Thursday, July 12, 2012

Becoming a single parent doesn’t come with a manual!

Jack is doing very well as a single dad.  He is proud of his children who seem to be coping fairly well with the separation, with the exception of a few crying spells at night as they miss their mother’s kisses before going to bed.   Jack is worried, however, of the long-term effects of the separation on the children.  Research studies demonstrate that, although a separation can be tough on kids, particularly in the first few months following the break-up, what is really damaging to a child’s health, development and overall well-being is parental conflict.    Children are like sponges and they know and sense when something is wrong, no matter their age.   Babies cry when they feel tension between the parents, while teenagers will slam the doors to be heard.   Being a child of separation himself, Jack knows that what children want most is to be loved by both of their parents.  Since becoming a single parent did not come with a manual, Jack has read a few books where many professionals have provided advice on how to help children cope with separation and divorce and adapt positively to their new lives. 

Here are a few useful tips that guide Jack in his everyday life as a single dad:

1. Tell your children the truth in simple terms with simple explanations. Tell them where the other parent has gone, how the summer and Christmas holidays will be organised etc.  (It’s all in the delivery of the message.  Choose your words and tone of voice).

2. Tell your children that they will continue to be taken care of and that they will still be safe and secure.  (Even after the separation, children need to be constantly reassured).

3. Children see that parents can stop loving each other.  Reassure them that a parent's love for a child is a special kind that never stops. (Saying I love you is more important than ever).  

4. Children feel responsible for causing the divorce. Reassure them that they are not to blame.   (Showing love and understanding is more important than ever).  

5. Children often hope for years for their parents to get back together and feel responsible for bringing them back together. It is important to let them know, gently but firmly, that the breakup is final.  (It may not be easy to say especially if you are still in denial yourself.  However, giving false hope of reconciliation is not healthy for anyone involved).   

6. Avoid situations where the children must choose between parents such as:

• Using the children as a way to get back at your spouse. (Children can feel that they are being used and can be terribly wounded).

• Saying bad things about the other parent in front of the children.  (It is not always easy to remain the bigger person when you are hurting however, no one can take away your dignity).

• Saying things that might discourage the child from spending time with the other parent. (What goes around comes around).

• Encouraging the children to take sides. (All they want is to be loved equally).

7. Even though it may be the last thing you feel like doing, cooperating with your spouse during your divorce is one of the best gifts you can give your children (Cooperating responsibly with the other parent toward the growth and development of your children is an expression of your mutual love for them.)

Parenting is forever and being a single parent can be very hard at times.  When you don’t know what to do anymore because nothing seems to work anyway, just remember that the best tools you possess and to which all children react positively to are LOVE, PATIENCE and UNDERSTANDING.  

It’s his fault! He should pay more! (No-Fault Divorce)

Jill suspects Jack has a new girlfriend, possibly pre-dating the separation.  Jill wants to obtain a divorce and she is wondering what gains she can make as a result of Jack’s indiscretion…

In Canada, we have since 1986 what we call a “no-fault” divorce regime.  This means two things.  Firstly, you can ask for a divorce without having to demonstrate misconduct by either spouse, so long as you can show that you have been separated for at least one year.  It is the most common method of obtaining a divorce in Canada.  Divorce is an emotionally and financially taxing process and fault-based grounds of divorce (adultery, cruelty) require proof, which may intensify an already painful and expensive process.  Additionally, the law recognizes that family relationships are complex and matrimonial misconduct is not always the cause of the breakdown of a marriage.

Secondly, “no-fault” divorce means that your rights and obligations following a separation will be the same regardless of “whose fault” the separation is.  In other words, whether you separated amicably by mutual consent or whether you separated as a result of your partner’s adultery or other type of marital “misconduct”, the financial end result (division of property and financial support) will be the same.  Proving adultery, for instance, will not get you a bigger financial settlement.

So is there any benefit to proving cruelty or adultery within a marriage?  Beyond granting a divorce, the court will seldom (if ever) consider adultery or cruelty when making decisions regarding financial issues.  However, the courts may consider these as factors surrounding matters relating to children, if they influence the spouse’s ability to parent.  For instance, if a spouse has anger management issues resulting in domestic violence, this will obviously affect his ability to parent his children. However, it will not result in a higher spousal support (alimony) award. There is also a possibility of claiming damages as a result of an assault, but this requires a clear demonstration of injury and its
consequences. 

By choosing a no-fault basis for divorce (even if you feel that there has been some marital misconduct by your ex-spouse) you will alleviate some of the major stress of the process with regards to time, financial burden and emotional turmoil.  You may also be able to move on from the relationship without drawing out the process, particularly since there is no real advantage to be gained from the fault-based process.