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Forgetting About Your Ex

Unfortunately, the quest for love is not always smooth sailing. At some point, most of us will have to endure the heartache of a breakup. Whether you have been in a relationship for years or a few weeks, getting over your ex and moving on can be both a laborious and emotional process. During this time, it is important to remember that you need to take care of yourself and proactively move forward in a healthy direction.

  • Manage your expectations. Most relationships were not built in a day, so it is unrealistic to presume that you can get over your ex overnight. Give yourself some time to work through your feelings. This is important because you will not be able to move on if you have not dealt with your past. If you are having trouble coping, reach out to your friends and family or seek counseling. If you are not in the mood to talk to others about your situation, write your thoughts down in a journal. Suppressing your feelings at this stage in the process can be unhealthy and can cause you more emotional strain later down the road.
  • Accept that your relationship is over. You cannot move on with your life until you let your ex go. If you feel haunted by old photos and/or belongings, get rid of them. Stop communicating with your ex and resist the urge to respond to him/her. Try to avoid running into him/her around town and at social gatherings. The less you see your ex during this period of grieving, the better.
  • Look on the bright side. Remember that there are positives to being single. Often, in relationships, we spend an extensive amount of time catering to the needs of our significant others and we forget about our own needs. Take this opportunity to focus on yourself and cater to your own needs.
  • Stay busy. It is natural to feel lonely after a breakup. Instead of dwelling on what your ex is doing, make plans to hang out with your friends and family. This will help you to take your mind off your breakup for a while.
  • Embrace new experiences and try new things. Whether you go camping, hiking, join a club, take a cooking class, learn to surf, or just make some new friends, you are creating new memories that don’t revolve around your ex. This will help you remember that you can live a happy, healthy life without him/her.

The Phases of Moving On

Once a divorce is finalized, you may decide to move on. Some people may also have family or friends that encourage or force them to move on. It must be noted, forcing oneself to move on can make it harder to recover, we outline some stages people may go through if they do force it. Even if your are ready to take the plunge, you may notice your actions in some of our phases.

  • Bunny Hop - This phase can be seen just as a person starts divorcing or is finalizing their divorce and we call it the “bunny hop” phase, where the person hops from this to that. They may date different people, start internet dating, remove old friends and make new ones, travel, get a new job or try new jobs all together. This period can be necessary to understanding your new self and trying things you never would have before – which is healthy. The problem can substantiate if you never step out of this phase and grieve your marriage. Confronting your failed marriage and the pain or anxiety that comes from it is a necessary step to moving on.
  • Wallowing - This stage is complicated. A recently divorced person has decided to grieve but life has just caught the better of them. Their new relationship ends, they can’t support themselves financially, they bounce from job to job for a significant amount of time, depression sets in and they feel nothing will ever get better. This stage of wallowing is where one can get stuck in cynicism and sullenness. Getting trapped here can be very lonely. Getting the right support, either through friends, family, therapists or joining new social groups can really help someone in this phase.
  • Phoenix - Actually moving on is the phoenix phase, and the symbolism is certainly on purpose. Rising from the ashes of ones divorce having moved past both of the above phases – they have let go of their marriage, they have become self-motivating and accept themselves as a flawed person but forgive themselves for it. This self-realization is empowering and allows them to find their true self. This person is open to new love, never adventures and is happier for it. This doesn’t mean this person will never feel pain or sorrow again or that they won’t think about their divorce one morning and send those old emotions right back to the forefront, but this person has an easier time moving past those moments. One day they realize they haven’t thought about their ex or their marriage for some time -that alone offers comfort and relief.

Moving on isn’t an exact science. It’s a maze one needs to navigate on their own. Our phases above can be experienced in no particular order. Obviously, other factors such as co-parenting children can be a reminder that forces movement from phase to phase as well. In this instance, remember that children grow up at some point. Our takeaway is divorce is a journey that will end eventually and we encourage our clients or anyone going through one to take comfort in that.

There is much to prepare before filing for divorce. To learn what steps you should take before filing divorce, contact our firm and set up a consultation with an attorney.

Should You Keep His Name?

This post is dedicated to all the ladies of Riverside who took a man’s last name, divorced, and don’t know whether they should keep the new last name. And thanks to recent law changes, all the guys who are in the same boat.

In an interesting new trend, many women aren’t going back to their maiden name or keeping their married name—they’re choosing new last names. That name may be a maternal grandmother’s name or another relative important to that person. It’s a reflection of what matters and a symbolic way to truly start over.

Going back to your maiden name can feel like moving backward, and keeping your married name can feel like being stuck in something that didn’t work. So it does make sense why many women, post-divorce or separation, are choosing entirely new last names.

That being said, it may not be the wisest choice for everyone. Think of all the documents, the confusion, and the questions you’ll get. Realize that when your last name is different than your kids’ there are a thousand processes that will naturally be harder.

Here are a few tips:

  1. No matter what your name is, inform everyone. Make a long list of all the people, organizations, companies, etc. that need to know your legal name. Check them all off quickly.
  2. Talk to your friends and family. It’s your decision, but it can be nice to get feedback. It’ll also lessen the blow if it’s an unwanted surprise.
  3. Make a choice and stick to it. Once your name is legally changed, make sure people know and request to be called only that.

Before You Date

If you’re excited to start dating again post-divorce, you should be! There are tons of hot spots in Riverside and Orange County to meet other singles and it can be a great time. However, the game changed a bit (or more) since you were last single, and there are some things you need to be aware of. Have you heard of Tinder? All of the under-30’s have, and they’re probably using the app to date.

Here are some tips from HuffPost readers to help you keep up:

  • You know what you don’t want. Your last marriage showed you that. If you’re still unsure of what you DON’T want, you’re probably not ready to date again. Use dating as a time to figure out what you DO want.
  • Work on you first. If you still have emotional baggage form your divorce, you’re not ready. You should be able to talk about the split without it causing you to get upset.
  • Don’t cling. You may feel lonely and it could cause you to cling to the first halfway decent person you meet. This could lead to a quick ending because most people don’t like clingers, or it might lead you to picking a new unsuitable partner.
  • Ask lots of questions. The best way to get to know someone is to ask questions. You’ll know them by what they say and HOW they respond.
  • The first person you meet won’t be your next husband. Even the 10th may not be. Be patient. You’d rather spend many more years dating than go through another divorce 10 years later.
  • Online dating takes thick skin. You will message people who will never respond. You’ll talk to someone and then he/she will suddenly decide to stop talking to you. People say hurtful things via the Web. Know what you’re getting yourself into.

Top 10 Parenting Tips for Divorced Parents

After your divorce is complete, it should be a relief. Finally, the process is over and you can focus on starting a fresh chapter without your spouse. However, when you add children to that equation, the frustration might be just starting. Not only do you have to continue interacting with your ex-spouse, but it has to be amicable enough maintain a healthy environment for your child.

What do you need to do as a parent to provide your child with a positive outlook on your divorce and a healthy relationship with your ex-spouse?

Read on for the top ten tips on co-parenting after a divorce:

  1. Set feelings of hurt or betrayal aside. This sounds easier said than done, but it is key for maintaining a healthy environment to your child. It’s okay to be angry or hurt, but you do not have to let your feelings dictate your actions. Let your actions be motivated by what is best for your child-which is cooperating with your ex-spouse.
  2. Get your feelings out, but do not vent to your child. You will no doubt need to let out steam occasionally, but it’s important that you don’t badmouth your ex-spouse in front of your child. Your ex-spouse is still your child’s mother or father, and hearing you speak badly of them can be hurtful and confusing to them. Also, emotionally depending on your child in that way is too much pressure for them and may alter your relationship with them. Enlist the help of friends, family, or a counselor for help venting.
  3. Don’t trap your child in the middle. You should not let your child feel like they are being torn between you and your ex-spouse. You may always hold onto some resentment with your ex-spouse, but you need to compartmentalize those feelings for your kids. Never use your children as messengers between you and your ex, which would put them in the middle of your conflict. Try to communicate your ex yourself, because your child has the right to a relationship with the other parent free of your influence.
  4. Don’t use your child against your ex. At this point, you are adjusting to your new family dynamics and way of life. In addition, you are putting your old relationship with your ex in the past and developing a new one. There may be times when custodyissues arise and you and your ex have a disagreement. It is very important that you do not use your child as a bargaining chip when negotiating. This is confusing for your child and will likely cause a lot of resentment in the future from your child.
  5. Don’t “rescue” your child. When speaking to your children, allow them to express exactly how they are feeling. You may be tempted to ‘rescue your child by trying to fix any negative emotion they express. However, it is normal for your child to feel this way, and it is more important for you to validate your children’s feelings and let them know you are there for them no matter what.
  6. Be clear when communicating with your spouse. To avoid conflict, try setting a business-like tone, where you clearly define boundaries. A business-like tone also entails being cordial, respectful, and neutral. Be sure to listen to your ex, and communicate with them consistently.
  7. Improve your relationship with your ex-spouse. Maintaining a cordial relationship with your ex-spouse is in your child’s best interest. To keep a good relationship, you will want to check in with your spouse to ask their opinion on any issues. If necessary, you might want to take the high road and apologize.
  8. Be consistent. Having a consistent environment for your kids will help them feel comfortable and acclimate quicker. Have generally consistent rules and discipline tactics in both homes. You will also want to try for a regular routine or schedule for the child to get used to regarding school, meals, or bedtimes.
  9. Don’t introduce big changes to the family at this time. After having finally ended their unhappy marriage, some parents want to pursue new lifestyles and interests. Though this is fine, this isn’t a good time to implement these changes. Kids thrive on predictability, and the divorce itself was already a big change for them. Give them adequate time to get used to the divorce before making radical changes.
  10. Don’t rush a step-parent connection. Once you do introduce changes into your new life, you may want to introduce a step-parent to your children. Many kids want to rebel against a new

What Does the Divorce Process Look Like?

Starting the divorce process can be daunting, especially when you are not sure of how the process actually proceeds. In general, a divorce follows the same format. Familiarize yourself with the steps and a divorce process might not seem so overwhelming.

First, the petitioner, meaning the party who is initiating the court case, has a few things to decide. The petitioner will want to determine if you qualify for a summary dissolution, which is a quicker and easier way to end a marriage or domestic partnership. If you qualify for a summary dissolution, you will not have to talk to a judge, though it is still in your best interest to consult your lawyer. To qualify for a summary dissolution, you have to have been married for less than 5 years, have no children together, and not own any major assets together. In addition, the petitioner will want to determine where they can file the divorce, including what state and county. They will also want to figure out how much it will cost to file the divorce forms, and if they can afford it. Before the divorce proceedings, the petitioner will want to determine if there are any special procedures or forms for divorce in their county.

Next, the petitioner might want to talk to their spouse to see if they can agree on the terms of the divorce. Keep in mind that this step should NOT be carried out if you are a victim of domestic violence. If you are concerned for your safety, consult with a lawyer or domestic violence counselor for this step. If you can talk with your partner and agree on divorce terms, you may be able to save money on filing fees, like if you work it out so only the petitioner has to file papers in court. Creating an agreement will also cut down on court time. It should also be noted that these conversations do not have to happen early on in the case, rather, they can occur throughout the proceedings. So, do not give up on trying to reach an agreement if one cannot be reached early on.

Next the petitioner will complete and file all the necessary forms, including any forms specific to their local. Filing the forms just entails giving the forms to a court clerk at your courthouse. There is a fee for filing forms; if you cannot afford the fees, you can apply for a fee waiver. Next the respondent (the person being sued) will have copies of the court forms delivered to them in time for the respondent to give the judge their side of the story before a decision is made. This part of the process is called “service of process.” The person who delivered the forms to the respondent fills out a “proof of service” form which the petitioner then files.

After this, the respondent decides if they want to file a response with the court. If not, the judge will make a decision on the case. If they do decide to file a response, the respondent will fill out and file a series of forms within 30 days of being served. Then, those forms will be served to the petitioner. Again, the person who delivers the forms will fill out a proof of service form which the petitioner will file. Both parties then exchange financial documents which state what they own and what they owe, which is called the “preliminary declaration of disclosure.” The preliminary declaration of disclosure helps the parties to come up with a fair way to divide debt and property.

Finally, the court will approve and sign the judgement. This part of the process depends on whether or not the spouses can reach an agreement on the terms of the divorce or not. Next, both parties will have to file a few more forms. If the couple can reach an agreement on the terms, they will not have to go to court and the process will generally be easier and shorter. 6 months after the final forms are filed, the divorce is finalized.

One Woman's Life Changing Journey Up Kilimanjaro

In September 2012, writer Ann Abel’s life imploded. At the beginning of that year, she had a beautiful loft in New York’s East Village, a dream job as a travel editor for a luxury magazine, and a husband who her friends and family were sure was the best thing that ever happened to her. Flash-forward to September, and Abel was working as a freelance writer, living in a Brooklyn apartment with a distant friend, and in the midst of a messy divorce. Crying on the kitchen floor, she felt she had truly reached rock bottom. Shortly after, the new divorcee turned 39, and realizing she was staring a milestone birthday in the face, she decided she needed to do something big.

Abel gave herself the birthday gift of a trip to climb Kilimanjaro. Her plan was to turn 40 years old at the top of the mountain, to prove that she was still, “gutsy, fit, vital, strong, slightly crazy, and young.” She also wanted to prove to herself that despite losing her job, her home, and her husband, she was still standing and as strong as ever. The writer had some experience with hiking and climbing, including climbing a 14 foot mountain in Colorado and and exploring trails like the Appalachian Trail. The writer cites one of the most exhilarating experiences of her life as when she climbed a small peak in New Zealand’s Southern Alps. In fact, it was that feat that inspired her to climb Kilimanjaro to reclaim the adrenaline and sense of accomplishment she felt. Still, none of her experience came close that of climbing the 19,340-foot summit.

So, Abel booked a trip with Wilderness Travels, a luxury travel company who organizes an 8 day journey, as opposed to the standard 5 day trip. The longer hike follows a trail which allows the climbers to acclimatize easier to the thin air as the elevation increases. The trip also included an array of amenities like tables and chairs in the dining tent, chemical toilets, hot water for dishwashing, and a group of 80 porters who acted as guides, chefs, and even carried their gear up the mountain. Surprisingly, the writer found the most difficult part to be resting. While she had mentally and physically prepared herself for the climb, she didn’t know the hardest part would be sleeping on the cold, hard ground, alone with her thoughts. The writer admits to crying for most of the first night.

After the first night, the climb got a little easier. Many of the women on the trip confirmed the had similar feelings, and Abel even met a “kindred spirit” in a fellow woman who was 40 and had gone through a difficult year as well, Susan. Though she still cried most nights, she got lost in the breath-taking scenery. Each day, she found herself more motivated and inspired than ever. The last day was the most brutal. The climbers found themselves at 16,000 feet, where they climbed icy boulders until they reached 18,600 feet. Finally the campers found themselves as the summit at 8am on New Year’s Eve. Abel and her new friends basked in exhilaration and a sense of accomplishment, posing for photos under the Uhuru Peak sign.

On the climb down, Abel felt she was in a strange funk. While she was still proud of herself, she felt she didn’t have anything to look forward to. “I realized that I’d somehow thought I would figure everything out on the mountain,” she writes, “ I’d assumed some magical epiphanies would just happen to me, that I’d find purpose and direction for the second half of my life.” However, she found that she was so focused on physically climbing, she had no energy to use for “soul-searching.” Once she had time to reflect, she realized the point wasn’t to “Figure Everything Out,” rather, the journey reminded her that there is value in the process of healing, and she might even need help sometimes, just like how she needed a lot of help from her guides. “Poly-poly is what the guides constantly reminded us” Abel says, “Slowly, slowly. It pays to be patient, to let things take time, but to work for them instead of expecting them to just come to me without any dedicated thinking of effort.”

Common Tax Question Before and After Divorce

Taxes can be a pain to deal with every year, although they have to be done. On top of pains that comes with taxes, inserting a divorce into the equation can be that much more stressful. However, it doesn’t have to be if you are aware of common questions and issues that come with tax preparation. Luckily, provided below are very common tax questions and answers to those questions. You don’t have to worry about embarking into tax preparation on your own, a nice family law attorney and accountant can be there to assist you and help you find the best suiting financial path.

  • Starting off, some people don’t know that spousal support received is considered taxable income, but it is. The paying spouse can deduct those payments on their own tax returns, so that is something to be aware of. Child support, on the other hand, it not tax deductible or tax includable. Since it comes out of post-tax dollars, it has already been covered for.
  • Existing California and federal law allows the parent with whom the child stayed the greater number of nights is entitled to claim dependency exemption. The other parent, the “noncustodial” parent, usually cannot. However, if you agreed with your ex during the divorce to allow the noncustodial parent to claim the child, the IRS will honor it. It’s common that parents will agree to alternate claiming the child to split tax exemption. If you divorced recently, your spouse needs to fill out IRS form 8332. If you divorced prior to 2008, you just need to attach the divorce court order to your tax return.
  • Since disagreements, hostility, and heated disputes are very common when going through a divorce, it is suggested that you keep detailed records of support payments received, paid etc. to avoid any of those disagreements.
  • Even if your divorce is not considered “final” by the end of the year, you are still allowed to file an individual tax return. It is suggested that you consult with your personal accountant or tax preparer for the best options, but it is likely that they will have you file married but separate or file jointly spouse.
  • When you begin preparing your tax return for the year, it’s suggested that you ask for advice on deducting attorney and/or accountant fees for state and federal income tax purposes if you decide to you down that route.
  • Whenever you start preparing your income tax returns, you should always visit the IRS web site to access the specific manual entitled Tax Information for Divorced and Separated Individuals. This can help additionally with any specific questions or concerns that may arise when filing your taxes for the year.
  • Thankfully, for any spouses whose exes had an inaccurate joint tax return, there are now laws entitled “innocent spouse” that were put into place to protect these victims. If this described situation applies to you, you can find out how you may benefit by visiting the Innocent Spouse and the IRS.

Hopefully, with the tips provided above, this specific information can help you during your divorce and help you better understand the process of tax preparation. Also, your Family Law attorney and accountant can be just as helpful during this process. Don’t be hesitant to ask them questions and for help along the way. Contact your divorce attorney because your financial future depends on it!

What to Do After Your Divorce

After your divorce is finalized, you may be feeling confused as to what steps to take next. There are many relevant issues to consider after your divorce; issues regarding taxes, insurance, child support, and your assets should all be taken into account. If at all possible, you might want to consult a financial advisor before your divorce is final, or at the earliest convenience. Though it may seem overwhelming at first, taking an organized approach can help to put your mind at ease. The steps you take now can help ensure that you have a solid foundation for your new life.

One of the first things you should do after after your divorce is split up your assets and change your insurance beneficiaries. Tell your employer about the separation so that you can change your income tax withholding status, as well as the beneficiary of your employee benefits. Your employer will contact the spouse about the cost of continued health insurance. In addition, now is a good time to change your retirement account beneficiaries, and your last will and testament.

If you haven’t already, be sure to close any credit card accounts that list both you and your spouse, and reopen them in your name alone. While you’re taking care of splitting up assets, you may need to change the title of your car, if it’s determined that only one spouse will take a vehicle that you used to jointly own. To change the title, you will need to file a Notice of Transfer and Release of Liability at the Department of Motor Vehicles. The biggest asset you may need to split could be your 401K. Be sure to work with your attorney to take care of your 401K, as this is a key step to preparing for your future.

Another issue to address is the custody of your children. In California, it is possible to alter the custody, child support, or visitation terms after the divorce is finalized; alterations to these terms are among the most common made. Changes can be made at any time without a significant change in circumstances. Reasons for changes often regard and change in a parent’s work schedule, one of the parents moving, a change in the child’s preference, or one of the parents being deemed irresponsible. If you feel any of these factors apply to you and you’d like to make modifications, consult your attorney, who can help you complete the correct file for a modification.

Once you have taken care of these main issues, you might want to establish a budget. You may need to live off your divorce settlement now, or you could invest your settlement for the long term. Any additional questions regarding taxes or credit can be addressed to your attorney. Compile a list of ny matters about the next steps to take that may be troubling you and inform your attorney about them. After you’ve resolved any confusion, you can focus on starting a fresh chapter of your life.

Common Divorce Mistakes to Aviod

A divorce can be an overwhelming experience, and the last thing you want to worry about is what not to do. However, people make mistakes all the time and it is best to educate yourself and having a great legal team by your side to help guide you along the way is what we are here for. Hopefully, after reading this you will be able to learn about some big mistakes people often make during the divorce process and how to avoid those in futures to come.

Making decisions without fully understanding the implications is a common mistake spouses tend to make. When you file for a divorce, it is important that you understand that assets will have to be divided among both spouses evenly. If you have children, the responsibilities of providing for them will have to be delegated, etc. If you do not fully understand and have control through every step of your divorce, those are permanent decisions you will have to live with.

Beyond that, seven of the worst divorce mistakes to make include the following:

  1. Forcing your children to take your side – never use your children as pawns in the process; always remind them that both parents love them
  2. Don’t be short-sighted about things, such as the television of DVD collection
  3. Your attorney is not your therapist – keep in mind the money you are spending while you complain to him or her
  4. Don’t be nonchalant when it comes to your divorce – no need to call your attorney hourly or even daily, but it’s good to stay on top of your case in a reasonable manner. Rather than constant calls, request a weekly e-mail update.
  5. Don’t scratch mediation off your list – give it a try; what do you have to lose? You may be able to settle all of your issues without a judge doing it for you.
  6. Never bad-mouth your spouse to your children – this person will always be your children’s mom or dad – regardless of your relationship with that person.
  7. Rebound relationships are not healthy – even though you feel you need the comfort or emotional connection with another party, refrain because you are not ready to give another person what they deserve in a relationship.

Dvorce is one of the most common issues in Family Law. It can be simple, fast, and amicable or contentious, complicated, and lengthy. Each divorce has its own circumstances and factors to deal with. If you are thinking about a divorce in Southern California, you will want a family attorney who has experience in helping spouses resolve their differences and who can represent you in the courtroom should your case be required to go to trial. At the family law offices of Holstrom, Block & Parke you will find divorce attorneys who are fully versed in all of the legal aspects of divorce and will ensure that your legal rights are fully protected and that your voice is heard. Call us today!

Can I get an Inexpensive Divorce?

Marriage is still very popular today, but sadly so is divorce. Half of all marriages end in divorce today.

Anyone who has had to pay for the wedding and/or the divorce knows it can be pretty expensive.

You have alternatives to keeping the costs down. You can use a trained mediator who will draw up a proposed divorce settlement which you can take to a lawyer to check out for you. Or, you can do virtually everything yourself. You and your spouse can draw up an agreement, which can be looked over by a lawyer before submitting to the court.

All in all, working with a lawyer could be the best way for you to proceed with your divorce. An experienced divorce lawyer who cares about your welfare may help you win the best possible settlement. However, not every divorce is the same. If you and your spouse have a reasonable relationship despite opting for divorce and you are able to communicate with one another, you could significantly reduce the cost of your divorce.

In addition, aside from lawyer fees, time in court is also costly.

In many instances each spouse hires a lawyer who goes after the other person. They may dig up dirt on you and paint you as a very bad person. They use vindictive behavior to win their case. Not all lawyers are like that. Some aim to achieve the best result for their client without attacking their opponent’s client. These lawyers can be much cheaper because they spend less time attacking and more time negotiating.

By following these tips, you, too, can keep the costs down in your divorce:

  • If at all possible, aim for an uncontested divorce
  • Prepare and spend time making your case
  • Avoid litigation completely
  • Keep the lines of communication open, even if it requires a third party to help do so
  • Make a financial check list, including bank accounts, pension plans, medical insurance, financial investments, assets, debts, etc.

Your divorce can be as expensive or as cheap as you make it. No one wants to add a huge bill to the trauma of a divorce proceeding.

An experienced divorce lawyer could be the best way to handle your divorce,schedule a consultation today, and get all your questions answer, an a walk through of the entire divorce process.

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