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From Michael Roe: every so often I will post an interesting commentary on divorce issues here at Illinois Divorce Lawyer Blog. I’m not convinced that men have a necessarily worse time adjusting to divorce; I see in my female clients high levels of stress, grieving, and anxiety. I feel the case can be made that the stressors imposed on men can be different in some ways than those imposed on women, generally. Certainly, men start out a child custody case with the unwritten presumptions in place that child residential custody usually goes to the mother, though the law requires that the Court determine best interests…one reason I’m a shared parenting advocate in many cases. As an aside, I see that both the men and women that I represent in my practice do benefit, along with my work on the legal side of the case, from having a competent therapist to help process issues that arise in divorce.

From the article:

It turns out that in the age-old comparison of the sexes, men seem to be having a more difficult time coping with the dissolution of a marriage. According to a recent study from the Journal of Men’s Health, divorced men are more susceptible to heart disease, high blood pressure, and strokes than married men are – in addition to being 39 percent more likely to commit suicide and engage in risky behavior. Why does this finding exist?

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Actor Jason Patric discusses his custody case with the mother of his child, conceived through in vitro fertilization. Patric had an ongoing relationship with the child’s mother, and acted as a Dad to the child after it was born. Due to California’s current laws relating to custody and IVF, Patric apparently has all of the standing for custody as the anonymous IVF donor, who supplied his genetic material to a sperm bank for money. Patric has further complications as he alleges the mother is actively alienating him from the child.

Some states impose a duty of child support on a father that provides his sperm for an IVF procedure. Efforts are being made to modify the California statute, to allow Dads who intended to be Dads of an IVF child to have legal standing for custody and visitation rights.

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Recent published articles in the New York Times from Dylan Farrow, and subsequently in rebuttal Woody Allen, have brought into the light allegations that have arisen from what appears to have been a highly dysfunctional family environment. My reading of the articles, some of the trial evidence, as well as third party accounts, does not lead me or others to any conclusions as to whether the then 7 year old Dylan Farrow was sexually abused by Woody Allen, as she alleges.

http://www.nydailynews.com/entertainment/gossip/mia-farrow-threatening-1992-valentine-day-woody-allen-article-1.1605686

What is clear is that the relationship between Mia Farrow and Woody Allen was toxic. There is a suggestion that whether Allen committed any acts of abuse, or not, his former partner was highly vindictive toward him, resulting in what appears to be a very toxic parental alienation campaign. The articles state:

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On January 14, a new law went into effect in Illinois that allows judges to order a “right of first refusal” for parents who share joint custody of their children. The right of first refusal (ROFR) means that any time one parent cannot care for the children during his or her scheduled period of possession or custody, that parent must first offer the other parent the right to take the children during that time. “[I]f a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care for the minor child or children.”

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The right to have the possession of one’s child or children when the other parent is unable to provide direct care can be important to the noncustodial parent. In many cases, one parent has only alternating weekends and midweek dinners with the children, and the chance to have more parenting time when the custodial parent is away on a trip or at a seminar is invaluable.

Prior to this year’s new law, judges had discretion in allowing these rights of first refusal. In my experience, there have been judges that would outright refuse to allow them in parenting agreements, believing that these clauses in agreements only invited more disputes about whether one parent’s seminar was long enough, or whether the babysitter hired for a two hour movie was a violation of the ROFR. Some judges just didn’t want to open the door to a feature of a Parenting Agreement that would invite more litigation.

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The cost of a divorce can be a deterrent to the process for many couples who are already struggling with the expense of maintaining two separate households. The amount of property one owns, child custody and support issues, and the extent to which a couple agrees or disagrees will determine attorney and other professional service fees (like custody evaluators) incurred during a divorce. Whether there is a large or small amount of property, issues with the children or not, or little to no agreement, there are things that you can do to reduce the cost of a divorce.

First off, take care when choosing your divorce attorney. The right attorney for your case is not always the most expensive attorney. Experience, unique technical skills, and positive relationships with the courts make for good lawyers. There are several things you should consider when choosing a lawyer and managing your case:

Attorneys’ fees are based on their experience, expertise, and special skills, but some very experienced lawyers charge reasonable fees, while others charge exorbitant fees. The hourly rates of lawyers should be competitive with their locale and market, but not excessive. A high hourly rate is not an indicator of special experience or skill.

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Family therapist Diane Shearer says we should look beyond the questions about divorce and get at what kids are really asking for. “When kids ask tough questions, they aren’t looking for complicated answers. They are looking for affirmation, not information.” This means they want to be assured that you love them no matter what. They want to know that you recognize their turbulent feelings. Here are some tips on three of the most common questions.

1. Why? From “why did you stop loving each other” to “why are you doing this,” kids want to know the big-picture reason behind your split. Shearer says the fear behind this question is that if mom and dad can stop loving each other, they might stop loving their kids, too. So you’ll need to assure your child that love between parents is very different from a parent’s love for their child. Your love for them is permanent and will never change. In most cases, it’s not appropriate to get into the details of why you’re divorcing. Instead, reassure your child that you are still a family, just a different kind of family.

2. Is this my fault? Young children, especially, are self-centered, so they can’t help wondering if they are somehow at fault for your split. Again, the most important thing here is to assure your child that your love for them is unconditional. They need to know their parents’ complicated relationship has nothing to do with them — they are NOT the cause of the divorce. They will always be loved. That will never change.

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1. “I am thankful for becoming the person that I am. I’ve learned so much along the way. Even the pain served a purpose.” -Amber L.

2. “I’m thankful for my self-respect.” -Tom H.

3. “I’m thankful the two of us were able to rebuild our lives. We got out earlier instead of waking up 50 years later and asking, ‘what happened to us?'” -Pilar G.

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What Therapists Don’t Tell You About Divorcing A High-Conflict Personality

Therapists are trained to help clients become self-aware and authentic. For people who grew up in invalidating environments, where they learned to suppress their feelings and needs in order to be accepted, therapy can be life-altering.

Competent therapists who provide a corrective emotional experience can make it possible for people who never had a voice to find one. Once self-actualized, people generally find the quality of their lives improve: they find the right career, attract the right mate and extricate themselves from toxic relationships.

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