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Local Divorce News
  • Globe and Mail - The most common time to file for divorce - January 9, 2012
  • CJSW - Interview with a Divorce Expert - October 18, 2011

         http://cjsw.com/program/ywss/interview-with-a-divorce-expert/

  • Globe and Mail - How divorced parents can have a happy Thanksgiving - October 6, 2011

         http://www.theglobeandmail.com/life/relationships/love/divorce/how-divorced-parents-can-have-a-happy-         thanksgiving-and-existence/article2193570/

  • Calgary Herald - The Back to School Split - September 2, 2011

Back-to-school brings its own set of pressures. For kids, there can be anxiety about new teachers and friendships. For parents, concerns may include the cost of new "in" gear, scheduling all the extracurriculars and getting kids out the door every day.

But in families where the parents have split up, there's more to balance with less time, money and energy and two households instead of one to manage.

"It's a time of change, and any change is an added stress," says Zoe Eakle, a registered professional counsellor who is also a special-education assistant for the Greater Victoria School District.

Typical issues can include budgeting for class trips or school activities school friends can afford, drop-off and pickup scheduling and kids dealing with different homework expectations from week to week.

It's "awesome" when separated parents can both show up for their child's first day of school and co-operate, says Deb Walushka-Longphee, a negotiator at Fairway Divorce Solutions in Victoria, B.C.

If adults can't manage that, the parent who doesn't have the child that day is better off sharing the experience later on.

"It's in the best interest of the child to have involvement from both parents with schooling," Walushka-Longphee says. Both parents can watch their child in the school play but must respect the other parent's time with the child. At a special performance, that might mean bringing along a friend or grandparent if they can't sit amicably together.

Parents can't dictate what happens in their co-parents' homes, but both need to be responsible for homework and projects, Walushka-Longphee says.

When parents separate, it's up to the child to accommodate an awful lot by default and grow up more quickly, Eakle says. "If they're going to different homes, that's just how it's going to be."

So parents are under much more pressure to "really take the high road" and constantly think about how what they're about to say or do will affect their children. The solution is, of course, putting the children's needs first, but it's a "tricky thing" to do that, Eakle says. "We always want to make that our priority, but our feelings get in there all the time."

Katherine Dednya, Calgary Herald

 

  • Globe and Mail - How to Help Kids Cope with Divorce - September 2, 2011

The Smart Divorce author Deborah Moskovitch offers some basic back-to-school help for parents who have decided to separate in September.

Get thee to the principal’s office

To avoid awkward moments between your child and a teacher unaware of the new family dynamics, try to eke out a moment with a principal or vice-principal, who can relay the news. “They know how to handle it with their teachers,” says Ms. Moskovitch, adding that this is crucial if pick ups are being handled by a parent unfamiliar to staff. “Parents often change the guard at school, rather than going to the other parents home to pick up the children. This way, the teachers are aware of what’s happening if they see another parent they’re not used to seeing.”

Get on the school list

If you weren’t the parent manning the school email list, get your own account now. Ms. Moskovitch said “Make sure you get report cards mailed to you – register your second address. If there are field trips, you can put your name on the list to be one of the parenting guides. It shows the kids that you care and want to be involved.

Homework for all

Moving out doesn’t exempt a parent from helping the kids with their homework, especially if they’re particularly strong in a subject. “If you were married, the kids would come home from school, have snacks and maybe some play-time, and then they would do their homework.” Recreate that discipline at your place.

Be flexible with visits

Between mountains of homework and extracurricular events, your children’s dance cards will fill up fast. Wednesday night pizza may not always be an option; try a lunch on the weekend or during the week if the school allows children to leave the grounds. “The parent cant’ take it as a negative e if the kids are busy with their friends doing school projects or hockey. They have to be creative in how they spend time with their kids, whether that’s driving to the activities or having a quick dinner.

Have the talk – most parents don’t

Ms Moskovitch urges parents to speak with their children about the separation and anticipate their questions: Where will they live and go to school? “You need to give them a sense of security if they’re already going to start the school year with a heavy heart because they don’t know what’s going on, at least you can try to minimize the confusion by having that conversation.”

Zosia Bielski, Globe and Mail

 

  • Globe and Mail – Hello September, So Long Spouse - September 2, 2011

September is the cruelest month for students, but not for divorce lawyers, as the dusky end of summer brings a swell of clients to their offices each year.

“Fall is back to business time,” says Julia Cornish, senior family lawyer of Sealy Cornish Coulthard. The Halifax firm sees two spikes a year – September and January, New Year’s resolution time.

“Because we all spent so many years in school, it’s a point in our lives where we’ve been conditioned that this is when we do something new,” Mr. Cornish said.

Her offices sees double and sometimes triple the normal number of calls in September. These are from new clients, as well as those who had initiated the separation process in spring, but let it languish over the summer months.

“People want to get moving,” said Greg Walen, family lawyer with Scharfstein Gibbings Walen Fisher in Saskatoon.

“They’re back to work, they’re back from summer holidays, and they’re back in town from the lake.”

According to Statistics Canada, the country saw 70,226 divorces in 2008, a number that’s help fairly steady since 2001. While there’s no official exit poll in September, Canadian divorce lawyers seem to agree: the calls come thick and fast this month.

Dinyar Marzban, senior family lawyer with Jenkins Marzban Logan in Vancouver says empty nests motivate the September divorce spike. “Fall comes around and children go to school. The category of people who rightly or wrongly hung in there for the children, maybe the last one’s gone away to university in September. There’s a fair amount of that, people waiting till the last kids’ out of the house.

He points out that this brand of waiting game is usually reserved for couples who experience a “general dissatisfaction” in their marriages, not the cut-throat betrayals that prompt high conflict, low patience splits.

Many couples will have stewed for months or years before making the September phone call: “I don’t’ think people’s marriages break down then. It’s just that they start phoning lawyers then,” Mr. Marzban said.

For people waiting it out through a summer of family-filled days, ‘the dialogue they have with themselves is “can I hang in, should I hang in?’” Ms. Cornish said.

“It’s the same things as trying to get through Christmas: Let’s get through this. Unless something catastrophic happens, nobody decides on Christmas Eve, ‘Sometime today, I need to go see a divorce lawyer.’ What they say is ‘I’m thinking this probably can’t go on much longer. I’m going to get through Christmas, then come January, it’s time to make a change.’

Of course, there are regional differences. Wendy Best, family lawyer with Dunphy Best Bloxom in Calgary says that while city lawyers do see a jump in September, the real surge comes after July’s Stampede.

“We think it’s because everyone’s out Stampeding having a grand old time drinking non-stop starting at & in the morning. There’s all these stupid ridiculous sayings like ‘It ain’t cheating, it’s Stampeding.’ The Other person’s saying ‘Thanks, I’m done with you.’”

Stampeding aside, several factors make summer an unpopular time for initiating a divorce. “It’s not a lot of fun spending a beautiful summer day in your lawyer’s office,” Ms. Cornish points out.

Mr. Marzban sees it as a seasonal lethargy: “People tend not to do anything in the summer. Summer, everybody powers down a bit.

Another more tangible reason would be that all-inclusive get away you splurged on together.

“Do you want to spring that on your partner before you go on the two-week holiday you’ve planned and saved for?” Ms. Cornish posits.

She adds that for those itching to split, summer also offers little in the way of momentum.

“Its frustrating if you are trying to get things done, only to hear that your spouse is on vacation for the next two weeks, then their lawyer’s on vacation for the next couple of weeks and then your lawyer’s on vacation. Typically courts have a much quieter schedule in the summer as well.”

At the same time, Ms. Cornish suggests summer can be the only time left in the year for reflection, a pause that can then spark the September phone call.

“It’s an opportunity to step back from the daily grind, figure out what’s working and what’s not in your life.”

Zosia Bielski, Globe and Mail

 

 

  • Globe and mail - Divorce can be a pain in the piggy bank - August 29, 2011

You think weddings are expensive? Try a divorce. Most people are completely unaware of how financially devastating it can be to break up a marriage, says Laurie Campbell, executive director of Credit Canada.

 "The biggest mistakes I see are people underestimating how much it will cost, not preparing for that ahead of time and using credit to supplement their financial needs which can land them in serious trouble,” she says.

The complexity and cost of each divorce depends o9n the couples’ situation; whether they own a home, whether they have kids, whether they are both working, and also, whether it is an amicable split.

Dividing a huge asset like a family home is a challenge, Ms. Campbell says. If they cannot agree or afford to have one person buy the other out, the couple can sell the house and split the money.

But dividing debt is even more complicated, Ms. Campbell says. “We see this here all the time – where one spouse has racked up joint debt and the other spouse is on the hook.”

If you are thinking about getting a divorce, Ms. Campbell suggests you think about these financial considerations.

Whose debt is it?

Decide who will be responsible for the debt you as a couple have incurred – things like credit cards, lines of credit and mortgages.

If you have a secondary credit card, you will be considered responsible for the debt – unless you can prove that you never used it.

Educate yourself

If your partner has been responsible for looking after the family finances, brush up on your financial literacy. If you have been a stay at home parent, your work skills will also need to be updated. To cut costs, look into free courses via community agencies or the government.

Check your credit rating

Even if you trust your spouse, order your personal and joint credit report from each of the two credit-reporting agencies, Equifax and Trans Union. If unknown debts have been racked up under your name, overlooking this could cost years in debt repayments. If you have signed up for any type of credit and your spouse used it, you are responsible.

Pare back your lifestyle

Be prepared to live without the perks that your relationship affords you and your children. The cleaning lady, your children’s summer camps, overseas holidays as well as lavish spending on clothing and dinners out might have to go. This may be your new reality.

Create an emergency fund

You never know when you’re going to get mad and throw in the towel with your relationship, so it’s a good idea to set aside some mad money. Ideally, save between three and six months of living expenses to cover rent, utilities, food, transportation, and other necessities.

Create your single-life financial plan

Freedom does not come cheap. You will need to figure out moving expenses, first and last months’ rent, utility deposits and other expenses you will need to move on with your new life.

If you need help creating a budget, contact your financial planner or visit a not-for-profit credit-counselling agency for assistance.

Get a lawyer

Find out your legal rights prior to proceeding with divorce. By doing your homework, you may be able to save time and money. Look up the Federation of Law Societies of Canada for the list of lawyers near you.

A lawyer will help you decide how to divide things like the family house and cottage, as well as investments like TFSAs, RRSPs, and so on.

The taxman cometh

When dividing up your assets, look into the tax implications of the assets you each take and try to reduce the taxman’s share. For example with both a home and cottage should know once they separate, they will be able to use principal residence exemptions to shelter properties from tax. So, it would make sense for each of them to take one of the properties.

Roma Luciw, Globe and Mail 

 

      • 660 NEWS - Who's bed have your boots been under? - July 11, 2011

      Does the Calgary Stampede bring families together, or split them up?

      A new report finds phone calls to divorce lawyers go up by about 30 per cent in the days following the Stampede.

      Karen Stewart who the media has dubbed a divorce guru tells 660News the reason is simple:  too much alcohol mixed with too much eye candy leads to increased temptation.

      "It's the one time of the year where we can really let loose," says Stewart.  "I think a lot of people spend the tough winter thinking, and looking forward to, letting it loose in Stampede.  The skirts are just getting higher and higher and the boots are getting lower and lower.  It's just a very flirtatious environment."

      "What goes up after Stampede is the decision to divorce," adds Stewart. "So we're tracking stats that" (are) "based on statistics from the government.  But the phone calls go up after Stampede with regards to divorce."

      Stewart says to ensure your spouse avoids making a "mistake," go with them to Stampede.

      The report doesn't mention whether men or women are more likely to stray during the steamy days of Stampede.

      Click here for full article

         

        • Alberta Prime Time - Stampede Splits - July 11, 2011

          The Calgary Stampede is hitting its stride. 4 days in, and it’s bringing out the crowds. Most are just looking to have a good time, but not for all. According to divorce experts, divorce inquires rise abut 30 % after the event wraps up. Why the rise in interest? Do couples need to worry about their partners attending stampede, and can it be prevented? Joining us for this discussion is Karen Stewart, President and CEO of Fairway Divorce Solutions.  

          Watch Video

         

        • Global Calgary - Stampede and Divorce - July 16th, 2011
          Karen Stewart speaks on Stampede and Divorce 

          Watch Video

           

        • FOX BUSINESS - Why So Many Baby Boomers are Getting Divorced - June 23rd, 2011

         

        My wife and I will celebrate our 37th wedding anniversary this month and we are still best friends. But that isn’t the norm nowadays.

        A few weeks ago we learned friends of ours who had been married for 32 years were heading to divorce court; he was having an affair with his secretary and his wife had no idea.

        The divorce rate among boomers has jumped recently and that number is only expected to climb. Statistics from the National Center for Family & Marriage Research at Bowling Green State University show that despite the overall divorce rate in the U.S. dropping over the last 20 years, the divorce rate among people age 50 and over has doubled.

        When you think we should be enjoying the best years of our lives, so many baby boomer marriages are falling apart. Look at the recent news of the break up between Maria Shriver and Arnold Schwarzenegger. And who can forget the sudden split between Al and Tipper Gore after 40 years of marriage? What's going on here? Is it because the kids are grown and have left the nest? Have we grown tired of each other or is it a mid-life crisis?

        To get some answers, I reached out to Karen Stewart, a divorce and relationship expert and founder and CEO of Fairway Divorce Solutions.

        Boomer: What’s behind the trend of divorce rates dropping in every other age group except for boomers where it is rising?

        Stewart: Baby boomers tend to be the group that has the economic livelihood and the economic feasibility to get divorced. What’s really interesting is that divorce rates will increase in both good and bad economic times. When there is a lot of money in marriage, divorce is a reasonably easy financial solution because when it comes to dividing the assets, there are enough for both parties. Marriages with not a lot of money tend to be more financially strained which can lead to stress and increase the risk of divorce. The baby boomer generation is hit most by those extremes.

        Kids getting older and leaving the nest is another main driver of the increasing divorce.

        Boomer: Do you think these trends are going to continue? Is the 30-year itch the new seven-year itch?

        Stewart: I think the trends will continue in the age group of 40 – 65 year olds. As baby boomers get older I expect the rate to go down. We are looking at the attitudes of different generations; Generation Y seems to have an interesting sense of renewed excitement about the concept of marriage and the traditional family. Marriage is still in. With the recent wedding of Prince William and Princess Katherine we see the industry getting all stirred up again.

        Boomer: Why are boomers looking for alternative options to the divorce process?

        Stewart: Twenty years ago our laws for matrimonial division of property were very outdated and did not protect people getting divorced very well. States are getting slightly better with their laws, and in some states, like California the law splits property 50/50. The laws have sort of caught up a bit with the number of divorces.

        Now, couples going through the process want to be smart and reasonable about it. Divorce will always be a tough, emotional journey, but now people are being more practical and pragmatic about how to bring resolution. Boomers are looking for alternatives to the standard 'hire two lawyers to fight it out'; people recognize the need to bring the marriage to an end in a less destructive way.

        Boomer: What are some of the alternative measures to divorce besides going to court?

        Stewart: Going to trial is probably your one extreme of the spectrum and happens when couples can't get along and their lawyers reach can’t agreement and then a judge makes the final decision.Working down the spectrum might be having two lawyers fight it out and come to an agreement without needing a trial or judge.

        There are things like arbitration which is where a couple will hire a lawyer or maybe an ex judge to make final decisions. You also have collaborative law, which has been around for awhile, that involves each party hiring a lawyer to represent them, but the whole premise of the dispute resolution is that the attorneys cannot go to trial and represent them. If they breakdown in negotiations than the clients have to hire other lawyers.

        You can have a mediation-type scenario where lawyers, financial experts or ex judges mediate the dispute. My company provides mediation for couples wanting a divorce and we have noticed an increase in clients representing themselves, they don't trust lawyers. However, self-represented litigants is causing huge havoc in the system and it will be interesting to see how this trend continues.

        Boomer: What are some of the leading causes of boomers divorcing? Is infidelity a big problem?

        Stewart: The one thing that I hear consistently, regardless of the specific catalyst, is lack of communication--that is by far the universal response. Infidelity is certainly a catalyst and often labeled as a reason; it plays a very large role in the breakdown or end of a marriage.

        A really healthy marriage is hard to puncture, but one that is on somewhat-shady ground is very easy to puncture. It really gets back to the individuals and how they feel about infidelity based perhaps on their beliefs, value system and background. Infidelity is used as a catalyst reason for ending a marriage 50-70% of the time.

        Boomer: Once a boomer couple decides to divorce, what can they do from the start to help preserve their wealth? Most boomers have worked their entire lives to be financially secure, how can they protect their assets?

        Stewart: There are two endings with a divorce: emotional and business. And there are two main things that we have to make decisions about: our kids and our money.

        In the large majority of cases, emotions play havoc with the decision-making process. Philosophically, we need to understand that divorce is a financial ending and we need to be pragmatic about it. The most important thing to do when it comes to money is to look at the assets and the values associated with them.

        Once we can agree on what the assets are worth then we can look at how to divide them. Everything in divorce has a price tag and people must detach themselves emotionally from the assets. Women tend to be completely paranoid about being left to starve and become bag ladies. Men are typically worried about being taken to the cleaners. Our job is to come up with a solution that is going to make both individuals leave feeling comfortable and secure.  

        Boomer: How can boomers deal and protect their older children when going through a divorce compared to teenagers or young children?

        Stewart: When kids are younger mom and dad sit down with them and explain that ‘mommy and daddy love you, but we are not going to live together and everything is going to be all right.’

        While older kids are more cynical and a little more in the know, they are just as much affected as younger kids--but in a different way. Parents need to be open and honest and on the same page on how to deliver the message to the older kids. The same rules apply: Never back stab or put down your ex. Always remember that your child is one half your ex and by putting down your ex you are basically telling kids half of them is not OK. Sometimes older kids hear too much or their parents share too much because they think they can handle it, they can’t. Be honest about your own feelings about what's happening to you without projecting or burdening your kids with any kind of decisions.

        Boomer: Hollywood is setting a certain tone with divorce when it comes to high-profile cases. Do Hollywood couples decision to split up make divorce more appealing?

        Stewart: What is happening in Hollywood is almost ‘sexfying’ divorce. Maria Shriver is the perfect example: the preppy girl who went off to school, married someone who is a little bit of a bad boy, but very successful. Arnold wasn’t all brawn, he also had brains. This is the fairy tale of your average baby boomer and now Maria has just found that her marriage has been basically a bit of a facade. I think we will see a bit of a movement to empower baby boomer women. I am worried that we might be creating a ‘victim sex appeal divorce baby boomer trend.’ I believe if we can get divorcing right we will actually see an increase in marriages.

        Click here for more Fox Business News