Tuesday, May 17, 2016

7 Ways You Can Damage Your Kids By Staying In A Bad Marriage

When you're getting a divorce, there's no real way of knowing to what extent your decision will affect the kids. 



Still, if your marriage has created a toxic home environment, they're probably better off getting some distance from it, said Rosalind Sedacca, a divorce and parenting coach and the author of How Do I Tell the Kids about the Divorce?



"Having been raised by parents that chose to stay together in a miserable marriage, I opt in favor of the other side," Sedacca told The Huffington Post. "For me, divorce is preferable to years of living in a home where the parents fight and disrespect one another." 



Below, Sedacca and other child-centric divorce experts share seven reasons why divorcing is preferable to staying in an unhealthy marriage. 





1. You may not be sparing your children emotional and psychological scars by staying together. 







You may live under the same roof, but your nuclear family status means nothing if your kids are only used to seeing you fight, reminded Sedacca. 



"Children feel the tension and are confused by it," she said. "The emotional and mental pain children endure when their parents are a couple in name alone doesn't get touched on enough; the scars are much the same as for those who experience a poorly handled divorce."



She added: "Happiness, harmony, cooperation, respect and joy are all absent when parents are emotionally divorced but still living together." 





2. Your kids will feel uneasy in their own home. 





Kids thrive on predicability. Chronic marital conflict undermines their sense of safety and sameness at home, said Deborah Mecklinger, a mediator and therapist based in Toronto, Ontario.  



"Kids don't know what to expect in this situation. They walk on eggshells, never knowing where or when the next land mine will explode," she said. "Divorce, when done right, diminishes the conflict. Children have the opportunity to learn about respect, real cooperation and communication." 





3. It may lead to low self-esteem for your kids.  







A tension-filled home can leave even the most confident, sure-footed child feeling uncertain and rejected. Indeed, studies have shown that being raised in a high-conflict home can cause children to have feelings of low self-esteem and unworthiness, said Terry Gaspard, a therapist specializing in divorce and the author of Daughters of Divorce. 



"Children are like sponges and they will absorb negative emotions and internalize their anger and shame," she said. "If they're exposed to parents who are chronically unhappy, kids will grow into adults who have low self-esteem and trust issues. An important question to ask yourself is, would the well-being of the children be enhanced by a move to a divorced, single-parent family? If the answer is yes, then a divorce can be advantageous."





4. Kids often feel responsible for their parents' happiness. 





It doesn't matter how much you try to shield your kids from the unhappiness and lack of love between you and your spouse -- chances are, they'll pick up on it, said Betsy Ross, a Massachusetts-based psychotherapist. 



"Even the youngest children can sense that you're suffering and that things are not right," she said. "Since children are naturally ego-centered and generally have the idea that they are more powerful than they really are, they are likely to think they've somehow caused your unhappiness and that it's really about them."  



This isn't the message most parents want to convey, of course, but "it's important to recognize that your child may believe that your anger, disinterest or frustration is their own fault," said Ross. 





5.  Unhappy spouses are often less present as parents. 





When it's a struggle to get along with your spouse, you may not be raring to head home to your family every day, said Mecklinger. 



"Usually, spouses look to 'escape' unhappy marriages and avoid being at home in order to avoid their partners," she said. "They may work longer hours, spend more time with friends or use alcohol to avoid being present. Sometimes as a result of divorce, kids gain a parent."





6. You're showing your kids an unhealthy model for relationships. 







Parents in high-conflict or extremely unhappy marriages tend to provide their children with an unhealthy template for romantic relationships in the future, said Gaspard. 



"You're teaching them that it's OK to settle for less than they deserve in relationships," she said. "Children who observe their parents settling for a miserable marriage might become passive, depressed or pessimistic about their ability to love and be loved in a healthy intimate relationship."





7. Divorce can bring peace to the whole family, if it's handled correctly.





Co-parenting with an ex may not be how you envisioned raising your kids, but when the alternative is two incredibly unhappy adults parenting under the same roof, it may be your best option, Sedacca said.



"If children are being raised in a war zone or in the silence and apathy of a dead marriage, divorce may open the door to a healthier, happier future for everyone in the family," she said. "But only –- and this is the key point -- only if the parents consciously work on creating a harmonious, child-centered divorce that puts the kids' well-being first."  

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Does Alimony "Until Remarriage" Address Nonmarital Cohabitation?

Lack of thoughtful detail in judicial decrees involving alimony and future payments after divorce continually creates legal issues. To the extend one negotiates this language, one must be precise concerning how future payments might be funded (for example, presently financed trust funds administered by a reputable financial institution, or paid-up non-forfeitable life insurance policies held by the Court's Clerk, etc.). What events will alter the responsibility to make future payments (for example, death, retirement, disability, remarriage, cohabitation, etc.)? Always consult an experienced family law attorney in specific situations.



A recent Texas judicial decision concerning alimony payments involved cohabitation that fell short of remarriage. To provide context for this decision, the following is a brief explanation of informal marriage.



Approximately eight states recognize informal (common law), non-ceremonial (no marriage license or official ceremony) marriage. The largest of these states is Texas. Another group of states have grandfathered in informal marriages that were created prior to a statutorily designated date.



The state legislative trend for many years has been to abolish informal marriage since ceremonial marriage is readily available and the ceremony provides clear evidence of intent to be married. The historical reasons for informal marriage involved the difficulty in obtaining licensed clergy to perform a marriage ceremony in a rural area coupled with the old English legal rule that if one were not married in an officially sanctioned manner the children of the relationship were considered illegitimate and could not inherit their biological parents' property. Nonconformists to the official state church (be it Catholic or Protestant) faced significant problems that the legal concept of informal marriage helped resolve. It is frequently asserted that the English Marriage Act of 1753abolished common law marriage in Britain; however, this statute contained a number of exceptions including one stating that it did not apply to British colonies. Hence, common law marriage remained in early U.S. history.



Since judicial proceedings are required to obtain a divorce (no common law divorce), there may be a situation where an individual is still lawfully married to an earlier spouse in spite of having passed through several seemingly marital relationships. This has over the years created significant property and insurance benefit issues.



To address this confusion, some states otherwise allowing informal marriage have enacted legislation allowing an informal marriage to be recorded in the public records like a ceremonial marriage or requiring that the existence of an informal marriage be asserted within a period of years (perhaps 3) after cohabitation ended. Otherwise, the informal marriage does not exist. However, the easiest legislative solution is to simply abolish informal marriage.



The Texas Court decision involved an individual who had been ordered to pay $380,000 per year to a former spouse by a British court "until remarriage." He attempted unsuccessfully to assert the former spouse had contracted an informal marriage in Texas.



The decision under review (2:1) occurred on May 3, 2016, in the Texas Court of Appeals in Dallas (Assoun v. Gustafson). The original divorce occurred in London, England, in 1997 and, in a revised judgment in 2013, the London court ordered alimony payments of $380,000 per year. After a subsequent move the Texas, the former spouse sought a declaratory judgment that an informal marriage had occurred.



The Court noted that the Texas Family Code states "that an informal marriage may be proven by evidence that the couple agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married." [Texas Family Code Sec. 2.401(a)]. "However, it is difficult to infer an agreement to be married from cohabitation in modern society." Even an occasional reference to being married does not alone prove an informal marriage. Consent to be married cannot simply be presumed.



Here, the presumed Texas couple, living together, submitted to the Court sworn statements (affidavits) that they had never agreed to be married. The details of the affidavit are repeated in the Court's opinion. She indicated her homestead status in the connection with the sale of her home as single and declared herself as divorced on an auto insurance application. Tax returns indicating filings as a single person were attached.



An informal marriage was asserted by facts that the presumed Texas couple: lived together, she wore a ring on her ring finger, children called her "stepmom," and the couple occasionally indicated that they were married when registering at a foreign hotel.



The two person majority opinion found that the evidence presented failed to indicate a factual question concerning an agreement to be married. Hence, the majority upheld summary judgment (a decision without a trial) in favor of dismissing the lawsuit. The majority also determined that no addition evidence need be sought or produced. The dissenting opinion stated that the majority opinion only focused on the agreement to be married and not the total situation that should be heard by a jury.



This decision is another cautionary word concerning the critical importance of divorce decree language. Are there circumstances, short of remarriage, that should terminate alimony? Does the decree address cohabitation and how is it defined? Is there a time frame for living together short of marriage that triggers the end of alimony or spousal payments? What is the obligation of the estate of a deceased person who is paying alimony? To what extend are the payments a result of a property division? Is the divorce degree language subject to challenge in Bankruptcy Court? Are spousal retirement accounts subject to these claims? Thoughtful clarity on a broad range of issues is essential. Alternatively, one must understand the default judicial or statutory positions on these issues. Unfortunately, in many situations that end up in court, the questions appear not to have even been considered. A more generous interpretation is that the parties were eager to reach agreement and did not want "minor" details to prevent agreement.



Alimony in a majority of states is not a matter of right. Rather the judge has broad discretion in considering the facts and ruling accordingly concerning the amount to be paid. Legislation, however, may specifically address cohabitation and the obligation to pay alimony. Always consult an experienced attorney concerning a specific state's law.



State law varies concerning alimony payment obligations when cohabitation short of remarriage occurs. The following are four brief examples, two legislative and two judicial, that illustrate the diversity of state law. Of course, these are not all the variations.



The California Family Code states: "Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support..." (Cal. Family Code Sec. 4323). Note, however, that an agreement by the parties is typically upheld by judges, absent exceptional circumstances such as gross unfairness, fraud, or duress.



Massachusetts legislation provides: Alimony "shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient has maintained a common household ... with another person for a continuous period of at least three months. " (ALM GL Ch. 208, Sec. 49).



The New Jersey Supreme Court in a May 3, 2016, decision terminated alimony based upon this agreed divorce settlement provision: "alimony shall terminate upon the Wife's death, the Husband's death, the Wife's remarriage, or the Wife's cohabitation, per case or statutory law, whichever event shall first occur" (Quinn v. Quinn). In this case the former wife ceased her cohabitation during the trial and argued unsuccessfully that the obligation to pay alimony should only be suspended during periods of cohabitation.



A Utah Court of Appeals decision on Feb. 19, 2016, not only ended alimony but retroactively terminated the obligation to pay from the starting date of cohabitation, resulting in a judgment in favor of the ex-husband for the overpayment (Scott v. Scott). The Utah Court indicated that "cohabitation involves living together and being sexually intimate under circumstances akin to marriage," that in this situation had existed for two years.



This comment provides a brief and incomplete overview of a complex topic and is not intended to provide legal advice. Always consult an experienced family law attorney in specific situations.

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The 10 Easy Steps Women Can Take To Find Love After 50

For most women, finding the right guy after 50 can be frustrating and tiresome.



I've found the women who get out there and have the most fun attracting and meeting Quality Men have these 10 traits in common.





#1...Women who are happily dating feel really great about themselves.



They lead active lives that make them exciting, passionate and interesting to men. This woman will make space for a man and the life they'll lead together without giving up herself and all the activities in her own life just to please him.



#2...They know how to get in touch with their girly-girlness



Aka ... their true feminine power, which has men jumping at the chance to date them. Here's the key to knowing how girly-girl you are ... Do you want the man in your life to respect or cherish you above all? If you said cherish, you're are probably in touch with your inner girly-girl.



#3...Women who know and speak the language men can hear have a huge advantage over other women out there.



If you share the types of stories with your guy that you'd share with your girlfriend, it's likely you'll lose him right off the bat. Men can't follow what your sister's best friend's husband did with his wife. Save that for processing over drinks on your girls' night out.



#4....Ever watch one of my favorite movies, "Gone With The Wind"?



Before Rhett Butler came along, Scarlett O'Hara could have written the book on how to let a man be a man. It didn't matter what a man did for her ... she appreciated him and refrained from criticizing or telling him how to do his job. Both of these are huge keys into a man's psyche.



#5....My clients who found great guys online had AWESOME profiles!



They had the type of profile that drew quality men in by using a story men could imagine themselves in. True, they worked with me on creating their profiles, which helped because I showed them what to do to weed out the guys they didn't want to meet.



#6...Women who meet good matches online are willing to look beyond the selfies, the motorcycles and the guys who post pictures with other women.



Online dating is one-dimensional, meaning you can't see how a man's personality and looks blend together to form a real person. You want to take the time to read profiles. Also look at the environment surrounding him in his picture ... it can also give you an idea of who he is.



#7...Women who have the most fun dating go on a date looking to meet someone new and interesting.



They don't do an interview and they don't check off an imaginary "must have" checklist that knocks guys off faster than you can drink a cup of coffee. There are good guys out there who could be your friend too. And who knows? Sometimes a friend can become the one. You'll never know unless you give that nice guy a chance.



#8...Women who date men who aren't their usual type find there are far more good men out there to date than they ever imagined.



It's easy to get in a rut, dating the same guy over and over again, just with different clothes. You're attracted to him not because he's good for you but because he feels safe and comfy like that old pair of shoes you can't seem to throw away.



#9...To be successful at dating over 50, you have to keep at it.



A BIG mistake women make is giving up on dating after five dates with five not so great guys. Keep getting out there meeting those new and interesting men we talked about in #7. Try new dating sites. There are a lot of niche sites out there that cater to different interests you might have.



#10...The women who have the most fun dating and meeting Mr. Right got help when they needed it.



They recognized they couldn't do it all alone. Whether they read my blog, coached with me one-on-one or in a group, what made the difference is they took action to get the advice they needed, and then used what they learned in our time together to meet the right guy for them.





You don't have to do this journey alone. Keep reading these blogs, read my book about dating and let me know when you're ready to talk about making a commitment to finding love this year.



Lisa Copeland is known as the expert on over 50's dating. She's the best-selling author of The Winning Dating Formula For Women Over 50 and her mission is to help as many women around the world as she can discover how to have fun dating and finding their Mr. Right after 50. To get your FREE Report, "5 Little Known Secrets To Find A Quality Man," visit www.findaqualityman.com.



Earlier on Huff/Post50:





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