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Surviving the Holidays After Divorce

While we do love the holidays there is stress and strain for anyone.  Add to that the fact that this could your first holiday season after a divorce or separation and it can be dreaded.  But, it doesn’t have to be.  Sure, things will be different, but you don’t have to hide.  The following is from John Martoccio at the Huffington Post.  Great article and advice for those that are going through the holiday season post-divorce.   The first holiday season after a divorce or separation can place tremendous emotional strain on the best of us. Now that you and your ex have parted ways, the holiday parties and family gatherings you have been celebrating for years as a couple suddenly seem daunting and complicated. Who gets to go to which parties? How do you “share custody” of friendships? What do you say when someone asks why your better half is no longer at your side? It’s enough to make an already emotionally fraught season barely tolerable. But fear not. Celebrating the holidays alone can be a great joy, but it requires good planning, a positive attitude and most importantly, realistic expectations. Here is our short list of tips to help you have a joyful holiday season solo: 1. Don’t Stay Home Alone! What’s the worst thing you can do to yourself during the holidays? Spending time alone with your thoughts. Even worse? Avoiding your family and friends. Your first holidays after a break up can be an emotional roller coaster, so don’t try to ride it solo. Make plans with close friends and loved ones to avoid spending...

Mandatory Breath Testing Is a Test of Civil Liberties

Mandatory Breath Testing Is a Test of Civil Liberties Some would say that we already have mandatory breath testing in Texas, since your license can be suspended if you refuse to take a breath test once arrested for DWI.  In reality, we don’t, but it’s not for lack of trying.  There have been attempts to criminalize the refusal of a specimen test.  Doing so creates a slippery slope.  In Canada, the same situation is occurring and the following article presents some strong points.   Mandatory breath testing is an extraordinary police power Drunk driving is a real issue that we should all be concerned about. But we should be equally concerned about handing over drastic new powers to police.   By ROB DE LUCA Wed., Oct. 4, 2017   One of the cornerstones of the government’s efforts to legalize marijuana is a bill intended to provide Canada with some of the strictest impaired-driving laws in the world. Remarkably, the most significant provision in Bill C-46, the government’s new impaired driving legislation, has nothing to do with marijuana legalization at all. Bill C-46 would remove the current requirement — a critical limit to police powers — that police have a reasonable suspicion a driver has been drinking alcohol before demanding a breath sample. Under the new provision, any lawful police stop of a vehicle, no matter how trivial, would be sufficient cause to demand that a driver blow into a breathalyzer. License, registration, and blow. Even more remarkable, however, is the government’s decision to introduce such an intrusive police power at a time when police services are struggling to address...

Is Sleep Driving Equal to DWI?

IS SLEEP DRIVING EQUAL TO DWI?   I have handled a number of people in the past who were on Ambien or the like and didn’t have control of their faculties but were “sleep driving” and got arrested for DWI because it was medication that made them do it or whatever the argument was.  I haven’t seen one of these cases in years. I hope that people have taken the advice and put the keys away when taking this medication.  I had also heard of people sleep eating and gaining weight while on the drug and they had no idea what was happening. In Texas, whether you know or not is not at issue.  State of mind is not an element of DWI, so you don’t have to knowingly or intentionally drive while intoxicated (DWI).  But what if you weren’t on medication?  People have sleepwalked without medication, so it’s not out of the realm that someone could sleep drive, is it? Such a case happened recently and, thankfully, the driver was not found criminally responsible.  Sometimes things happen.  Sometimes bad things happen, and I will say that I wouldn’t want to be around a “sleep driver.”  But not everything is a crime, and even things that could, on a reach, be construed as a crime don’t always need to be prosecuted.  Just because you can prosecute, doesn’t mean you should.  Justice can also be served without a prosecution.  The story of the sleep driver is below and the article can also be found here. Sleep-driving woman ‘not criminally responsible’ for drunk-driving charge A Hamilton court has found a woman...

Is the Political Climate Fueling Divorces?

Is The Political Climate Fueling Divorces? Sharing this article from FITS.  I know of a great number of people that have changed their relationship with others on social media due to the events leading up to and resulting from the last election, but I really haven’t heard of it fueling divorces.  I tend to think in this day and age it is harder to be married from someone with a differing political viewpoint, but this isn’t a normal time and people do change/evolve.  That is much of the reason why divorce occurs.   Is America’s Toxic Political Discourse Fueling Divorces? We’ve written previously on the “all in” problem in American politics – in which partisans of diverse ideological inclination have become rigidly inflexible in their worldview (and righteously impertinent in their tone). The latter we don’t really care about all that much … people’s tone is more a product of their personality than anything else.  And the last thing we want to do is tell people to lower their voices.  We come from the “stop whispering, start shouting” school of political engagement – because in most cases that’s the only way to be heard. Our concern is rather over people who have become incapable of being convinced – even when the truth of an issue is staring them in the face. Willful blindness, so to speak … But is the increasingly contentious political debate in this country seeping into other areas of our interpersonal interactions? Yes, according to a recent survey of members of the American Academy of Matrimonial Lawyers (AAML).   Forty-one percent of AAML members reported that the current political...

A Problem with No Fault Divorce

Here is a divorce (or no divorce) story from the UK which has relevance here as there is a bill before the Texas legislature to remove “no fault” divorce in Texas, which I’ll blog about later.  But here is what could be the case if the sponsor of the bill gets his way: Woman ‘trapped in loveless marriage’ after judges refuse divorce Unusual ruling by court of appeal in case of 40-year marriage prompts call for parliament to introduce ‘no fault’ divorce- A woman says she has been left trapped in a “loveless and desperately unhappy” marriage after senior judges refused to allow her to divorce her husband of 40 years on the grounds of unreasonable behaviour. The highly unusual ruling by the court of appeal triggered calls from divorce lawyers for parliament to introduce “no fault” divorce and warnings that the decision would force separating couples to make more aggressive allegations to justify marital breakdown. Tini Owens, 66, who lives in Worcestershire, had applied to overturn a ruling by the family court that her marriage to her 78-year-old husband, Hugh, who is a retired mushroom farmer, had not broken down irretrievably despite her having an affair. Her husband opposed her application, denying the allegations made against him. He told the hearing – held on Valentine’s Day – that he did not want to get divorced because they still had a “few years” left to enjoy. One of the three appeal court judges, Lady Justice Hallett, said she had reached her conclusion “with no enthusiasm whatsoever”, adding: “It is for parliament to decide whether to amend [the law] and to introduce ‘no...