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Diana Mercer

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Insiders' Divorce Advice

Posted: 08/11/11 01:53 PM ET

So here's the inside scoop. I've been a divorce attorney for 23 years and as a result, every single one of my friends (both actual friends, and Facebook friends) ask me for my advice when they're facing a divorce.

When I have friends who are getting divorced, and they ask me for advice, here's what I tell them. The real deal, the confidential, back-channel skinny. Beyond legal advice, which they can get anywhere.

These are my top tips for staying out of trouble:

Ignore Legal Smack Talk from Your Spouse: I love that spouses try and give each other legal advice. Really? Since when did your spouse go to law school and become a divorce lawyer? And you're listening? Heck, even if they're dishing out good advice, it pays to double check.

Question "My Friend Said": If your spouse talks about friends' divorces or what the lawyer plans on doing to you legally, ask:

• How many years did that friend's divorce take?
• How much did it cost?
• How much did your lawyer say that taking me to the cleaners would cost in legal fees?
• Is your lawyer willing to put it in writing that they guaranteed that their result will be better than what I'm prepared to offer voluntarily?

You're safe with that last one---no lawyer would guarantee anything or put fees in writing so this will force your spouse to have an honest discussion with the lawyer about the pros and cons of pursuing any given action.

Watch Out For Non-Monetary Games: Keep an eye out for your spouse manipulating the kids. Make sure your bond with them remains strong. Don't bad-mouth your spouse---your kids will figure that out later and hate you, so keep the long term in mind.

Your spouse may think he or she is plotting and being strategic like some sort of Divorce 007. But at the end of the day, it's a business deal and a parenting plan. It is what it is. So don't let your imagination run away with you.

You can keep costs (and suspicion, and plotting) down by:

1. Being organized. Make a notebook with labeled dividers with all of the financial records (recent ones, at least) and tax returns (as many as you have copies of), a comparative market analysis (free from any realtor) of the value of your house, your most recent pay stub...and ideally you'll make your spouse a notebook, too.

I know that might sound crazy (making your adversary a notebook) but your spouse's attorney will charge for making a notebook and getting the records together (which could run up the bill by several thousand dollars) so if you can take the wind out of those sails from the get go (your spouse is entitled to all that info pursuant to law anyway) and all of the mystery out of your financial situation, you're ahead of the game.

Don't get paralyzed by your emotions. It's easy to sit down with a hole punch and a notebook and put stuff in by date. You don't need all your faculties to do that, so it's a good activity for when you're feeling lost.

2. Staying Sane. Make appointments with your therapist, make time for your kids (and don't talk about your spouse), play golf or ride bikes (ideally with your kids), make time with friends. Take care of yourself. Eat right and work out.

3. Don't taking the bait: Your spouse will say stuff to you just to get you riled up. Ignore it. "Obviously, this is a hot topic for both of us, so I'm not going to respond at this point. I do hope we can work all of this out, though, at some point." Then change the subject. Say that as many times as you have to.

Eventually, your spouse will get bored when it's clear you aren't going to fight back. This will freak your spouse out a little, particularly at first, so feel free to chuckle. When you start to behave differently than you have over the last eleventy-million years they're going to wonder what's up and watching that might be a little amusing as the old tricks don't work on you anymore.

4. Find that Special Someone--Quietly: If you decide you want to date or get laid, don't let anyone find out about it. Not under any circumstances. Your spouse will go bananas if you're with someone else, so avoid that at all costs. It doesn't matter if it's your spouse who suggested the divorce or found a new lover first. They still go nuts when they see you've moved on, too. I'm not saying don't do it. I'm saying don't let anyone find out.

Diana Mercer is the co-author of Making Divorce Work: 8 Essential Keys to Resolving Conflict and Rebuilding Your Life (Perigee 2010). Join the conversation and community on our video blog and check out Diana's divorce blog on the Huffington Post

 
 
 

Follow Diana Mercer on Twitter: www.twitter.com/dianamercer

So here's the inside scoop. I've been a divorce attorney for 23 years and as a result, every single one of my friends (both actual friends, and Facebook friends) ask me for my advice when they're fac...
So here's the inside scoop. I've been a divorce attorney for 23 years and as a result, every single one of my friends (both actual friends, and Facebook friends) ask me for my advice when they're fac...
 
 
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02:02 PM on 09/23/2011
I really dislike the assumption that attorneys are necessary in a divorce. Obviously there are situations where they are needed, but, speaking from experience, if you're willing to put aside all the petty stuff (including money - because in the end, who cares who pays which credit card and who gets what car?) and just focus on what's best for your kids, a divorce can be pretty amicable. As soon as lawyers get involved, that goes out the window.
02:25 PM on 08/15/2011
I am legally separated by my soon to be ex-wife. I am glad that I hire a attorney to help me with my separation and my upcoming divorce next month. I thought about doing this separation and divorce by myself, but decided not to based on my experience with my wife dealing with financial decisions when we were together from 2005-2010.

I thought I would have to pay over $2,000 to get a divorce. But after shopping around and researching attorneys in my local area, I found a attorney that charge me under $1,500 for the legal separation and the divorce process between me and my wife. Good thing about my situation is that there are no children involve in the divorce process(my ex-wife has three kids from three different fathers prior to our relationship, which I never became a legal parent of her children) and my attorney help got my car back from my ex without her putting up a fight against me for it.

My advice before thinking to do a divorce process individually from your ex-spouse.

1) Think about the characteristic of your spouse(for example, Doing the marriage, was she or he intelligent and mature person to handle themselves in financial decisions ?), and 2) Can I find attorney who can charge legal service that will not take my entire checking account?
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
03:48 PM on 08/17/2011
That's great advice @Intelligentman95. If your spouse was a pretty reasonable person throughout the marriage, while they may be having a tough time of it at the moment, they will probably not change overnight and will continue to be reasonable.
02:03 PM on 08/15/2011
My Mom and Dad were divorced when I was 7 years old ... and here it is 54 years later and I STILL remember their "golden rule" where children are concerned. If husbands and wives are going through a bitter divorce ... the children will suffer the most. Both my Mom and Dad sat us down and told us what was going on and assured us that they BOTH loved us and would always be there for us. The "Golden Rule" was that no matter what they were feeling towards each other ... when we were with Dad he never bad-mouthed Mom and visa versa. After they were divorced ... they both remarried but they remained friends with each other.
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Roger Mann
02:01 PM on 08/15/2011
my divorce was in 1976. at that time the only defense in court for a man was if he was castrated. because if you had nuts you were wrong no matter what. here is my advice... go on with your life educate yourself, never. never never. stray from your fatherhood. remarry with a better woman and prosper. raise your children (yours mine and ours) and have a good life. (over 30 yrs) i hold no ill for my ex. i thank her for choosing her life style and letting me choose mine.
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
03:48 PM on 08/17/2011
Yes, it is possible to have a successful divorce. Very sage advice.
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stargazer13
To Love One Is To Love All
01:54 PM on 08/15/2011
if we were raised different this would all be a mute point !

we have the ability as humans to love many people all the same
no one more then another !

the hate and jealously that we see now would not exist if we did not base so called love on such narrow parameters

aka you only love me if ? you love no one else !

how selfish if you think about it ?
01:38 PM on 08/15/2011
If the family law system were run more like the Department of Motor Vehicles, divorce would become nothing more than an administrative task. As it is, attorneys with law degrees from unaccredited law schools and sub-par grades can demand $400 - $1,000 per hour for completing tasks a simple adminstrator could do. Divorce not only depletes a family of their life savings, it results in enormous losses to school districts, banks from defaulting loans and government entities as it erodes the tax base. In other words, your divorce is costing me money too. The ONLY group that benefits from divorce are the attorneys and judges. Why do we let this continue? Write to your local elected officials to demand a change to the system.
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
03:50 PM on 08/17/2011
There are lots of self-help options for doing your own divorce. Most states have free clinics and nowadays you can usually find the necessary forms online. Self help legal books like those from Nolo Press are also a good resource.
06:55 PM on 08/17/2011
I think you entirely missed the point.
01:38 PM on 08/15/2011
It's not marriage that's broken, it's the family law system. Everyone should have the opportunity to fall in love with someone and have a family. Unfortunately the American public has been brainwashed into following the path to the "legal" slaughterhouse and forfeiting the great majority of their worldly possessions. It's become so commonplace, no one raises an eyebrow to the fact that black robed Nazis are violating our Constitutional rights under Title 42 U.S. Code 1983 for violations of certain protections guaranteed by the First, Fifth, Eighth, Ninth and Fourteenth Amendments to the federal Constitution. These low ranking family law judges who love to play God, lack the authority to seize properties, businesses and assets. Your attorney, who likely makes his/her living by kissing up to this very judge, will tell you that there is no recourse, but there is. File a lawsuit in federal court and sue the judge as an individual and in their official capacity and make them responsible for the losses you have incurred. If they make decisions outside of their authority, i.e., gender discrimination or civil rights violations, you can sue them. Your attorney will likely tell you that you can't sue a sitting judge but what they're saying is, "I make my living doing this and I can't risk my career over this case." Look online under, "How to Sue a Judge" for more information.
01:26 PM on 08/15/2011
The best way to prevent a divorce is to have a prenup. A prenup will take away most of the incentives that women have to get divorced.
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GTWiecz
Sociologist, Liberal with fiscal accountability, a
02:12 PM on 08/15/2011
I don't know what world you are in living in. Women work outside and inside the home, and normally have a much lower standard of living after divorce.
04:33 PM on 08/16/2011
And what about his incentives...will a prenup take away those as well?????
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crazyryou
Spinnin' wheel, got to go 'round...
12:57 PM on 08/15/2011
When my husband threatened me with divorce, I told him that I was not going to give him that freedom. But that only made him figure he could be verbally and emotionally abusive to me (which he has been for years). So the next time he said he was going to divorce me, I told him fine but I would be taking half of everything (houses, pensions, etc) and alimony. He said that there was no alimony in our state (apparently, he had been digging). But I told him as per the law, that alimony, while not a given, could be had. Now before you crucify me, there is a lot to our story. But you do not need to know that because I could only present one side.
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
03:52 PM on 08/17/2011
Each state's laws are designed to protect both people. I think that most of the trouble starts when people don't understand that the law expects you to get divorced as a business deal. You didn't get married as a business deal, though, and nothing about your "divorce business deal" feels much like a business deal. Let's face it, divorce is a very personal process. It's trying to ignore the emotional component that starts most of the trouble, in my opinion.
12:28 PM on 08/15/2011
My nightmarish divorce back during the late '60s taught me a very valuable lesson (MEN, PAY ATTENTION). After you're divorced do NOT even think about marrying another woman! Date them, live with them, but do NOT, repeat - do NOT marry them. My divorce from an unfaithful woman taught me all I needed to know about the court system, specifically - the New York State Family and County Supreme Courts. FACT: No matter whose at fault (in my case my ex-wife) YOU WILL NOT STAND A CHANCE! In NYS, the so called “Family Court System” is a total farce of an institution that should renamed the - “WOMENS’ COURT SYSTEM! - AND GOD HELP YOU, if the judge hearing your case is a WOMAN. My ex-wife cheated on me, a few weeks later hurled divorce papers at me, quit her job (citing the need to stay home to care for our son), and falsely claimed she feared for her life (I was a LEO). Results: (1). The judge awarded her "Exclusive Possession of all Marital Property (except my clothing) and Sole Right To Live in the Home, and (2). Having quit her job (thus no income) I was also ordered to pay all of her Legal (ATTORNEY) costs.

My only victory: A male (thank god) Supreme Court judge rejected her claim to receive money from my then still many years away, Pension /Retirement Pay.
01:50 PM on 08/15/2011
I could not agree with you more my brother. Your situation seems similar to mine and I agree with everything you have stated.......it also sounds like you were a victim, as I in the Westchester County NY "family court" system......I won't name the female judge that screwed me in every way possible however I believe that NYS paints all men with the same brush no matter where you reside in the state. They say the system is geared for the childrens' welfare... ie. BIC (best interest of the child).....this may be true to some extent however it is the EX-WIFE's TOTAL interest that these female judges have in mind a majority of the time. It's a no win situation, especially for the children. Pity some people are so cruel and you only wake up later on.....in your worst nightmare.
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GTWiecz
Sociologist, Liberal with fiscal accountability, a
02:14 PM on 08/15/2011
I have a feeling that your refusal in rebuilding your life with a woman who would not "screw you over" is making you very lonely.
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pmoschetta
Where are the Jobs, Speaker Boehner?
11:53 AM on 08/15/2011
One day the right wing extremists will abolish divorce as they want to with abortions and gay rights, so buyer of marriage, beware
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360Dunk
Feeder of slot machines
11:35 AM on 08/15/2011
Diana Mercer, you forgot one very important scenario to ease the divorce proceedings - don't spend a lot of your hard-earned money on attorneys like you. Seriously.

There is something called collaborative divorce where both sides sit down with their attorneys and quickly hash out the settlement. The attorneys take it to an arbitrator for approval. Court costs are eliminated and the attorneys only get paid for the few hours they put into the case. That way, both sides come away feeling that they got something agreeable plus they weren't financially gouged.
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Diana Mercer
Diana is a mediator with Peace Talks Mediation in
03:58 PM on 08/17/2011
I totally agree with you, @360Dunk. That's probably because although I'm a lawyer, I only practice as a mediator. Like with Collaborative Divorce, mediation is a much cheaper, and much saner alternative to a court divorce with lawyers, and it's every bit as legal.
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11:33 AM on 08/15/2011
My ex wanted visitation and he got it. He only allowed our daughter to spend ONE weekend night at his house with his girlfriend and her kids - whom he lived with - for the past twelve years. Since they were married, our daughter has not spent one night with them either. Now it's a moot point, but when she was 14 and she needed her father - it was not. She's never forgiven him or the new wife for that matter. I, on the other hand, took her everywhere, school, friends, plays, work. My ex didn't even know what time her school let out or where her friend's houses were! He had to call me. Some men should just not have children. Pathetic.
11:07 AM on 08/15/2011
The number one top tip to avoid divorce trouble.....DON'T GET MARRIED!!!!
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ebuist1825
12:27 PM on 08/15/2011
I was just getting ready to say the same thing, but saw your post! You are giving excellent advice.
I never married and yet was blessed with an "adoptive family", grandkids & all. The cool thing is, I don't have to live with some woman nagging me 24-7. I go visit the kids & grandkids, spoil the heck out of everybody, and go home a hero! Such is lofe without a wife! :0)
12:43 PM on 08/15/2011
The number TWO (2) Top Tip for MEN. Married and got burnt the first time! HELLO - Don’t do it (remarry) again!
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10:48 AM on 08/15/2011
Best way to avoid troubles of divorce... avoid divorce!!! You married under God's rules... Stay together the same way. Use the money and time you would pay a lawyer and lose in the split... and restore the love and excitement you had in the beginning. Divorce affects many people besides you and your spouse. Lawyers will not usually tell you this!!! They make a living off of the pain and suffering of divorce.
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pmoschetta
Where are the Jobs, Speaker Boehner?
11:54 AM on 08/15/2011
Easier said than done, Paul Junior. Marriages more often than not, lose their luster and the spouses find different interests and hobbies.
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ebuist1825
12:29 PM on 08/15/2011
Marriage is in some ways like buying a new car. It depreciates the minute you drive her off the lot! :o)
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05:19 PM on 08/15/2011
What you say is true... IF you both do not approach marriage with the goal of daily putting something into the marriage... and NOT trying to get something out of it:) This is a good rule for life in general. If you are always trying to be served... instead of serving... you will search endlessly forever. By the way... I did NOT say it would be easy:)