Coping with Difficult Behavior

diff_beh.jpgThroughout life, we sometimes encounter difficult people. We may argue with them, fall silent, comply or take distance. In a divorce, particularly an acrimonious one, difficult behaviors abound. No one is on their best behavior under this amount of stress. Figuring out how to cope with difficult behavior is a bit easier once you can identify why a person behaves in a certain way and what he/she hopes to accomplish. Here is a list of the most common behaviors that frustrate us all and suggestions for dealing with them:

The Bully – uses temper tantrums to overwhelm you; makes insulting and cutting remarks. Needs to feel superior and not lose control of the situation. Wants to get his/her own way.

*Stand up, listen, do not attack back, and take time-outs. Keep to the agenda.

The Complainer – gripes about everything incessantly. Needs to keep looking like a victim, does not take any responsibility, tries to bring others down to make her/himself look/feel better.

*Listen. Try to pin down specific complaints. Offer no apology. Ask, “How do you think we could fix this?”

The Silent Type – the most response you get is “nope,” “maybe,” and “I don’t know.” Needs to Read More... “Coping with Difficult Behavior”

Contempt Remedies for Non-Compliance with Court Orders

contemp.jpgFactual Scenario:  The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court.  But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries.  There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees.  In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry.  Another name for the same action is for Husband to file a Motion to Show Cause why Wife should not be held in … Read More... “Contempt Remedies for Non-Compliance with Court Orders”

How You Can Influence Your Own Happiness

ram_pos.jpgEvery Sunday I look forward to reading Dayton Psychologist, Gregory Ramey’s article in his Family Wise Column in the Dayton Daily News.  A few weeks ago, he wrote a very interesting piece about “the pursuit of happiness” but not from the legal perspective as contemplated by our forefather’s in the Declaration of Independence, but from a psychological viewpoint.

“Happiness” can no doubt be elusive and its meaning can be very different to each of us.  In some fashion or form, it is an issue that many clients either considering a divorce or having gone through a divorce must confront.  Genetics and life events are no doubt factors, but according to Dr. Ramey, each of us can take steps which will have a major impact on our own “happiness”.  I think that you might be a bit surprised by both his opinion and his candid common sense suggestions!

Happy People Enjoy an Upbeat Approach to Living

I really enjoyed watching Will Smith portray a determined dad in the “Pursuit of Happyness.” Based upon the real life story of Chris Gardner, Smith’s character goes to extraordinary lengths to improve himself financially while remaining dedicated to caring for his 5-year-old son as a … Read More... “How You Can Influence Your Own Happiness”

Concerned About How Your Children are Coping? Here is a Valuable Resource!

kidscent.jpgI am constantly scouring the web to find valuable information to post here. I was pleased to recently find an excellent website geared towards children’s issues. Kids’ Turn Central was a new find for me, but probably not for many parents and teachers. Wendy Hogan has cleverly integrated a plethora of diverse material, games and activities that are fun, safe and educational for children, including some cool “clipart”, into the website. She launched Kids’ Turn Central in September of 2001.

The page that I wanted to bring to your attention lists numerous books, child rights organizations, and other resources focused on children of divorce. With Wendy’s permission, below is a sample of its content. It is worth your time to check her website out thoroughly! I’ll bet that you will find material that will be both beneficial and fun, too!

It’s a fact. Every year millions of kids must go through parents divorcing.

If your parents are happily married you probably have at least one friend who has divorced parents.

The resources below are meant to assist both kids going through divorce – and kids who want to help understand what a friend might be going through.

Divorce Sites for

Read More... “Concerned About How Your Children are Coping? Here is a Valuable Resource!”

The Nuts and Bolts of Real Estate “Short Sales”

foreclose.jpgRecent estimates indicate that possibly more than twenty-five percent of all homeowners are upside-down on their home mortgages, meaning that they owe more on their home loan or loans than the fair market value of the residence.  This makes it virtually impossible to sell at a private sale.  When a couple goes through a divorce or dissolution and needs to divide the assets including such a home, what are they to do?  One answer is to walk away from the house, which will lead to foreclosure litigation and a crippled credit rating.  Another possible answer is to complete a “short sale”.

A “short sale” is when a lender agrees to the sale of a property by the owner for less than the amount owed to the lender.  It means that the lender is willing to accept less than the amount owed.  Except for those lenders who are participants in the Home Affordable Foreclosure Alternatives Program (HAFA), the lender may or may not pursue the difference against the borrower.  If the lender does forgive the difference, it likely will not be considered as income by the IRS as long as it complies under the Mortgage Forgiveness Debt Relief Act of 2007(which … Read More... “The Nuts and Bolts of Real Estate “Short Sales””

Adjustment Tips: Do You Have a Child Living in Two Homes?

twohomes.jpgThrough the divorce process, children deal with many changes. One of the most significant adjustments children have to make is living in two homes. Even if a child visits one parent for a few hours a week, the child should feel at home there. This helps foster connection with the non-custodial parent and helps the child to recognize that the non-custodial parent didn’t “divorce” him/her. Issues of abandonment and rejection are paramount for children of all ages, although the young ones can’t express it and the older ones either won’t or they “act out.” Creating a sense of belonging in both homes assists the child in making a healthy transition. Many children actually enjoy having two homes because they get special attention; often have two birthday parties and two sets of Christmas or Chanukah gifts.

Here are some tips to help children adjust:

  • The child should have her own room. If this isn’t possible, she should have her own space in a room – her own dresser drawer, a toy bin, some shelves.
  • He should be allowed to keep his things in that space and arrange them as he wants to.
  • Let the child help decorate the space. By picking
Read More... “Adjustment Tips: Do You Have a Child Living in Two Homes?”

In Camera Interviews of Children in Divorce Court

camerain.jpgWhat is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  This is an inquiry in which the court hopes to hear not only the words but the music of the various relationships.”  Dempsey v. Dempsey, 96 Mich. App. 276, 289 (1980).

What is the goal of an in cameraRead More... “In Camera Interviews of Children in Divorce Court”

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