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172218935Because of our great medical facilities, people often say that Minnesota might be the best place in the world to get sick. What is less known is that Minnesota is rapidly becoming known as the best place for an ailing marriage too.  Indeed, just as people travel all over the world to come to the Mayo Clinic to heal their bodies, people from around the world occasionally travel to Minnesota to observe the ways that we heal conflict. Last month, two family law attorneys from Cape Town, South Africa, spent most of the month of May at the Collaborative Alliance in Edina,  observing many of our Collaborative divorce professionals so that they can improve the way family conflict is handled in their country.  Two weeks earlier, a family law attorney from Rio de Janeiro, Brazil, visited the Collaborative Alliance space and asked if she could also send an observer from her country in the upcoming months. Indeed, we have hosted family law professionals from five different countries and nearly every state during the past six years. I realize that, if you have a healthy marriage, finding that Minnesota is a great place for a divorce may not be reason to jump up for joy.   No one wants to be in the position to need a divorce lawyer anymore than anyone wants to need a good oncologist.  But, if you are facing serious problems, it’s nice to know you can reach out and find some of the very best in the world. So, why is Minnesota an international leader in handling conflict?  Is it because of our superior laws, our better courts, better law schools are lawyers?   Well, in fact, while all of those things are very good in our state, the thing that is causing people to travel to Minnesota from afar is our innovation.  Divorce causes great pain around the world and nearly everyone is desperate to find a better way.  Minnesota is, among other things, the birthplace of Collaborative Law, a method of handling divorce that has spared tens of thousands of families.  To learn more about Collaborative Practice, go to www.collaborativelaw.org. As someone who has handled hundreds of Collaborative divorce (as well as hundreds of traditional divorces), I am not surprised that people from around the United States would want to learn about this better method.  However, I admit that I was a bit surprised to learn that about the great interest all around the world. I have had the opportunity to conduct workshops and trainings on Collaborative law throughout the world and I have observed great differences in their laws and in their cultural norms. What has surprised me is that, when it comes to basic issues, protecting children, reducing conflict, reducing costs we are all facing the same issue.  Collaborative Divorce is more effective, not because of something unique to Minnesotan or Americans, but because if makes divorce more human.  And that is a language that is understood all around the world.
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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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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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As a Collaborative Attorney, this sort of thing makes me proud to be a Member of the Collaborative Law Institute of Minnesota (CLI). I’m really excited to share that this May, CLI is hosting a four-day, international symposium to explore love and forgiveness in Collaborative Practice. The event is titled “Divorce: What’s Love Got to do With it?” This event, to my knowledge, isn’t for people experiencing divorce. It’s for professionals who help people that are going through a divorce. Now, why you may ask is this important? Well, I think it’s really cool that a group of dedicated professionals is really thinking about how to make things better for divorcing families and families experiencing other life-events that we include under the label Family Law. A grant from The Fetzer Institute is making it possible. You’ll want to check out their website; it’s really cool. Here is a sample of their take on love and forgiveness in the world:
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.
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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.

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Pre-K Graduation CeremonyDivorce 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.
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Collaborative Attorney Carl Arnold had the opportunity to speak with experienced Neutral Child Specialist Deborah Clemmensen. Carl Arnold asked Deborah Clemmensen about her role as a Neutral Child Specialist and the conversation was recorded. The audio and the the transcript of the interview are available below. Interview with Deborah Clemmensen about the role of a Neutral Child Specialist. Begin transcript: My name is Carl Arnold, with Arnold Law and Mediation. I’m a Minnesota family law attorney and mediator and I’m here with Deborah Clemmensen. She’s a licensed psychologist and neutral child specialist. Carl: Hi Deborah. Deborah: Hi Carl. Carl: So, we’re here to talk with Deborah today about being a neutral child specialist and her services in that regard. Why don’t you tell us a little bit about your background in working with kids. Deborah:  I’m happy to. I’ve been a licensed psychologist since the late ’70’s and I’ve worked in schools and community mental health centers…and for the last 11 years, I’ve provided neutral child specialist services to help families have a child-inclusive, respectful process to developing parenting plans when they’re going through a divorce or breakup. It’s a very satisfying type of work. Carl: Well, let’s get right to it and say what is a neutral child specialist? How do you define that and what do you do? Deborah: Good question and I’ll tell you how I explain it to new clients and sometimes to the kids that I work with. Neutral means that I never appear in court, that I have the capacity to work with people in problem solving and interest based negotiation without having to be in court or testifying or doing any of the things that are involved with the court process. Child specialist means that I have a chance to work with everyone in the family and find out the point of view of all the folks who, not elders and pets, of course, but all the points of view of children and parents to understand what would be the most developmentally appropriate resolution for parents moving forward after their divorce or breakup. Carl: What is the benefit of this service compared to other ways that a family may go through a divorce or separation process? Deborah: Well, I am just a part of the divorce. I’m the parenting plan part of a divorce, so I can help people to create a road map for how they’re going to move forward as co-parents without having to be in any sort of adversarial process. I think the neutrality is a big help. We can get right down to business and problem solve and think about the developmental needs of children in the family. I think having it be child-inclusive means that kids get some support during a very difficult time. Divorce or breakup is a crisis for a family and to be able to provide kids with an opportunity to share their point of view, someone who’s listening, and to know that that’s going to be part of problem solving that their parents will do. Their parents will hear what I’ve learned from the kids. I think it helps kids to feel a little bit safer moving forward so that strategic support is very important. And I think that having a neutral look at what are the ages and stages of the kids and what do they have to say about how this could work best for them moving forward is invaluable. I have learned a ton from the kids that I’m working with. Carl:  What would be a typical step-by-step part of the process? How does it start? When does it start? What’s the first step and so on? Deborah:  Good question. I believe that having a child specialist on board from the very beginning can be helpful because we anchor the work in the developmental needs of the kids and what’s best for the family system. I like to work with parents from the very beginning. Many parents come to me with the question of how do I talk to my children, how to we talk to our children about what’s going to be happening to our family. I love to help parents create developmentally appropriate “we” statements that they can share with the kids to start that journey. My process begins with a joint meeting with parents and it’s focused on their kids, getting developmental histories, understanding what the parents’ concerns are moving forward and from that point, it sort of branches off based on the ages and stages of the kids. If the kids are in preschool, we might have a joint family playroom meeting just so I get to know the kids, experience them firsthand and provide that kind of support. We may, at that meeting, talk about what’s happening in the family and give them some grounding. I tell parents to describe me as the helper advocate for kids. If kids are school aged and older, then I do have a structured process: two meetings, one with the siblings together and one with each child independently and we do structured activities to help keep them at the center and out of the middle, to understand how they perceive family roles and functions. What are their hopes? What are their fears? How can we best be responsive? From that point, I do a feedback with parents. At that juncture, parents can decide if they would like to continue to work with me as a neutral child specialist to develop a parenting plan, which allows them to continue to think of themselves as parents making decisions, rather than people in a custody battle. We don’t use those labels. We talk in a different language that’s more family friendly. Carl:  So when people come to you, are they in the out-of-court processes like mediation or collaborative divorce or are they in court? How would you describe to people in what way do you relate to those processes? Deborah:  That’s another really good question. I would say the majority of the work I do is with collaborative teams. Collaborative being a type of alternative dispute resolution process that’s all outside of the court but works with teams of professionals – two attorneys, a neutral coach, a neutral financial person and a neutral child specialist – to all bring our skills to a very systematic and efficient way to help parents and families through this process. Some of my cases, though, come from other routes. I’ve worked with mediators in a team to do a child inclusive process for the parenting plan and I’ve worked with non-collaborative attorneys who believe, along with their clients, that this part of the divorce or the breakup really belongs outside of court, that if it can be done in a neutral setting, that that will set the stage for more positive co-parenting moving forward. Carl:  Where can people find out more information about your services for a neutral child specialist? Deborah:  I have a website. It’s www.deborahclemmensen.com and I go through that process in some detail so parents are prepared for what to expect coming in. I also have a web page on the Collaborative Law Institute of Minnesota website. That’s www.collaborativelaw.org. On that website, there are lists of professionals. I’m not the only person doing neutral child specialist work, so if folks were looking for someone in a particular geographic location, that would be an excellent resource to find a neutral child specialist. Carl:  Thanks a lot, Deborah. I appreciate having this conversation. Deborah:  It’s totally been my pleasure, Carl, thank you. Carl:  This has been Deborah Clemmensen, Licensed Psychologist and Neutral Child Specialist, and my name is Carl Arnold of Arnold Law and Mediation.
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Child concernedWhile divorce is often expensive, when you look back on your divorce many years from now, the financial cost is not likely to be your most significant concern. If things do not go well during your divorce it is more likely that your real regrets will have more to do with the “real cost” of divorce; the impact on your children and on your emotional state. Can this “real cost” of divorce be reduced? Yes, but it takes hard work. The cost of your marriage. Of course, the first thing to think about is whether the divorce is necessary. If you are considering starting a divorce that you think can be avoided, make sure you explore all of your options before you give up on something you have worked to build. I am not talking about continuing to be unhappy in your marriage. I am only urging you to think about whether finding a way to become happy within the marriage may be a possibility and to consider whether the idea of happiness outside the marriage could be a mirage. If you have determined that the marriage cannot be saved (and I realize this may not be within your control), your next focus needs to be on how to avoid the real “cost” or damage that divorce can create. The cost of conflict to your family. Almost all divorce cases settle before going to trial. However, many people experience conflict during the settlement that can cause long term damage to their co-parenting relationship or their ability to move forward with their lives. So how do you achieve a settlement without high conflict and still protect yourself in the divorce process? Good settlements require a high degree of commitment. If you, and the professionals you hire, are truly committed to reaching a settlement that works for you and your children, you can achieve an outcome that reduces conflict and protects your other important interests. While your commitment will make the most difference, you also want an attorney that is committed to getting a good settlement as well. Almost all attorneys today will say they want to help you achieve an acceptable settlement. However, the difference between wanting a good settlement and committing to settlement is night a day. If getting the best settlement, and avoiding the real “cost” of divorce is important to you, you should consider hiring an attorney that is fully committed to settlement. Collaborative attorneys are attorneys who commit, in writing, to achieve a settlement that is acceptable to you. At the beginning of their case, both Collaborative attorneys sign a written document stating, in essence, that if they cannot get an acceptable settlement, they will be fired. The commitment to settlement causes everyone to use methods that are more effective; including full transparency, negotiation based on big picture goals, working with other professionals for more efficiency and reducing the posturing and arguing. To learn more about the Collaborative Process, and to find attorneys who are experienced in this area, go to www.collaborativelaw.org or www.divorcechoice.com.
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By Antoine Ducrot (1814–?) (Koller Auktionen) [Public domain], <a href=I have learned a few things over the years being a divorce and family law attorney and mediator. One thing I have observed is that men are often result-oriented in a divorce (and just generally in life, right?!). They frequently believe that they have a solution worked out. If only their spouse would listen to them, they could have been done with this whole process yesterday. I have also observed that while women are concerned about the terms of the final agreement, they also want to be sure that they go through a thoughtful process to get there. Part of this stems from women’s tendency to value relationships more than men. Another part of this is that men may not appreciate the extent that relationships matter in negotiations. If men understood how much relationships matter in negotiations, they would be more thoughtful in how they approach negotiations in divorce, because as a result they would frequently find that they would get better outcomes for themselves and their spouses. With more open communication comes more potential options that benefit both people.  A great way to approach a negotiation is to start by trying to listen and ask open ended questions in order to honestly figure out what the other person wants and why they want it, in order to better understand their perspective. Without this knowledge, many potential settlement options will go undiscovered, which results in lost opportunities for both people. Of course generalizations about men and women are not always fair or accurate, but what negotiation professionals understand is that—regardless of gender—if a person feels valued and respected, they are more likely to show the same value and respect in return.  The result of this mutual respect is that communication between the two people, in a divorce or other legal process, is more open and honest and more effective and efficient, which almost invariably leads to more potential options for settlement and better outcomes for both people.