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children-cute-drawing-159823April is Autism Awareness Month, the two month anniversary of the Marjory Stoneman Douglas High School shooting, and the 19th anniversary of Columbine.  Why talk about ASD and school shootings in the same sentence?  And why a divorce blog?  I will get to that.  But as a lawyer-mom, these two issues are at the forefront of my mind, and probably the minds of many parents and educators these days.  We should rest assured that our kids would know what to do during a lock-down because they have spontaneous drills throughout the year, right?  Ugh…what am I saying?  The fact that kids NEED lockdown drills is downright outrageous!  Nonetheless, I wondered what the younger kids are told and what happens during these drills.  Well, lucky me, when I recently volunteered in my son’s elementary school classroom, the school had a lock down drill.  And one word sums up the experience: chilling. Lockdown drills are very different from the fire and tornado drills we had as kids.  I’m sure everyone remembers the fire drills – exit the classroom quickly and get away from the building.  Or the tornado drills – go out to the hallways, away from the doors and windows, and cover your head with your hands.  Up until about 1999, THOSE were the drills Minnesotan kids experienced.  In fact, most the time, much to our teacher’s chagrin, we were laughing and joking around.  A lock down drill, however, has a very different vibe.  The kids must be EXTREMELY quiet.  They huddle into a specific area and are instructed to remain eerily still.  This had been a bustling class (and school) just moments before, but now it was so quiet, you could hear a pin drop.  This was a class of 30 second graders, so I was stunned at the deafening silence.  Just when I thought it was over (it seemed like forever, but was probably two minutes) someone rattled the door handle.  Forcefully.  Not a peep from the kids, but I jumped.  Luckily, they didn’t see me or they might have erupted into giggles.  We had to continue to remain quiet and motionless.  Interestingly, I don’t remember what happened next; that is, I don’t recall if there was a bell or another signal indicating the drill was over (I think I was sort of in shock).  The kids went about their business, working on their projects, like it was no big deal.  Only it was a big deal.  At least it was to me and the other adults in the room.  I just looked at the staff, wide-eyed, and shook my head. School lock downs are now a reality for school-aged children.  It makes my heart ache.  I asked my son that evening why they have lockdowns and he nonchalantly said it was in case anyone wants to break into the school.  That was it.  Simple enough.  But as we grown-ups know, there is nothing simple about this. My son is a “mover and a crasher,” so I was relieved he made it through the drill.  But I thought about the other high-needs/special-needs kids in his school.  For any child who has physical needs or doesn’t cognitively understand the drill, simply can’t be quiet and remain calm, needs to move, or overreacts when accidentally bumped or touched by a classmate, what would that child do in this drill?  Or, God forbid, in a REAL situation? With more and more kids being diagnosed with ASD, what protocols are in place for them?  Is there a special section in their IEP about drills?  There ought to be. This made me think about special-needs kids whose parents are going through a divorce.  The teachers are aware of kids’ needs (or should be).  So, too, should the divorce team.  A child’s symptoms often reemerge or worsen when they are stressed, which could happen during parental conflict and/or separation.  Child specialists can work with the parents and the child’s pediatrician and/or therapist to help create a parenting plan that is in the child’s best interests.  Like it or not, otherwise fit and loving parents need to work together for there children’s sake.  Fortunately, the Collaborative process can help parents really focus on their kids, by putting them in the center, rather than the middle, of the divorce process.  Every family situation is unique.  Every family and every child deserve a creative plan to help move them forward, restructure, and get to a new “normal.”  Drill and lockdown protocols included.
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love-heart-hand-romanticOK – this has nothing to do with divorce – or maybe it does. Valentine’s Day.  Yes, I know, it was two weeks ago.  And for people going through divorce, Valentine’s Day was perhaps just another day.  On the other hand, if you have young children, they exude an energy on Valentine’s Day that helps remind us of the deep and unconditional love we feel for our kids.  This year, I can’t help but think about the students at Marjory Stoneman Douglas High School in Florida.  Going forward, what will Valentine’s Day mean to THEM?  Will it be a reminder of the terror, shock, and incredibly grief they experienced?  And for the parents of the victims, what will the day represent? Locally, and just one week after the Florida incident, Orono High School was on lock-down due to a threat from a student who is on the autism spectrum.  Minnesotans are educated and smart and we know that kids with ASD are not dangerous.  The community of Orono responded in a very Minnesotan way: a GoFundMe page was created for the family of the child who made the threat.  Unfortunately, the boy is sitting in Hennepin County Juvenile Detention Center where a kid with ASD absolutely does NOT belong.  Some kids on the spectrum may be impulsive and may not understand how their actions can impact others.  They can’t always articulate how and what they feel, so they may not feel heard or understood and may respond in an extreme manner.  They aren’t trying to be difficult or make inappropriate choices.  But they can’t always discern socially acceptable behavior.  The agony this poor boy and his family must feeling!  This might be the first time where the perspective of  the “actor” in a school down is illustrated, and more empathy and compassion are generated.  I feel for ALL the families involved. School lock downs are now a reality for any parent with school-aged children.  It makes my heart ache.  And so many hearts were truly shattered this Valentine’s Day.  Yet here we are, a week later, and a family’s heart is breaking in Orono.  It’s overwhelming to see a community embrace this child and his family.  But then again, it DOES take a village.  So let’s take better care of our village.  Let’s take better care of our kids…ALL our kids.  Let’s embrace the big and small.  Athletic and musical.  Quiet and loud.  Different and unique.  All kids with all abilities.  We can do this if we: put down our devices and listen, really LISTEN to our kids.  Listen to our neighbors’ kids.  Play hide and seek.  Yes, I’m serious.  It’s fun!  Play Chutes and Ladders…again (ok, not so fun).  Read Captain Underpants for the umpteenth time.  And laugh – genuinely laugh!  Your kids will love you for it!  And…reduce kids’ screen time and get them the heck off social media.  They don’t need it.  They WANT it, but their brains just…can’t…handle it.  And to be perfectly honest, maybe our grown-up brains can’t either.  Instead, dust off your old copies of Charlotte’s Web, Nancy Drew and the Hardy Boys, and Harry Potter.  Have your older kids read to you.  You’d be surprised what you might learn this time around.
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With the holidays upon us, most of us are getting ready for gatherings with family and thanksgiving-1801986_1920friends and figuring out who is hosting which holiday.  Many families have traditions that may go back generations.  As parents, we may choose to keep those traditions or create new ones.  One of my family traditions was my grandmother’s cranberry marshmallow salad.  I have her recipe, helped her make it when I was a little girl, but I just can’t recreate it on my own.  No matter how much sugar I add, it’s too tart; sadly, I might just need to let this tradition go.  (Unlike the shredded carrot and jello salad many of us grew up with, this cranberry salad really was fabulous!)  I discovered and revised a cranberry sauce that my kids actually eat, so that has become part of our Thanksgiving tradition.  While she is no longer with us and I miss her terribly, I suspect my grandmother would be just fine with my new creation. Whether your traditions are about food, going to Grandma’s every Thanksgiving or stopping by for dessert at Uncle Jim’s Christmas Day, traditions are part of who we are. For families experiencing separation and divorce, it’s important to try to maintain those traditions.  A new normal, along with new traditions, will eventually emerge, but if your kids love going to your in-laws because Uncle John makes the best peach pie ever and Santa makes a special appearance for the little ones – thanks to Uncle Al – please maintain those traditions for your kids.  While you might not want to spend the holidays with your (former) spouse and his or her family, based on what clients have told me, consider the following: 1) share the holidays, rather than trying to keep them all to yourself, so your kids can enjoy those special traditions (who doesn’t love spending time with all the aunts, uncles, and cousins?  On both sides of the family?) and 2) consider spending the holidays with your former spouse at some point in the future.  Sounds crazy, right?  No…your kids would love it!  While it is probably the furthest thing from your mind right now and might not happen for some time, parents who are able to step up for the benefit of their kids are glad they were able to come together as co-parents and enjoy their children together.  And if you have had a good relationship with your in-laws in the past, chances are, you will have a pleasant time, too.  ‘Tis the season for giving…and you will definitely be giving your kids a wonderful gift.
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In parts 1 and 2, we defined vortex as: 1) a whirling mass of water or air that sucks everything near it towards its center; 2) a place or situation regarded as drawing into its center all that it surrounds, and hence, being inescapable or destructible. As discussed in previous months, the “divortex” can be avoided by choosing the Collaborative Process.  Prior articles describe what Collaboration is – it is a process that avoids court and may use a team of experts to help clients create the best settlement option possible.labyrinth-1738044_1920 The professionals on a team are, generally speaking, the two attorneys, a neutral financial professional, a neutral child specialist, and a neutral divorce coach.  Although the inclusion of financial and mental health professionals in the divorce process is nothing new, the manner in which they are used in the Collaborative process is unique.  The attorneys’ roles are different in Collaboration, as well.  While each spouse retains his or her own attorney, the attorneys work together to help the clients achieve an outcome that works for the entire family.  The attorneys give legal advice to their individual clients, but more importantly, they help their clients realize what their interests and goals are.  The objective of Collaboration is to get to a place where everyone is OK (a win-win) rather than a win-lose.  The attorneys are trained in the Collaborative model and interest-based negotiation. A financial neutral helps the divorcing couple with property division and cash flow. Financial neutrals are financial experts and are CPAs, CDFAs, and CFSs who are trained in the Collaborative process and who understand the legal process. A child specialist is a neutral who helps the couple with creating a comprehensive and viable parenting plan. The child specialist is a therapist who is also trained in the Collaborative process.  The child specialist is the voice of the children and not only helps the children during the divorce process, but helps parents help their children during this transition. A divorce coach is also a therapist and a neutral in this process.  The coach’s role is to the help the couple communicate better.  It is important for each spouse to have a voice in this process and the coach can help with that.  In high conflict cases, a coach helps the process move along more smoothly. Although it seems like there are a lot of professionals involved in Collaboration, every professional has a specific role.  In a non-collaborative case, the attorneys are acting as financial advisor, child specialist, and coach.  And while attorneys can help with those pieces of the case, attorneys are not experts in those areas.  In the Collaborative process, you get the best advice from the various professionals who are trained to help you reach a settlement.  Consequently, a Collaborative team CAN help you avoid the divortex!
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In Part 1, vortex was defined as: 1) a whirling mass of water or air that sucks everything near it towards its center; 2) a place or situation regarded as drawing into its center all that it surrounds, and hence, being inescapable or destructible.tropical-cyclone-catarina-1167137_1920 The second definition provides a visual for what many think a divorce “looks like.”  While the end of a marriage is emotionally tumultuous and devastating, the actual legal process of uncoupling does not have to be.  But, it is critical that you choose a process that promotes healing.  The Collaborative Process does just that. Collaboration is a holistic approach to divorce.  It can be utilized by couples who are ending either a marriage or significant relationship, or who have a child or children together.  Although some people question whether it is an appropriate process when domestic abuse or mental health/chemical dependency issues are present, many others think it can (and should) at least be attempted.  If you don’t want to be another “divorce horror story,” the Collaborative Process will likely be a great fit. Collaboration focuses on the future (i.e., the relationship of co-parenting in two homes) rather than the past (i.e. the vilification of one spouse); is a win-win for both partners (rather than a court-imposed win-lose); and emphasizes the well-being of the entire family.  You don’t air your dirty laundry in court, and you aren’t (literally) judged.  In fact, you never set foot in a courtroom.  The negotiation model is interest-based/win-win, rather than positional/win-lose.  You pay attorneys to help you solve problems, not argue and keep you stuck in the past.  Every family is unique, so every family deserves a unique solution.  And if you have young children, please keep in mind they need you present and available.  You can’t be present when you are fighting the other parent in court.  In Part 3, we will discuss the various professionals in the Collaborative Process and how their expertise can help you avoid the divortex.
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Remember hearing that as a child?  I do.  I said it.  I believed it.  And then I didn’t.  Names DO hurt, even if they aren’t “really bad, mean names.”  They can burn a memory into your brain that can haunt you.  My son, who is six, is one of the younger children in his 1st grade class.  Next to his 2nd grade soccer buddies, he’s a bit vertically challenged, although he’s considered “average” in height.  Nonetheless, when he came home in tears the other day because an older child called him “shorty,” he undoubtedly felt the sting of name-calling.  Welcome to the real world, my sweet, darling son!  We have all experienced it, to some extent, and it stinks.watercolour-1766301_1920 Rather than utter that renowned phrase to my son, my collaboratively-trained lawyer brain went into “better-get-more-information” mode. The conversation went like this: Me:        How did that make you feel when he said that? Son:       Sad. Me:        Mmmmm….I can see that… Son:      And angry… Me:        Definitely!  (Pause).  So, what happened next? Son:       (without missing a beat) I grabbed the ball out of his hands, dribbled it down the court, and made a basket. Me:        (Stunned!)  Wow!  That is AMAZING!  (Beaming with pride…that’s my boy!) So, my son “shows up” this kid by making a basket, yet he was still upset (hours?) later and recalls the name-calling rather than his awesome basket?!  This certainly illustrates words have a HUGE impact on others, whether we realize it or not.  It doesn’t have to be name-calling, either.  It can be just the language we use and the way we say it.  The tone in our voice can turn an otherwise innocuous comment into a heated argument.  So…STOP.  Take a DEEP breath (and maybe throw a stick at some THING).  THINK before you speak, and CHOOSE your words carefully.  Then go shoot some hoops.
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aMy family is going through Olympic withdrawal.  Well, O.K., not really.  But we watched the events we were interested in and rooted for Team U.S.A.  Of course, Michael Phelps stole the show, and Ryan Lochte stole the…well, let’s not go there.  At any rate, it was interesting. What continues to stick with me, though, is the catchy phrase in one of the commercials (I don’t remember which commercial) but it’s from Maya Angelou’s “Human Family” poem. As in the commercial, the poem ends with, “We are more alike, my friends, than we are unalike.”  This phrase is repeated twice in both the poem and the commercial.  The rhythm is undeniable, and the words unforgettable.  The truth is…we are.  This made me think back to one of my sociology classes in college, and those human traits that are universal, regardless of the country, village, or tribe in which a person lives: a smile represents happiness; crying signals sadness; and we all need food, water, sunlight, and air to survive.  As the poem goes, “In minor ways we differ; in major, we’re the same.”  Certainly, in our families we are, to some extent, the same.  So, when the “leaders” of a family decide to part ways, their differences should be relatively minor, right?  Sadly, depending on the divorce process the couple uses, those minor differences could blow up and out of control.  It doesn’t have to be that way. In the Collaborative divorce process, the goal is to find common ground and focus on the items the divorcing couple agrees on (the “alike” part). “Keep the children out of the middle.”  Check.  “Let the children attend the same school.”  Check.  “Make sure everyone’s needs are met.”  Check.  We focus on similarities, needs, and “alikeness”, and therefore interests, rather than differences and positions.  We aren’t that different.  At least we aren’t that different in major ways.  Unique, we are.  So, let’s not invent imaginary differences, which can create major conflict.  That takes so much negative energy.  Using a process that focuses on the positive, the “alikeness” of the two people ending the marriage is certainly more, well, human.
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vortexVortex: 1) a whirling mass of water or air that sucks everything near it towards its center; or 2) a place or situation regarded as drawing into its center all that it surrounds, and hence, being inescapable or destructible Sound familiar? In Minnesota, it’s tornado season, so many of us in the Midwest think of a tornado when we think of a vortex.  Regardless of where you live, if you are going through a divorce, this definition might sound like something you experience rather than something you see, and so, the term Divortex seems appropriate. Unfortunately, too many people have the vortex experience when they divorce. It is all too true:  the whirling mass of chaos, negativity, and craziness suck everything into its center.  The tornado analogy continues with “destroying everything in its path…leaving nothing but…rubble.”  Not a pretty picture.  You don’t have to be part of this, however. Divorce is devastating. No one plans to get divorced.  Marriages end for various reasons.  There is undoubtedly anger and sadness.  The clouds roll in, the thunder begins, and it rains.  For a long time.  But, the divorce process shouldn’t make your relationship worse.  Unfortunately, the legal process often turns the rainstorm into not only a flash flood, but a tornado.  The legal process contributes to the mess, and thus, the divortex forms, sucking everything into its center: your time, money, emotions, plans, life, EVERYTHING.  You have absolutely no control over what it does or where it goes.  You are helpless and at its mercy.  All you can do is go to the lowest level (which happens inadvertently in litigation) in your home.  Stay away from windows.  And if you are a person of faith…pray.  If you aren’t a person of faith, well, it’s never too late to start.  With all due respect to the judges who hear and decide family cases, especially the difficult ones, court IS a whirlwind.  You just never know what will happen. Fortunately, you can choose a process where, believe it or not, there is at least a faint glimmer of a rainbow at the end. (Probably not a pot of gold, but a rainbow, nonetheless.)  Selecting Collaboration is the first step.  You and your spouse decide what the outcome will look like (not a judge).  You and your spouse have a voice and participate in the meetings and the decision making.  Using a team of trained professionals, you will create your own rainbow.  If you want all the colors of the spectrum, perfect!  If, however, you’d rather have the cooler colors of green, blue, and indigo, you got it!  No one is judging.  Really.  Sound too good to be true?  Nope.  (And no worries, I’m not going to bring unicorns into this story.)  Next time, I will discuss HOW Collaboration can help you avoid the Divortex.  Stay tuned.
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My kids are spirited.  Not possessed, although somedays it seems like they are.  I thought the term “spirited child” referred to a child with ADD or ADHD.  Not true.  It’s not a diagnosis – it’s simply temperament.  Thank goodness for Minnesota’s own Mary Sheedy Kurcinka and her book, “Raising Your Spirited Child.”  As soon as I finished it, I started reading it again. Spirited kids are just “more,” and my two kiddos are high energy, intense, persistent, and slow to adapt.  This slow-to-adapt trait makes transitions a CONSTANT battle.  It’s hard enough getting my two out the door to school every day.  Then I think about kids whose parents are going through a divorce.  Not only are kids of divorce doing the everyday school, activities, home, etc., but they have two homes to toggle between.  I’m sure it’s hard for any kid to go back and forth between two homes.  Most adapt, though.  But if you have a child who doesn’t like transitions, and mix in some frustration and sadness of the divorce, you have the ingredients for a frustrating, heart-breaking battle between parent and child.  What to do? Regardless of whether they are spirited, but especially if they are, listen to your children.  Understand what your children are going through.  It’s never too late to get a child specialist involved in the process, even post-decree. Talk with your children them, instead of at them.  They didn’t ask to be in this position and they have NO control over the divorce.  Help them feel like they have some control over their world.  Don’t just assume they are doing well because they are getting straight A’s, or they’ll be OK when the divorce is final.  Maybe they will be OK.  After all, kids are resilient.  But they’re your kids.  And I think it’s our duty as parents to do as much for our kids emotionally as we can.  They deserve it.
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question markMy husband and I were taking our kids to swimming lessons when we saw a man and woman standing outside the facility arguing.  The anger and negative energy were palpable.  While still in the parking lot, we met up with another family we know, and we exchanged uncomfortable glances as the conversation between this couple became more heated.  “Awkward,” my friend whispered. As we approached, I could hear what they were arguing about, and the expletives were flying (this is a family place, mind you, and my kids were five and two at the time – yikes!)  The woman was saying, “I don’t give a $*&^ what you think.  You can’t have that #$&* sleep over when it’s your weekend with our son.  You are such an ^*&+@!  We aren’t even divorced yet.”  My five year old glanced up at me with an odd look on his face.  Oh boy.  I wondered if they had attorneys and what process they were using. Even though I see this sort of conflict on a regular basis, it was very uncomfortable to witness.  I’m not sure if my discomfort was because I couldn’t do anything about their conflict (I was there as a mom, not a lawyer) or because my children were in earshot.  For a fleeting moment I did, however, consider going up to them.  I felt compelled to inform them there is a better way to deal with this “stuff” and that a child specialist and divorce coach could get them to a better place regarding “adult sleepovers.”  That was the lawyer in me. Since we were running a bit behind, however, the mom in me picked up my two-year-old and hurried my son through the door.  Either way, I felt bad for this couple, and even worse for their child.  I wondered how old their son was and if they had made a scene near the pool when they decided to “take it outside.”  I will never know how their divorce turned out.  I can only hope that things cooled down at some point so they could focus on co-parenting their child.  It’s understandable that emotions are highly charged during a divorce, which is the reason a divorce coach and child specialist are incredibly helpful during the process, as well as a therapist or counselor.  Stop.  Breathe.  Think.  And talk to a mental health professional.