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3 Myths

Having consulted with hundreds of clients over the years, I have learned that there are many popular misconceptions about divorce. Acting on misinformation can result in long-term, unintended consequences for your family. I’ll address three such myths here:

Myth #1: “Serving papers on my spouse will give me a strategic advantage.” Contrary to popular belief, the serving of divorce papers has a very limited effect upon the legal proceeding itself. Doing so can, however, have a profound impact upon the tone of the negotiations to follow. In the Collaborative divorce process, we always use a joint petition, which is signed by both parties and their attorneys at the first joint meeting. Starting the process in this way reflects the parties’ mutual respect for one another and allows them to maintain control over the pace and content of settlement discussions. Myth #2: “Our kids have no idea we’re going to divorce.” As adults we often underestimate the wisdom of children. Even very young children pick up on body language, facial expressions, and tone of voice. They notice how mom and dad talk (or don’t talk) to each other. They have friends at school whose parents are divorced. Working with a child specialist to create a “we statement” is a thoughtful way to jointly inform your kids that you have decided to become unmarried. But don’t be surprised if they already have suspicions. Myth #3: “The sooner the divorce can be final, the better.” While no one wants to linger in the throes of divorce longer than necessary, moving too quickly can be dangerous. It may take some time for one spouse to “catch up” emotionally in order to meaningfully participate in settlement discussions. Creating a parenting plan focused on the children’s needs often requires some trial and error. It’s impossible to know whether a particular schedule will work until you’ve lived it, at least for a while. Financial decisions made in divorce have long-term consequences for the entire family and should not be finalized until thoughtful evaluation of all options has taken place. The best way to get accurate information about divorce process options is to consult with an experienced family law attorney. Feel free to contact me if you’d like to know more.
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What are the stories that adult children of divorced parents have to tell?  This was the question that sparked an incredible project by photographer Karen Klein, culminating in two Broken Circle books. Karen interviewed young adults in the U.S. and Dominican Republic asking two questions: how was your life affected by your parents’ divorce at the time it happened, and how has their divorce affected your plans for the future?  The responses from the participants are authentic, heartfelt and eloquent, and the candid photographs accompanying the text add a valuable dimension to the stories. Not surprisingly, many of the stories have raw and painful edges. Divorce is extremely difficult for children. The young adults in the Broken Circle project who experienced feelings of abandonment and loss, or those for whom parental conflict was high or remains active are still struggling to find equilibrium and a sense of emotional security. Many participants acknowledged to Karen that this was the first time they could remember having the opportunity to talk about how they felt about the divorce.  Their participation in the project was cathartic and healing. However, what is hopeful is that not all the stories were negative or bleak.  The young adults whose parents had divorced in a respectful or amicable way, and those whose parents were on friendly terms as co-parents tended to express acceptance, balance and hope for the future. It also seemed these young adults had not experienced the divorce as a taboo subject for discussion while growing up. Collaborative Team Practice is a way to divorce with dignity and respect. The process helps a divorcing couple make a successful transition to effective co-parenting through advocacy from skilled and compassionate Collaborative attorneys and expert support from a Neutral Coach. The Neutral Child Specialist on the team ensures that children’s voices will be heard in a safe way, and that children will experience support at a critical juncture in their lives.  The Neutral Financial Professional helps divorcing parents create financial resolutions tailored to meet their specific needs as the family restructures. Though the family circle will not be the same, Collaborative Team Practice can help ensure that the new family constellation is not “broken” but transformed so children’s stories in the future will primarily be those of hope.
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Mindfulness, meditationMindfulness is a concept that has become part of mainstream American culture over the past decade. Hectic lifestyles, information overload and constant distractions have led more of us to look for a way to quiet our minds. In fact, many public schools, professional athletes, large corporations, and even the U. S. military, are using meditation exercises to reduce stress levels. Divorce is one of life’s most stressful experiences. Often much attention is focused on the past and the future, triggering both unpleasant memories and fearful expectations. As someone who knows first-hand the benefits of daily meditation, I see great value in using mindfulness principles in my Collaborative divorce practice. Starting the divorce conversation respectfully sets the tone for a more purposeful process. Awareness that the parties are often in different stages of divorce readiness is important. Becoming unmarried may be something that one spouse has contemplated for many years, while the other considers the marriage’s rough spots to be normal. Jointly exploring available divorce process options can also reduce fear and surprise. Processes emphasizing guided conversations between the parties, such as Collaborative divorce and mediation, reduce the likelihood of miscommunication and empower parties to achieve mutually acceptable solutions. Intentionally choosing the timing and method for divorce together establishes a calmer tone for the road ahead. Having patience during the process results in healthier outcomes. The strong urge to get things done as quickly as possible is understandable. It seems that the sooner the divorce can be finalized, the sooner life will return to normal. However, the decisions to be made are life changing with long-term impacts on the entire family. Trying to move too quickly can result in replacing one bad situation with another. Slowing down and accepting the divorce experience for what it is can allow for a deeper understanding of the issues involved. Acknowledging the good and the bad of the marriage without judgment provides valuable insight. Identifying each party’s contributions during the relationship can help the healing process begin. Recognizing one’s own part in the failure of the marriage can provide valuable insight for future relationships. Letting go of bitterness and regret is essential to moving forward in life. For divorcing couples with children, accepting “what is” allows them to redefine their relationship and communicate more effectively in the future. The ending of a marriage is, unfortunately, an all-too-common event. However, if done mindfully, divorce can be an opportunity for personal transformation and growth.
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I recently viewed a TED video about the impact of divorce on children. Professor Tamara Afifi, a professor at the University of California Santa Barbara, presented the results of her research. Here are some of her findings: CONFLICT BETWEEN PARENTS, NOT DIVORCE, HARMS KIDS Conflict between parents during marriage can be more harmful to children than a divorce. The differences between children of divorced parents and parents who are still married are not that great. What makes a difference is whether the conflict between parents continues, whether they are divorced or still married. Children are hurt most by parents in conflict. DIFFERENCES IN DECADES The impact on children of divorce in the 70’s, 80’s and 90’s has been different. In the 1970’s, there was a higher impact on children, which she attributes to the fact that divorces then were the result of bad marriages and more conflict. In the 1980’s, the impact was lower because people were divorcing for reasons having more to do with personal growth and self actualization. There may have been less conflict and better communication. In the 1990’s, the impact has been higher which she suggests was due to the closer relationship children had with their parents, communicating daily, and more involved in each other’s lives. Children became more involved in the divorce because they were generally more involved in their parents’ lives. NEED BOUNDARIES WITH YOUR CHILDREN There is a danger with this closer, more involved relationship between parents and their children. Children should not be burdened with their parents’ hurt or anger at the other parent or put into the role of messenger. One child described her mother as her “best friend” who asked her daughter for advice about an affair. Kids shouldn’t have to deal with this. A child shouldn’t be asked to “remind your mom” or asked “why doesn’t your dad tell me” about something. This puts them in the middle of the conflict or forces them to align with one parent. Establish boundaries about what is the adult conversation and what is the conversation with children about the divorce. AVOID HURTING YOUR CHILDREN DURING DIVORCE What can divorcing parents do to lessen the impact on their children? Work together on a co-parenting plan which redefines your roles following the divorce, work with a child specialist to establish the boundaries between adult and child issues in the divorce, improve your communication with each other, defuse emotions, and refuse to engage in bad mouthing the other parent. In the collaborative divorce process, child specialists and coaches can help you in all of these areas.
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The popular media makes a healthy profit on promoting disaster, and casting everything possible in the language of disaster.  “Shocking!” and “Horrifying!” are two words we see all too often. Regarding divorce, the popular media has created disaster myths around such topics as:   failure of children (depression, suicide, academic failure, juvenile delinquency), financial failure, higher divorce statistics, etc. What is the truth? To begin with, the United States divorce rate among the general population has been misinterpreted and exaggerated – it is not 50% and growing, and may in fact be 40% or less. Rates are even lower among college educated couples in the United States and may be less than 30%! This means that the chance for marital success in a second marriage may much higher than you think, especially if college education is factored in. Hollywood celebrities and other limited criteria skew the divorce statistics quoted by the media. With respect to children, there are few long-term studies about the impact of divorce (specifically, 3 studies in the United States), and they do not determine disaster for children. The most recent studies indicate that it is the level of marital conflict – NOT divorce – which spells failure for children. What are the factors which can impact children in a positive way? These studies seem to point to two major protective factors:
  1. Not using the children as message carriers between parents
  2. Giving the children permission to love both parents, wherever they go in life.
Modern psychological research indicates that children attach both to mothers and fathers, and in order to be whole people (not absorbing the irreconcilable conflict of their parents), they need to be free to love both parents whether they are in Mom’s house, Dad’s house, school or with extended family.   “Your Dad loves you so much – I’m so glad you had fun with him last week – tell me all about it!” or “You are the most important part of your Mom’s life – aren’t you looking forward to going camping with her next week?” are the kinds of protective statements parents can make to their children. What happens when parents can protect their children this way, even in the face of divorce?  The long-term studies report: even children who may be initially adversely affected by a separation can recover to meet their age-mates and peers in every category – including, they may not be any more likely to experience divorce in their own lives than the general population. What about financial ruin? With options such as Collaborative Divorce, qualified financial experts help couples devise the smartest financial plan possible, to create more net income (reducing taxes) than they had in an intact family, and to help pay debt or other items which can help build a more sustainable cash flow in future.  Couples can decide to be smart instead of reactive in a divorce, and get to a better place instead of ruining their futures. Readers who would like information on the studies cited should contact:   judith_h_johnson@hotmail.com or call: 952-405-2015.
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Children of divorce can provide unique insights. I recently had a conversation with a young woman whose parents had divorced more than a decade ago, while she was still in her teens. Looking back, she said she appreciates some little (and not so little) things her parents have done since the divorce to make their divorce a “good divorce,” including:
  • Continuing to use the words “mom” and “dad” when referring to the other parent.
  • Recalling happy memories of the marriage and her childhood (not erasing the past).
  • Welcoming updates about the other parent’s post-divorce life.
  • Communicating directly with each other to plan family events, without putting the kids in the middle.
  • Taking responsibility for their own individual happiness.
  • Having the kind of relationship that allows your kids to relax at family events.
While these may sound like challenging (even impossible) goals if you’re in the throes of divorce, we parents love our kids more than anything. As the adults in the family, parents are responsible for modeling healthy relationships for their children. And, although it requires effort, it is possible to have a healthy relationship even after becoming unmarried.
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Professionals who work with divorcing couples know that it is rare for couples to be at the same place in terms of deciding whether the marriage needs to end.  In almost every case, there is one spouse who has taken more time to think about the life of the marriage and how it may have become damaging to both parents and children. What are some tips for those who have given the subject a great deal of thought, and think the future could be brighter in two homes?
  1. Make sure your spouse knows that you have heard their own complaints.  On a consistent basis, when they start to complain about your behavior, let them know you understand they are unhappy also, and that you want them to be happy as much as you want to be happy.  Life is short, and going around in circles over what can’t be fixed is wasted time. It’s important to acknowledge with respect that you may not be able to meet each other’s needs, even if you were able to do so at one time.
  2. Do your research. Find ways to approach a potential divorce as positive as possible, and will not end in your family’s ruin. Collaborative Divorce is a professional team approach to solving family differences which focuses on creating the smartest solution possible – with an intentional financial plan, and parenting plan. Find a way to contain the amount of time you need to make decisions, to contain the cost and get the smartest solution possible for your family. Share the positive aspects of your research with your spouse.
  3. Find a safe place to talk. This may NOT be your kitchen table, or the local coffee shop. It may be in the office of a family specialist with the knowledge and skill to create a therapeutic setting for tough conversations. Talk with respected friends and colleagues who may know a Licensed Marriage and Family Therapist (LMFT), Licensed Social Worker (LICSW), Psychologist (LP) or other mental health professional who understands the dynamics of family systems and has a positive, proven approach.
The last thing couples facing the end of their marriage need to do is chew on each other.  Life is tough enough without that. Choose for yourself to find a better way, and start changing the conversation to a positive focus on the future.
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How do you turn a divorce process into a healing process? By envisioning your highest goals for what you want to accomplish during the divorce and after the divorce has ended.  This is what happens in a Collaborative Divorce process. Unlike the traditional divorce process where the focus is often what happened in the past, the collaborative divorce process focuses on the future.

At the commencement of a collaborative divorce, the divorcing couple identify and share their vision for a healthy divorce and a healthy life after divorce. Here are some of the visions couples have shared with me in my work as a Collaborative Divorce attorney.

Beth and Peter’s Vision Children
  • For our children to see us co-parent with each other in a non-conflictive way.
  • For us to live in close proximity to each other while raising our children.
  • For us to live in stable environments while raising our children.
  • For our children’s lifestyles to be affected as little as possible by our divorce within the resources available to us (e.g., emotionally and educationally; that we continue with the educational plans we have made for our children; that our children live in the same community).
  • For our children to have as much stability and security in their lives as they require.
  • For us to be fully involved with raising our children.
Financial
  • For both households to be financially resilient.
  • For us to develop independently in terms of financial security.
  • To have the flexibility in one’s work schedule to be present with the children as their schedules require.
  • For Beth to have the opportunity to explore educational, training, and other career opportunities with the goal of becoming financially independent.
  • To respect the financial decisions made by us and our families, including the decision of Peter’s family to leave him money.
Relational
  • For us to be in a co-parenting relationship our children can count on.
  • For us to be respectful of each other into the future.
  • For us to create a new, healthy family relationship with each other.
  • For us to look back on this difficult time in our shared life and be proud of how we handled a time of conflict and communicate it to our children when the time is right.
Erin and Matt’s Vision (no children)
  • That we have confidence in the decisions we make.
  • That we make a transition to a friendly relationship when completed with the collaborative divorce process.
  • That we have a feeling of peace and resolution.
  • That we have a positive financial outcome that meets both of our needs.
  • That we both have financial security.
  • That the emotional distress of the divorce is minimized.
  • That we are able to promote cordial relationships with each other’s extended family and mutual friends.
  • That we keep in mind the possibility that Erin will move out of the State.
  • That the settlement take into consideration Erin’s need to finish school.
  • That Matt is able to remain in the homestead and maintain a reasonable budget.
  • That Erin is able to purchase a modest home and meet her living expenses.
Jeff and Ann’s Vision
  • For our children not to feel divided.
  • For our children to feel comfortable with both of us.
  • For us to convey a sense of harmony to our children.
  • To have financial security for both of us.
  • To get along with each other after the divorce; to have mutual respect for each other; and to have a pleasant relationship.
Creating a vision of the future is the key to crafting settlements that achieve those visions.  And so the healing begins.
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The divorce process can be so difficult it is hard to imagine anything positive coming from it. However, in Collaborative Team Practice your family is surrounded by professionals who understand the complications of relationships, the emotional distress of divorce and how to navigate this process with open communication, balance and respect. When a family takes advantage of the professionals’ knowledge, skills and guidance the divorce process turns into an opportunity to communicate and work together in new ways. Families generally come to divorce because they have been immersed in negative patterns that are not working. Spouses or partners don’t feel heard, respected, valued, appreciated, free to be themselves and/or balanced. One or both in the relationship have worked hard to try to turn it around, to do better, to make it work, but the established patterns are formidable. In the actual divorce process itself, there are brand new options. You have made the difficult decision to separate or dissolve the marriage so the pressure is off to “fix the relationship.” Now the focus is on accepting the end of the partnership or marriage and re-establishing and strengthening your separate selves. Your new job is to form a co-parenting relationship. This is very different from the partner or spousal relationship. We seek to have our own needs met within a spousal relationship which is the part of the relationship that is most likely to become broken. In a co-parenting relationship you are not expecting to have your own needs met, instead the goal is to meet the needs of your children. Doing what is best for your children is something that both of you want. The Collaborative Professionals guide you through the divorce process of deciding how to divide assets and debts and establish separate living arrangements and most importantly to develop a parenting plan. This is an opportunity, with assistance, to talk to each other differently and to rediscover and build upon the strengths you each have to work together for your children.
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As a Neutral Child Specialist, I often meet with parents who have not yet told their  children about their decision to get divorced or unmarried.  I encourage parents to create a We Statement that helps children understand what is going to happen without putting them in the middle of conflict between their parents. Many books and articles written about children and divorce stress the importance of telling kids the divorce is not their fault, and they are not to blame.  Here are three developmental reasons why I encourage parents not to use the words fault or blame in their We Statement. 1.  Young children still mastering language can easily become confused about negation.  These children may translate “it’s NOT your fault” to “it IS your fault.” Young children may believe this and internalize the idea without questioning it. 2.  School-age children are developmentally focused on understanding fairness, causality and the dynamic of good guys vs. bad guys.  If told they are not to blame, many children will wonder, “well then, who IS to blame?”  With this thought, children can find themselves unhappily stuck in the middle. 3.  Teenagers have even more knowledge and sophistication about relationship dynamics, and may feel compelled to learn and pass judgment on “the truth.” It is especially important to not introduce fault or blame in the discussion with teens. What then is the alternative to using the words “it’s not your fault” or “you’re not to blame”  if parents want to reassure their child that he or she had nothing to do with parents’ decision to get unmarried? I recommend an affirmation such as, “You are the most important person in the world to us.  We love you and cherish you, and will always be your mom and dad and take care of you.” These words communicate in a positive and supportive way what children need to hear from parents during this difficult discussion, and are an important part of an empathetic We Statement. Stay tuned for future posts about We Statements.