![By Antoine Ducrot (1814–?) (Koller Auktionen) [Public domain], <a href=](https://upload.wikimedia.org/wikipedia/commons/8/84/Antoine_Ducrot_Galante_Szene_auf_dem_Feld.jpg)
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.
Many of us have been there. A close friend has just confided that their marriage is ending. The news may or may not be surprising, but may still catch you off guard. You want to say and do the right thing. What can you do to be helpful? Here are three suggestions:
Listen. First of all, just listen. This is so important…and much more difficult than it sounds. Listen with empathy and openness. Try to resist the temptation to react, interrupt, interject your own experience, or provide advice. Understand that your friend is expressing the truth as they see it in that moment, and that what they need most of all is connection. When we are listened to, we feel connected.
Support. Divorce is an emotional event that takes time. As with any difficult journey, it helps to have a support along the way. By being available, and providing a stable presence in your friend’s life, you can provide much needed emotional support during what can be a tumultuous time. Meanwhile, try to refrain from giving legal and financial advice. Your friend must have competent professionals to assist them in these areas and needs you to be a friend.
Be honest. If your friend does ask you for advice, be honest. Telling them what you think they want to hear will only serve to bolster what may be an unreasonable position. Instead, try to engage in a compassionate conversation about your friend’s situation. Expressing your own perspective from a place of caring may help your friend become more open to other perspectives and possibilities.
You have been invited to accompany a friend through one of life’s most challenging transitions. By listening, supporting and being honest, you can provide a much needed connection along the way.
When parents think about divorce, thoughts often go to their children. How do we tell them? Will they adjust to having two homes instead of one? How will we pay their expenses? Will my ex and I be able to communicate well enough to co-parent effectively?
This is unfamiliar territory, and thinking about these questions can feel overwhelming. Having a team of experienced professionals supporting you as you and your spouse move through the divorce process can make it less scary. In addition to having your own attorneys, the Collaborative Process uses neutral specialists who assist you in answering questions like these.
How to tell our children about our divorce?
A neutral child specialist helps you create a “we statement” for telling your children about your becoming unmarried. Your children will remember this moment for the rest of their lives, so you want to do it together, thoughtfully and with intention. The child specialist continues to work with you and your children in creating a parenting plan unique to your kids’ ages, needs and personalities. As part of your parenting plan, you and your spouse can agree to return to the child specialist for guidance if parenting issues arise in the future.
How will we pay for our child’s expenses?
A neutral financial specialist assists you in putting together a plan for sharing your children’s expenses. Rather than relying upon a generic child support calculator, you and your spouse openly discuss your children’s future expenses. For some couples, contributing to a joint children’s checking account makes the most sense. For others, having each parent take responsibility for certain expenses is more practical. By having a healthy discussion, you and your spouse can come up with a plan that fits your unique situation.
Will we be able to communicate effectively for our future needs?
A neutral coach helps you and your spouse understand and manage your emotions during the divorce process and can also guide you in methods to improve your post-divorce communications. Avoiding these conversations can leave you feeling angry and resentful, making it impossible to fully enjoy future events such as holidays, graduations, and weddings. By finding a way to move forward with your life with a positive attitude, you will make your children’s lives easier as well.
If you are interested in learning more about the Collaborative Process, visit our website at www.colllaborativelaw.org to schedule a free consultation.
Marie and Tim are divorced, but decided to enter CBS’s Amazing Race and spend 24 hours a day together tackling obstacles under constant stress with $1 million on the line. They ended up in 2nd place and did not win the million, but think about how wonderful it is to see exes working together in a way that gets them all the way to 2nd place in a highly competitive race on reality TV.
In their Race bios they both complained that the other does not listen well and always needs to be right. Tim wrote, “I would like us to be able to communicate what’s best for each other as an ‘us.’”
In the Collaborative Divorce process we begin by asking the couple about their goals for finances, children, housing and their own relationship. Do they want to stay friends? Do they want to stay connected to in-laws? If there are children, do they want to share activities with their re-structured family? Often, divorcing couples will identify the exact same goal Tim identified above.
Collaborative Divorce recognizes that dissolving a marriage does not have to be the same as ending the relationship. Many couples prefer to stay friends. In the Collaborative Process, couples can work with a neutral divorce coach to have honest conversations about their patterns of interaction and communication. It is an opportunity to say, “Yeah, we both want to always be right and neither of us listens very well.” That kind of frank, open communication can lead to the ability to continue a rewarding relationship and, apparently, even try to win a million dollars together!
Tim and Marie, I wish you had the million. Thank you for showing us that a couple can end their marriage, disagree with each other, have typical relationship conflicts, get frustrated with each other AND stay friends who can work together for a common goal whether it is for themselves, their children or the possibility of a million dollars. 
“If you want to make peace with your enemy, you have to work with your enemy. Then he becomes your partner.”-Nelson Mandela
If you are going through a divorce, it might feel like your spouse is the enemy and you really are at war. However, we can all learn much from Nelson Mandela, who passed away yesterday at the age of 95. Mr. Mandela was a lawyer, activist and peacemaker; and although he was a global figure, we can apply his lessons to divorce and conflict at home.
If one spouse files for a traditional divorce through the court, the couple (and their children) embark on a journey, some clients describe, to complete hell. If they are able to return to this world, so to speak, the family unit is forever transformed, and not for the better. Spouses, who once loved one another, often do become enemies. The court process, particularly if custody over the children is an issue, often vilifies one parent and an all-out war breaks out.
So, what’s the answer? Simple. Work with your spouse. Even if you DO see your spouse as the enemy, try to stay out of court. Judges don’t want to see you. It’s not that they don’t care, it’s that they don’t want to decide where YOUR children should live. They don’t want to decide how to divide YOUR property. Stop and think about that. Do you want a stranger to make life altering decisions for you?
You and your spouse should (and can) make those decisions. But you need a divorce process that will allow you to make the best choices, and you need attorneys and other professionals who can guide you to a better outcome. You will have to compromise. But if you work with your spouse, you can become partners in restructuring your family and arrive at a peaceful resolution. You will both “win” and make peace in the end.
Wouldn’t Mr. Mandela be happy to know that? Wouldn’t he be glad to hear that the Collaborative Process focuses on solutions everyone can live with? I would think so.
The holidays are centering points for families, but how do you handle the holidays when dealing with divorce, or when a broken relationship has you wondering, “How can I celebrate anything?” How can you embrace Thanksgiving, sing about “Joy to the World,” light the candles on the menorah, or tell the stories of Kwanza when your life is crumbling all around you?
To help you move from grief to celebration it’s important to remember your divorce is:
1. Not the end of your life.
2. Not the end of your family.
3. Not the end of your happiness.
4. Not the end of your holidays.
Things will change, you will definitely get the joy back, and you just might find that the true meaning of the holidays will shine brighter than ever. Remember the reason for the season. Take some time to nourish your spirit in whatever way has the most meaning for you, whether it’s going to church services, visiting with friends, or taking a walk through the park. Volunteer at a local shelter to serve meals to the homeless, or volunteer to wrap presents for needy children. Helping others takes your mind off your own difficulties.
If you are feeling blue about the upcoming holidays, try to focus on what you ARE thankful for. Most people feel much better about their lives when they take the time to sit down and think about what they have in their lives that are important to them. You will feel fortunate to have the good things in your life.
More people file for divorce in the month of January than any other time of the year. Is it because the holidays are so stressful or because couples are just trying to get through one last season as a family? Regardless of the reason, or whether you are divorced, separated, or just thinking about it, remember to take care of YOU this holiday season.
A recent article in the New York Times suggests that big-money divorces provide lessons for less-wealthy couples. Regardless of a couple’s income or net worth, several questions are common to most marriage dissolutions, including:
- How can we create a parenting plan that will benefit our children?
- How can we divide our assets fairly?
- How can we maintain control of divorce costs?
Besides being a family law attorney, I am a divorced mother of a teenager. My daughter was 9 when her dad and I separated. Parenting is not for the faint of heart, even with a great kid. I cherish the fact that I have a strong co-parenting relationship with my daughter’s father as we celebrate the successes and face the challenges of launching a young woman into independence.
So it bothers me when I see divorced women torpedoing the co-parenting relationship. I don’t seem to attract these kind of women as my clients, but I meet them socially or hear the stories from others (None of the moms below were my clients). The following is my advice to those women, because I have lived it.
1. Stop calling yourself a “single mother.” Unless your child’s father died or has no involvement in your child’s life, your child still has a dad. Calling yourself a single mom marginalizes dad. I know of a mom who sent dad a copy of the registration form for summer camp, since dad was paying half the cost of extra-curricular activities. Mom put her name and contact information on the form and drew a line through the section for the other parent. Even if you have sole custody, respect the fact that your child has two parents. 2. Communicate, communicate, communicate. Dads need to know what is going on with kids when they are at mom’s home, and vice versa. I know of a dad who reached out to mom to discuss how to handle a power struggle. Mom responded by saying, “That’s between you and [daughter]. You have to figure it out on your own.” I wonder if mom would have said the same thing to a teacher asking for input. This isn’t a test where comparing answers is cheating. This is your kid’s life. And don’t forget there will likely be a time in the future where you are struggling to find the answer to a parenting dilemma. It is a relief and a blessing to have a co-parent when that happens. 3. Communicate doesn’t mean micro-manage. The flip side is the mom who is hyper-vigilant and second-guesses every decision, monitoring every meal and activity. I know a mom who was critical because dad ate out at restaurants too much. Give yourself permission to let go of the small stuff.When my daughter was younger, she was on a soccer team but was tired of going to practices. She was at my house and was supposed to be picked up in the carpool. What I didn’t realize is that she texted her friend and said she wasn’t going to practice, and then she left the house and re-entered through the egress window in the basement. I found her hiding out in the basement. It was a relief to be able to call her dad and have a unified approach to dealing with honesty, and to also re-assess soccer as an activity for her. Unless there are domestic violence issues, do whatever you can to nurture a parent partnership. Let go of competition with dad. Let go of anger towards dad. Let go of perfection. Trust me, life is so much better, for your kids and for you, when you have a co-parent.
Divorce is never truly good. But a bad divorce can create many years of devastation. If you have a friend or family member approaching divorce it can be difficult to watch the economic and emotional turmoil unfold, particularly if there are children involved. As a friend, or a family member, you want to help; but can you?
In my 30 years as a divorce lawyer, I have seen how friends and family members can provide much needed support and comfort that has helped my divorce clients get through this process in a much healthier way. At the same time, I have often watched well meaning friends and family members give my clients advice that actually made the divorce more adversarial.
If you know someone who is going through divorce and want to help, here are five things to consider.
- Encourage them to seek counseling, if appropriate. Whether they are trying to save the marriage or simply manage the emotional turmoil and grief during this difficult time, a good counselor can be even more important than a divorce attorney. They will soon be making some of the most important decisions in their lives during a time in which their sense of reason and judgment may be impaired by emotions. Getting help with the emotional and psychological aspect of divorce is crucial.
- Give them support and encouragement; but not legal advice. If you have been through a divorce, or have experienced the divorce of close friends, you may be tempted to advise others based on your observed experience. This advice, though well intended, can often be quite harmful.
- Encourage them to truly research their options. Most people rush into divorce without truly understanding their choices. As result they often choose a method that is not the best alternative for their family.
- Help them understand that civility is not weakness. Divorce can create fear and anger that tempt people to seek “a pound of flesh.” Few families can emerge from an adversarial divorce unscathed. Help them understand that resolving their divorce in a civil and respectful manner can actually get them a better outcome.
- Avoid demonizing the spouse. Divorce often creates a delusional reality that causes people to see their spouse in a very negative light. Accepting your friend’s emotionally impacted negative view off their spouse can even seem like the “supportive thing to do.” Usually it simply adds to the misperceptions that make future co-parenting more difficult.