Archive for September, 2008

Monday, September 22nd, 2008

Does Do-It-Yourself Divorce Work?

Particularly in today’s struggling economy, people are conscious of every dollar they spend. Some people are trying to save on legal fees by taking a do-it-yourself approach to the law. The use of do-it-yourself legal documents such as a Living Will, Medical Power of Attorney or Promissory Note to handle highly standardized legal matters of limited scope can be effective. But where complex legal matters like divorce are concerned, you could wind up shooting yourself in the foot. Lack of legal knowledge and experience can result in unnecessary and expensive court delays, incorrect paperwork, missed deadlines, improperly filed documents — in effect, a mess. There’s a reason people say only a fool hires himself as an attorney.

There is a smart alternative for those who don’t want an expensive litigious divorce that drags through the courts. Collaborative divorce allows couples to settle out of court but with the benefit and assistance of an attorney trained in collaborative law. Collaborative divorce encourages mature, cooperative, non-combative behavior with the goal being a mutually agreeable settlement. For many, collaborative divorce allows both parties to dissolve their marriage while maintaining respect for each other and ongoing communication. Where children are involved, collaborative divorce allows them to benefit from the continued emotional and financial support of both parents.

To find out more about collaborative divorce, visit Michael Mastracci’s website.



Monday, September 8th, 2008

Kate Hudson’s Divorce Protects Son

Two years ago actress Kate Hudson and Black Crowes frontman Chris Robinson divorced after six years of marriage. It’s one of the few Hollywood divorces that hasn’t left a swath of painfully public accusations and hateful recriminations in its wake. Hudson and Robinson continue to have an amicable relationship, a boon for four-year-old son Ryder who is able to enjoy the love and support of both parents.

“It’s important for Ryder to hear me say how wonderful Chris is, and how much Chris misses him. I married Chris, I had a baby with Chris, Chris will be in my life for the rest of my life,” Hudson explained in an interview with Cosmopolitan magazine (October 2008).

By putting the needs of their child first, Hudson and Ryder have effectively achieved the goal of collaborative divorce. Collaborative divorce encourages mature, cooperative, non-combative behavior that allows both parties to achieve a mutually agreeable settlement. Agreements are reached with the help of lawyers but outside of the courtroom. Collaborative divorce allows both parties to maintain control of the process and come to terms quickly and without the emotional rancor that is so damaging to both children and parents.

Click here to find out more about collaborative divorce.



Saturday, September 6th, 2008

Calling All Collabrative Professionals — DWD Friends

If you would like to be added to our network of collaborative professionals, at no cost at all, please email Mike Mastracci at mike@mikethelawyer.com and include your website address and a description or blurb that you would like to see next to your contact information.  Please take a moment to find a post that interests you and add a comment.

Thank you and may all your divorcing clients and friends Divorce Wthout Dishonor.

Sincerely,

Mike



Tuesday, September 2nd, 2008

Inspirations – Mattie Stepanek

Mattie J.T.Stepanek, Poet and Peacemaker – (July 17, 1990 to June 22, 2004)

 What is the one thing that we all never have enough of, that we cannot ever get back? It runs our lives and ends our lives? It can be good and bad, happy and sad. It dictates our existence and controls every thing we do, and you can’t put a price on it? You guessed it – TIME. 

One lesson that I learned during my struggles through many of the issues that you now face, is to take as many setbacks as possible and spin something positive out of it. When handed lemons – make lemonade. People who go through tragedies or other life-changing experiences often come away with great wisdom and insight. They see life differently and they value things that are often taken for granted. Separation and divorce can be both a tragedy and a positive life changing experience. It is often a conscious choice that defines the outcome. When it comes to your parenting, your newborn life can give you a renewed opportunity to further appreciate the gift of parenthood. You can also become a far better parent than you may have otherwise been by staying in an unhealthy relationship.
 
Mattie’s Journey Through Heart Songs

A heartsong is something deep inside each of us. It’s our sense of why we are here and how we can keep going. It is like a purpose.  –- Mattie J.T.Stepanek, Poet and Peacemaker – (July 17, 1990 to June 22, 2004)

 It is especially sad when children have limited amount of time due to sickness and premature death.

In October of 2001, the same month as yet another court order was received in my personal ongoing child custody saga, I met young Mattie J.T. Stepanek at a book-signing event for the eleven-year-old poet who suffered a terminal illness known as Mitochondrial Myopathy, a fatal type of muscular dystrophy.  Mattie began dictating poetry at age 3.  Before he died at the young age of 13 on June 22, 2004, three of his siblings had already died of the same illness.  Mattie depended on oxygen bottles and a ventilator to breathe.  Mattie’s mother Jennie, was also largely confined to a wheelchair.  She was diagnosed with the genetic disease after giving birth to all of her children.  Mattie’s short-lived rise to fame began implausibly enough with a good deed. 

In June of 2001, a public relations specialist, Marissa Garis, at Children’s National Medical Center in Washington, DC, contacted Sheryl and Peter Barnes of VCP Books, a small company that operated out of a cottage next to the couple’s home in Alexandria, Virginia.  Anyway, Marissa Garis knew Sheryl Barnes and when she heard Mattie’s story she sought out Sheryl and her husband, Peter.  Garis told Sheryl that Mattie suffered from a rare and fatal disease and that he might live only a few days longer.  Marissa, like anyone who came in touch with Mattie was in awe.  On what appeared to be his deathbed, at the time, Mattie had three wishes.  The first was to have a book of poems published. His second wish was to talk with his hero, “peacemaker” Jimmy Carter.  And third, he wanted to talk about his poems on the Oprah Winfrey show. 

Surprisingly enough, Mattie had these dreams for nearly half of his short life.  It appeared that it was going to be either now or never.  In less than 6 months time, Mattie would ride down the isle in his motorized wheelchair and receive a heartfelt hug from no other than Oprah Winfrey in front of a national audience.  That show aired on October 19, 2001 and Journey Through Heartsongs made the New York Times Best Selling List on November 11, 2001.  Heartsongs hit the mark the following week. In his brief lifetime, Mattie had five Heartsong books of poetry published.

To this day I do not remember how it was or where it was that I heard about Mattie and his upcoming appearance scheduled at Hooters Restaurant, in Baltimore at Harbor Place.  It was strange.  I was moved by the story and knew at once that I would have to meet this special child and purchase his book.  I decided that I was going to take Nicholas with me.  My son was eight at the time. I thought that it would be good to introduce him to a young boy with disabilities who was accomplishing so much in spite of his “handicap.” I swear to you, I did not decide to go because the book-signing event was being held at Hooters.  (As you know Hooters is known for serving delicious chicken wings)! 

When I met Mattie and his mother Jen, I sat in amazement as Mattie signed my book and spoke so lovingly to everyone that he met.  Mattie clearly had an effect on me and my “attitude of gratitude.”  I was deeply saddened when I heard of his passing.  I remember seeing several news clips and special tributes to his life and his work, as well as hearing a long list of celebrities, dignitaries, and other influential people,
including former president Jimmy Carter, and Oprah Winfrey who came from afar to attend his funeral. 

My personal favorite poem from Mattie is: Circle of Happiness.
Circle of Happiness
I am a little kid
For you to love.
I am a little kid
For you to hug and kiss.
I am a little kid
For you to say
“You are so special,”
Yes you are too.
I am a little kid
For all of those things
And more.
And when you
Feel and say and do
All of those things.
I will be a little kid
Who will love you.
I will be a little kid
Who will hug and kiss you.
I will be a little kid
Who will say to you,
“You are so special, too.
Yes you are.”
I will be a little kid
Who will do all of those things
And more.
And that is what
Happiness
Is all about.

To learn more about the life and legacy of Mattie J. T. Stepanek, Poet and Peacemaker, stop by www.MattieOnline.com and as Mattie inspired, “Remember to play after every storm.”



Tuesday, September 2nd, 2008

Colin Healy – An Inspiration

Y2COLIN

 Back when my son was around six years old, one of his former little league coaches was Colin Healy.  In our town, the Healys are a large, well-liked, respected, kind and generous family.  Colin and his wife Kathy have two sons, one of them is younger than my son and one is a little bit older.  In 1999, without any warning, Colin contracted bacterial Meningitis and within a few days received Last Rites in anticipation of his impending death.  Miraculously, Colin survived, but he was completely blind. 

 Life had proven once again, that what happened to Colin could happen to anyone at any time.  His tragedy reminds us how fragile life is, how much we take for granted, and how vulnerable a creature we are.  This vulnerability ties us together because it is something that all of us share.  It is in this sharing that we realize the responsibility to help our friends and relatives when tragedy strikes.  Kathy Healy was the first to coin the phrase, Y2Colin, partly to satirize the then Y2K crisis that many anticipated at the turn of the century, and partly as play on words to describe Colin’s crisis at hand.   

 On January 29, 2000 at the Catonsville Community College, there was an incredible outpouring of community support for Colin and his family.  The theme of the event was Y2Colin because of the question it asks: “Why To Colin?”

 Since that time, a lot has happened.  Colin still attends practically all of his boys’ sports events with faith, pride, and enthusiasm.  Often one can observe his wife, one of his sons, or another family member or friend providing Colin second by second, minute by minute, blow by blow descriptions of his son’s participation in sporting events.  Often, while one son plays, the other experiences the event to and with their father.  For those who do not know Colin’s story, one would never know that he cannot see when he attends either of his son’s games.  Colin cheers encouragement and praise not only to his sons, but to all of his sons’ teammates. It is something that you would have to see to fully appreciate. The truth of the matter is that Colin still appreciates without seeing.

 While the answer to “Why to Colin?” we may never know, Colin Healy has touched the lives of hundreds of people.  His experience has touched thousands more.  When it comes to watching our children play sports or do anything for that matter, look closely because they are the things from which memories are made.

 “No man is a failure who has friends.”
      – Clarence Oddbody, Angel Second Class



Tuesday, September 2nd, 2008

John E. Larkin III – An Inspiration

No matter how bad things may seem, someone always has it worse. During child custody and visitation disputes it is especially helpful to put things into perspective. Too often in the busy and self-absorbed lifestyles of our times, we fail to slow down, to reflect and to appreciate. Occasionally, it is healthy to stop, look and listen.  

Unfortunately, it often takes something like an earthquake, tornado or tsunami to connect us with our compassionate inner self.  Ironically, and somewhat paradoxically, the causalities of war and the killing of innocent people often have the same effect.  However, when someone that you know personally suffers a tragedy or a loss it may likely be an opportune time for you to reconnect with your inner-self and your spiritual compass. 
 
When going through separation and divorce it is easy to feel sorry for yourself and to cloud the future by living in the past, blaming yourself, and otherwise feeling a sense of loss and ingratitude.  During these times of despair, however, it is more important than ever to be a genuine and giving person and to keep your eyes and ears open for signs to learn about and appreciate the gifts that have been bestowed upon you. 
 
The world has become too busy of a place in many respects.  All too often, it is a major accomplishment for a family to sit together at the dinner table for a meal, or to simply enjoy conversation in the fellowship of family.  During the separation and divorce process, it is extremely important to take a “time out” and “smell the roses.”  You need to take time to develop and appreciate the intangibles of life.  It helps – immensely.
 
I share the following personal reflections with you to give you pause to think, to reflect, and to regroup. It was mid May in 1996, when John E. Larkin, III, of Catonsville, Maryland, succumbed to a long and gallant fight with cancer. John was only thirty-two years young when he died. John and I went to St. Mark School together and later to Mount Saint Joseph High School. John was one of the most likable people you could imagine. He had a heart of gold. At the time of his death, John was married and had three young children; the youngest was still a toddler.
 
After he was diagnosed with cancer, and shortly after the doctors removed his right eye, John came to see me to draft his last will and testament. I was unaware of John’s illness when he first appeared in the waiting room. When John told me of his situation, although visibly nervous, he was in good spirits and as pleasant as I had remembered him at our high school graduation. When John left that day, I felt ashamed of myself. Before John came in for my legal guidance, I thought that I was having a “bad day.” Perspectives.
 
About two years later, I was in church with my young son, when things were, I thought, “pretty bad.” in my life. “Poor me, this custody battle really sucks,” I was thinking. “God give me strength,” I murmured. Just then, I looked ahead and saw John. I had heard that after a virtual miracle of remission, John was now in really bad shape and that he had come to the realization that he was likely going to die very soon. Throughout the mass, this wonderful and now frail-looking man was holding his youngest son over his shoulder. While bobbing his little head among the worshipers between us, the little guy seemed to look directly at me with deliberate intensity.  My eyes filled as I gave thanks. I said a prayer for John and his baby boy and I stopped complaining about my situation. That day, I could only imagine what it must have been like for John; knowing that he would never live long enough for his son to truly grow to know him, and vice-versa. My “problems” now seemed minuscule.

A few months later, at the packed funeral service, John’s young widow explained how two and a half years prior, her life took a turn she never expected. She found strength in her love for John and for the Lord and believed that she would never have made it without the constant support from family and friends.

Katie Larkin wrote a beautiful tribute for her husband’s funeral service: “A celebration of his life and love – “Close Enough to Perfect.”  She professed that John carried his cross with courage and dignity and his faith and love for God never wavered. Not once during his family’s very trying time did anyone ever hear him complain or ask, “Why me?” Right up to the end John maintained his good nature and sense of humor; always trying to put the people around him at ease. Now, as I write about John’s death more than a decade later, even people who hardly knew John, still speak of his strength and courage.

There is no doubt that you, too, know of people who have made a lasting impression because of hardships they have endured with dignity and grace, being an inspiration to others. By the time we leave our years of minority and become young adults, homeowners, husbands, wives and parents, we will have undoubtedly witnessed someone we know who has lost a family member, a friend, or school mates and acquaintances from “back in the day.” We may have already personally experienced one or more of such events first hand. Perhaps someone we know will become severely injured, blinded, crippled or worse. Every now and then, someone or some event will cause us to stop and think. John was one of those people.

Tips:
• Be on the look out for any opportunities that can give you pause to think, to reflect and to regroup.
• Count your blessings and give thanks.
• Things are not as bad as they may seem when you keep life in perspective.
• A Bible in the hand is worth two on the shelf.

It is a time to dig deep. You will find what you are made of if the motivation is strong enough. The love between parent and child can indeed be one of the most powerful human motivators. Most people would do anything for their children. You are stronger than you think. No matter how bad it seems, you need to focus on what you have – the gifts that have been bestowed upon you and how lucky that you are to even have a child. Stop and think about the people who long to have children but, due to medical or other reasons, cannot. Imagine the feelings of the parents who have had the traumatic experience of burying a child.  Regardless of one’s religious affiliation(s), belief or non-belief in God, or any Supreme being, regardless of one’s thoughts on the theory of evolution and of the spiritual world, the birth of a child is nothing short of a miracle.  A new born child is the ultimate gift to be nurtured, cared for, and cherished.

If you focus on what is most important today, in the years ahead, you will be able to look back and remember the special moments that you had with your children during all the chaos. What is most important is the quality of the relationship with your children and spending as much time with them as possible. Make the most of all the time you share with your children.  When times are tough, count your blessings and give thanks. It is a stop that you may need to take on the path to Big Rock. I did.
 
When you arise in the morning, give thanks for the morning light, for your life  and strength; give thanks for your life and the joy of living. If you see no reason  for giving thanks, the fault lies within yourself.



Monday, September 1st, 2008

Quote of the Month: Effort

Everything requires effort; the only thing you can achieve without it is failure.