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174895184-conflict-gettyimagesA strategy used by some divorcing spouses and their attorneys is to threaten that they will take the other spouse to court. Threatening court is a negotiation strategy in an effort to get the other side to give up or significantly compromise their position(s). When attorneys use this tactic, they often will prepare for a trial. The trial preparation ends up being extremely expensive and emotionally exhausting for the involved spouses. Often a hatred for the other spouse develops because of trials and/or the threatened use of court. The reality is a small fraction of divorces end up in trial. The overwhelming reason those cases do end up in trial is because spouses and their attorneys refuse to negotiate. Sometimes a spouse will tell their attorney to go for the throat or they say I want to make him/her pay. It is the divorcing spouses and unfortunately their children, if any, that end up paying the price financially and emotionally. Seeking revenge does not have a place in any divorce process and accompanied by an unwillingness to negotiate in good faith sets up a strategy to fail. Collaborative divorce on the other hand takes the threatened use of court totally out of the picture. Both spouses are represented by their own collaboratively trained attorney. Spouses and attorneys alike commit in writing not to go to court. Conceptually this enhances the likelihood of reaching agreements by placing the spouses and their attorneys on the same side of the table in an effort to settle on all issues. Let me ask you which process do you think provides both spouses with a potentially better outcome? Which process do you think you will have the most control over the outcome?   Which process will give your children, if any, a better opportunity for future success by creating an effective co-parenting plan? Finally, which process will seek to minimize the stress both emotionally and financially for you and your spouse? Download this free divorce knowledge kit showing a comparison chart between collaborative divorce and a court-based litigation process, case studies, and general information how a collaborative divorce may benefit you. Additional divorce resources can be found under the about us section at www.integrashieldfinancial.com. Remember to choose your process wisely.
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It does not matter in the life of a child how much money you have in your bank account or really how fancy of a home you may live in. What matters most to that child is the quality time that two loving and caring parents can give that child. I will also say being the father of three adult children this does not change with age at least not with my kids. Ten or twenty years from your divorce the one thing you and your children will remember is how you and your spouse went through this most difficult time in your life. Ask yourself how you would like to have your children remember it. Did they feel trapped in the middle like many children of divorce or did you and your spouse work together to keep them front and center. Your kids will remember and so will you. As a financial neutral and mediator, I use agendas to start meetings to give us a track to run on. Part of that agenda includes a section titled, “Let’s Have a Conversation People Before Numbers”.   I explain that as people they are far more important than any numbers on a balance sheet or cash flow statement. Sometimes it is too easy to get so caught up in the numbers of divorce negotiations the couple forgets that they are living breathing human beings with needs, interests, feelings and emotions. Sure, the financial issues are important but I believe in putting people ahead of numbers. Want to have successful divorce negotiations put yourself in the shoes of your spouse, which may be easier said than done. If you can do this, if you can put your spouse before the numbers, the numbers tend to work themselves out. Do this and not only you and your spouse will remember how you handled this most difficult time in your life, your children will too.
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collaborative divorce optionsDivorce is a challenging life experience for children, and parents worry what the impact will be on their children’s lives.  Based on my work with families of divorce, I have three specific suggestions for how parents can empathetically support their children during this difficult and often painful transition: 1.  Never put your children in the middle of parental conflict. This cannot be overstated:  exposure to parental conflict is toxic for children.  Heated arguments around children, even if parents believe their children can’t overhear, negatively charge the environment in the home, and kids will feel it.  Critical or disrespectful words  about a parent said by the other parent in the hearing range of their children make kids confused, sad and often angry.   I have heard many stories from tearful  children about trying to get parents to stop arguing and belittling each other.  You would never feed your children poisonous food;  do not make them absorb poisonous words. 2.  Remember that children deserve the best safe parenting they can get from both parents.  Be civil, treat each other with courtesy and remind your children that both parents love them.  Despite your hurt, anger or betrayal as a spouse, remember that your child’s relationship with and feelings about your soon-to-be-ex are separate from yours.  Resist the urge to try to get your child on your side, or to alienate your child from the other parent.  Of course real safety concerns must be addressed and may result in protective measures like supervised parental access.  But it is not fair to try to negatively manipulate your child’s feelings about the other parent just because you are angry. 3.  Listen to your children and stay attuned to their needs. The emotional and time demands of a divorce can understandably absorb parents’ time and attention at the exact time their children may need extra reassurance. Because regular routines are usually reassuring to children, try to designate time to spend with your children doing normal family activities.  Let them know whatever feelings they have about the divorce are okay, and you will always love and support them.  Check in with them to see how they’re doing, but read their cues if they tell you you’re asking too often.
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71926831-woman-at-desk-looking-at-photograph-gettyimagesOn lists of life stressors, divorce is usually ranked among the top two or three most emotionally challenging events. The process itself is experienced as highly stressful by many people, and from what we know about recovery from profound loss, it takes at least a year to begin to regain equilibrium. In other words, the stress caused by a divorce does not usually just go away when the decree is signed. Especially in situations in which there has been a high level of tension and acrimony during the divorce process, it can be very difficult to shift from conflict mode to co-parenting mode if there are children in the family.

New sources of stress can arise post-decree, e.g. introducing children to new significant others, a parent’s decision to move, loss of a job, children struggling to adapt to the new normal. It is normal for these kinds of change to create uncertainty and distress.

When contemplating a divorce, many people turn to divorce professionals for ideas, advocacy and support. This can lessen feelings of isolation and uncertainty during a time of crisis. However, after the decree has been submitted to the court, people may feel they are on their own to pick themselves up and commence with the rest of their lives.

It has been my experience that specific post-decree support provided by neutral coaches and neutral child specialists can be an invaluable resource for families defining their new normal after a divorce. In the context of voluntary post decree alternative dispute resolution,  resources can be shared, support given, and skills developed for effective co-parenting. Parenting and relationship plans can be created (if not completed during the divorce itself) or revised by joint agreement. In the context of voluntary alternative dispute resolution, children can be safely included in this process, e.g. to check in about their adjustment to new schedules and routines. It has been suggested that follow up care like this should be offered to all divorcing couples, though not all may need it.

This is not a replacement for psychotherapy. Individual  therapy can enhance personal growth, provide support and help adults and children heal emotionally. Couples therapy specific to the end of marriage can help resolve lingering emotional issues and conflict.  Family therapy may be valuable, especially if relationship repair between parents and children is needed. It is also not a replacement for support groups or resources like Daisy Camp. However, post-decree consultation with neutral experts who specialize in helping family members make the healthiest possible adjustment to a divorce can be a focused and powerful kind of support during a challenging time of transition.

 

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507851475-unhappy-three-year-old-girl-in-bedroom-gettyimagesToday I met with two very attuned and caring parents who have, after many efforts at repair,  made the decision to end their marriage. Topmost on their list of concerns was the impact their divorce might have on their children, specifically that the decision to divorce might result in their children losing hope for the future. I have so much empathy for parents burdened with worry about the painful crisis their divorce might create for their children. It is important to keep in perspective that it is entirely possible to keep the emotional crisis of divorce from ever becoming a trauma for children. Crises are difficult turning points, but inherent in a crisis is the potential for healing. Traumas inflict deep wounds and can derail healthy development in children. In addition, the effects of trauma will reverberate across generations unless repaired. Two negative potential consequences of divorce can be especially traumatic for children, especially those who have secure attachments to both parents:  1.  that the conflict between their parents never resolves, and children are perpetually kept in the middle of that conflict; and 2.  that a parent’s contact with their children is so limited after the divorce that the children feel abandoned (or as one child sadly told me, “I didn’t know I would be divorced too”). How parents choose to divorce is key.  Any process that supports parents’ ability to maintain loving focus on the needs of their children is valuable for many reasons.  For the parents themselves, it helps to set the stage for the transition to effective co-parenting.  Respectful co-parenting creates the environment in which children can be resilient and thrive. A child-centered divorce process can also have immediate benefits for children in the following ways:  children will likely be more calm and centered when there is a tone of respect rather than acrimony between their parents during the divorce;  it benefits children when they can experience predictability and lack of drama during an already uncertain time; children are kept out of the dangerous middle of adult-level discussions and conflict;  children feel safer and are soothed when parents begin to co-parent effectively. Collaborative Practice is one way to create a child-centered divorce process.  For more information, please visit the Collaborative Law Institute of Minnesota website.        
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150973506-torn-childs-drawing-depicting-family-gettyimagesIn”The Importance of Attachment: Part I“, I outlined the key developmental value of a secure attachment relationship between a child and a parent.   Secure attachment is the foundation of resilience.  Adverse life events, like a divorce, can be mastered by resilient children, especially if their secure attachments are not threatened by the divorce.  As a Neutral Child Specialist, my goal is to make sure that the crisis of a divorce does not become a trauma for a child. I recently attended a workshop on the Adult Attachment Interview (AAI), a series of questions that allows researchers to understand how well an adult has integrated his or her own life experiences, both positive and adverse.  Adults who have managed to integrate their experiences into a coherent narrative are considered securely attached.  Unfortunately, according to a number of research studies, only about half of all adults have secure attachments as measured by the AAI.  The remainder have not been able to integrate adverse experiences, and remain either highly anxious or disconnected from them.  Some insecurely attached adults who were traumatized as children live in constant emotional chaos.  Researchers speculate that the quality of adult attachment is related to how capable a person is to form an emotionally safe, committed and loving relationship with another adult. Numerous longitudinal research studies have discovered another impact of adult attachment. There is a very high level of correlation between how an adult responds on the AAI and the subsequent quality of attachment that adult is able to create with his or her own child.  Compellingly, the life story a person tells on the AAI is a stronger predictor of quality of attachment with his or her child than actual observed parental behavior.  In other words, the impact of emotional distress and trauma in childhood will reverberate across generations unless a parent gets the necessary support and healing to integrate his or her life into a coherent narrative.  It is possible for adults to shift from insecurely attached to securely attached, but it requires the healing that comes from therapeutic relationships. Obviously the best way to ensure secure attachments for generations of children is to prevent trauma in their lives.  Of all the reasons to select a divorce process that supports respectful and healthy resolutions and builds the foundation for effective co-parenting, it is the legacy of secure attachment that will be left for your children and future generations.  Collaborative Practice is one such process.  
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152258425-family-gettyimagesAttachment is the term used to describe the emotional relationship between two people.  The earliest and most significant attachment develops between an infant and his or her primary caregivers.  This attachment is based on how consistently, accurately and soothingly the adult reads and responds to the cues of the baby Most infants form a secure attachment with their parents based on consistent and  responsive care.  The quality of the infant attachment relationship has lifelong implications for how a child develops into an adult.  The human abilities to manage anxiety, show empathy, regulate anger, trust others and feel hope for the future all have their roots in this first attachment relationship. If a parent is unable to provide emotionally consistent care or is emotionally rejecting, the infant’s attachment relationship becomes insecure.   If the care-giving is emotionally chaotic, the attachment becomes disorganized.  Disorganized attachment has profound negative impacts on future development.  Disorganized attachment history often has its roots in parental trauma.  One life event that researchers link to parental trauma is their own childhood experience of a divorce with the elements of high conflict and/or abandonment by a parent. I often tell parents with whom I work that divorce is a life crisis that does not need to become a trauma for a child.  A respectful, healthy divorce process that is child-centered or child-inclusive can help a securely attached child continue to feel safe.  With effective co-parenting, these children can maintain secure attachments with both parents and continue to thrive after a divorce.  This becomes the root source of children’s resilience. My next blog will focus on what we know about Adult Attachment and its implications for future generations.  In the meantime, please learn more about the Collaborative child-centered and child-inclusive divorce process on the website for the Collaborative Law Institute of Minnesota.
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Divorce brings up many feelings, including feeling helpless. Sometimes you feel like your life is spinning out of your own control and you are left helpless. There is a quote by Aung San Suu Kyi that reads, “When you feel helpless, help someone.” So what does that mean? We have all experienced times in our life where we feel like the world is against and nothing is going right, divorce being one of them. The easiest way to get out of feeling this way: if you are feeling helpless, help someone. It helps us realize that we are all in this together, and we all have real life problems. In fact, it often helps us realize our problems are not nearly as big as someone else’s are. This is not to say that your problems are not important, but we are all fighting our own battles and you never know what the next person is battling. Not sure where to start? Strapped for time and/or cash? Whether it’s finding a cause that you are passionate about and seeing where you can best share your time and talents, or simply random acts of kindness, no gesture is too small. See if there is a committee at church where you can lend a helping hand, register for a 5K which supports a cause that you care about, ask an elderly neighbor what they could use a hand with over the weekend, etc. If you have children, of any age, but especially teenagers (good grief!), chances are they too are feeling like their lives are suddenly beyond their control, as they likely are. Help them find something they can control, because when you feel helpless, helping someone else is very empowering. Check into age appropriate volunteer opportunities at a local shelter to serve meals to the homeless, packing meals for children overseas, collecting coats and blankets and dropping them off for the homeless; the opportunities to help people are endless. Teaching your child that giving back to others will not only empower them in an otherwise helpless situation, but also helping others becomes a life lesson they will remember for years to come. As Ghandi stated, “Be the change you want to see in the world.” Start with yourself and then with your children.
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170652636-couple-meeting-with-financial-advisor-gettyimagesI’m not always a very wise shopper.  I tend to fall into the trap of thinking something is a good deal if I save money.  And at least in the short term, my cheaper purchase may do just fine. But inevitably, cheap purchases lack staying power and don’t hold up well.  I was reminded of this recently when looking in dismay at the boots I bought on sale at a discount shoe store.  After one season of wear, the leather has frayed on the toes of both boots, and they won’t be wearable next season. In contrast, the Frye boots I splurged on when I was accepted into graduate school decades ago still look great.  I knew at the time that these boots were an investment meant to last. When some potential clients hear about Collaborative Team Practice, their first response is,  “That sounds too expensive.  I don’t want to spend much money on a divorce.”   Because most people have to budget money with some care, it can easily feel like professional fees are not where limited resources should go.   But be aware of the trap of thinking something is a good deal if it saves money. A quality divorce process is an investment in the future, especially when children are involved.  Collaborative professionals are experts in conflict resolution and creative problem solving, and can respectfully support families through the crisis of divorce to sustainable resolutions.  Collaborative professionals are deeply knowledgeable in their areas of expertise—family law, financial resolutions, children’s needs in divorce, parenting plans and co-parenting skills.  Simply put, the right Collaborative professional will help you understand what you may well not know about how to make the best possible decisions on behalf of yourself and your family. The least expensive divorce options may seem adequate at the time, but the results are often not sustainable.  This may mean heading back into a post-decree legal process that  is guaranteed to be costly.  Collaborative Team Practice is not the best fit for all divorces, but when it is, it is clearly an investment in quality outcomes with staying power for the future.  For more information, check out the Collaborative Law Institute website.
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185123062-stone-heart-gettyimagesAs a collaborative law professional, I work with divorcing couples on out-of-court resolutions that meet big picture goals and interests. It is challenging work that I have dedicated my career to and I strive daily to provide the highest level of service. As a general practice, I check in with my clients a year or so after the divorce to see how things are going. I genuinely care about my clients and enjoy learning where they are at after a divorce and what accomplishments and challenges they have faced after the transition. While many traditional, court-based divorce attorneys hear from their clients often with post-decree disputes or modifications, I believe if I have done my job most effectively, clients will be prepared to handle most everything that comes up after a divorce on their own. More often than not, the only way I know how my clients are navigating a post-divorce world, is to reach out and ask them. I recently heard from two former clients. First, I heard from a spouse who had one of the more challenging financial situations I have dealt with. There was significant debt and substantial expenses (as there often are) and they had shared some unique financial goals regarding their investments and retirements moving forward. They also agreed to share future income in a manner that was unique in the eyes of the law, yet suited their big picture goals. The parents agreed on many parenting issues, but both had personal experiences with bad divorces in their own childhoods, so they were apprehensive and untrusting of the other. They also intended to move out-of-state for the main wage-earner’s work once the children finished the school-year, although there was concern on follow through with this agreement. I heard from this client that the move happened without a hitch and they have peacefully transitioned into two homes in a new community. The children are thriving with the help of good communication and some family counseling. I heard from my client that “things are better than I expected” and that my client truly believes they are both doing really well. Most importantly, my client was excited to share the accomplishments of the children, yet sharing truthfully some of the difficulties they have had with the transition. This client expressed gratitude for a collaborative divorce process that allowed them to acknowledge the positives in their relationship and preserve what works, while restructuring things for a better future. My other client had recently navigated his Wife getting remarried. He provided spousal maintenance to his ex-Wife and the decree had contemplated the financial circumstances changing upon remarriage if either spouse requested such a review. My client informed me that despite the decree allowing for a review, he had decided not to do so because he wanted to continue to support his ex-Wife in a financially stable situation for the benefit of his children. Even though he could have likely lessened his obligation, he felt most comfortable with maintaining the status quo and continuing support. Like my other client, he thanked me for providing a process that allowed him the flexibility to decide what feels right but also preserved the respect and caring he shares for his ex-Wife. Indeed, that respect has benefited her greatly as well through the support. In my years of experience and check-ins with clients, I am continuously impressed by the level of gratitude clients express for the collaborative process. It is a process that creates unique outcomes tailored to each family’s needs and, I believe, results in longer lasting agreements and stronger post-divorce relationships.