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156062412People commonly worry about telling their spouse they want a divorce. It is obviously a difficult conversation to have.  Some people are scared of the outcome or don’t want to hurt someone they care about. Other people just don’t know what words to use. People may also worry that their spouse will pressure them into making a different decision. People choose to address this situation in different ways. The way this message is communicated can greatly impact how the process goes and even what the resolutions may be. Here are some things to keep in mind when telling your partner you want a divorce. 1. Divorce readiness may take time. It is not uncommon for two spouses to be at different points in readiness for divorce. One spouse may want the divorce to happen right away and the other may wish it never happens. Be patient with your partner and know, that you can have a divorce in Minnesota no matter (no fault state), but sometimes patience with where your spouse is at may lead to better outcomes in the end. 2. Know there are process options. People often think they need to be ready to proceed with a litigated divorce as soon as they tell their spouse. That is not always the case. Know there are different ways to move through the process and one in particular, collaborative divorce, allows for flexibility on timing. You can pace the process in a way that works for both of you without a court intervening. 3. Discernment counseling can help. Sometimes, once a couple begins to talk about divorce, they start to question whether or not it is the best option. Discernment counseling is a specialty therapy that helps couples where one or both are considering a divorce, or are ambivalent about the future of their relationship. 4. Empathy is often the hardest part. Undoubtedly, when divorce is on the table, things haven’t been going well. There are often hard feelings between the spouses and that is not likely to change just with initiating divorce. However, the ability for one person to consider things from the other’s shoes can go a long way in healing. Try to demonstrate some sort of empathy when you have this talk – say things like “I know this is hard” or “I could understand if you feel surprised/angry/scared.” This may help lower the conflict and help initiate the divorce process in a respectful way.
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182954950 This may sound like a joke . . . but it’s not. What do UPS trucks and collaborative divorce have in common? Both use innovation and creativity to solve standard problems in unique ways.   Almost all turns (90%) made by UPS truck drivers are right turns. According to the Washington Post, UPS drivers intentionally make three right turns, instead of one left. The company has found that left turns are inefficient due to waiting in traffic and there is more likelihood of accidents when crossing lanes of traffic. The company has saved money and lives by making three right turns for every left. UPS has used a unique (but relatively easy) solution to provide better outcomes. Collaborative divorce does the same thing for families. People divorce every day. Couples going through divorce have a choice, just like UPS drivers, to head straight into traffic or take a different path. In divorce, “turning left” and heading into traffic is often less efficient and potentially the more harmful route. Couples, however, can choose to head down a more unique and creative path – collaborative divorce. Collaborative divorce is an “outside of the box” option. Collaborative divorce solves the same problem as any other process – a divorce ultimately is a divorce regardless of how one gets there. But collaborative divorce is a different path. By engaging in interest-based negotiations, keeping goals at the center of the process, locking the courthouse doors, and working with trained professionals, couples can come up with unique and creative options that work for them. UPS has found a way to make the greater community safer and run its company more efficiently. Couples going through divorce can similarly influence our greater community. Innovation and creativity can lead to better outcomes for families.  Some particular areas often addressed in a collaborative divorce, include:
  • Unique child support or expense sharing arrangements based on historical costs/expenses
  • Tax consequences of support options and property division
  • Creative financing options for a second home (or two new homes)
  • Parenting plan that addresses communication about the children, introduction of significant others, in addition to parenting schedules
  • Tracing of non-marital property (pre-marriage ownership, inheritances, gifts, etc.)
  • Maximizing property for both spouses
With a collaborative divorce, you and your family can work innovatively and creatively to reach resolutions tailored to meet your needs.
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With so much at stake in a divorce, it is tempting to think about how to “win”.  Yet, the grim irony of divorce is that “winning” often leads to poor results.   I know that seems like a contradiction, but most divorce lawyers who, like me, have spoken with “winning” clients after a divorce, know that it is true.  Almost every “winning” client I have known during the past 30 years of divorce practice has expressed severe disappointment with their “winning” outcome.   The real “cost” of a litigated divorce (or even a divorce that settles on the courthouse steps) is so great financially, emotionally and, particularly for children, psychologically, that there truly are no winners. Does that mean that, when facing divorce, you should simply “give up” and let your spouse have whatever he or she wants?  Of course not.  Because there is so much that matters, you need to get the best possible outcome for you and your family.  So, how can you achieve that, without trying to “win” in the traditional sense?  By finding a smarter way to get your spouse “to yes”. Getting To Yes is the whole essence of divorce.  More than 95% of all divorces end in an agreement (and not a trial), so your divorce is likely to end in an agreement of some kind.  Therefore, the entire divorce process is one of seeking ways to get your spouse to say “yes” to the things that really matter. So, how do you get your spouse to eventually “say yes” to the things that are important to you?   It is tempting to think that you will get your spouse to “say yes” by hiring an aggressive lawyer to make bold arguments in your favor.  Tempting, maybe, but does that really work?  Is your spouse the kind of person who will respond to arguments by giving in?  Probably not.  On the other hand, if you are like the rest of the world, you will need to be much more strategic. The chances are quite good that the best way to get your spouse to say yes is to help them see that saying yes meets their interests.   This notion of ”interest based bargaining” is a way to truly “win” without having to make anyone lose.   This method of truly “winning” without creating losers is rapidly growing in popularity and is commonly used by Collaborative Divorce lawyers.  To find a Collaborative Divorce Lawyer in Minnesota who can explain this to you go to www.collabortivelaw.org.
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78364212 Many years ago when I had recently moved and was looking for a new dentist, I simply looked through the phone book and found a dentist that was located nearby and set up an appointment. Later, when I arrived at the dentist’s office for my appointment, the receptionist asked how I had heard of them and I responded, “I just found you in the phone book”. She said “Oh, that’s too bad. That’s a risky way to find a good dentist.” I often remember that memory when potential clients come to my office in Northfield, Minnesota to have a free initial consultation. I think, “Did they just find me in the phone book?” I ask potential clients how they have heard of me and they often respond that they were referred by their therapist or their attorney (who may not practice Family Law or Mediation). Sometimes they say that they found me in the phone book or through my website or they simply say they found me “online”. I think to myself, “That’s too bad. That’s a risky way to find a good attorney or mediator.” I don’t actually say that to them, but that’s what I’m thinking. If I were in their shoes and was looking for an attorney, I would ask a therapist or other local attorneys for their recommendations. Often these professionals have personal relationships with various attorneys in the community and even if they don’t have a specific recommendation they would know who would be able to point you in the right direction. When looking for an attorney, be aware that legal “ranking” of attorneys is a dark art. When I get emails or letters asking me to “rank” other attorneys, I simply delete the email or recycle the letter. I don’t trust these ranking systems and neither should you. I would look for professionals who focus their practice in Family Law. Like any other profession, people get really good at what they do often. So, I figure it’s more likely that an attorney who does a lot of Family Law will be more likely to be effective and efficient in that area of law. I would look for someone who has training, and who keeps up their continuing education requirements, in mediation. I say this because mediation training helps people see all sides of a disagreement and helps give professionals the tools to effectively diffuse conflict and work towards constructive solutions. You want effective conflict resolution to be a focus of every professional in your case. Beware of attorneys that tell you that you “deserve” a certain outcome or that assures you that a court would view your case a certain way. I’ve been to court many times where the spouses attorney has promised their client that the judge would rule a certain way, only to have the judge decide the case in a totally different way. Then I wonder what those attorneys tell their clients afterward about why their guarantees were wrong in the end. I specifically tell clients that there are no guarantees when it comes to court. I do this because I’m in court for over 200 court hearings a year and, because of that extensive court experience, I know that I can’t fully predict what the judge will do. So, never trust an attorney who tells you that a certain judge always rules a certain way or assures you that a court will view your case a certain way. A good place to start looking for a Collaborative Professional is on the Collaborative Law Institute of Minnesota website. There you can search by geographic area and by profession. If your primary concern is about mental health or how to approach your partner about using the Collaborative process, you may want to search for and speak with a “Coach”. A Coach is a mental health professional who has training in the divorce process and mediation and can help you understand your options. If your primary concern is financial, you may want to search for an speak with a “Financial Professional”. They can help you understand how financial issues can be understood and resolved. If your primary concern is your children, you may want to search for a “Child Specialist”. They are trained mental health professionals who have special experience working with kids and families and they can help you understand how to speak with your children about what is happening and how you and your partner can be there for your children during this difficult time. If you are concerned about any or all of these issues you can always speak with an attorney about the legal issues involved and they can help you understand how these other professionals can help you.
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10162055 For Minnesota families, summer feels different than other times of the year in more ways than just the warmer weather.   Because most kids don’t attend school year round, the summer months can present unique scheduling challenges.  This is  especially true for families headed by two wage earners, and even more so when parents have gotten unmarried.  For a school-age child, the summer routine often includes a mix of camps, classes and lessons, latchkey programs, vacations and sporting activities, with many logistical issues to be resolved.  This is “times 3” if there are three kids in the family!  The start and end times of kids’ activities vary week to week, and tend to not conveniently coincide with the work hours of the parent on duty. That’s a lot of moving parts for families in which parents are getting unmarried.   Managing complicated logistics is especially stressful if kids move from Mom Island to Dad Island without a safe and reliable bridge between the two. This is one reason why Collaborative Team Practice is designed to help parents establish the best possible co-parenting relationship after a divorce or break up.  This always makes it easier on kids, but it can also be a huge benefit for time-challenged parents, and for the support network of extended family, baby sitters and carpool parents who can be resources for kids without having to be in the middle. Here’s the rub: establishing an effective co-parenting relationship isn’t easy.  An effective co-parenting relationship relies on clear communication, cooperation, reasonable flexibility and courtesy, and these elements can be in short supply during the painful end of a marriage or partnership.  The Collaborative guidance and support of a neutral child specialist to create a Parenting Plan and a neutral coach to create a Relationship Plan are important resources toward the goal of effective co-parenting.  We know this hard work can be invaluable for your family in the future.  You and your kids deserve to enjoy all the summers to come.
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Minneapolis, MN
Minneapolis, MN
I just read a Forbes magazine article about the four methods of divorce: Do it yourself Divorce; Mediation; Collaborative Divorce and Litigated Divorce and it reminded of how lucky we are to live in Minnesota. Collaborative Divorce started in Minnesota in 1990 and is now recognized throughout the world as one of the four options. Collaborative Divorce is now being practiced in 24 different countries, on four continents and may be the world’s fastest growing alternative. Last week, I spoke to two divorce attorneys from Capetown, South Africa who will be coming to Minnesota for the entire month of May to study this new, groundbreaking method. Collaborative divorce is growing so rapidly for a reason; it works.  During my 30 years of practicing family law, I have handled thousands of divorces using every method available.  Today, I spend most of my time doing Collaborative cases because it gives my clients better results for less money; particularly when there are children involved. While I applaud the Forbes article for helping raise awareness about Collaborative Divorce, I do need to suggest one correction. The author suggests that Collaborative may not work as well when there are complicated financial situations or significant assets.  In fact, that is actually where Collaborative Divorce works best. I have handled many multi-million dollar Collaborative cases and those clients have generally obtained the best outcomes. Because Collaborative Divorce has a rule of full transparency and invites creative structuring of settlement, people with large amount of assets generally get even better outcomes. The rules of disclosure in a Collaborative case are more thorough than in other types of cases. The author of the article is correct in saying that Collaborative Divorce is not right for every case and that each person facing divorce should investigate each option before they choose. I completely agree with that advice and I would add one other critical element. In weighing each option, make sure that you speak with professionals who have substantial experience in each area. Getting information about Collaborative Divorce, or any divorce, from someone without training and experience in this area, can be reckless. To find an experience Collaborative attorney in your community who will fully explain Collaborative Divorce to you; go to www.collaborativelaw.org.
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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
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  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.
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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.

   

 
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Recent articles in the New York Times and the StarTribune (March 29, 2014) covered Gwyneth Paltrow’s announcement that she and her husband of 11 years, Chris Martin, were consciously uncoupling.  In other words, getting a divorce.  I was struck by how the term “conscious uncoupling”—coined by LA therapist and author, Katherine Woodward Thomas—neatly describes what happens in the out-of-court divorce process called Collaborative Law aka Collaborative Practice.  Collaborative Practice uses a collaborative approach to respectfully honor the marriage that is ending and intentionally plan for the best possible future for all family members.   What is accomplished by many couples in Collaborative Practice is what the term “conscious uncoupling” implies:  mutual respect, integrity, being mindful of the well-being of children, planning for the future by problem-solving in the present, being empowered to make informed decisions, and creating a climate for healing. A new era is upon us, one where ending a relationship does not have to be adversarial, judgmental, or harmful.  If it takes a celebrity to lead us into this new era, I am all for it.  Gwyneth, you go girl!