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!
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.
- encourage both of you to remember your goal: the best divorce the two of you are capable of achieving
- educate and remind you about the divorce grief and recovery process so that you can choose to operate from your hopes rather than your fears
- help you focus on the future rather than the past, and on your deepest personal values and goals for the future rather than what the local judge is permitted to order
- make it possible for your financial advice to come from a financial expert, and your parenting advice to come from a child specialist, so that your lawyer is freed to do what lawyers do best: help you reach well-considered resolution
- keep you and your spouse focused on how your children are really doing, and how the two of you can help them move through the divorce with the least possible pain and “collateral damage”
- teach both of you new understanding and skills that will help you be more effective co-parents after the divorce than you may be capable of right now as your marriage ends
- make sure you and your spouse have all the information you’ll need to make wise decisions—not just information about the law, but also about finance, child development, grief and recovery, family systems, negotiating techniques, and anything else that will help you devise creative lasting solutions
- emphasize consensus and real resolution, not horse-trading and quick fixes
- help you maintain maximum privacy, creativity, and self-determination in your divorce.
We believe in the transformative power of love, love that protects us in our vulnerability while also impelling us to tend to the needs of others. We believe that forgiveness can also be transformative, a process that further extends the healing power of love. We accept that these forces have power: power to heal, and power to transform even the most difficult, troubled situation into something that is generative, affirming, and life-giving. In a world that seems dominated by aggression and separation, we are part of a broad and deep yearning for something different.I recently submitted my application to be a part of the host committee and to help brainstorm after the symposium is all done as part of the implementation committee to figure out ways to incorporate love and forgiveness into Collaborative Practice on a local and practical level. To learn how love and forgiveness can play a part in your family, contact Arnold Law and Mediation or locate another Collaborative Professional.
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.
In a recent collaborative divorce case, we learned from the clients that a tax liability of about $60,000 would be owed if they did not get their divorce by the end of the year. It was only a few days before Christmas and past the informal deadline set by the court for submitting final documents for a 2013 divorce. Adding to the challenge, my client had just changed her mind about a key provision in the financial settlement.
I had already prepared and circulated a draft of the agreement which had been reviewed by our clients and an expert who had helped them with planning and financial issues concerning their special needs child. Now it all seemed to be unraveling and I fought against the urge to find someone to blame and prove it wasn’t me (I bet these thoughts crossed the minds of the clients and others on the team). Instead, we got to work on the problems as a team.
The attorneys met with the expert concerning the special needs child and reviewed her suggested changes, made phone calls to our clients for approval, and drafted the new changes into the agreement. The child specialist who had worked with the clients during the collaborative process reviewed the suggested changes and made adjustments in the parenting plan which would be part of the final legal document.
We also had some preliminary conversations with our clients about the proposed change my client wanted in the financial settlement and shared our clients’ views. The proposed change concerned the timing of the sale of real estate and the neutral financial expert who had worked with us during the collaborative process had been contacted about this issue. We checked calendars with the clients and the financial neutral and scheduled a meeting–unfortunately, the husband’s attorney was not available at the only time which worked for the rest of the team and the clients. We agreed to meet and the attorney for the husband would be available during the meeting by phone and email.
We also needed to get a judge assigned to our case. The Joint Petition, which had been prepared in the beginning of the collaborative process, was filed with the court, which got us an assigned judge. The attorneys discussed strategy and we agreed that the husband’s attorney would take the lead in the calls requesting an expedited court process. There were a number of complications, including the fact that the judge was leaving on vacation that day. I listened in on the calls and was happy to hear that the judge’s clerk, after consulting with the judge, agreed to email the agreement to the judge once it was filed and the judge agreed to review it while on vacation.
We still needed a final agreement on the financial settlement. At the meeting the next day, the financial neutral took the lead and discussed the consequences of the proposed change, which would also affect the funding for education for their children. Options were considered and discussed. I was present at the meeting but had agreed on a ground rule with the other attorney that I would refer to her all questions of substance from her client. As we developed the terms of the final agreement, the substance was shared with that attorney in phone calls and emails. I prepared the final draft of the agreement with the new terms, the clients and attorneys (one by email) signed, and it was filed with the court that day after an all morning meeting. The judge signed the final document and the clients were divorced in 2013.
The key reasons for our success in working through the challenges:
1) The clients and professionals focused on solving the problems rather than assigning blame for the problems.
2) Clients and professionals relied on the strengths and expertise of different members of the team.
3) Trust among professionals allowed for flexibility and candor in the process.
4) Clients kept uppermost in mind the big picture goals for the family as a whole.
Most divorce attorneys charge between $200 and $350 per hour. That fact could become a real obstacle in your divorce (and can even drive you a little crazy), unless you find ways to deal with it effectively. Here are some tips that I think will help you come to grips with this difficult reality.
Take a Macro Look at the Hourly Fees.
Charging by the hour creates an enormous misconception about how a lawyer’s time is used. For example, if an attorney charges $285 per hour, it creates the impression that each hour they spend on behalf of clients is worth $285. Nothing could be further from the truth. When I look back on my cases, even the cases where I think my clients achieved a priceless outcome, I realize that many of the hours I spent on the case were not worth anything near that amount.
Much of the time on the case is spent reviewing documents, listening to the client’s story about what has happened, describing the process to the client, going over ground rules, etc. Very likely, my client could find people to do some of those things for $15.00 per hour. Those tasks, by themselves, have little value.
On the other hand, when I look back on my most successful clients, the ones where clients made great decisions during their divorce, I realize that some of the moments that I spent with clients created a great deal of value for them.
A tangible example might be a time when I, often in conjunction with the other team members on the case, came up with a creative financial solution that saved the clients thousands of dollars in future taxes or transaction costs. The work spent on developing that option may have been less than an hour or two but may have led to savings that were worth more than ten times my hourly rate.
More significantly (and this is the most abstract part of our business), there are moments when the assistance of an attorney may be nearly priceless. When a client is struggling with the emotions of the divorce in a way that is causing them to mistreat their spouse and inadvertently harm their children, this may be when they need the most help from their “advocate.”
A good divorce attorney can sometimes help them rethink what they are doing; sometimes in subtle ways, like truly listening to a client, helping them see the impact of their behavior, urging them to get the help they need to address emotional barriers, or simply making sure they understand their options. The impact of that work may not be obvious at the time, or even for many years. Yet, when they look back, the clients come to realize that certain decisions that they made, hopefully with skilled guidance from their attorney, helped them achieve a priceless outcome for their family. 