When clients are mediating their divorce with me, they frequently ask themselves, “What’s that going to look like?” This question attaches to all sorts of inquiries and is almost always answered by them with the unsatisfactory “hard to say.”
Here’s an example:
In devising a parenting plan, the divorcing couple is charged with coming up with both a Regular Parenting Schedule (RPS) and a supplementary schedule that covers all those occasions that fall outside of the RPS, i.e., holidays, school vacations, birthdays, summer. This is no easy task.
Why? Because in trying to decide where the children are going to spend their time (with just one parent) in the future, the couple must visualize something that has never before happened in their children’s lives. As I work with these brave parents, I see the anguish on their faces as they “divvy up” the holidays and set down specific times for pick-ups and drop-offs.
And there’s no way to say–for sure–how it will look until the plan is put into practice. And this can be daunting.
People going through divorce mediation are staring out into an unknown future. This is something I’ve developed a sensitivity toward through the years of working with couples. It is something I regard and respect.
If you are considering divorce, please reach out to me: Jenna Brownson, Esq. at 978.760.0482 or firstname.lastname@example.org
One of the most difficult aspects of divorcing is trying to get a sense for what the future might look like. During divorce mediation sessions, the couple works through their shared and/or individual finances. They have to: one of the required documents, which both people need to complete and submit to the Court, is a Financial Statement. Although the completion of this form is tedious and time-consuming, it can also serve as a perfect opportunity to look critically at the money coming in and the money going out. And having this information is critical when the divorcing couple begins to make decisions about the division of their marital assets and division of their marital debt.
I have always been a proponent of the notion that the more information you have, the better the decisions you can make. The Financial Statements ask for a lot of information, and therefore, there is the unique chance to make better decisions when all that financial information is gathered, recorded, and at the fingertips of the people who will be directly affected by the choices they make.
It is true that a crystal ball might be helpful, but reasonable people know that there’s no real magic in that orb. Getting divorced well doesn’t rely upon wishes and guesses and fingers-crossed. Getting divorced well relies on compiling all relevant information so that fact-based choices can be made in order to create a fair and equitable agreement.
If you are considering divorcing, please contact Jenna Brownson, Esq. at 978.760.0482.
One of the more challenging parts of getting divorced is knowing where to start. Sure, the married couple has come to a place where they both know that continuing in their marriage is not healthy for them or for their children, if they have any. And yes, they know that the process involves a judge saying that they are allowed to divorce. Sometimes, people think of lawyers, and when they do, they think of having to pay steep legal fees. Occasionally, custody and child support and alimony cross their minds.
But really, the most vexing matter is where to start?
When I’m first contacted by potential new clients, I assure them that mediation can get them just as divorced as battling it all out in court. I promise them that mediation is private in a way that litigating can never be. I all but guarantee that mediation will be much less expensive than hiring two lawyers. Then, once I confirm that both soon-to-be ex-spouses are willing to make a good faith effort to create the terms and conditions for their Separation Agreement (AKA: the Contract for the Dissolution of their Marriage), we get together, either in person or via Zoom.
That’s all that needs to happen to make a start: two people committing to a good faith effort.
If you are ready to make that commitment, please reach out. I’m here to lend a helping hand.
Going from husband or wife to ex-husband or ex-wife is a big deal. It is both the shedding of an identity and the adoption of a new one. It’s a new way of regarding oneself and a new way that one will be regarded by others.
In the process of divorcing, with all the forms and figures and negotiations acting as distractions, the shift in this relational identity can get lost. I believe that this is an oversight, a mistake, or even a tragic consequence of not looking holistically at the transformative process of divorce.
For people brave enough to divorce, it’s essential to recognize this transformation from spouse to ex-spouse and to consider what it means (to the individual who is divorcing and to the communities where the individual lives and works) to say “I’m married” and now to say “I’m divorced.” These are critically important reflections that often don’t happen during the divorcing process.
At Holistic Mediation, my clients don’t skip over this step. It’s too important. My clients have the space to consider the role of spouse and the unknown future mantra of “I’m divorced.” And I’m right there to consider it with them.
If you are interested in this holistic approach, please call Jenna Brownson, Esq. at 978.760.0482
Over my many years mediating divorces, I’ve found that many of my clients arrive in my office just after sending their youngest off into the world. When I ask when their marriage became “irretrievably broken down,” a date required on the requisite court forms when filing for divorce, these empty-nesters often settle on a date years and years ago. And then, soon thereafter, they often concede that they “probably should have divorced long ago.”
Given all the horror stories of divorce portrayed in TV and movies, one might understand why putting off the inevitable is sometimes easier than making a brave decision to part ways when children are still residing at home.
Regardless of the timing, I believe (and I tell my clients) that their choice to divorce is the bravest of all decisions. To come to a place in one’s adult life where the decision has been made to end an unhappy marriage is profound. We live in a culture that honors marriage and makes a very big deal about bridal showers and bachelor parties and weddings. We have tax codes that endorse the financial benefit of marriage. We have an entire set of language that regards marriage as a special institution: tenants by the entirety, adultery, bastard, and espoused among other marriage-specific words and phrases.
When so much of our culture supports the institution of marriage, to choose to start a new chapter, which is really all about the hope that an unknown future may be better than a known present, is an endorsement that life is short and that continuing to live a life with someone who doesn’t bring out the best person in you is no longer wise.
I’m routinely humbled when working as a facilitator in this process, as it permits me to spend time with incredibly brave people. If you are ready to be brave in this way, please reach out. I’m here to help.
There’s no getting around the fact that the Financial Statement is by far the most important document required by the Court. Everything flows from the information contained on each parties’ Financial Statement. Asset and debt division, child support and alimony: all of these amounts turn on the amounts entered on the Financial Statements.
And it is no easy task to complete these forms. Believe me when I say that my clients are routinely frustrated by the details required to complete these financial forms and always perplexed by why the Court demands such detail.
As we plod through the intricacies of each amount, my clients have the unique opportunity to carefully assess their income and expenses. For some, this exercise results in the very first time that many have looked at their financial position with such detail. This is a sobering moment for many.
As the mediation progresses, the clients’ Financial Statements are refined, clarified, and provide a touchstone for the various negotiations that the Court expects divorcing people to have.
So, yes, while beastly and unwieldy, the Financial Statement, despite how arduous it is, has always been something we get through together.
When people who are looking to get divorced go online to educate themselves about the process, they are inundated by information. Some of what they find is accurate, most is not. Anecdotes of horror stories and gutted bank accounts are easy to find. Essays complaining of slow-moving court calendars and endless legal fees abound.
In working with my clients, I confidently say to them, “It doesn’t have to be so complicated.” And with mediation, it isn’t so complicated.
In my mediation practice, I provide my clients with a checklist that includes all the topics that need to be discussed and reviewed for the court to be able to approve the couple’s separation agreement. Mediation allows the couple to work through their issues and at their pace. We work together on the checklist. Concessions are made; negotiations are had.
It’s a process, but it need not be one fraught with complication. It’s actually pretty easy if you have a guide familiar with the path.
Please reach out if you are ready to map your future on an easier path.
Oftentimes, I’m asked, “What do we need to do for the first meeting?” While there is nothing you must do in order to fully participate in that first meeting, you may want to do a few things to prepare.
Here are some questions to ask yourself:
- In a perfect world, how will the children’s time be allotted between myself and my soon-to-be ex-spouse? Are these notions reasonable when taking into consideration work schedules, school schedules, activities, etc.?
- Do I want to stay in the marital house? If so, why? What are the benefits? What are the potential challenges? Is this “best” for the children?
- If I don’t stay in the house, where will I go? What are the advantages and disadvantages to a new residence? Are the children relocating with me?
Bear in mind that your initial answers to these will like change and/or take a more defined shape as the mediation progresses. Nevertheless, the themes and realities will be consistent throughout the process. The sooner you begin to grapple with these questions, the more streamlined, i.e., the less costly and time-consuming, your mediation can be.
If you think you might be interested in a mediated divorce, please call Jenna Brownson, Esq. at 978.760.0482.
At the beginning of Covid-19, I had a handful of clients who concluded their mediations with me using video conferencing, i.e., Zoom. While the communication shifted to something different, the work went on and unhappily married couples became civilly divorced individuals.
Until the vaccines were rolled out, I helped my clients work through the “we’re getting a divorce” list of topics the court wants to make sure were discussed. Pre-vaccine, those clients were exclusively Zoom-based clients.
But now, vaccines ARE available. Now, the best way that I’ve found to decide between “in-person” or “Zoom” is to ask: “What is your vaccination status?”
The answer to that simple question will determine if we meet remotely, in-person, or even in-person with some conditions, e.g., masked or outdoors.
People still need the service and guidance of mediators, even during this (potentially never-ending) pandemic.
If you’re considering mediation, know that I care about your safety and will endeavor to make sure that our sessions are safe. For all of us.
It is possible to go from where you are now (wondering how long you will have to wait before you can make a positive change for yourself) to where you want to be (moving toward a fair and equitable way to end your marriage).
If you’re there, I’m here.
To reach Jenna Brownson, call 978.760.0482 or email to email@example.com.