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top 10 articles to help start the divorce process.

Top 10 Articles to Help Start the Divorce Process

If you’re currently considering filing for a divorce or are just at the start of the divorce process, here are some articles that we believe will help you along the way.

The Divorce Magazine has several accessible, informative and essential legal articles that will help start the divorce process and beyond.  The vast majority of our articles are authored by qualified divorce professionals who are always willing to speak with you should you have any questions.

The most common question we get is from those of you who have lost your original marriage certificate and are wondering how to get a divorce without a marriage certificate; here are two articles that may help:  Can I get Divorced Without my Lost Marriage Certificate UK? and Lost your Marriage Certificate?

Again, if you have any questions on how to start the divorce process without your marriage certificate, please do get in touch with the solicitors who have contributed the articles. We are sure they will be able to help you.

Here are links to Top 10 Articles to Help Start the Divorce Process:

  1. How the Divorce Process Works
  2. What are the Grounds for Divorce in the UK?
  3. How to get Divorced – The Divorce Papers
  4. What Is The Average Cost Of Divorce?
  5. Pension Sharing on Divorce
  6. What is a Financial Order and why you MUST get one
  7. Can I get an Online Divorce?
  8. Divorce Proceedings and Financial Applications Uncoupled
  9. Family Mediation Definition and What to Expect
  10. What you need to know about Collaborative Divorce 

It is often said that January is the “Divorce Season”, whether this is the case on not truly depends on whom you ask, but here is an article on “Six-step Formula to Surviving the ‘Divorce Season

The Divorce Magazine is all about helping couples going through divorce, as well as those going through separation, do so in the most amicable, cost effective way. We will therefore, never publish any article that we deem to be encouraging acrimony between couples or encouraging harmful behaviour during the divorce or separation process.

If you are stuck in any way and are unsure which way to turn, please do get in touch and we will try and direct you to the right person or people.  Or you could have a look through our The Divorce Magazine Directory.

All the Best!

Photo by Zoriana Stakhniv on Unsplash

Separated and Divorced Parents Need to Make Arrangements for Christmas NOW.

Daniel Rushton
Head of Family Law
Grindeys Solicitors

Don’t let your troubled relationship ruin the magic of Christmas!

For separated or divorced parents, Christmas can be difficult. Each parent wanting to share the joy of their children throughout the festive period and not necessarily wanting the inconvenience of sharing that joy with their ex.

However, the likelihood is that your child, or children, will want both parents involved. If they do spend Christmas with just one parent, they are likely to want reassurance that the parent they don’t see hasn’t rejected them in anyway or, that the other parent missing out is OK.

Below are some useful tips that may help estranged parents agree arrangements for their children in the hope that the whole family can enjoy a wonderful and stress free Christmas.

  1. Think ahead

Talk to your former partner now about what you would like to happen.  It’s likely that both of you will want quality time with your children.

Take into account the fact that each of you will want a chance to see your child open their presents and to spend time with members of your respective families you may not see that often.

Some parents find that alternating Christmas works well, so that each parent is guaranteed to have every other Christmas with their child and on their year off they may have them on Boxing Day instead.

Others are happy to split Christmas Day in half, so that one parent has their child on Christmas Eve and Christmas morning and the other has them Christmas afternoon and for most of Boxing Day.

  1. Handover arrangements are important

Think about transport arrangements if one or both of you is likely to have had a drink and how you will accommodate your child’s almost inevitable desire to take presents they have already opened with them.

Consider asking family or friends to get involved in collecting or dropping off your child if this would help but choose relatives that will keep the atmosphere amicable.

  1. Communication is essential

Whatever their age, knowing which parent they will be with and when, and if they are likely to see you together, can help avoid uncertainty and anxiety.

If your child is old enough to understand what is going on, then it is a good idea to explain the arrangements you have agreed.  While young children may be happy to fit in with your plans, teenagers may have plans of their own which need to be considered.

Christmas is a busy time of the year, with school plays and parties as well as family commitments to fit in.

  1. Mediation may help

If you and your former partner cannot agree on arrangements for your child that work for everyone, talk to your solicitor about how mediation could help.

Sometimes, working with a neutral person with no vested interest in the outcome (other than the happiness of your child) can help to resolve deep-rooted differences in opinion and find creative solutions you may not have previously considered.

If you have a Child Arrangements Order in place, it is likely that the question of what will happen at Christmas will have already been agreed, but it is still possible that problems may arise, particularly if you or your former partner want to make different arrangements this year.

  1. A court order may be necessary

Talk to your solicitor now if your former partner is being difficult because the court tends to see an increase in applications around this time of year, which means you may have to wait for your case to be heard.

You will also need to attend a mediation information and assessment meeting which can take time to organise.

Click here for more articles by Daniel Rushton

ABOUT DANIEL RUSHTON

Daniel has over 20 years’ experience as a specialist family law solicitor. He is Head of the Family Law team at Grindeys Solicitors based in Stoke on Trent.

Daniel has a particular interest and experience in dealing with business owners, company directors and members of the medical profession in matrimonial situations. For this type of work a solicitor who understands your business accounts and business structure is vital to obtain the best financial settlement possible.

Recent cases include one involving an international business and extremely valuable assets and pensions, as well as property abroad.

He has acted for numerous doctors and other medical professionals, council workers, police officers and serving members of the armed services. In twenty-three years, Daniel has dealt with all walks of life and will adopt a professional yet caring approach to your situation.

Email: daniel.rushton@grindeys.com

Letters to Linda – Getting through this Divorce and Beyond

Linda Simpson
Linda Simpson
Writer and Speaker

Dear Linda

I am engaged to a woman who has not yet divorced her former husband. We have been together several years and have a two year old son. Her children from the former marriage live with us as their father has been dealing with drug and alcohol addictions. He is creating a number of problems in the divorce proceedings. The children are angry at him and the world. I am angry and frustrated and my fiancé feels guilty and responsible for all the stress. How can I manoeuvre the next few months and get through to our wedding?

 

That’s a lot of reasons to feel angry and frustrated. First and foremost you need to take care of yourself. You are expected to be a support to your fiancé, parent your step children and parent your own child. These are very personal and emotional expectations.

Are the divorce demands going to escalate? Would mediation help? You can ask your fiancé’s lawyer about how to mitigate the problems that have arisen. Guilt is a part of the divorce process no matter what the circumstances. Resolving the divorce problems will help resolve some of that guilt.

Next you need to ask yourself if the wedding should go ahead in a few months or could you wait until there is less stress in your family. If there are reasons that you want to be married straight away after the divorce then perhaps have a short ceremony and plan a celebration with family and friends when life is more settled. Your special day should be filled with happiness.

Are your step children feeling positive about the marriage? They live with you but they are ‘angry and frustrated’. Is that solely because of their father’s problems or are there other things bothering them?

A child deals with problems from a child’s perspective. They do not have adult coping skills. At any age, anger is often an outward expression over the loss of personal control. Your step children have watched as their own family unraveled and now there is most likely a fear of what the future might bring with this new family makeup. They are probably worried about their own father as well as their place in the family.

Understanding that there are reasons for the anger, frustration, and guilt will help you cope and be a support to your family.

A children’s counselor can be very helpful. A counselor is an objective third party and a good one will help your step children develop strategies to deal with their anger. As much as we parents try to help and counsel our children, sometimes what they really need is an impartial perspective.

The following link provides information about children’s mental health issues and counseling options.

http://www.counselling-directory.org.uk/childrelatedissues.html

 

Whatever it is that you need help, advice or support  with contact Linda at letterstolinda@thedivorcemagazine.co.uk.  We will never print your name nor email.

MORE LETTERS TO LINDA CAN BE FOUND HERE

 

ABOUT LINDA SIMPSON

I take strength from your calm, your honesty, and the hope you give me for my future.” Cheryl 

Linda is a fresh voice in the divorce advice world. She offers a pragmatic, common sense approach to life after divorce issues based on over twenty years surviving and thriving following a very traumatic divorce.

As a single parent, her sons are an enormous source of joy in her life. She is a loving mother and grandmother to four delightful grandchildren.

She holds a degree from the University of Waterloo with concentrations in sociology and philosophy and guidance counselling certification from Queen’s University.

She is an accredited trainer for The Peace Education Foundation, a leader in conflict resolution training. The institute is ‘dedicated to educating children and adults in the dynamics of conflict resolution and promoting peacemaking skills in home, schools, and community.’

In a long and successful teaching career, she also served as a counsellor and workshop facilitator for SEL (social emotional learning) programming and The Peace Education Foundation throughout her school and school district and was a frequent conference presenter for SUNY Potsdam Faculty of Education USA.

She writes for The Divorce Magazine UK and her blog is seen regularly on Huffington Post Canada where the focus is life after divorce and parenting issues.

She is a writer and poet and is presently at work on a book based on her divorce experience.

depression divorce

Depression, Divorce and Mental Health – A Brief Overview

Dr Russell Foster
Consultant Psychiatrist

Throughout life things change, unfortunately not always for the best.

While some changes are usually considered good, such as getting through the last day of school, winning the lottery or the start of the summer, life does not always go the way we want it to.

This has given rise to the notion of’ life events’, which can affect us in many different ways.

Among the more stressful life events is that of divorce, which for most people will invoke a number of thoughts, feelings and ideas, most of which are unlikely to be positive.

Indeed, divorce has myriad impacts and connotations, with a key one being its impact on those directly involved, including friends and family. Not surprisingly, divorce can result in mental health problems.

This article aims to address the following key questions, albeit in brief detail:

  1. How can I tell if I’m depressed (symptoms) as opposed to feeling low due to my divorce? (Difference between grief and depression)?
  2. What treatment options are there for depression and when is it advisable to see a doctor?

Stress

Divorce, like many life events is stressful, with stress being one of those terms that we all use and seem to understand, but the term does have a number of meanings and impacts, and not all stress is bad, although obviously this is somewhat subjective. Here is a definition of stress: “An uncomfortable “emotional experience accompanied by predictable biochemical, physiological and behavioral changes”. [1] It is likely that applying this definition to divorce will not result in too much disagreement, and it is clear that stress and mental disorders can and do have links.

 

Grief versus Depression

So, How can I tell if I’m depressed as opposed to feeling low due to my divorce? In other words, what is the difference between grief and depression?

This question is rather complex, given that what in commonly referred to grief and depression are interpreted differently by psychiatrists.

Let’s start with grief; this is a normal human reaction to certain events, namely some sort of loss.

It is associated with a range of emotions, thoughts, feelings, actions, responses and outcomes and many theories have been proposed to explain it. Like most human experiences it is perhaps better thought of as a process rather than as a single ‘thing’, and thus its impact will depend on the individual in question with different people reacting in different ways.

A key theory of grief, that was proposed by Kubler-Ross, [2] suggests that it comprises of 5 stages (denial, anger, bargaining, depression and acceptance).

George Bonanno, an American professor of Psychology [3] identified four ‘trajectories’ (outcomes) of grief (resilience, recovery, chronic dysfunction, delayed grief or trauma) and suggests that it is an absence of symptoms which is the desired outcome and that resilience is an innate human ability that cannot be taught.

How true this is remains subject to debate and further research.

Adjustment Disorder

There are many diagnoses in psychiatry, and the diagnosis of adjustment disorder is applied to the reaction to a stressful life event such as divorce.

Here are the diagnostic criteria for adjustment disorder according to one of the main diagnostic classification systems currently in use, the DSM-5: [4]

  1. Emotional or behavioral symptoms develop in response to an identifiable stressor or stressors within three months of the onset of the stressor(s);
  2. The symptoms or behaviors are clinically significant, as evidenced by one or both of the following: (a) marked distress that is out of proportion to the severity or intensity of the stressor, even when external context and cultural factors that might influence symptom severity and presentation are taken into account; and (b) significant impairment in social, occupational, or other areas of functioning;
  3. The stress-related disturbance does not meet criteria for another mental disorder and is not merely an exacerbation of a preexisting mental disorder;
  4. The symptoms do not represent normal bereavement;
  5. After the termination of the stressor (or its consequences), the symptoms persist for no longer than an additional 6 months;

Additionally, six sub-types have been described in the DSM-5:

  1. With depressed mood – characterized by symptoms of depression such as low mood, loss of motivation and reduced enjoyment of normally enjoyable activities;
  2. With anxious mood – characterised by symptoms of anxiety such as worry, overestimation of negative possibilities, helplessness or feeling overwhelmed;
  3. With mixed anxiety and depressed mood – characterized by symptoms of both depression and anxiety
  4. With disturbance of conduct or behaviors that violate the rights of others or may be socially unacceptable such as binge eating, excessive drinking or drug use, outbursts of anger, efforts to punish or seek revenge on others;
  5. With mixed disturbance of emotions and conduct presenting with a combination of emotional symptoms (such as depressive or anxious) and conduct disturbances;
  6. Unspecified – Theses are maladaptive reactions to stress that do not fall into any other subtype;

Note that adjustment disorders are usually short-lived, do not include more severe ‘psychotic’ symptoms such as hearing voices, delusions and so forth, and also exclude other psychiatric disorders. Here it is helpful to contrast adjustment disorder with what is commonly termed depression. Most people equate depression with low mood, but is a range of other, associated symptoms, and to complicate matters there are a range of similar disorders which will not be discussed here.

Depression

Most people will be acquainted with the idea of depression, but in reality this is just a word and in mental health circles there are a wide range of descriptions of this concept.

For the sake of simplicity, only the details of what is arguably the main type of depressive presentation, termed ‘depressive episode’, will be presented, as depressive disorders, also called ‘mood’ or ‘affective’ disorders constitute a complex range of disorders. Here are the diagnostic criteria for a depressive episode: [5]

Depressed mood, loss of interest and enjoyment, and reduced energy leading to increased fatiguability and diminished activity. Marked tiredness after only slight effort is common. Other common symptoms are:

(a) reduced concentration and attention;

(b) reduced self-esteem and self-confidence;

(c) ideas of guilt and unworthiness (even in a mild type of episode);

(d) bleak and pessimistic views of the future;

(e) ideas or acts of self-harm or suicide;

(f) disturbed sleep

(g) diminished appetite.

Any lowered mood usually shows little variation from day to day, but may show variation as the day goes on.  The clinical presentation shows marked individual variations, and in some cases, anxiety, distress, and motor agitation may be more prominent at times than the depression.

There may also be other features such as irritability, excessive consumption of alcohol, histrionic behaviour, exacerbation of pre-existing phobic or obsessional symptoms, or by preoccupations (of having a physical serious illness.

A duration of at least 2 weeks is usually required for diagnosis, but the diagnosis may be made with shorter durations is symptoms are especially severe and of rapid onset.

A number of other symptoms may also be present:

-loss of interest or pleasure in activities that are normally enjoyable;

-lack of emotional reactivity to normally pleasurable surroundings and events;

-waking in the morning 2 hours or more before the usual time;

-depression worse in the morning;

-objective evidence of definite psychomotor retardation or agitation (that is, undertaking activities or functioning more slowly or always being on the go) which is remarked on or reported by other people);

-marked loss of appetite;

-weight loss (often defined as 5% or more of body weight in the past month);

-marked loss of libido.

Note that these symptoms can overlap with other mental health disorders as well as physical health disorders and can be classed as mild, moderate or severe depending on several factors such as number and severity of symptoms.

 

Treatment of Depression

If you ask a doctor about treatments for any condition, especially one who has a good background in treatment of mental health disorders, they may well reply with the cryptic reply of Biological, Psychological and Social.

In other words, treatments are divided into three main types, which I will now explain in brief detail.

Biological Treatments

This category includes ‘physical’ treatments, which are perhaps the most commonly recognized by most people.

The mainstay of biological treatment in depression is medication, of which there are many examples, with new medications being introduced every so often. Prescribing for depression is complicated, with different medications prescribed for different presentations.

Not all people respond to medication and prescribing needs to take in a large number of individual variables. There are several classes of anti-depressants depending on their mode of action, and ant-depressants can be used for other conditions apart from depression, including some other mental health conditions as well as physical conditions such as pain and even incontinence.

Commonly used anti-depressants include:

 

Class Example Brand Name
Selective serotonin reuptake inhibitors (SSRIs)

 

Fluoxetine Prozac
Citalopram Cipramil
Paroxetine Seroxat
Sertraline Lustral
Serotonin-noradrenaline reuptake inhibitors (SNRIs)

 

Duloxetine Cymbalta
Venlafaxine Efexor
Noradrenaline and specific serotonergic antidepressants (NASSAs)

 

Mirtazepine Zispin
Tricyclic antidepressants (TCAs)

 

Amitriptyline Tryptizol
Clomipramine Anafranil

 

Apart from medications other biological treatments include ECT (Electroconvulsive therapy), in which a mild electric shock is given to the anaesthetised patient to induce a mild seizure and Transcranial Magnetic Stimulation therapy (TMS) in which a wand is placed over the head of the patient and electric currents are generated which are thought to stimulate specific brains areas.

Brain surgery is a final example of biological treatment, but this is extremely rarely performed and is not generally considered in the treatment of depressive disorders.

 

Psychological Treatments

These comprise ‘talking’ therapies, with most people understanding these as some form of ‘counselling’.

This is not quite accurate, as counselling, itself comprising several approaches, differs from the mainstay of psychological therapy, namely Cognitive Behavioural Therapy (CBT).

Counselling involves talking about problems to a counselor, with the view to providing support but not advice. Rather, the aim is to assist the client in their own understanding of the problems and to gaining their own insights.

CBT aims to help by showing the interconnections between thoughts, feelings, physical sensations and behaviours/actions with the aim of helping the client to understand these interconnections and how to change them.

It addresses current problems rather than past events and is a highly structured form of treatment that requires he individual to be motivated and committed. It entails a series of sessions, usually weekly, with ‘homework’ to apply ideas and newly acquired skills.

There are may other different types of talking therapies, but in the case of divorce it is likely counselling that would be the most commonly used first-line talking therapy.

 

Social treatments

Finally, social treatments need to be considered, which include having good social support, somewhere to live, food to eat, financial stability, some sort of structured activity such as work, hobbies, regular physical activity and so on.

Without these other treatments may be less effective, and the usual approach at lest in NHS mental health care is to consider all relevant aspects of an individual’s presentation so as to provide the optimal treatment that aims for long-term stability.

 

When to seek help

It can be difficult to know when to speak to your doctor about any sort of health problem, and often the thought of doing this is worse than the reality when and if it actually happens.

If you feel, or someone else feels, that there is a problem which is having an impact on your functioning, it is worth seeing your GP, not least for peace of mind. Your GP will then be able to advise what the next step is.

It is possible to self-refer to some mental health services such as IAPT (‘Improving Access to Psychological therapies’), and your GP can often advise re other interventions or services which may be appropriate. If in doubt speak to your GP, a trusted friend, a family member, and if necessary ask them to go with you to the GP.

Most people undergoing life events do not need to see a psychiatrist, and those that do will more often than not benefit from this. There is help and support out there, and often taking the first step to access this is the hardest…

[1] Baum A (1990) “Stress, Intrusive Imagery, and Chronic Distress” Health Psychology 6: 653-675.

[2] Kubler-Ross E (1969) On death and dying. New York: Macmillan.

[3] Bonanno GA (2004) “Loss, Trauma, and Human Resilience: Have We Underestimated the Human Capacity to Thrive After Extremely Aversive Events?” American Psychologist 59 (1): 20–8.

[4] American Psychiatric Association (2013) Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. 5th. Arlington, VA: American Psychiatric Association; 2013.

[5] World Health Organisation (1992) ICD-10 Classifications of Mental and Behavioural Disorder: Clinical Descriptions and Diagnostic Guidelines. Geneva: World Health Organisation.

About Dr Foster

Russell is Albert Square Mediation Limited‘s consultant on medical related issues.

He is a distinguished consultant liaison psychiatrist and specialist in liver transplant psychiatry, a member of the Judiciary, Responsible Officer in a top 100 company  and an acknowledged expert in his field.

He is a very widely published author and speaks a number of languages. Having lived in Canada, North Africa and Norway and travelled extensively he brings an international perspective to his career.

His experiences of working in the NHS have drawn him to the conclusion that the current adversarial models such as internal discipline proceedings and court related litigation that are often used to resolve medical related disputes are ineffective and are a massive burden on the public finances.

Apart from postgraduate qualifications in medicine, psychiatry, biochemistry, toxicology, law and others Russell also has training in workplace mediation and healthcare management.

He also has an interest in what the mediation process can offer healthcare professions in the UK. His primary role is  to assist ASM in promoting its medical mediation work and where appropriate he will give informal guidance.

Outside of work he enjoys cycle training, travelling, composing music and learning new languages.

See Russell Foster’s LinkedIn profile here

Free Printable Parenting Plan

The Benefits of Parenting Plans – with a Free Printable Parenting Plan

Ruth Langford
Qualified Paralegal specialising in Family Law

One of the most difficult discussions that parents may have as part of their separation or divorce is what happens to the children; knowing what to discuss and where to start can be very difficult.

Parents may tend to focus on the ‘every other weekend and one night in the week’ scenario, rather than the entirety of arrangements for their children.

By using a parenting plan as a discussion tool to begin with, parents can use the questions asked in the plan to talk about what arrangements would work best for them and their children.

What is a Parenting Plan?

A parenting plan is simply a written record of the agreement made by parents that set out how they would like to continue parenting their children after separation or divorce and what the practical arrangements are.

Why Use a Parenting Plan?

Using a parenting plan provides parents with a structure when they discuss making practical and workable arrangements for their children.

There are many advantages to using a parenting plan, not least because it helps keep parents out of court and focused on their children; and unlike a court order, which is set in stone, a parenting plan allows for flexible arrangements and can be reviewed at appropriate times – for example, when a child moves from nursery to primary school. Other benefits include:

Helping to keep both parents’ legal fees down, as you are discussing the arrangements between you and not using the solicitors to communicate with your partner or spouse.

Helping to create a stable environment for your children as there is reduced conflict between you and your child’s other parent.

Helping parents focus on work together for their children, which shows your children that you are working hard to put their interests and needs first.

Parents who have invested in coming to agreements about the arrangements for children feel more empowered and are far more likely to stick to the plan.

If parents wish, their children can have an input into the arrangements so that any considerations the children would like taken into account can be heard – for example, having friends to sleep over at both their homes and, in the case of older children, having new freedoms.

This is not the same as allowing children to decide or choose the arrangements themselves – children should never have that burden of responsibility placed on them, but they should be able to have a say and make some suggestions as to what they would like.

A parenting plan can include specific important events for your family – the annual summer barbeque that Uncle Mike has each year or Granny’s Boxing Day feast, for example. All families are different; a parenting plan takes this into account and allows parents and families to include these all-important family gatherings and traditions.

Who is the Plan for?

The parenting plan is useful for all parents who are separating or divorcing, but it’s especially for parents who wish or intend to put together a proposal regarding the child arrangements for the other parent to consider whether that’s for informal discussion between them or for mediation sessions.

A parent who is considering applying to Court is also required to submit a completed parenting plan along with the application.

This shows the Court that you have put a great deal of thought into what it is you are asking the Court to consider and that you have a very clear idea of what you think are the best arrangements for your children.

Once you have an agreement with the other parent, you can also formalise the agreed arrangements for children by signing a copy of the parenting plan, which sets out the final arrangements.

This signed, final copy not only formalises your agreement but can also act as an important guide to refer to if any issues are raised in the future over what the agreed arrangements are.

And remember, the arrangements don’t have to set in stone – there may be events or life changes such as a new job or moving to a new town that mean any carefully thought-out arrangements are no longer relevant, and they need to be revised and changed to reflect your new circumstances.

I have written this parenting plan specifically to help parents have positive and constructive discussions about parenting after separation or divorce. I really wanted it to be something that facilitates conversation and dialogue between parents and at the same time guide them a little by making some useful suggestions as part of the questions posed.

I also am a firm believer in keeping parents out of court whenever possible, and empowering and enabling them to work together, because it’s not better just for their children – it’s better for parents too.

Here is your free printable parenting plan – Downloadable parenting plan document from Oratto

About Ruth Langford, F.Isnt.Pa

Ruth is a Qualified Paralegal specialising in Family Law in both England/Wales and Scotland, with a particular interest in the law as it applies to children.  She has been advising and assisting people going through family break-up for over 9 years.

Ruth is co-author of The Family Law A to Z – A,  the reference book for litigants & students; and is an established and published writer, and has written for publications in the UK, Australia and the USA.

She has made a number of appearances on radio and television, and been featured in a number of media and magazine articles. In 2014, she was a consultant for a major story line on an award-winning television drama series.

Ruth is an elected Fellow of the Institute of Paralegals, a member of the Association of Lawyers for Children and was one of the first UK women to join Leading Women 4 Shared Parenting. In October 2015, she was awarded the honour of Jordan’s Family Law Paralegal of the Year.

Ruth previously worked for Wikivorce and now works for Oratto, an innovative client-led business. Oratto is about helping people choose the right lawyer for their particular issue as well as providing a quick and easy route to engage with a legal practitioner.

She lives in Hampshire with her husband, daughter, and a variety of animals. In her spare time, she enjoys crochet, walking and photography.

www.Oratto.co.uk

Ruth.Langford@Oratto.co.uk

Twitter – @Ruth_Langford  or @OrattoLaw

 

What Is The Average Cost Of Divorce?

What Is The Average Cost Of Divorce?

Henry Crisp
Founding Partner
Crisp & Co.

If you’re considering going through a divorce, often one of the biggest worries will be the overall cost associated with the process. After all, divorce has always been famous for its price tag. But what does the price entail?

Aviva estimates the overall cost of a divorce at nearly £44,000 – or £21,979 per partner to be precise. That seems like a whopping amount.

However, the cost of legal fees per person on average makes up just £1,280 of that total. So what are the other costs associated with divorce? According to the research by Aviva, setting up a new home, arranging childcare and even post-separation holidays are among the secondary costs frequently cited by divorcing couples.

In our recent infographic, “What Is The Cost Of Divorce?” we break down the average cost of a divorce as well as providing some top tips for protecting your assets and ensuring the best outcome for you and your family.

What are the Costs?

For any divorce, you will need to apply for a divorce petition and pay the court fee – this is currently £550.

It is highly advisable to instruct a solicitor to help you through your divorce, and the solicitor’s fees will be on top of the court fee.

The bulk of the financial upheaval associated with divorce will be down to the division of assets. This doesn’t necessarily need to be done by a judge in court: there are various forms of alternative dispute resolution available, such as mediation.

In a mediation session, you and your partner will sit down with an impartial mediator who will guide the negotiations. If you and your partner cannot agree on a settlement, it will be the role of the judge to decide how assets are split.

 How are Assets Divided?

There are few set rules regarding who gets what in a divorce. Usually, assets acquired during the marriage (often known as ‘marital assets’) are considered as the property of both partners and put into the divorce pot to be divided up.  This includes:

  • Property
  • Earnings/pension acquired through work
  • Business and investments
  • Money

When deciding how to fairly divide up these assets between the divorcing couple, the judge will take into consideration a number of factors:

  • Whether there are any children
  • Whether a pre-nuptial or post-nuptial agreement exists
  • The length of the marriage
  • Future income and financial needs of both parties
  • New relationships (e.g. if one person has started a new relationship and is living in their new partner’s home)

However, every divorce settlement is decided on its own merits, and no two situations are the same. The judge has discretionary powers and will ultimately make the call on what is fair.

About Henry

Henry Crisp qualified as a solicitor in 1992 and has specialised in the practice of all aspects of Family Law since then.

Henry is a founding Partner of Crisp & Co.  As well as being a qualified Mediator, Henry is also a member of Resolution and is trained and practised in Collaborative Law.

 

 

Start the Divorce Process

How to Start the Divorce Process

Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

In April 22nd, 2014 a change was made in Family Law to have a couple attend a mediation information and assessment meeting (MIAM) to see if mediation is a viable option for them as a divorce process and as a possible way of avoiding court altogether.

A mediator can put in writing that a couple attend a mediation interview, but are choosing litigation instead.

During divorce, a judge may send spouses to mediation to negotiate just one aspect of it, such as child arrangements or finances. A mediator does not provide legal advice, even if he/she is a solicitor.

One can obtain the required divorce forms to apply for divorce from the court. The clerks will give out the correct forms but do not dispense legal advice. The Ministry of Justice website www.justice.gov.uk also has the necessary forms.

The Citizens’ Advice Bureau (CAB) is able to give some generic advice or steer one to a specialist who can be of assistance. CAB has an informative web site www.citizensadvice.org.uk.

There are various online divorce kits for simple divorces. It is still prudent to have a solicitor check over these forms before submission. In Scotland the sheriff’s court has these forms and the CAB will assist you in filling these out.

Before starting divorce, you may want to ascertain that your name is on the house deed by contacting the Land Registry, if you are unsure. If it is only in your spouse’s name, then you can register your interest in the house. For a small fee, the Land Office can do a search for the title number and send you a form to show your rights to co-own the house.

Pre-divorce, speak to a solicitor first to make sure you are not doing anything to compromise a divorce. She may advise you not to move out of the marital home or other actions. She can prevent the other spouse from getting rid of community assets or liquidating a joint bank account.

Criteria for Divorce:

  • A couple must have been married for a year in England and Wales before a divorce petition can be filed.
  • In Scotland there is no minimum time to be married before initiating divorce.
  • In Northern Ireland the minimum time is two years before divorce proceedings.

Domicile is the country where one has an attachment or connection, such as by birth. It can be where you have a passport or your family resides.

One can be living abroad and still get a divorce in the UK. An English couple working in Los Angeles can still have their divorce proceedings through the English court, because they are domiciled in the UK. If the divorce is not contested (disagreed upon) then neither has to appear in court and their solicitors can handle the divorce from afar. Neither spouse can have filed in another country first.

Habitual residency is the place where you live and work. One does not have to have been born in that country, but now has long-term ties to that locale.

If a person from India has lived in London for many years, she is entitled to file to a divorce in England. It does not matter that she makes trips back to Delhi every year to visit family, because her life is in London. In England and Wales the minimum time of habitual residency before being able to initiate divorce is one year.

Jurisdiction is the geographical area that has legal authority to hear a case. If ones lives in Leeds that is the place where the divorce petition is filed, not in a different city such as Manchester. One initiates divorce where one lives or has domicile. This is the location where one has habitual residency.

Two Americans were studying in Cambridge and got married in this country. They lived in the Cambridgeshire area for three years before returning to the States.

After two years there, they decided to divorce. Even though they married in England, they no longer have habitual residency so would have to be divorced in the US. Had they decided to divorce before leaving England, they could have gotten a UK Divorce. They were married and had residency in England for over one year.

Getting Started with Divorce in the UK:  

In England and Wales, the person filing for divorce is the petitioner and in Scotland it is the pursuer. The other spouse is the respondent in England and Wales and the defender in Scotland.

The process of divorce commences when the petitioner files the divorce petition to the court. Included with the petition is:

  • Marriage certificate
  • Issues of divorce with one of the grounds
  • What you want to receive financially

How to start divorce processIf the couple has children then a Statement of Arrangements must also be sent which includes:

  • Where they now live and future visitation plans
  • Their school and any educational or after school needs
  • Any child support requested
  • Any disability or health requirements
  • A Parenting Plan may be attached

The spouse must formally be served these papers in one of these ways:

  • The court posts these papers to your spouse adding the Acknowledgment of Service You or your solicitor will be notified if they are returned back to the court as undeliverable.
  • A bailiff can serve the divorce papers directly to your spouse. A certain form is filled out and a fee is collected for this service.
  • One can pay a private processor to find the spouse and serve the papers.
  • In Scotland there is no Acknowledgement of Service sent to the defender (respondent) spouse. They receive the initial writ from the court containing the grounds for divorce, arrangements for children, and finances. If the other spouse disagrees with any of these, then they fill out a Notice of Intention to Defend form and return it to the court.

The respondent has a week to respond and to send an Acknowledgement of Service to the court verifying that it was received and contains the following:

  • If he/she consents to the divorce
  • Objects to anything in the petition
  • Agrees or disagrees with Arrangements for Children

The respondent has twenty-eight days to file an answer if he intends to defend (contest) the divorce. He can file a ‘’cross petition’’ if he feels that the marriage is over, but not for the reason that the petitioner stated in the divorce petition.

After the respondent returns the Acknowledgement of Service to the court, a copy is posted to the petitioner or their solicitor.

`The next step in the divorce process is the petitioner files an Affidavit with the court. This is a sworn statement that is done before another solicitor (not yours) or a court official which verifies that the signature on the Acknowledgement of Service form is that of your spouse. Also you confirm what is in the Divorce Petition is correct.

Both spouses fill out the incredibly detailed, twenty-eight page Form E or Statement of Means, and give it to the court and the other solicitor. If there is to be a court hearing, then Form E is to arrive thirty-five days ahead of time. This form is a disclosure of what one’s assets are and copies of financial records are attached to this sworn document. Mediation and collaborative divorce may use Form E to collect financial data.

Questions included in Form E or Statement of Means are:

  • Standard of living you had during your marriage and what you expect post-divorce
  • What debts you have and what is owned to you
  • Income needs for yourself and children residing with you
  • Lists of investments, bank accounts, pensions with account numbers, companies and amounts
  • Insurance with surrender value
  • Properties and their worth
  • Cars and other household assets and their value

In Scotland there is no Form E or formal disclosure document. When the spouses come to a financial agreement, the signed statement is registered in the Book of Council and Session in Edinburgh.

If there is a financial change of circumstance post-divorce, then an alteration to this agreement can be made. The Statement of Means or Form E, is not used in Northern Ireland, but rather the court asks for similar financial disclosure at the preliminary hearing.

A judge goes over the paperwork including the Statement of Arrangements for Children. If he does not have any questions and approves of the paperwork, then a Certificate of Entitlement to a Divorce Decree is issued. He posts a copy to the Petitioner giving the date of when the Decree Nisi will be issued.

No court appearance is needed for this provisional decree. The Decree Nisi is issued in the middle of the divorce proceedings. In Scotland there is no Decree Nisi.

The petitioner must wait six weeks and a day before the Decree Nisi is made absolute. The Decree Absolute is not issued automatically and must be requested.

This interim period gives time to work on any financial or child arrangements before the divorce is finalized. The spouses may be sent to mediation to negotiate either child or financial arrangements before the divorce is finalized.

If the petitioner does not apply for Decree Absolute within four and half months, then the respondent is free to do so. If neither has applied for this within a year, then a judge may mandate an explanation of why there was such a long wait. When the Decree Absolute is issued, then the divorce is finalized.

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

Coping with Divorce at Work

Coping with Divorce at Work

Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

There can be issues that arise on the job when going through divorce.

For one thing, an individual may have to leave for divorce sessions or court dates. Consider scheduling mediation or collaborative meetings around lunch time or staying a bit later that day.

See if your divorce professional has early morning slots so that your job is not impacted by absences.

Inform your supervisor regarding your divorce, in case your emotions are more extreme or your interactions are a bit erratic at work.

My two bosses gave me some leeway during this stressful time. It is a toss-up whether or not to tell your co-workers about your situation. The other female and I went out for lattes and I blew off some steam away from our place of employment.

If you feel your work may be slipping a little – then consider confiding in a few trusted colleagues. They can proactively catch some mistakes or at least realize that this is a temporary condition. In some places, one may be the subject of gossip around the office.

Many people pour themselves into their jobs for a much needed distraction.

It can be one’s oasis of calm in the turbulent sea of divorce. Laughing and talking with my fun-loving co-workers helped me keep my sanity. Work projects and tasks keep minds focused and off divorce problems.

Constantly checking one’s phone for messages takes time away from the job and thrusts one back into their divorce situation. Possibly look at texts or e-mail once during the work day, such as during lunch. I did not check anything at all while on the job and had my solicitor or her paralegal call me if something urgent arose. This gave me a break. Then when I got home, I dealt with divorce matters.

What to do if you are about to lose it at work. Pause and take a mini break. Get away from your immediate environment and walk around the block or down some long hallways.

Getting out in nature is therapeutic and decreases stress, as some studies have shown. Go to a nearby park to eat your lunch. Some people use their lunch breaks to release tension by working out at a gym or going for a run. Meeting up with friends for a few laughs during lunch can get you back on track.

There are homeopathic remedies that reduce stress and anxiety. I squirted Bach’s Rescue Remedy into my mouth when feeling overwhelmed with divorce. There are plenty of other brands on the market to take long-term or as a quick fix.

Just as a pregnant woman gets plenty of unsolicited advice, so do people going through divorce. Good friends as well as those you barely know may be inquisitive.

At work, consider having a few close colleagues tell others that you do not want to discuss your divorce, when you have had enough questions. You do not owe anyone explanations or updates.

When cornered at social gatherings, one can fend off questions by saying “Let’s talk about something more fun. How was your holiday?” Keep changing the subject and even the densest person will eventually get the message.

When given advice or told long winded stories of others’ divorces, feel free to say “That’s interesting. I’ll think about it.” That said, I did get a lot of help listening to other folks’ divorce tales and suggestions.

If falling to pieces, consider seeing a life or divorce coach who can help you devise some coping strategies. They will guide you in finding a good work/family balance. A coach is great at listening and working with you to have an easier time with divorce.

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

 

A Case for No-Fault Divorce
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A Case for No-Fault Divorce

Kerry Smith
Kerry Smith
Head of Family Law
at K J Smith

When it comes to the law and personal relationships, the UK is a curious mixture of the progressive and the archaic.

On the one hand, the law recognises same-sex unions, on the other the process of ending a marriage through divorce seems to be stuck in the past, specifically the 1970s and the Matrimonial Causes Act 1973.

Irretrievable Breakdown of Marriage in the 21st Century

In England and Wales a divorce can only be granted if it is shown that a marriage has broken down irretrievably and there are only 5 acceptable grounds for making this claim.

Adultery – In legal terms adultery is defined as having a sexual relationship with a member of the opposite sex, same-sex relationships are not recognized in this context.

Also adultery ceases to be recognized as grounds for divorce if the deceived party continues to live with their spouse for 6 months after discovering the affair.

Desertion/Living apart

If a husband and wife live apart for two years and both agree to a divorce

If one party leaves the other for two years and the other party requests a divorce

If a husband and wife live apart for five years and one or the other wants a divorce

Unreasonable Behaviour

One party behaves in such a way that the other cannot reasonably be expected to continue living with them.

De facto No-faults Divorce versus Legally-recognized No-faults Divorce

Looking at the list of reasons given above, it can be seen that currently the only way to be granted a divorce without some element of blame being attached to at least one of the parties is to wait at least two years, which can seem a very long time for couples looking to separate amicably and move on with their lives.

Because of this, Richard Bacon MP attempted to introduce the No-Fault Divorce Bill 2016, but this failed to get past its first commons reading.

Interestingly this appeared to be through lack of time as the second reading was postponed and postponed again, rather than through any strong, entrenched resistance to the idea itself.

There is still strong pressure from the legal community to recognize no-faults divorce, as is already the case in some other countries. In particular Resolution, an association of 6,500 family lawyers and other related professionals are continuing to campaign for a change in the law.

They argue that permitting no-faults divorce would not only free up court time, but also have a far lower impact on children.

Moving from the Blame Game to Respectful Co-parenting

The fact that there is still a requirement to demonstrate blame in divorce cases is particularly odd given that over recent years the government has heavily promoted the use of mediation during divorce.

The whole point of mediation is for couple to work constructively together to find a mutually-agreeable way forward which will always have the interests of their children (if any) at the forefront.

Even when divorce is the outcome, the idea is to move forward positively, particularly if there are children involved.

Notwithstanding this if the couple wish to divorce immediately (rather than wait two years), when the case goes to court one or the other has to shoulder the blame for the end of the marriage.

About Kerry

Kerry Smith is the head of family law at K J Smith Solicitors, a specialist family law firm who deal with a wide range of issues including divorce, domestic violence, civil partnerships and prenuptial agreements.

 

How to Start the Divorce Process

Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

In England and Wales, the person filing for divorce is the petitioner and in Scotland it is the pursuer.

The other spouse is the respondent in England and Wales and the defender in Scotland.

The process of divorce commences when the petitioner files the divorce petition to the court. Included with the petition is:

  • Marriage certificate
  • Issues of divorce with one of the grounds
  • What you want to receive financially

If the couple has children then a Statement of Arrangements must also be sent which includes:

  • Where they now live and future visitation plans
  • Their school and any educational or after school needs
  • Any child support requested
  • Any disability or health requirements
  • A Parenting Plan may be attached

The spouse must formally be served these papers in one of these ways:

  • The court posts these papers to your spouse adding the Acknowledgment of Service You or your solicitor will be notified if they are returned back to the court as undeliverable.
  • A bailiff can serve the divorce papers directly to your spouse. A certain form is filled out and a fee is collected for this service.
  • In Scotland there is no Acknowledgement of Service sent to the defender (respondent) spouse. They receive the initial writ from the court containing the grounds for divorce, arrangements for children, and finances. If the other spouse disagrees with any of these, then they fill out a Notice of Intention to Defend form and return it to the court.

The respondent has a week to respond and to send an Acknowledgement of Service to the court verifying that it was received and contains the following:

  • If he/she consents to the divorce
  • Objects to anything in the petition
  • Agrees or disagrees with Arrangements for Children

The respondent has twenty-eight days to file an answer if he intends to defend (contest) the divorce. He can file a ‘’cross petition’’ if he feels that the marriage is over, but not for the reason that the petitioner stated in the divorce petition.

After the respondent returns the Acknowledgement of Service to the court, a copy is posted to the petitioner or their solicitor.

The next step in the divorce process is the petitioner files an Affidavit with the court.

This is a sworn statement that is done before another solicitor (not yours) or a court official which verifies that the signature on the Acknowledgement of Service form is that of your spouse. Also you confirm what is in the Divorce Petition is correct.

Both spouses fill out the incredibly detailed, twenty-eight page Form E or Statement of Means, and give it to the court and the other solicitor. If there is to be a court hearing, then Form E is to arrive thirty-five days ahead of time.

This form is a disclosure of what one’s assets are and copies of financial records are attached to this sworn document. Mediation and collaborative divorce may use Form E to collect financial data.

Questions included in Form E or Statement of Means are:

  • Standard of living you had during your marriage and what you expect post-divorce
  • What debts you have and what is owned to you
  • Income needs for yourself and children residing with you
  • Lists of investments, bank accounts, pensions with account numbers, companies and amounts
  • Insurance with surrender value
  • Properties and their worth
  • Cars and other household assets and their value

In Scotland there is no Form E or formal disclosure document. When the spouses come to a financial agreement, the signed statement is registered in the Book of Council and Session in Edinburgh.

If there is a financial change of circumstance post-divorce, then an alteration to this agreement can be made. The Statement of Means or Form E, is not used in Northern Ireland, but rather the court asks for similar financial disclosure at the preliminary hearing.

A judge goes over the paperwork including the Statement of Arrangements for Children. If he does not have any questions and approves of the paperwork, then a Certificate of Entitlement to a Divorce Decree is issued.

He posts a copy to the Petitioner giving the date of when the Decree Nisi will be issued. No court appearance is needed for this provisional decree. The Decree Nisi is issued in the middle of the divorce proceedings. In Scotland there is no Decree Nisi.

The petitioner must wait six weeks and a day before the Decree Nisi is made absolute. The Decree Absolute is not issued automatically and must be requested.

This interim period gives time to work on any financial or child arrangements before the divorce is finalized. The spouses may be sent to mediation to negotiate either child or financial arrangements before the divorce is finalized.

If the petitioner does not apply for Decree Absolute within four and half months, then the respondent is free to do so. If neither has applied for this within a year, then a judge may mandate an explanation of why there was such a long wait. When the Decree Absolute is issued, then the divorce is finalized.

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

How Separated Mums can Avoid Mother’s Day Blues
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How Separated Mums can Avoid Mother’s Day Blues

Kate Banerjee
Partner and Head of the Children Department
Jones Myers Family Law Solicitors

For recently divorced or separated mums Mother’s Day might be an upsetting and poignant reminder that family life has undergone substantial upheaval and change.

Whenever and wherever it is celebrated across the globe, the day is important to highlight the importance of those who nurture children. This is something we champion at Jones Myers, where we advocate that children’s best interests always come first.

In the countdown to Mother’s Day, here are some tips to help make the most of the occasion:

1. Plan in advance, and talk to your ex. If they usually see the children on Sunday, ask them if you could swap arrangements for this week. A flexible parenting plan can go a long way to diffusing potential arguments over special days.

2. If you are with the children on that day – and your separation is recent – avoid pressurising them to celebrate, as they may need time to come to terms with the new arrangements. A more subtle way would be to do something on the day that you will all enjoy.

3. If you are not with your children on Mother’s Day, indulge yourself with something special to mark it – and remember the vital role you play. This could also include a group event with other single parents.

4. To make up for not spending the day with your children, create a ‘new’ mother’s day the next time you are together – the occasion does not have to be dictated by the   official calendar date.

Irrespective of what day of the year it is, the best environment for parents to raise children is when both of them play a key role in their development – whether they are still living together or not.

That is why we advocate mediation, arbitration and collaborative family law to help couples achieve an amicable solution in the event of a relationship breakdown.

About Kate Banerjee

Kate, Head of the Children Department at Leeds and London based Jones Myers, is highly skilled in cases relating to children including contact and residence disputes. She specialises in child protection law and is a Member of the Child Care Panel with experience representing parents, guardians, Local Authorities and children.

As well as working regionally and nationally, Kate has considerable expertise in international child abduction cases and is a Member of the International Child Abduction and Custody Unit.

Kate has “Higher Court Rights,” which enables her to offer clients an all-round litigation service.

//

 Children, Divorce and Alienated Grandparents

Ruth A. S. Nichols, M.A., M.A., CFLE p (Certified Family Life Educator, provisional)

Grandparents play a special role in our lives.

What happens to that relationship in the midst of divorce/separation?

Sometimes, the dynamics become skewed and very complicated. Reshaping the grandchild/grandparent relationship becomes inevitable.

  • Is the role of the grandparent minimized and sometimes eliminated all together?
  • Will the grandchild suffer from the aftermath?
  • Will the grandparents experience grief and heartache because they are no longer viewed as a valuable asset to the child’s life sometimes resulting in alterations to their daily routine?

The answers are an emphatic Yes! Yes! And, Yes!

Divorce and separation have powerful ramifications. Anyone in the path of destruction will feel the impact.

A parent, new or ex boyfriend or girlfriend may become involved, drastically changing communication dynamics and everyday experiences. Or, things may shift because of someone or something else. Regardless of the reason why, the pain of divorce/separation can have far-reaching and long-term effects. On everyone.

Too often, relatives become caught up in the web of confusion that may spin out of control, landing them in the evil vortex of non-existence. This is what happens to many grandparents. They are an integral part of their grand-babies’ lives one day and totally removed the next, with no explanation or notice.

We need to be mindful of the relationship the child has with other family members. When we look at the special bond that exists between a grandchild and grandparent we must expand our gaze and see that the child is not the only one who suffers.

Grandparents’ experience emotional grief too.

Alienated grandparents have become a fast growing group in the arena of divorce. There are now numerous support groups and pages offering advice, emotional support and help.

These confessions portray the feelings of frustration and heartache experienced by too many grandparents.

Note: some responses have been altered and identifying info was deleted to maintain anonymity.

Grandparent alienation - coping with divorce
Divorce and Alienated Grandparents. Coping with divorce for Alienated Grandparents. Grandparent alienation.

Grandparents who have been denied access to their grandchildren experience tremendous heartache.

A grandmother who recently discovered the concept of PAS shared “My grandchildren are my heart beat. I can not imagine my life without them.”

Several days later she was still distraught at what some grandparents must experience because they are unable to love on their babies after a divorce in their family.

The heartache of some grandparents is clearly revealed in their responses in describing the separation from their grandchildren:

A devoted and loving grandmother shares her experience of alienation and the impact this has had on her granddaughters. In two words: “Heart-wrenching!”

Other grandparents share in her sentiment responding with:

“Each day that passes without them I feel that a part of me dies.”

“Missing my youngest granddaughter…..hopefully when she is 18-yrs-old or even sooner she will come looking for us. it is like a piece of my heart is gone…..like a big puzzle piece that has to be fit in to complete my heart…..”

A grandparent describes the intense emotional pain after losing contact with her toddler who lived with them since birth: “I miss him dearly. It feels like my heart has been taken away. I am now waiting to see if mediation will take place and it’s the waiting that is killing me (after waiting several months)”.

Grandparents describing their newly started court battle to see their granddaughters: “This is the worse emptiness I have ever felt in my life.”

An emotional plea after 6 months of alienation from their 12-year-old grandchild (a part of their lie since his birth): “SOMEONE HELP…I’M HURTING.”

A simple yet poignant and sad response: “Heart aching-literally!”

coping with divorce and grandparent alienation
Divorce and Alienated Grandparents. Coping with divorce for Alienated Grandparents. Grandparent alienation.

Of all the emotions grandparents may experience one of the worst might be frustration.

Frustration stems from situations in which there is no control. Grandparents may be working very hard and with the best intentions to no avail. This is clearly demonstrated in their responses:

“Not being able to see or talk to my Grandson….”

 “Not being able to see the grandchildren.”

“Not knowing.”

 

“Having my three grandchildren ripped from my life seven years ago.”

 “Not even being able to see a picture of them!”

“Knowing that they live close by and not seeing them. Knowing their other grandmother lives farther away and sees them almost everyday.”

A grandparent reaches out to make policy changes: “Please, let’s get this changed. I need my grand kids like they need us. Let’s get something done.”

Grandparent alieantion
Divorce and Alienated Grandparents. Coping with divorce for Alienated Grandparents. Grandparent alienation.

As in many cases of parental alienation syndrome there is a consistent theme of bias and unfairness. These grandparents share how this impacts them and their grandchild:

“The injustice of it all 🙁 Having loved and to have been loved in such a special way only to have it all torn away!!”

 “Our grandchildren do not deserve this. It is not their fault.”

 Grandparents fighting to see their young grandson: “We are devastated. We were a huge part of his life. I don’t understand why mothers do this to their children. It’s so unfair to the children. The mother is not putting the child’s best interest first. The mom is angry. The mom does not get along with the dad. Has nothing to do with grandparents! Now she is brain washing him to be afraid of us. We treated her as if she was our daughter. It’s so devastating.”

grandparent alienation and grandparent rights
Divorce and Alienated Grandparents. Coping with divorce for Alienated Grandparents. Grandparent alienation.

In divorce and separation, the holidays can be difficult.

Family dynamics shift. Sharing birthdays and spending time together as a family may be complicated or not even possible. For some grandparents this is an especially emotional time of the year:

“The terrible tragedy is that the grandchildren have been robbed of a relationship with their grandparents. The harm is done and you can’t go back and make up time for the years missed. Everyone suffers. My table on holidays is always missing 1. Grandparents suffer and grandchildren suffer.”

”February 14th is always a special day. For us, it’s both special, and sad. Today is, of course, Valentine’s Day, but it is also our stolen Grandson’s birthday. 8 years ago, he and his sister would not be allowed to be a part of our family any longer. ”

Divorce and Alienated Grandparents. Coping with divorce for Alienated Grandparents. Grandparent alienation.

Grandparents are fearful of being left out. They are concerned and deeply saddened at what is said about them to their grandchildren:

“No communication and knowing they are being told we don’t love them anymore.”

“Having a 20 month old grandson and have never been able to see him. I’ve missed so much already it just breaks my heart.”

“I dread to even being to think what my grandsons have been told.”

“The living hell of wondering if they even know about me. I only saw me oldest twice. , my youngest grandchildren, I have never met”

 “How will my grandchildren learn about being a family if all they see is arguing and fighting and being taken away from the two people who genuinely love them.”

Grandparent alienation
Divorce and Alienated Grandparents. Coping with divorce for Alienated Grandparents. Grandparent alienation.

An arching theme of alienation is that there are no winners. No one comes out ahead. Ultimately, the tragedy of alienation falls on the child.

Grandparents of alienation are put in the unfortunate position of dealing with their own grief and knowing their grandchildren are experiencing tremendous emotional pain:

“We’ve missed a year and a half of growth and connection. I will never let it go.”

 “I miss my grand babies more than anything! It’s so cruel to keep kids from their grandparents!”

 “The damage this is doing to our grandchildren.”

“Knowing my grandchildren are hurting, and being blocked from helping them.”

 “Kids ripped from the home they know is safe and sure with a roof and warm bed. My heart is so…hurt. Tears and anxiety won’t stop.”

Final Thoughts

The devastation and utter despair of these grandparents is undeniable. Grandparents across the globe are experiencing heartache and frustration due to the trickle down effect of divorce and conflict among parents in the midst of separation:

Referring to grandparents who keep their grandchild from the now ex-in-law parent: “Grandparent alienation is not natural or healthy no matter which generation is the perpetrator.” 

“New at taking legal action to see their grandchildren “but all I want to do is see their happy faces. I have never hated someone so much in my life.” 

“Grandparent alienators need to love their child more than they hate their parents.”

“The most heart wrenching thing to witness is a grandchild being torn in half! But they will grow up, and that parent will reap what they sow.”

“Grandparent alienators are serial killers of the soul.”

“The pain—Never completely goes away.”

Do you have words you would like to share describing the impact divorce has had on you or your family? Share your confession at: MyConfession@SharedParentingConfessional.com

ABOUT RUTH

Ruth is a Certified Family Life Educator and advocate for SharedParenting.  She works in the arena of Shared Parenting focusing on the parent/child relationship in the divorce process.

Ruth actively participates in establishing equal parenting in custody and divorce. She has authored several articles on divorce, Family Court and Shared Parenting and is a contributor at the Huffington Post. She manages 3 sites directed toward the shared parenting arena and created a survey evaluating parents’ experience in Family Court.

LIKE on: Facebook.com/SharedParentingConfessional

Research and information offered to enhance the parent-child relationship.    SharedParentingInfo.com

 

 

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