I attended a monthly dinner meeting a few days ago and in kicking off the New Year, it was held at a new venue – a well known restaurant/inn on Long Island. I’ve been there many times before and it is a lovely place.
 
The meeting took place on January 10th. The outside of the Inn and surrounding grounds were still decked out with holiday lights but nothing prepared me for what I found when I went inside. It was still completely decorated with Christmas trees, ornaments, twinkling lights, and mini-Christmas scenes. Even the requisite poinsettias were still strewn throughout the rooms, dining and otherwise. I counted on my toes and figured out that the 12 days of Christmas had passed 3 days ago. Perhaps I’m splitting hairs here, but there was something about moving into mid-January and still seeing not only the vestiges, but a full blown array of Christmas fare that just didn’t sit right.
 
For some, the holiday season from Thanksgiving through the New Year is laced and perhaps fraught with a mix of tumult, family, expectation, friends, financial expenditure, family, parties, food, family, late nights, over eating . . . Oh, and did I say family? It can be the best of times or it can be the worst of times depending on where you stand during this yearly season of good cheer!
 
I bring this up because I wondered why I had such a visceral reaction in seeing all the seasonal decorations still up. Then it hit me. I like January. I like the cold weather, I like the bare and spare look of everything post-holiday, post-man made ornamentation The trees are stripped of their leaves and everything stands out in stark relief. There is something clean, clear, refreshing and somehow restful about it after all the over indulgences of the holidays. I’m actually glad to stop over-eating!
 
So this also got me thinking about an interesting phenomenon that occurs in my practice. Every year, both during and after the holiday, the phone starts ringing off the hook with potential clients calling about my divorce mediation services. When this starts happening, I’m reminded that for those people, the recent holidays have more than likely represented the “worst of times.” In trying to hold everything together “for the kids” or to give it “one last shot,” they wait until they feel they can’t wait any longer and then make the call.
 
After spending time with them on the phone doing an intake, some will schedule the half hour no fee consultation right away while some others hold off. For those who book the session, the holidays may have crystallized the notion that moving forward to explore a separation is ripe for them. Perhaps the ones who wait need to give themselves the time to let the hyped up emotions of the holidays settle down and allow the quiet of true winter to see things in their clarity before they take the next step.
 
To everything there is a season. Trust your heart to know when the time is right for you.
 
 

If you know anyone who would be interested in reading this blog, do not hesitate to forward it and please feel free to use the Comments Box below to ask any questions, to comment, or to request more information.

Ada L Hasloecher

Divorce Mediator / Center Founder

Divorce & Family Mediation Center, LLC

Phone: 631-585-5210

eMail: Info@DivorceandFamilyMediationCenter.com

Mediation – A Means For Better Communication

 

In my years as a divorce and family mediator, I’ve seen over and over again what a critical role communication plays in relationships. I’ve also seen how mediation can encourage and improve communication between couples, potentially resulting in one of two very positive outcomes.
 
One outcome is that the parties are able to communicate and work together in a spirit of cooperation, coming to mutually satisfactory resolutions on all the issues that have to be included in their Settlement Agreement. The couple addresses the needs of the family in a balanced way and their collaboration helps their children make the transition to a new family structure which hopefully will be no less whole and secure for. When this occurs, I consider it a job well done.
 
This is not to say that it’s easy to get there, but the mediated setting allows for a dialogue between the couple that is not necessarily available in the litigated arena. This discourse can often lead to a new understanding between the parties.
 
When couples are contemplating a separation, they are focused on what’s NOT working in their relationship and understandably have an inventory of grievances to support this perspective. Once the focus is on “what’s wrong with this relationship”, communication between them breaks down and finding a way to hear each other becomes almost impossible.
 
Many married couples have, what I call, an “already listening” attitude with each other. What I mean by that is:

• They already know what the other person “means” when they say thus and so;
• They already know what the other person is going to say even before they say it;
• They already know the history behind what’s being said and therefore they don’t even bother listening anymore;
• They feel that they’ve heard it all before and it’s just going to be more of the same.

Which leads me to the second potential outcome of mediation, which is that it can lead to a revelation when one spouse hears something for the “first time.” As mediators, we strive to keep all lines of communication open and toward that end, we will often reframe and reflect what we are hearing from each of them in order to restate what was said in such a way that the other person can actually hear it.
 
In the “already listening” mode, one can completely miss what is actually said because the “listener” is only hearing what they thought was meant, not hearing what was actually stated. We are all guilty of this kind of listening. Just look at the face of a spouse who, at a party, has heard the other spouse tell a joke/story for the umpteenth time and you know what I mean. But what is essential for a mediation to be successful, is that each party be heard and understood so as a couple they can make good decisions together and continue to co-parent their children well.
 
When couples are able to communicate in mediation, they sometime have an exciting “Ah ha” moment. One such moment occurred when I was working with a couple on their parenting plan. This plan was complicated by the fact that the wife had been out of the work force for quite some time and now had to contemplate going back to work AND still be there for the kids when they came home from school. The husband worked in Manhattan so could provide no assistance in that regard. Naturally, she was upset about the situation for all the obvious reasons, not the least of which included her anxiety about getting back into the work force after all the years on the side lines while she was raising the children.
 
During that session, the husband acknowledged her for the amazing job she had done raising the children while he was an almost “absentee” father. He praised her for her fortitude, intelligence and wits. He apologized to her for having to put up with him all those years.
 
I watched her face as he spoke. It transformed from a grimace to one of sheer astonishment. She looked at him with tears in her eyes and said: “You never told me that before.” It was truly a beautiful moment. They put the mediation on hold, agreed to go to couple counseling and I never heard from them again. The best kind of mediation success story!
 
If not for the mediation setting, this wonderful occasion of pure communication might never have occurred. This is the potential that mediation holds. It doesn’t always end in happily ever after, but it can create a new “listening” relationship for a couple that can hold them in good stead as they transition their relationship into the future.

Ada L Hasloecher

Divorce Mediator / Center Founder

Divorce & Family Mediation Center, LLC

Phone: 631-585-5210

eMail: Info@DivorceandFamilyMediationCenter.com

If you have questions about Separation and/or Divorce Mediation,

or the Mediation Services provided by Ada Hasloecher and The Divorce and Family Mediation Center -

Please Call (631) 585-5210 Today

In any major life decision, the first step is always the hardest.  You can spend hours weighing the pros and cons, researching on the Internet, talking to friends and family. . . but eventually you have to take that first step toward resolution.

In a separation/divorce situation there are a number of decisions to be made, the first of which is whether to try mediation or go through litigation.  Not sure of your options?  Then the first step is to pick up the phone and make the call.

When you call the Divorce and Family Mediation Center, you will get a comprehensive overview of the mediation process:

Advantages of mediation over litigation:

• A less contentious way to deal with separation/divorce
• A less expensive way to deal with separation/divorce
• A less time consuming process than litigation
• A less stressful process for the entire family, especially for the children

Topics/Issues that will be discussed and resolved:

• Children – custody, child support, parenting plan… just to name a few
• Finances – equitable distribution of both the assets and debts
• House/Possessions – what to do with them, how to divide them

Different types of agreements that will result from the mediation:

• Separation Agreement
• Stipulation of Settlement

Head reeling?  At first blush most people are thinking “Oh, I just have to separate from my spouse right now” and not thinking about all the little details that have to be worked out. That first call will make you aware of those details and give you the information you need to make an informed decision so that you can move forward.

Thinking about a Separation or Divorce?  Take the first step.  Make the call.

Ada L Hasloecher

Divorce Mediator / Center Founder

Divorce & Family Mediation Center, LLC

Phone: 631-585-5210eMail: Info@DivorceandFamilyMediationCenter.com

A Divorce Mediator Can Help a Couple Figure Out What to do About the House in a Divorce

What Happens to the House When We Separate?

When couples are separating the question of what happens to the house is a big topic of conversation and negotiation during the mediation.  Each couple comes with a different set of circumstances that will drive the answer to this question in one of several directions. As a general rule, there are several reasons that couples will want to hold onto the house: emotional attachments; keeping the children in the school system; and/or financial reasons.

In the first case, some couples just love their house, have poured their heart and soul into it, raised their family there and are reluctant to leave.  Since they are separating, other than selling it, only one of them can stay in the house if they both agree.

For couples with children, they first have to determine who will have residential custody of the children and whether or not keeping them in the current school system and/or the house is important to them.  Even in cases where the house must be sold, it’s still possible to keep the children in their current school system by purchasing a new home or condo or finding a rental in the district.

For other couples who have been married and lived in the home for many years (and who did not take out home equity lines of credit or refinance the house), the mortgage may be mostly paid off and the monthly expenses on the house are far less than if they were to purchase a new home.  If once spouse wants to continue to live in the house, they will work out a buyout for the fair market value of the house so the other spouse can get their equity and purchase a new home.  If their children are emancipated and have moved on, they often decide to sell the house, take the equity and purchase something smaller and more manageable.

Whatever the circumstances are, in order to separate the emotional issues from the financial ones, one of the most important things I do in my practice is to help the couple determine what they need monetarily to move forward and live separately and apart.  When we have worked out their monthly budget, then we see what their respective incomes are including earned income, child support, maintenance/alimony (if appropriate) and any other sources of revenue (social security, etc.).  When we back those numbers into the budget, we can see if the mortgage payments and utility costs are within their means or beyond their ability to sustain the upkeep on the house.

If it’s decided that one of the parties will stay in the house, then the next question is for how long.  In mediation, we discuss a time-line for either a sell date or a buyout to allow the non-residential custodial parent to get his or her equity out of the house.

Ada L Hasloecher, Mediator / Center Founder

The other option is to sell the house now and negotiate the splitting of the net sale proceeds.

What About the House? Or Click Here.

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By Ada L Hasloecher, Center Founder / Mediator