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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.

Best Place in the World to be a Mother-& the Worst

Mother’s Day is coming up on May 11th, and in preparation the Save the Children organization disclosed its 15th Annual State of the World’s Mothers global report. This report gathers information on women and children in 178 different countries, and includes a Mother’s Index which ranks them in order of best and worst places to be a mother.

Ranking was based on factors including infant mortality rate, gross national income per capital, maternal death rates, and percentage of women involved in politics. The United States didn’t crack the top ten this year, landing at number 31. The U.S. has fallen significantly from number 30 in 2013, and number 25 in 2012. This decrease in the rankings can be boiled down to a few major factors, such as mother and infant death rates, and percentage of women in politics.

Taking a look at the top ten places to be a mother, it’s easy to deduce where the U.S. falls short. Finland takes first place, followed by Norway and Sweden. Scandinavian countries dominated the rankings due in part to their maternal death rate; less than 1 in 12,000 women are affected by maternal death, while women in America face a 1 in 2,400 chance of dying due to pregnancy related causes. This could be attributed to American women dealing with more high-risk pregnancies, because of more cases of hypertension and obesity.

In addition, American children under the age of 5 face a 7.1 in 1,000 risk of death, while the under-5 mortality rate in Finland is only 1 in 345. Statistically speaking, an American child is three times more likely to die before their fifth birthday than a child living in country from the top 3. The rest of the top ten in descending order are Iceland, Netherlands, Denmark, Spain, Germany, Australia, and Belgium. These countries succeed not only in child and maternal health, but also in education of women and response to emergencies and disasters.

Among the worst places to raise a child was Somalia, Democratic Republic of the Congo, and Niger. Majority of the countries in the bottom ten are in the middle of political conflict, which renders the areas unfit for raising children. Healthcare is also a factor in mother and child safety; many children and women die from diseases such as pneumonia, diarrhea, and malnutrition-conditions which are largely preventable.

As a result, the infant death rate in Somalia is 1 in 7, while 1 in 16 women die due to pregnancy related causes. However, all hope is not lost for these countries. Last year, the worst place to be a mother was Afghanistan, but after providing education for female citizens the country rose 30 spots in the ranking and after providing women and children with basic health care, Nepal increased 60 places in the rankings. Bettering mother and child living conditions in these countries seems to rely on improving education and health care for women.

How Men Can Survive Divorce

Women are often favored in courts, whether we want to believe it or not. They’re viewed as the people who primarily raise the children, and the courts are usually more lenient on women.

So what can men do differently? Let’s look at the top five divorce mistakes men are making…

  1. Using children as pawns. When visitation or custody is a threat, it’s common for any loving dad to react powerfully. But don’t respond the same way. Don’t issue threats, and remember that the truth will come out. If you’re a good parent, Holstrom, Block & Parke attorneys will ensure your rights are protected.
  2. The other woman. We know it may seem obvious, but you’d be surprised how many men start dating or sleeping around before they’re actually divorced. It’s dangerous and will create issues for you. Hold off until it’s finalized.
  3. Not hiring an attorney. Your spouse may try to convince you otherwise, but you DO need our help. Look at the outcomes for men who don’t hire attorneys—it’s not pretty.
  4. Being passive. You may want a calm divorce because you simply just don’t want to fight anymore…but this is probably not the time to stop fighting just yet. You should fight for what is yours when it’s important: money, property, your children, your rights.
  5. Embarrassing your spouse. We’ve all seen the wife on TV get served divorced papers in awkward settings. You may find that comical, but it is NOT smart. Don’t add fuel to the fire unless you absolutely need to.

Tips for Guys Going Through a Divorce

AskMen recently posted some tips for guys going through a divorce trying to make it out alive.

They’re useful tips for our friends, so we thought we’d share them here.

  1. Count Your Marriage as a Sunk Cost
    In the finance world a sunk cost is something that’s already been paid and can’t be recovered. It’s natural to continue trying to save your marriage and your relationship, even if deep down you know that it’s no longer healthy and that it will never work. Once you’re sure it won’t work long-term, swallow that fact, accept it, and move on.
  2. Reconnect with Friends 
    You’ll likely lose a handful of friends during a divorce—it’s almost inevitable. So try reconnecting with older friends. Look up friends you didn’t have time to see when you were married. It’s a good opportunity to reestablish a few relationships, ones that may be necessary if you’re struggling being a single man again.
  3. Get a Lawyer 
    Do it now. Many men wait to get an attorney until it’s too late. Unless you have your J.D. you’re not qualified to know how to handle most of these situations. If you don’t want to pull over and ask for directions- fine; but don’t make that mistake in your divorce legal issues.
  4. Indulge 
    Before you were married you probably had many habits that were for single guys only. Now you can get those habits back! Don’t worry about maybe acting a little young for your age at first. That will pass. Let loose and enjoy yourself as a single guy again.
  5. Find a Hobby 
    Is there something you’ve always wanted to do but you didn’t have time? Or maybe your wife didn’t want you to? Now you can! Its healthy to indulge in self-serving practices for a little while when you get divorced, and it will help take your mind off the divorce.

Is One Spouse Required to Take the Other's Surname?

When a couple gets officially married, you are probably used to seeing the woman take her new husband’s surname. And when that occurs, some of you are probably wondering, is that a required thing to do?

The answer to that question is, no. Women are entitled to their maiden name. However, it is generally a tradition or custom to take on the husband’s surname.

Depending on the state you live in, there can be a statutory authority regarding name change upon marriage. In some states, the woman usually has several options. She can use her birth surname, her spouse’s surname, or a combination of both her surname and her spouse’s surname (which is generally hyphenated).

There are, however, a few states that won’t allow a woman those options. When she is married, she is essentially required as a wife to take her husband’s surname.

If a woman would like to take her spouse’s surname, it us not just an easy 1-2-3 step process. Again, depending on the state that you reside in, they will provide a name change procedure for you. Usually, an individual will be required to fill out an application or petition that will be filed with the courts.

The application will ask for general information such as: the legal name, the name the person wishes to take on, birthdate, age, etc. Name change applications generally take a while to be processed, but it is usually very rare that an application is denied. If you have legitimate reasons for wanting to do a name change, your request will likely be granted.

Now you all are probably wondering, what about a divorce? Do I get to keep my surname or do I have to go back to my maiden name? The answer to that question is, it is completely up to you. The woman has the choice of taking back her maiden name or keeping her married surname.

Protecting Kids From Combative Ex

Many people believe that a divorce will end the issues they had in their marriage and life will become easy. Unfortunately, many of those issues are still around if you’re co-parenting and many other issues car arise from trying to deal with your ex. If you’re dealing with a combative ex, you’re going to face challenges. But psychologist Sherrie Campbell offers these tips to deal with the situation:

  1. Brief Communication: keep your conversations with him/her factual and brief. Be thorough enough to communicate what you need to, but don’t be superficial or emotional.
  2. Don’t talk finances. Eliminate money talk with your children altogether. They don’t need to know those details and there’s rarely anything they can do about it, so keep that stress above their heads.
  3. Privacy: try to communicate via email. Keep your lives separate and keep your children away from someone that may be emotionally harmful to them.
  4. Respecting schedules: stick to the custodial schedule. Try not to switch weekends or ask your ex for a “favor.” You don’t want to owe him/her anything and you want your kids to have consistency.
  5. Remove tension for the kids: If you and your ex can’t be in the same room without drama, don’t go. Or figure out a way to support your kids to the best of your ability without high-tension environments.
  6. You do you. Worry about your own life and let your ex be free to live as he/she wishes. Mind your own business but mindful or your child’s emotions.

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.

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