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ID-10018139In my Collaborative Divorce practice, I frequently talk to clients about identifying their “interests” in the divorce.  This is a difficult concept to understand, but is the key to reaching a resolution in a divorce that meets the needs of all family members. “Interests” are in contrast to “positions” in the divorce.  An interest is the motivation or value behind a particular position.  An interest is frequently inspirational and may be far broader than a position.  A position is a particular outcome.  The difference between an interest and a position is frequently illustrated by the following story. Two children were arguing over who would have the last orange in the kitchen.  They each took the “position” that the orange should be theirs.  Their argument included angry cries of “You had the last orange!” or “I was here first.”  Unable to resolve the dispute without resorting to blows, they brought the issue to their mother.  The obvious solution is for Mom to slice the orange in half and give each child one-half of the orange.  Seems like a good outcome, doesn’t it?  But at this suggestion the children were even unhappier.  So, instead, she asked each child what he or she wanted to do with the orange.  The first child replied, “I want to bake a cake.  I need the zest of the orange to add to the batter.”  The second child said, “I want to make orange juice.”  He needed the juice and the pulp of the orange.  Obviously, by understanding the underlying interests of each child, it was determined that both children could get what they wanted—the rind for a cake and the juice for orange juice. In collaborative divorce, this is called a win-win outcome.  Win-win outcomes are possible when interests are identified and the interests of all parties are met.
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The pending birth of Kim Kardashian’s first child is creating substantial media buzz.  The marriage of Kim to Kris Humphries was a well publicized television event, which ended in separation days later and is now being ended by a California court.   In the meantime, Kim has reputedly become pregnant by music star Kanye West., and will most likely give birth before her marriage to Kris is ended. Kim might be surprised to learn that most states in the US (including California) have adopted the Uniform Parentage Act, and could presume her baby is a child of her marriage to Kris Humphries. Under that law, children conceived during marriage and born within 300 days of a divorce can legally be presumed to be children of the husband.  Kanye could agree to submit to blood tests to prove his paternity of the child, but even then the baby could simply have two presumed fathers – not one — and the court would need to conclude which presumption prevails. Kim and Kris could have avoided this public and legal mess by agreeing to resolve their differences privately through Collaborative Divorce.   Collaborative Divorce is a completely private way to resolve family law disputes, through the use of inter-disciplinary professionals such as financial analysts, mental health professionals, and attorneys.   It is designed to contain the cost and length of legal proceedings, and to help couples create their own solutions – the smartest possible solutions – with the help of their Collaborative Team.  Good luck to Kim, Kris and Kanye!  Their dispute may languish in the court system for many months to come.
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T. Boone Pickens Photo Creative Commons Licensed, Author: David Shankbone Texas millionaire T. Boone Pickens found a way to save “several millions” on his divorce.    His discovery could save you something just as valuable. When T. Boone Pickens recently filed for his fourth divorce, he decided to try something different.  Rather than proceed with a traditional divorce, as he had on the previous three occasions, he decided on a Collaborative Divorce,  a process he claims saved him “ several millions”. In an interview with the Dallas Business Journal, Mr. Pickens said that said that “Collaborative law keeps everything on a high level, and everybody cooperating.” In fact, Mr. Pickens was so grateful for the Collaborative process that he has recently donated $100,000 to the Collaborative Law Institute of Texas. If you are facing divorce, this may not mean much to you since you probably are not in a position to save (or lose)  millions.  However, you may find that you can save something even more valuable.  Mr. Pickens was impressed that the Collaborative Process not only helps clients save money but saves on the “emotional wear and tear on families.”   For most families who face divorce,  this is the more crucial issue.  Collaborative Divorce is a method where attorneys and other professionals work with divorcing family for settlement purposes only and resolve issues out of court. I have represented hundreds of families  through the Collaborative Divorce process and while none of these families saved millions of dollars, many of them are just as elated because of what it saved on the emotional wear and tear on their families .  Most parents would agree that while a divorce process that saves us money can be worth millions, a process that spares the emotional wear and tear on our families can be priceless. To learn more about the Collaborative Process, go to www.Collaborativelaw.org.  
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Water liliesMost of us are familiar with the concept of holistic medicine. The importance and interdependence of body, mind and spirit in our overall health is becoming accepted in the world of healing. Less well known, however, is the Collaborative divorce process, which utilizes a holistic approach to help struggling families heal. Collaborative practice uses a team of experts who work with the parents and their children to achieve deeper resolution. Contrary to popular belief, divorce is not just a legal event. As countless couples in the throes of separation can attest, accusations about the past and fears about the future can make constructive conversation impossible. Frustration sets in and one or both parties “lawyer up.” So begins the all-too-often lengthy, unpleasant and expensive process of litigation, during which parents are often discouraged from communicating with one another. Fortunately, another option exists. In Collaborative divorce, both parties have Collaboratively-trained attorneys providing guidance throughout the process. In addition, they jointly use a team of neutral professionals to address their communication, financial, parenting and emotional issues. A series of meetings takes place in which these interdependent issues are discussed and resolved without court involvement. In this way, divorcing parties maintain more control over both the process and the outcome. Integrative medicine uses a team of specialists who communicate with one another to achieve optimum health for the patient. The Collaborative divorce process parallels this model by bringing together a team of divorce experts. This more humane method of dispute resolution can facilitate healing and result in a healthier post-divorce family.
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As a divorce attorney, I often ask myself   “What is this dispute really about?”  This is also a good question for each person going through a divorce. In an early case I had before I started practicing collaborative divorce,  an ex-wife sued my client after the divorce was final.  Her motion  said that he had wrongfully taken the Tupperware and her maternity clothing and she wanted those items.  We actually had a court hearing on this and her ex-husband had to get on the witness stand and testify.  He testified that  he did not have the Tupperware and he did not have and had no use for her maternity clothes. That brought out a chuckle from those in the courtroom and the judge stifled a grin.  The motion was denied and I felt like we “won.” Looking back, I now realize that the divorce did not resolve some underlying issues which caused the dispute to keep on going.   In a traditional divorce, the legal issues control the outcome in court and the emotional issues determine how long and how costly the dispute is. In a collaborative divorce, both the emotional and legal issues are acknowledged and addressed.  The process we use focuses on the interests the parties have – and in my experience most of those interests are shared by both.  If there are differences, those are discussed.  The basic facts needed  are incomes, values of assets, debt balances –which can easily be verified by documents.   Those assets that are harder to value such as homes, businesses – can be valued by a neutral expert agreed to by both The emotions of anger and perceived wrongs of the past can impede progress in reaching a final agreement.  In a collaborative divorce, a neutral coach who is a mental health professional working with the couple, helps them work through those impediments to  a settlement. If you are going through a divorce, you want to avoid arguing about the Tupperware and get some help to focus on what your real interests are and how you can reach an agreement.
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If you are going through or thinking about starting a Collaborative Divorce, you might wonder why you need a Child Specialist.  After all, if you and your spouse agree on custody and parenting time (previously called “visitation”), why spend money on a Child Specialist?  As a Collaborative Attorney and Mediator, I enjoy helping parents with the parenting piece; however, I am not an expert in child development, and I don’t meet with the children.  Furthermore, I don’t want parents to come up with just any old plan – my wish for them is to succeed in their post-divorce co-parenting relationship and raise happy, healthy kids. A Child Specialist helps you and your spouse create not only the day-to-day and holiday/vacation schedule, but helps you identify your goals and values as parents, so you can create a custom-made plan specifically addressing the unique needs of your children.  As parents in a fast-paced world, we need to determine the appropriate age for our kids to have a cell phone.  We need to think about how much screen time per day is healthy.  Is texting at the dinner table OK (not!)?  These are issues parents need to deal with at some point, but parents residing separately really need to be on the same page.  Child Specialists can assist with these decisions.  Clients often tell me how glad they are they hired a Child Specialist, because they are more in-tune with their children, and are therefore, better parents. Child Specialists are valuable members of the Collaborative Team and are wonderful resources for parents.  Believe me, I know this personally because I consult with them when I have questions about my own kiddo!  Although you know your children the best (their funny little quirks, favorite color, best friend’s name, and so forth) Child Specialists know what makes children tick from a developmental perspective; thus, they are treasure troves of information.  Why not tap into that?  Think of it this way: would you rather spend the money on an expert who can guide you now to the land of great co-parenting or spend two, maybe three times or more on therapy for your kids later, because you and your spouse did the bare minimum to just get through the divorce (understandable – it’s a painful ordeal).  Consistency in parenting, as well as respecting and understanding your different parenting styles and personalities, can be the difference between a “so-so” parenting plan and a “so-good” parenting plan.  It’s easy to spend time and money on gadgets, toys, clothes, and activities for kids, so consider taking the time and money to invest in utilizing a Child Specialist to craft a parenting plan that will help you and your spouse co-parent effectively post-divorce.  I bet you’ll be glad you did!
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In my collaborative legal practice, I consistently witness the power of communication in conflict resolution. A recent story illustrates this power. My father recently settled into his lawn chair in the backyard of his beautiful Southern California home when he heard a strange noise. As the noise was conspicuously and continuously coming from his neighbor’s yard, he peeked over the fence. He was surprised to find a dozen or so chickens running freely around the yard – clucking and pecking up a storm. They were destroying the yard and making a noise that over the next few days became a great nuisance. He first researched the “urban chicken” phenomenon and then reached out to animal control to learn the neighbor needed to have a permit. He informed me that he was going to report his neighbor to the county, which would likely result in a fine and perhaps an end to the noise. I suggested my father talk to his neighbor first. Begrudgingly, he did so and learned that the woman who lived next door had an adult son who recently suffered a traumatic brain injury. Due to his injury, he has fixated on certain activities for short periods of time. She has tried to allow her son these activities and is working with a physician to do so in a therapeutic way. The chickens are one of these activities. She expected the chickens to be gone within a month and offered my father fresh eggs as consolation for his troubles. He was not only sympathetic to her challenges, the noise seemed to subside after that conversation, and my father thoroughly enjoyed the eggs. The simple act of communicating resolved this conflict. A collaborative divorce provides a safe and effective way to communicate in order to find resolutions. While emotions often get in the way of open and honest communication, the collaborative process supports keeping the communication lines open. It allows clients to “reach across the table” (just as my father “reached across the fence”) and learn more in an effort find resolution. If there are children in a case, the parents need to have open lines of communication as co-parents. The collaborative process is the best process out there to use communication effectively, practice those skills and, with the help of collaborative professionals, even improve communication skills for the future.
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Rainbow roadIn my family law practice, I have seen well over 1,000 people divorce. Without a doubt, divorce is a difficult and painful process. However, I have been deeply enriched as a family law attorney by working with many spouses who have used this difficult process to set themselves on a new life path. Frequently a spouse will first enter my office full of emotion and fear. How will the children fare? Will there be sufficient money to pay the necessary expenses? For stay – at -home spouses who must now begin working, can they succeed in the work place? Can they even find meaningful work that will pay a decent wage? Often I work most closely with such spouses in the collaborative law process. We start from the ground and work our way up. What do they know about their finances? What is the family budget? What is their earning ability? How does earning a living intersect with raising children? Can one do both and if so how? Often with the assistance of a financial professional, we build budgets, spread sheets and cash flow analysis. Those who have little interest in finances or previous experience with finances begin to get their sea legs under them as to what their financial situation is, will be after the divorce and what they can do for themselves to maximize their well-being following the divorce. Spouses also learn that they do not need to continue with the same troublesome patterns of relating to their spouse, particularly regarding children. Instead, time is spent focusing on constructive, but firm communications. The intent is for a spouse again to develop confidence that she or he can hold his or her own following the divorce, in a health and constructive way. I have seen countless times, a spouse who first came to my office small and scared, leave the marriage with strength and confidence, and even excitement about starting the next leg of their amazing life journey.
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I remember about 9 years ago when I needed to make a big life changing decision.  I knew I needed to decide whether or not to leave my safe, predictable law position or go and start my own firm, practicing in a way that felt aligned with my values.  But there were so many uncertainties about making the change.  So I maintained the status quo longer than planned because I needed to get to the place of being ready to take that next step.  And sometimes circumstances push us to a place of being ready before we were planning on it. This is what happens when people divorce.  Usually, one spouse has been contemplating the idea longer than the other and when they make the decision to move forward with divorce, their spouse is not at the same place of readiness.  And when people decide to get a divorce, wanting it over sooner rather than later is what many people want.  But paying attention to where your partner is in readiness, can make all the difference between a good divorce and a bad divorce.  This is something you have influence over.  Giving your spouse a chance to “catch up” and come to terms with the end of the relationship means they will be able to move forward with less resentment, anger and sadness.  And those emotions in a divorce do not make for smooth sailing for you or your children.  If you want a peaceful divorce, readiness is your first opportunity to begin that process. There are things that you can do to move things forward that you can discuss with your attorney, while your soon-to-be ex catches up, like researching your divorce process options (i.e., Collaborative Divorce, Mediation, etc.), gathering necessary documents, working with a therapist, or exploring separating.  But to push them into a process before they are ready, can end up being a disastrous decision.  Giving them time, can be the best thing you do for yourself and your family as a whole.  This is the difference between being penny-wise and pound-foolish and having a no-court divorce. If I had been forced to start my practice before I was ready, I might have chosen to do a different area of law; not found my great office space; and possibly made unwise financial decisions, rather than practicing Collaborative Family Law (something that I truly enjoy doing) in an office that feels safe and comfortable to my clients.  Being ready made all the difference for me.
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Image courtesy of photostock / FreeDigitalPhotos.net When it comes to co-parenting after divorce, the best parenting plan is the one you never have to use. Creating the parenting plan is perhaps the most important part of your collaborative divorce process. But if you put the time and energy into creating a complete plan, you will lay the foundation for good communication and have the flexibility to work with your former spouse as your children’s needs change in the future. The habits of good co-parenting will be ingrained and will be second nature. Minnesota law permits parents to avoid the labels of legal and physical custody if they have a parenting plan that spells out the important aspects of parenting. In collaborative divorce, parents frequently choose to use a child specialist who can help them develop a thoughtful parenting plan that is tailored to their family. Parenting plans typically include:
  • the schedule of how the children will divide their time between the parents;
  • how the parents will communicate about their children;
  • how the parents will make important decisions related to their children, such as schools, activities, and religion;
  • how the parents will handle child care and medical care;
  • how the parents will handle contact with the extended family;
  • how the parents will introduce the children to new partners.
When you invest in having the discussions necessary to reach agreement on these topics, you create a comprehensive written plan.  But what’s even more valuable, you have experienced communicating as co-parents —  working through disagreements, reaching an understanding about how to approach the ever-changing future landscape of parenting.  The more you practice these skills, the better you become. As your children grow up, you will have the solid foundation of communication and the flexibility to adapt to your children’s changing needs.  You won’t need to pull out the document to look up how you are going to handle co-parenting.