1. Appoint a Special Master (go to person) for disputed issues regarding the
kids
Instead of running to court when issues come up in the future, build
into your divorce agreement a back door to avoid court. Is there a couple who
has already successfully raised their children, whose opinion you trust? They
would be the perfect Special Master to use when kid disputes arise in the
future. This is an honor most people would gladly accept. When issues come up,
the parents go to the Special Master, explain their positions and leave it to
the Special Master to give their best advice which would be followed by the
parents. This avoids court and attorney expenses. If you don't know a couple
like this have one parent give a list of 3 child therapists to the other
parent who will interview them and make the final decision. That way each
parent has input.
2. Joint Custody Ideas
If you are looking at joint
custody arrangements, how about the popular 5/2 2/5. This is a very stable and
predictable way of child sharing that insures no more than 5 days will ever go
by without seeing the children. One parent takes each Monday and Tuesday while
the other parent takes each Wednesday and Thursday then have every other
weekend which will either be Friday, Saturday, Sunday, Monday and Tuesday to
one parent and then Wednesday, Thursday, Friday, Saturday and Sunday to the
other parent. The children always know where they are that day and there are
fewer transitions.
3. Child Custody Ideas - Nesting
This is for parents
who are really focused on the best interest of the children and need to save
money. This is YOUR divorce, not your kid’s. Why should they suffer just
because the two of you are getting divorced? They don’t want to move and they
don’t want to go stay at mom or dad’s new place. They want to be in their own
room, in their own neighborhood, close to their friends. So the two of YOU
move in and out of the house when it is your turn to be with the kids. When
you are not in the big house, you are at the shared bachelor pad. This can be
an inexpensive studio or one bedroom flat that is shared by the parents. You
need to have rules about not leaving tell tale items that belong to lovers and
clean after yourself. This saves a LOT of money since no one has to rent or
buy a new place that is big enough to accommodate the kids.
4. Support
Modification
As circumstances change, it may become necessary to modify
child or spousal support. Most states have some sort of calculation they use
to determine support. Any paralegal can run the numbers for you so there is
nothing to fight about. In your divorce agreement, add a clause that states
that the two of you want to reduce legal fees by having informal modifications
when there is a change in circumstances. Agree to exchange year to
date income information and to use a paralegal to determine support and draft
a stipulation in order to avoid court. Also include an attorney fee provision
that says if one party does not abide by this agreement and the non breaching
party seeks relief from the court, they WILL be entitled to attorney fees.
This way everyone has an incentive to follow the agreement.
5. How To Find
A Mediator
The phone book is full of divorce attorneys. How do you know who
to trust? When looking for a mediator it is best to avoid the wolves in
sheep’s clothing. You do not want an attorney who primarily practices
adversarial law. While it is best to use a mediator who is an experienced
lawyer so they can give accurate legal information to the couple, you want to
use someone who focuses primarily or better yet, exclusively on mediation
instead of litigation. Ask the mediator how many mediations they have done
(the more the better), what their success rate is, how long it takes and the
cost. Then compare the answers to see who the two of you like
best.
6. Mediation Won’t Work For These Kinds Of People
Mediation
is not right for everyone. Experts agree that about 15% of the cases involve
high conflict personality types (Borderline, Narcissistic, Histrionic and
Antisocial). Those kinds of people want to fight. They need the drama and
chaos that IS our adversarial system. Mediation is also not right for people
who are hiding income or assets. Dishonest people will not deal fairly with
their spouse which forces the honest spouse to hire an attorney to do
discovery in order to uncover hidden information.
7. Photos and
Albums
Don’t forget about the family photos. Everyone will want at least
some. If you have the negatives, use joint funds to make copies. If you don’t
have the negatives anymore and both of you want the same photos, use joint
funds to make copies. If you have children, they are the ones who will get
these precious mementos. DO NOT tear the other parent out of the photos. It is
not fair to the children who will want the photos intact when they grow
up!
8. When Pets Are the Kids
This issue should be treated exactly like
child custody. The parties are in a MUCH better position to make decisions
about what is in the best interest of the animals. Courts do not want to be
bothered with "property" issues like pets so they will not be much help. A
couple will be much better off if they engage in mediation when pets are
involved. You can tailor a custody and visitation agreement where the two of
you can share the pets as you would children. Both of you should be
responsible for vet costs or any other extraordinary costs. If you use doggy
daycare, those costs can be shared. Be realistic about whether or not the pet
has a primary bond to one person or the other. And like human children, pets
that have grown up together and love each other, should not be divided. They
are better off together.
9. Coin Flip Provision For Dividing
Property
It is insane to spend money on fighting about who gets what. There
are some things that should naturally go to one spouse instead of the other
and you both know it so don’t fight about it. Go through the house together
and identity who wants what. For everything that you can’t agree on, flip a
coin one time. If it comes up heads, the person who is older picks first, tails the
younger person picks first. They will pick the thing they want the MOST and
then it is the other person’s turn, going back and forth until all items have
been chosen.