Children in Divorce Archives | Page 12 of 18 | Collaborative Law Institute

May 14, 2014

Sometimes Life’s lessons are subtle and elusive. Other times, they’re less so. In mid-March, my granddaughter arrived “in the usual way”, big dark eyes and a head full of dark hair that had all the nurses exclaiming. My stepson was beside himself with joy and tenderness. My wife’s feelings radiated from her face like a beacon. That was Thursday night. On Monday, the new parents brought the baby to St. Johns Hospital to visit Grampa, who was failing, and in and out of awareness. Grampa was able to sit up and hold his great-granddaughter. “Sweet baby!” he murmured repeatedly, smiling down at her. The next day, Grampa returned to his assisted living apartment under a hospice arrangement. The last weekend of March saw my wife and I camped at his bedside from Friday on. Relatives came and went, and as the significance of the moment registered, I expressed my feelings in poetry. Monday morning he slipped away. The funeral was three days later. In each case, I was reminded of the majesty and grandeur of Life’s primal events; of how great is the illusion of human control over the most important matters of our lives. I wondered at the ability of a tiny baby to cement two young people together, and suddenly found myself thinking how insane is the notion that anything could ever separate her parents. Yet, as a divorce lawyer, I see it every day. And I was humbled once again recalling my clients who reconnected with the joy of their children’s births at the same time they were witnessing the death of their marriages; who saved what they could and grieved the loss of what they couldn’t. Occasionally, I hear from them, reporting that the Great Wheel of Life did, in fact, continue to turn; that sometimes the lessons they learned were not realized until months or even years later. It made them, they report, much more sensitive to the teachings of any given moment. It made them participants, rather than mere spectators, in their own lives. It made them think.

May 7, 2014

Recently I received a LinkedIn endorsement from Christa, a client I represented in 2008 in her collaborative divorce. In thanking her for her endorsement, I took the opportunity to ask her how she was doing. With her permission, her response is reproduced below. At the time of her divorce, Christa’s two (2) daughters were 16 and 17, and Christa only worked part-time. Hello Tonda, How nice to hear from you! Life has been good on my end. I’ve move forward professionally and personally–continued to work in psychiatric research, first part-time and then, for the past 4 years full-time. In addition, I’ve been building my private counseling practice, which led to 60+ work hours per week. The practice is going well enough that I was able to resign my salaried position effective this November. It’s not easy leaving a place that feels like a curious and lovable community, but for the sake of living a full life, choices needed to be made. In October 2008, a mutual friend introduced me to a man who is now my husband. He was married before and has 2 children–his son is the same age as my oldest daughter (23), and his daughter is 15. We were married February last year (2013) on Key West. Almost my entire family came over to be there for us–including some nieces and nephews. It was lovely. Two weeks later, my former husband got married as well to a woman he had been dating since our separation. The girls are doing very well. My oldest daughter will be graduating this coming spring with a major in education and mathematics. My youngest daughter will graduate next December, and then plans to get her MA degree in child psychology. After struggling with grades and transitions the first year, they have both become straight-A students. My youngest daughter said something interesting the other day while we were driving. She said, “Mom, I can’t even imagine you and dad being together anymore; it’s not like I don’t remember, but you guys are so different, and all my friends can’t even believe the two of you were ever married. I mean, how did you make it work for so long?” Today, both my daughters see the benefit of their parents having divorced and moved on. My former husband seems happy, has a good relationship with his daughters and brought a great woman into his life. I’m happy as well, and likewise have a wonderful connection with my daughters. Both daughters are relieved they don’t have to worry about either one of us, and both of them like our choice of new partners. Everyone is well and happy. I’m very grateful for the part you played in giving me the information and support I needed to take the step toward divorce that had frightened me so much. Not once did I regret this transition. I appreciate the divorce process was not hostile. You were calm, wise and nurturing when I was in the grips of anxiety. Sure, there were hurt feelings and it’s very stressful going through this process. However, it left two people free to move forward and build a meaningful life. It also freed our children from the worry they had for parents who just could not be happy together. So: thank you, thank you, thank you!!! All the best, Christa

May 5, 2014

When Gwyneth Paltrow and Chris Martin recently announced their breakup as “consciousuncoupling”, they created quite a buzz. Comments both positive and negative streamed forth into the media. While many applauded the honesty and civility of the couple’s joint post, others were more critical, wondering, for example, whether conscious uncoupling is simply “breaking up for vegans.” As a family law attorney focused on helping families in transition, I was impressed by the couple’s joint statement. Acknowledging that they “are and always will be a family” and that they “are parents first and foremost” reveals an elevated level of consciousness. By making the public aware of a kinder, more generous approach to divorce, my hope is that this celebrity couple is raising the awareness of others considering divorce. While I understand that conscious uncoupling can refer to a variety of processes, the core principles include acceptance of mutual responsibility for the past and discussion of shared goals for the future. Divorce presents an opportunity for each partner to gain insight into his or her own patterns of behavior and how those patterns impacted the relationship. The Collaborative divorce process encourages conscious uncoupling. A neutral coach can help couples honor their feelings of grief and anger and develop a relationship plan for the future. Creating an honorable ending to one relationship improves the outlook for future relationships. If the family has children, they, too, will benefit from their parents’ healing and improved communication.

April 25, 2014

When Gwyneth Paltrow and Chris Martin made the recent announcement that they were

consciously uncoupling, they clearly touched a public nerve. There was immediate sniping from people who seem to prefer celebrity gossip leavened with spite and public histrionics. Critics derided the process Paltrow and Martin are choosing and questioned their motives, and more than one “expert” opined that divorce could not occur without acrimony and anger. I beg to differ. How cynical has the public discourse become when people would criticize a process of divorce that mindfully strives to create emotional safety for children? What’s to be gained by scoffing at the notion of creating an effective co-parenting relationship? Why is there an automatic assumption that hurt and sadness–even betrayal–must trigger fury and contempt, and that divorce is of necessity an adversarial process?

As a Neutral Child Specialist , I respect the calm and dignified way Paltrow and Martin have begun this sad journey, which, because of their professions, will need to be done in the public eye. Understanding that language is powerful, I applaud the term conscious uncoupling, which, like getting unmarried, does not carry the emotional baggage of the word divorce. I was especially impressed when Paltrow and Martin referenced the wish to co-parent and to continue to be a family for the sake of their children

A divorce process that puts the needs of children at the center is much healthier, not only for children but also for their parents. It is true that effective co-parenting leads to a much higher quality of life for all family members. These goals are embodied in the work of the Collaborative Team Practice community. Collaborative Team Practice may not be chosen by those who don’t believe that parenting during and after a divorce requires mindfulness, a certain amount of self-sacrifice and hard work to keep children at the center and out of the middle. However, it is an excellent process for parents who want to reduce the impact of a painful change on their children’s future.

March 10, 2014

One Bridge to Peace provides specific, concrete tools that will allow one willing, caring parent to relate peacefully with even the most bitter and contentious co-parent. This workshop specifically debunks the notion that it takes two willing adults to create an environment of peace and safety for children whose family is in conflict. While the methodology and practical tips seem simple, they are not easy and in fact are highly counter-emotional. One Bridge to Peace simply requires one willing adult–one caring adult who is willing to put aside anger, resentment and pride–to create a peaceful and safe life for the children in their lives. One Bridge to Peace requires one parent to accept and adhere to a philosophy, a set of principles, and specific behaviors that will eventually disarm and re-engage even the most bitter and contentious parent. We have found that the One Bridge to Peace model can be used to reduce conflict in every situation–marriage, work, community, neighborhoods, as well as divorced or divorcing families. Conflict tears away at the very fabric of our lives. Attend a One Bridge to Peace workshop and start building one bridge to peace in your own life and the lives of the children you care about deeply.

February 25, 2014

In my meetings with kids, I ask them to share perspectives on family, including hopes and wishes for how family might work best when parents are living in separate homes. I recently had the privilege to meet with four amazing young women; siblings whose parents are getting unmarried in a Collaborative Team Process. I continually learn from kids with whom I work as a neutral child specialist. Each of these girls made thoughtful observations for me to share with their parents, so I asked them and their parents if I could write a blog post to share these ideas with others. Because they are thoughtful, empathetic and generous people, they agreed, and have my deep gratitude and appreciation.

Below are words of wisdom from Lauren, Kelly, Emily and Grace. Though focusing on one quote per girl, I want to stress that each of them had many wonderful insights about all the areas mentioned.

Lauren on Holiday and Birthday Celebrations

“I want one graduation party, not two. This is about me, not my parents. And I want them both to come and to get along.”

Lauren’s words represent the viewpoint of many kids, and are a powerful reminder that children of all ages have strong feelings about family celebrations. Lauren also talked about preserving family traditions on both sides for holidays, like Christmas. Tuning in to kids’ perspectives can help parents figure out how to preserve important traditions while adding new ones, providing grounding and clarity for all family members.

Kelly on Co-parent Cooperation

“I want my parents to remember they’re both always my parents no matter which house I am at.”

Kelly’s words articulate the heart of the positive and profound shift in family law away from attaching custody labels toward co-parenting and creating parenting plans based on the best interests of kids. Kids dislike the feeling of going from “Mom Island” to “Dad Island,” and feel safer if parents respect and honor their relationships with both parents. Effective co-parent communication is a centerpiece of parenting and relationship plans in Collaborative Team Practice.

Emily on Transitions between Homes

“I hope my parents will have a one to two hour window for me to go from one house to the other, so it’s do-able if I am in the middle of something or with a friend.”

One of the most challenging aspects of a divorce for kids is transitioning between homes. It is vital that parents work together to make transitions as smooth, cordial and stress-free as possible. Emily’s words are an important reminder to regularly check in and listen to kids about what is working well and not so well in transitions. Parents need patience and empathy: kids have lives too!

Grace on Family Transformation

“I want us to be a together and apart family. We’re still a family, but we’re just split.”

Grace absolutely nailed why I do the work I do as a neutral child specialist. What she said is both insightful and core to helping kids develop resilience. It is so important that all family members move forward with the deep understanding that getting unmarried does not end a family with children, but transforms it.

Thank you Lauren, Kelly, Emily and Grace. We will keep listening!

February 12, 2014

Watching the Winter Olympics, a commercial captured my attention. The ad included footage of Olympic athletes who fell while competing, thus failing to reach a goal for which they had trained intensely and prepared for years. Although elite athletes know there is no assurance of winning, their hearts can still break when their hopes and dreams are shattered after a fall before reaching the finish line. As you see in the commercial, the story didn’t end with failure. Each of the fallen athletes was shown years later, returning to give a winning performance. The theme of the ad was “there is always a second chance.” Though not every heartbreaking fall comes with a replay button, we know that life is a constant process of loss and renewal.

Those of us in the Collaborative divorce community are deeply attuned to the emotional event of a divorce. It is usually heartbreaking for all family members—the divorcing couple, their children and their extended families. It can certainly feel like a painful fall before the finish line of a marriage is reached. Hopes and dreams can feel shattered. We never want the story to end there.

Collaborative Team Practice is designed to help guide families making their transition through a painful time of loss with safety, respect, dignity and hope for the future. The Collaborative Team is comprised of professionals from many areas of practice:

Collaborative attorneys are skilled at listening deeply, helping clients set goals and engage in problem solving meetings that are non-adversarial in nature. Neutral Coaches work with clients to bring their best selves to problem solving meetings, and create a relationship plan with them if their future includes co-parenting their children. Neutral Financial Professionals generate creative options to help both clients come through their divorce on the best possible financial footing. Neutral Child Specialists meet with all family members, are supportive advocates for children in the family, and help parents create developmentally attuned parenting plans.

Like a skilled sports team, each member of a Collaborative Team understands his or her unique role in the interplay of helping clients reach their goals while feeling understood and supported in the process of getting unmarried. We believe in the process and promise of renewal after loss.

January 30, 2014

Divorce is a challenging and life-changing experience for all family members, and most divorcing parents worry about how their children will be affected in the short and long term. Because divorce is such a significant event for children, these concerns are understandable. As a neutral child specialist, when helping parents address their concerns, I encourage them to consider three guiding principles.

Guiding Principle #1: The crisis of divorce should never become a trauma for children.

Although divorce will almost always be painful and difficult for children, it is entirely possible for parents to keep it from becoming traumatic. Children can be traumatized when trapped in an environment of high conflict, danger, abandonment or abuse. None of these words should describe a child’s experience of divorce.

Guiding Principle #2: Children must be kept in the center and out of the middle of their parents’ conflict.

It is understandable that divorcing parents will experience conflict with each other. It takes mindfulness and empathy for parents to set the kind of clear boundaries that keep their children from being drawn into the conflict. Being in the middle always impacts children negatively. It is toxic to use children as confidantes, ask them to take sides against the other parent or disparage the other parent in their presence. The decision to take the high road and not put children in the middle is one that parents will never regret.

Guiding Principle #3: There is such a thing as a good divorce for families.

Judith Wallerstein’s longitudinal research on the impact of divorce on children painted a bleak picture of negative, long term developmental, social, academic, emotional and behavioral effects. Wallerstein studied families who divorced in 1971, a time when family law was typically adversarial and divorce was socially stigmatized. In 1994, Constance Ahrens wrote The Good Divorce: Keeping your Family Together when your Marriage is Falling Apart based on her own longitudinal study. Ahrens found that when divorced parents could reduce conflict, communicate effectively, and co-parent cooperatively, their children did not experience long term adverse effects.

These children continued to feel a reassuring sense of family, transformed from under one roof to under two. With the right kind of personal and professional support, parents can make a healthy transition from a divorced couple to effective co-parents. Making this transition successfully makes a huge difference in the quality of life for children.

Non-adversarial methods of divorce undoubtedly enhance parents’ ability to create child-centered outcomes. Since 1990, there has been a sea change in family law, including models of collaborative practice, mediation and cooperative divorce. When divorce must happen, choosing a child-centered divorce process is another decision that most parents will never regret. For more information on Collaborative Team Practice, please visit the website of the Collaborative Divorce Institute of Minnesota .

January 29, 2014

Recently, I was watching The View on ABC. The panel was discussing forgiveness when co-host Jenny McCarthy brought up how her views about her Ex had changed. She and her husband, John Asher, had a son, but apparently there were plenty of hard feelings attending the 2005 divorce. McCarthy described a change she recently went through concerning her child’s father. “I think when you have a child,” McCarthy said, “you create a soul contract.” She went on to explain the concept in terms of being there to provide what your child needs. And recently, she said she had started to view the man she had been married to much more as the father of their son, and much less as the former husband with whom she had been in conflict. She was able to love him again, in that parent role, because their son needed his parents to have regard for one another. What was even more impressive was that their son picked up on the change right away, and clearly appreciated it. That concept, that the relationship roles shift during and after divorce, is a hard one to internalize. It can be excruciating to cease regarding a person as an intimate partner (with its attendant pressure to run in the opposite direction) and simply regard a former spouse–and appreciate them–as the Other Parent of your children, but that’s often exactly what your children need.

January 13, 2014

Divorce lawyers, when trying to urge their clients to settle their divorce case and save fees, will sometimes point out that a costly divorce is, directly or indirectly, draining the college fund for their children. This is a stark reality that, on occasion, will cause clients to pause long enough to set aside some emotional issues in order to preserve their nest egg. I have found that comparing college savings to divorce savings can be helpful in other ways as well. In working with divorcing couples for more than 30 years, I am often very impressed by the enormous sacrifices that middle class Americans will make to assure that their children get a good college education. This seems to be so embedded into the American dream that is not unusual to see parents fund their children’s college education even if it means depleting all savings or incurring great debt. In many divorce cases, the college savings are the “sacred cow”, the last thing to be impinged upon, based on shared belief that “the children come first.” For the most part, this is incredibly admirable. College education, or other post-secondary opportunities, can truly make a difference for our children and watching parents sacrifice for the greater good generally seems like a good idea. However, during a divorce, the sacrifices made for post-college education needs to be compared to other family sacrifices. Many adult children, who have gone through college, as well as their parents’ divorce, claim that getting through their parents’ divorce was the bigger challenge. More important, it is often easy to see that the way their parents handled their divorce had an even greater impact on their future lives than whether they had to take out a student loan to cover a larger portion of their college education. It is easy to see why this would be true. Yet, it is a hard realization for parents to accept when they are asked to consider “investing” in their children’s divorce in a similar light to an investment in college. For example, in most cases we recommend that parents work with a child specialist during a divorce; someone who can make sure that we are truly hearing the needs of the children and who can guide the parents in creating and implementing a parenting plan that is truly in the best interest of their children. The investment in a child specialist generally ranges between $1,000 and $2,000, a relatively small investment when you consider what is at stake. Yet, I see many really good parents who balk at this investment, even while committing tens of thousands of dollars to make sure that their children are not overburdened by student loans. I get it, in a way. A college education seems like a more tangible thing and, if you have never been through a divorce or worked with a child specialist, it may be hard to envision the benefits of a child specialist in the same way. In truth, there are times in which working with the child specialist has only a slightly advantageous effect on co-parenting. However, there are other times when the difference is life changing. And when you carefully consider what is at stake, I can usually, without hesitation, recommend that investment, even at the risk that it could (although not necessarily) add $120 to $200 per month to little Johnny’s student loan payments.