? What do they symbolize? It’s your house and you call the shots, but if there is a compromise, look for it. Would your child like to keep the item (if it’s small!) or some portion for herself? This doesn’t mean giving in and not changing a thing to preserve your child’s fantasy that you will reunite. It’s important to be very clear about that and the fact that as the adult in the house, you make decisions about the home. That being said, having some sensitivity to your child’s feelings will make everything smoother.
Termination of Parental Rights
/in Uncategorized /by SolveDivorceAbuse or Neglect
The most common situation in which a termination happens is in an abuse or neglect proceeding (not a divorce!). A parent is determined to be such a danger to the child’s physical, mental, or emotional health that the parent is completely removed from the situation and the child’s life with no further contact permitted. Even in these kinds of cases, it is considered an extreme measure and is one that takes the court system months or years to arrive at after every other alternative is tried first.
Adoption
When a parent’s rights are terminated in an abuse or neglect situation, the child is placed in foster care with adoption as a goal (at least for younger children). When a parent who is divorced and remarried wants his or her new spouse to adopt the child, a stepparent adoption must take place. However, this can only happen if the other natural parent consents to the adoption by giving up his or her rights to the child, or has his or her rights terminated by the court. A termination in this situation, when it is warranted, is often a good thing for the child. The child is adopted by a loving and involved stepparent who fills those parental shoes in the child’s life.
Other Terminations
Unfortunately, I am often asked about termination of parental rights in other situations. These fall into two general categories: fathers who don’t want to pay any more child support and want to give up their rights to get out of it; and mothers who want to find a way to terminate the father’s rights to get him out of her life (I have never been asked these questions with the genders reversed or in same sex couples, although my answer applies to all situations).
Both of these situations are deeply disturbing. It is appalling that a man would be willing to break all ties with his child and in effect say ‘I no longer want to be part of your life’ just to save some bucks. The damage that is caused by this act is irreparable. The child is clearly told he is not important and does not matter – and that money is of more importance than him. It is disgraceful and appalling. Even if a man has previously had little contact with the child, this legal maneuver still sets the child up very clearly as someone who is not wanted.
The other situation is just as disturbing. There are lots of people who have very difficult relationships with their exes. And of course there are women who have been placed in great danger by a man and want no contact. However, if a court has decided that it is appropriate for that child to have a relationship with that father, the mother must put her personal feelings aside and find a way to make it happen. Yes, it can be a pain sometimes to deal with his BS. Yes, visitation can be an inconvenience. However, to seek to terminate a father’s relationship with his child just because you don’t like him or don’t want to have to navigate the situation any more is inexcusable. Even if that man fails to exercise his visitation, he still is connected to that child and there is a chance that someday he will come to his senses and reestablish a connection. A woman who proactively seeks to remove the father from the child’s life without a good reason is creating a trauma for her own child. The child may one day as an adult feel that this choice was harmful.
Courts Weigh In
There are certainly situations in which termination is appropriate and warranted and courts will respond in those situations. However, in other scenarios, it is very likely the court will not grant the termination that is being sought. In the eyes of the court, a parent and child have a connection that should not be severed without a very good reason. Unfortunately, there are times when courts will grant terminations if both parties agree – the father to get out of child support and the mother to get him out of her life.
Parental termination is not something that should be considered lightly or without extreme circumstances.
Marital Status and Your Kids
/in Uncategorized /by SolveDivorceSeparation
Many couples today find themselves getting separated (legally or not) because the current financial climate makes divorce an expense that is difficult to afford or as a stepping stone to divorce. If you and your spouse do separate, you need to find a way to explain what is happening to your kids. When you are separated, you remain legally married. Some people get separated, then later divorce. Others just separate and never take the final step. If your intention is to divorce, you should explain that to your kids. Let them know you won’t be getting back together and that the legal process may take a while, but that as far as the two of you are concerned, your marriage is truly over.
If you are separating on a trial basis (and many people do this to test the waters), be honest about it with your children. They have friends whose parents have separated and divorced, so it is something they understand. If you haven’t made a final decision, be clear about that. Separation can be difficult for kids (as it is for you!) because everything is up in the air and unsettled. Try to provide as much stability as you can during this time and put a clear parenting plan together.
If you are permanently separating, but do not intend to reunite or divorce, it may be hard to explain this to your child. Most kids see separation as a step towards divorce. If you are choosing to remain legally married for religious, financial, or other reasons, talk about these with your child. Be clear about what you’re doing, how you’re doing it and how it impacts your child. A marriage in name only can be a difficult concept for a child to grasp, so you will likely need to do a lot of talking about this.
Annulment
A lot of people ask me about annulments. An annulment is a legal proceeding, similar to a divorce, in which the marriage is dissolved (note that a religious annulment is an entirely different process). The difference, however, is that an annulment legally erases the marriage because it was invalid from the start. There are several situations in which annulment is possible – one of you wasn’t legally able to marry (under age, already married or not mentally fit to consent) or situations in which fraud or mistake happened, such as when one person lied about his ability to have children or about having some kind of disease. Many people are interested in annulments because they feel like they are a way to wipe the slate clean.
If you have children and get an annulment, does that mean your children are illegitimate? Absolutely not. Every state has laws that say that children of an annulled marriages are legitimate. But then how do you explain this to your kids? Annulment is a complicated idea, so the best way to explain it is to say that it’s almost like a divorce, but means that your marriage is going to be ended because some kind of mistake was made. You no longer want to be married and the court is going to undo your marriage. It’s better not to tell younger kids that it’s as if you were never married. The fact that their parents were once married is something that is very important to them. Answer your child’s questions as best you can and always come back to the fact that this situation is just like a divorce, but it’s called something else.
Unmarried Break Ups
If you and the other parent never married, the end of your relationship is going to be less formal than if you are married. You will probably find yourselves engaged with the legal system to get custody and child support formalized (even if you agree on it), so this can provide a kind of official ending to the relationship and give everyone closure. If you’re breaking up, be clear about your plan with your child. If it is not definitely permanent, explain that. If you know it is the absolute end, you need to talk about it in the same way you would a divorce.
Do You Need a Divorce Financial Planner?
/in Divorce, Finance /by SolveDivorceUnderstand the Overlap
The problem with divorce financial planners is that many of the services they offer overlap with those other more qualified professionals offer. For example, if you are considering the tax ramifications of selling the marital home and distributing a pension plan, you could turn to your tax adviser who specializes in this information. If you are trying to create a budget or work out an investment plan moving forward, you could consult your financial adviser who is an expert in these topics. If you are trying to complete the financial affidavit required for your divorce, your divorce attorney would be an expert in this. If you needed to get an appraisal of a home, jewelry, collectibles, or antiques, you would turn to an appraiser who specializes in that particular area. The best way to get accurate, current information is to work with someone who specializes exactly in that area.
A Combination of Resources
There are some benefits to using a divorce financial planner. He or she provides one stop shopping for all of your financial concerns, so instead of hiring an appraiser, tax specialist, and financial adviser, you could turn to a divorce financial planner to handle all of your concerns. In addition, divorce financial planners are trained to consider all of these issues together and within the context and laws of a divorce, so they may be able to provide a clearer and more complete perspective. If you have a very complex divorce that involves several businesses, homes, investment accounts, and assets it might make sense to work with someone who can look at them as a whole. Additionally, a divorce financial planner is used to working closely with divorce attorneys and may be able to provide the information in a more succinct format, making it more easily able to be used in your case.
There are pros and cons to using a divorce financial planner. In the end, you’ll need to decide if he or she can provide the best services for your needs and if the expense is worth it.
Help Your Child Cope with Parental Relocation
/in Co-parenting, Life After Divorce /by SolveDivorcePlan It Out
The most important thing you need to do when your child is no longer going to be living near the other parent is to sit down and have a detailed talk together as parents about how you’re going to make this work. If you’re the one moving, you may have had to get court permission and a court-approved plan for visitation, but even so, there are details that need to be worked out. It’s essential that, as the residential parent, you make it clear to the other parent that you want his or her relationship with the child to thrive, despite the distance. You need to emphasize that you want to support their relationship.
Spell It Out
Once you and the other parent have a plan, share it with your child. Your goal is to reassure your child that the long-distance parent is still going to have an parenting important role. For younger children, it can help to use to a calendar to show when they will go visit the other parent. Color that area of the calendar in or use stickers to make it stand out. Share all the details of the different ways child and parent will be able to stay in touch in between visits.
Plan Expenses
Discuss travel expenses. If your child will be traveling to visit the other parent, who is going to do the driving, or who is going to pay the airfare? Arguments over these costs are the most common stumbling blocks to long-distance visitation and if you can negotiate them now, you’ll save yourselves, and your child, a lot of heartache later. Many parents share these costs, but if there is a large financial disparity between your incomes it may make sense for the wealthier parent to pick up the cost.
Make a Tech Plan
Schedule regular times for calls, Skype, or FaceTime between parent and child. If your child is old enough, getting him his own phone can make it easier to stay in touch. Create an open door policy so that the other parent can call or text the child at any time.
Share
Non-residential parents often feel out of the loop even when they’re living in the same town with their children, and it can be worse if they are across the country from their child. As the residential parent, make a point to share things that are happening in your child’s life with the other parent. Instead of throwing out homework papers that come home, stuff them all in an envelope and mail them every week or snap photos and text them. Forward along the school or classroom newsletter. Email photos you take of your child and record dance recitals, plays, or important games.
Reach Out
Don’t hesitate to pick up the phone, or encourage your child to do so, to ask the other parent for suggestions for school projects, sympathy over a sprained ankle, or help with a friendship problem. Remember that a lot of the time our work as parents happens when our children reach out to us with a problem. The other parent won’t have the opportunity in those moments unless you encourage your child to reach out.