10 frequently asked divorce questions

10 frequently asked divorce questions

Get answers to some of the most important questions about separation and divorce.
Updated:
2009-11-15 21:21
Published:
2008-05-04 00:00
By 
Anne Bokma

Divorce procedures and telling the kids the truth

Deborah Moskovitch wants others to learn from the mistakes she made when she got divorced. And there were plenty, not the least of which was allowing the divorce to drag on for seven years. "I realized there were huge lessons to be learned and I wanted to share them with other people," says Moskovitch, a 48-year-old mother of three who began her divorce odyssey 11 years ago and now operates her own divorce consulting service in Toronto.

Moskovitch sat down with Homemakers Magazine to give anyone contemplating or just beginning a divorce the benefit of her 20/20 hindsight. Here are the answers to all those questions you never thought to ask, are too embarrassed to ask or never knew whom to ask.

1. My husband and I don't love each other anymore, even though we don't fight. Should we stay together for the kids?
“You have to do your own soul searching,” says Moskovitch, who urges people to have at least a few sessions with a marriage therapist before calling it quits. “If you realize you just can't make it work, at least you know you tried everything you could to save your marriage.”She points out that studies show children who grow up in intact families tend to fare better in life than children of divorce. On the other hand, the majority of children adapt to divorce reasonably well. Eighteen months after divorce 75 per cent of kids are indistinguishable emotionally and behaviourally from kids whose parents aren't divorced, says Moskovitch.

The other 25 per cent are at risk for poor academic achievement, drug and alcohol abuse, and depression. How well your child accepts the divorce depends on how you handle it. “War between you and your ex is the main factor in kids not adapting,” she says.

If your child is having a difficult time accepting the divorce, a therapist can help. “Children don't always share their feelings around divorce and may need a neutral, third party to talk to and help them cope.”

2. Don't my kids deserve to know the truth — that my husband cheated on me?
No, they don't. “It will only confuse the children, may destroy their relationship with the other parent and could have a monumental impact emotionally,” says Moskovitch. Although you may be feeling victimized, remember your job is to look after your kids, not the other way around.

“You have to put your own emotions on the shelf to help your children with theirs,” says Moskovitch.

3. How do I find the right divorce lawyer for my case?
Do not just pick the first lawyer you find in the Yellow Pages and do not hire your cousin the tax specialist. Moskovitch advises you build a list of lawyers who specialize in family law, also called matrimonial lawyers. Ask divorced friends and their former spouses for their opinions on who had the better lawyer, and get his or her name. Narrow down your list to three and have consultations with each of them. “You need to see if you can have a good-working rapport with this person,” says Moskovitch. “You are in this for the long haul and you need to be able to trust the lawyer you choose.”

4. Can we get divorced without going to court?
“Smart divorces” don't usually end up in court. In her book, Moskovitch outlines the many noncombative ways to dissolve your marriage, including do-it-yourself divorces, mediation by an impartial third party, arbitration in front of a retired judge or senior lawyer, and collaborative law, in which lawyers work together toward settlement. “Most lawyers know what the financial outcomes of most divorce cases will be, and that this outcome will be roughly the same no matter what form of resolution is used,” says Moskovitch. “The emotional impact of each process, though, is significantly different.”

Emotions, too, are factors in helping it all happen faster (although couples are required to live separately and apart for one year before getting divorced — they can live in the same house but not share the same bed). The quickest divorces are those in which both parties are able to work out child custody and financial support issues amicably.

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10 frequently asked divorce questions

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  • pam wrote:

    Sep 26, 2007

    2009-09-22 10:48 AM

    Seems like divorce subjects are always based around women.Where is there some advice for men??They to can go through some horrible ordeals,seems like the world thinks men and women are not created equal.
  • Scott Groves wrote:

    Sep 02, 2009

    2009-09-22 10:48 AM

    I find this article to be a joke. I recently seperated from my wife of 11 years after I had discovered she was having an affair. The system is totally slanted towards the woman in cases like this. I wont bother sharing my complete story but in the end I spent a week in prison because of lies my ex told to the police without even a chance to explain my side of the story. I got out of jail to find she had completely drained my bank account and left my house mortgage months in arrears without my knowledge. Unless I was willing to spend thousands of dollars to fight her which would only hurt my children even more, I was forced to take it all on the chin and hope to be only a part time parent to children that I am very close to. This article states that the children do not need to know the truth! What a joke! You don't think a person that lies this much about things that are hurting the children should be shown for what they are? I guess I'll just let them learn that they too can grow up to be just like thier mother and lie thier way through life!
  • Charlene Smith wrote:

    Nov 03, 2007

    2009-09-22 10:50 AM

    Pam,I agree with you.In our society in the need to cater to everything"women"we have lost the ability to remember there are two people in a relationship especially when kids are involved. Lots of services for women,none for men. Our society is now out of balance. I am a mom of one,step-mom of 6 step-sons from two marriages so I believe I can easily qualify as an expert. One ex is heaven to deal with,the other hell. People seem to lose sight of the fact that kids NEED both parents.
  • Rob wrote:

    Sep 01, 2009

    2009-09-22 10:50 AM

    re.: Article: Life & Times: 10 frequently asked divorce questions. I would just like to commend the author of this article for her compassionate and even-handed approach to addressing the issue of divorcing. As a single father of three who has been amicably divorced for almost five years. I appreciate her balanced perspective without the resentment and spouse-bashing that come sometimes accompany these articles. Your concern for the welfare of the children and the partners experiencing divorce, makes your advice all the more valuable during the end of what all initially hope is a lifetime relationship. Thank you.
  • Thai Tran wrote:

    Sep 01, 2009

    2009-09-22 10:51 AM

    Your article is very informative. I guess the best thing for two couple is to go see a counselor, just like you said earlier, sometimes we only listen to the third person. That third person has to be someone outside the family tree.
  • T Samkin wrote:

    Jan 18, 2008

    2009-09-22 10:51 AM

    Very heterosexual - gays and lesbians get divorced too (and have children/custody issues)
  • Merla wrote:

    Apr 21, 2008

    2009-09-22 10:51 AM

    I appreciate the advice that is in this article but a lot of it doesn't pertain to a woman in her 60's who is just separating and needs to find out how to get back into the social scene with people her own age, and how do you handle grown children who do not accept what you are doing?
  • Susan wrote:

    Apr 15, 2009

    2009-09-22 10:51 AM

    I value your advise but I feel you speak of only youg children in your information. My children are 28,26,23,22 years of age and I was married for 28 years and recently divorced. My oldest daughter has been very level headed and fair through it all, my third daughter has come around to sort of accept our divorce, but my second daughter and my youngest, a son treat me like garbage. I mentioned to my husband that the sooner we get along and the children see that we have accepted the situation and move on the sooner our children will heal, but its been over a year now and the children's attitudes are increasingly worsening. Any suggestions. By the way, my X spoke to me more when we first separated than he will now, I left, but we agreed on a settlement together and he even offered to help me move! He avoids me now very much.I'm confused.
  • Diana Gold wrote:

    Sep 29, 2007

    2009-11-18 2:59 PM

    An amicable divorce is hard my ex & I are still working out ours with our lawyer. It's hard to be on the same page at a time like this, very stressful! Thank god for my therapist!
  • M Arthur wrote:

    Sep 01, 2009

    2009-11-18 3:01 PM

    a better article than many on Divorce. but not enough guidance on the potential dark side of a marital split. # 10 says divorce can devastating, 'but it can also be freeing for women, allowing them to pursue their own interests.' - isn't that why people to get married in the first place: to pursue common interests with a loved one? - the notion that 75% of kids recover 18 months after a divorce is notorious. why then has this generation grown up with a skyrocketing divorce rate, and such cynicism about marriage itself? - finally, question 1: should we end a loveless marriage even though we're not fighting, since we have kids? child-rearing is stage of marriage -- it should never be the reason for it. better to solve the problem and keep the marriage, than to end the marriage, and take the problem with you. (--:
  • Pauline wrote:

    Sep 26, 2007

    2009-11-18 3:02 PM

    To comment on Pam's feedback regarding divorces/separation focusing more on the women; the last time I checked the percentage of men leaving the marriage for another women was extremely high, the percentage for women leaving the marriage not including leaving an abusive relationship was very low. Also, women are more likely to attend marriage counselling, get help compared to men. These reasons maybe why we hear more about women and separation/divorces.
  • Lynn wrote:

    Sep 01, 2009

    2009-11-18 3:02 PM

    I have been through this and the best thing I read: The biggest mistake woman make is waiting, they wait and wait for this, for that. They let the male dominate even thoughout the divorce. They also try to remain "nice". They want to remain friends, they want the children to feel ok, as usual they want everything for everyone but themselves. The results of your divorce could dictate the rest of your life and it's not a time to lose control and just wait and be nice about it.
  • Yvonne wrote:

    Dec 15, 2009

    2009-12-15 1:29 AM

    The post-divorce, children-away-with-the-other parent, loneliness can be dreadful if you regard it as a form of abandonment. But, as with most things planning activities for oneself, is paramount. Using that precious alone time solely and selfishly for oneself is the key. Setting up a spa atmosphere in the home for beauty treatments, nail care, hair treatments, and skin care is a wonderful way to pass time. Also, working on one's wardrobe, learning how to make ones own clothing and accessories, learning a new skill, taking second or third language courses, indulging in lunches and dinners out with friends and watching for concerts and movies of the kind that one likes best. Priceless.
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