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159627120-heart-shaped-jigsaw-puzzle-with-missing-gettyimagesDo you do jigsaw puzzles? They can be great exercise for your brain, but they do require patience. The image on the box looks great, and then there’s the daunting moment you must face after dumping the pieces out in a messy pile. Those who approach puzzles with strategy most definitely have an advantage, and sites like Puzzlewarehouse.com offer tips for people attempting puzzles for the first time. Divorces can be like undone puzzles in many ways, and so these tips overlap with what we do as collaborative divorce attorneys. Here are six tips in particular from puzzlewarehouse.com that relate well to the collaborative divorce process:
  1. “Flip all pieces upwards.”
  • “Having all your pieces facing the same way can be tedious, but it makes it so you’re working with the whole puzzle the whole time, and it’ll make the next steps quicker.”
This first step is true for both puzzles and couples looking for a divorce. Couples who begin the divorce process must deliver their “pieces” (of information) to the professionals involved in their case. Details that need the attention of everyone involved must be “flipped upwards” (brought to light) so they can be placed well in the bigger picture.
  1. “Find all the edge pieces.”
  • “Constructing your border gives you a defined space that you’ll work inside as you build.”
There are clear boundaries for each collaborative case that are determined in the first meeting between the clients and their chosen professionals. A few things that are considered are the interests and goals of each client, as well as a participation agreement and general expectations of conduct. Having clear parameters makes collaboration possible and desired outcomes attainable.
  1. “Sort by color.”
  • “From here you can build recognized sections of the puzzle.”
It is the job of collaborative attorneys to help their clients sort out and understand various options for building their divorce agreement. Attorneys can do this more easily when the clients have gathered their personal information (assets, lifestyle, etc.) so no piece is missing. A complete set of “pieces” makes sorting by type easy, so that the different sections of the agreement can be put together quickly and completely, including every aspect from child support to personal property to businesses and real estate. The big picture agreement that results will be one that suits the needs of both parties.
  1. “Special pieces.”
  • “Some pieces will be part of really distinguishing parts of the puzzle because it has text on it, or a color that’s only in one spot. Keep those separate and build on them as you can… it will be easy to spot where it goes as you start assembling the puzzle.”
Every couple has a unique case because of the specific goals and circumstances in their lives that they bring with them to the case. Certain issues (“distinguishing parts”) will have priority over others so that the bigger picture of the divorce agreement can be finalized. Family businesses, special needs children, and out-of-state job offers are all examples of special pieces in a divorce that require special attention from the start.
  1. “Work on small sections at a time.”
  • “Instead of trying to work on the entire puzzle at once, it can be really helpful to work on small portions so that you’re accomplishing sections. This will help keep you motivated and you’ll have a visual record of your progress.”
Helping clients break down the divorce process into pieces that are manageable is an important part of the process for collaborative attorneys. Maintaining a broader perspective that keeps the bigger picture in sight without getting “lost in the weeds” (or, pile of puzzle pieces), is important. Keeping checklists and journals are both recommended methods that can work well for clients trying to maintain this perspective.
  1. “Don’t give up.”
  • “When you’re tired… take a break… sometimes too much time at one problem can take away from [the puzzle process]. A fresh look at it later may help you see things you missed, too!”
Stress is often a part of any divorce process, and a collaborative team of professionals will try to pace the tasks so the clients can remain comfortable yet productive. Communication is always encouraged so that all needs will be heard. Avoiding the burnout that often happens in litigated divorce is easier when the case is approached with appropriate pacing and communication. With the collaborative divorce process, setting a schedule at their own pace is something within the client’s control. * * * People with skills in putting jigsaw puzzles together gained those skills by putting many puzzles together. Collaborative divorce attorneys have years of experience in putting together divorce agreements in and have developed their skills through practice and love to efficiently lead their clients towards the best agreement for everyone.      
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State Farm Demolition
State Farm Building Demolition in Woodbury, MN
For anyone living or working in the east metro, especially Woodbury, the iconic State Farm Regional Office Building that once loomed over the Radio Drive and I94 corridor is now a pile of rubble.  It was a symbol of economic growth when it was built in 1994, then became a symbol of economic slowdown and job loss when it was vacated in 2006.  Watching as it was dismantled, I initially thought it was a waste to tear it down.  Developers tried, though, for a long time to “recycle” the building.  But who needed, wanted, or could subdivide 400,000 feet under one gargantuan roof?  So, assuming all avenues were explored, developers decided to demolish it.
The divorce process is similar to a building demo: sometimes you just need to tear everything down, in a methodical and deliberate manner, and start over.
If the interior walls are immovable, the space can’t be reconvened, and the foundation is crumbling, it might be more cost-effective to tear down and rebuild, IF you don’t charge in with a wrecking ball and create mass chaos.  The collaborative divorce process is anything BUT a wrecking ball.  It is a thoughtful, deliberate, respectful, and diplomatic approach to divorce.  Collaboratively trained lawyers are mindful of complex family systems, utilize interest-based negotiation, and help you and your spouse co-parent your children while essentially, re-configuring your family.  While it can be scary watching the walls come down, the end result is an intentional, creative, and lasting “structure” (or plan) that can actually create more stability in the future.
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605383115-conceptual-spray-bottle-spraying-water-gettyimagesNew life is signaled by the coming of spring. Everything in spring, from the tiny buds on the trees to the bunnies in the garden, is related to new beginnings. Spring is also the season when many people get the urge to deep clean around the house. Donating still-useful things to charity and tossing the rest is a new beginning for our living space. It feels awesome! Housecleaning can also spur a deeper cleanout – taking on the less tangible things that clutter our psyches. This type of cleansing can be difficult, but is definitely worthwhile. Parts of our life that have stagnated no longer serve a life well lived, but nonetheless become habitual, and habits can be hard to break. Forgiving ourselves keeps any guilt we have from sapping the energy we need to make a change. Then, we can do some spring cleaning – either giving the stale part of life a good scrub and makeover, or mindfully tossing it altogether and beginning anew. No matter how harsh the (Minnesota) winter has been, nature starts fresh each year. It is expected and assumed, but miraculous at the same time. It is the perfect time of year to re-evaluate the state of your heart, your home, and your relationships. Say you’re sorry. Ask for forgiveness. Start anew. And then go outside and enjoy the warmer weather!
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73582147-wedding-cake-top-with-groom-bride-and-lawyer-gettyimagesWhen a couple divorces, the final decree or order from a Court typically dictates how property shall be divided, how the children shall be parented, and what support will be paid moving forward.  The decree will give you the dates and amounts of payments.  The decree will also tell you what amount each of you is awarded of accounts or who shall keep the house.  But there are some things a divorce does not dictate. After a divorce is final, here are six things you (or your attorney) should do to finalize the division and move forward:
  1. Divide cash accounts. Bank accounts and investment accounts can be divided on your own. You both may need to work together to close joint accounts or transfer funds from one individual account to another. At the end of the process, you should have no joint accounts unless you have agreed to own something jointly.
  2. Pay-off and close joint credit cards. Joint credit card should be paid off and closed. You can take care of this on your own.
  3. Divide retirement.  Retirement accounts need to be divided precisely as outlined in the decree. Non-qualified plans (like IRAs) can be divided with a copy of the decree and direction from the account holders – you can do this on your own.  Qualified plans (like pensions, 401(k)’s or 403(b)’s) need a court order and you will have to have your attorney draft this or hire a consultant.
  4. Property title transfer. Title for any real estate that was awarded in the decree needs to be transferred to the individual owner. This can be done with a quit claim deed or order from the court that needs to be recorded with the county property office.
  5. Health insurance. Set up your own health insurance if needed or work with your former spouse to continue coverage for them.
  6. Estate planning. Your original will (if you had one) is no longer valid after divorce so you will need a new one.  Hire an estate attorney to draft up a new will.
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601840767-pink-tulip-field-lisse-netherlands-gettyimagesWith the recent warm weather and longer days, it is beginning to feel like Spring. Spring is a time of rejuvenation and growth. As the sun comes out and the temperatures rise, flowers blossom and buds sprout.  People are out exercising and enjoying the warm weather. After a long, cold winter, as the days get longer, the community collectively is re-emerging. It is an optimistic, forward-looking time. There are a number of similarities to Springtime and the re-emergence after a divorce.  When someone initiates a divorce, it often causes the fear and negative emotions to increase. There is added anxiety in the process, knowing that you have started but not yet really resolved anything. The divorce itself may feel like winter.  You may feel isolated to stuck in a lonely process. You may have a hard time appreciating the positive things in your life and instead focus on the cold, scary parts. But once resolutions are found, it is a new beginning. Indeed, a collaborative divorce process (where both clients work together out-of-court on resolutions) can lead to meaningful resolutions that establish a great foundation for the future. Mutually acceptable resolutions and a process that supports and nurtures both spouses, can lead to a new normal.  Once in place, those resolutions can feel like a whole new life. Like Spring, it can feel like the future is positive and there is potential for emotional and financial success. Relationships can feel refreshed or reinvigorated. People may have better mental health and feel good about moving forward. Like an extra bounce in your step or deeper peace — re-emerging from divorce has great possibility. There are options when you are divorcing. The collaborative process is a truly future-focused process that supports you during the process and then sets you up for success afterwards.  So, if you are contemplating divorce, know that it gets better. There is a springtime waiting for you.
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180248003-rowing-teams-oars-close-up-gettyimagesDo you need a divorce team and if so who should be on that team? If you are going through divorce or plan to do so you should think about who you want to have on your divorce team.  Who you have on your team depends on the process you have chosen. If you are headed down the traditional litigated divorce path your attorney will be your lead team member and possibly could be the only team member. Oh sure you may bring in experts of your own and when you do experts of your soon to be ex will suddenly appear. This is unlike a collaborative divorce where neutral professionals are commonly utilized.  In mediations you may or may not have neutrals or you can also have experts, if you will, that are only on your side.  The difference is in a collaborative divorce the neutrals are working together with you and your spouse to help you reach agreements.  These agreements satisfy both of your needs and interests versus you both having your own experts refuting each of your positions with opposing viewpoints.  When this opposing positions scenario appears it requires some outside third party to make decisions for you since you and your spouse cannot make those decisions yourselves.  This ends up being a crapshoot and most likely results in decisions neither one of you are very satisfied with. In a collaborative divorce the entire team works together for the benefit of your family.  Who are the potential team members and their roles in a collaborative divorce? Attorney:   
  • Provides legal guidance, counsel, and advice to you
  • Supports you in resolving the areas of dispute that arise
  • Cooperates with other Collaborative team members to guide clients through the process
  • Works in joint meetings with both clients and the other attorney to create legal documents to necessary to complete the process
  • Are professionally licensed as attorneys
Coach: 
  • Helps clients effectively communicate during the process which can minimize conflict and lower cost
  • Helps to maintain a safe environment to discuss difficult issues with mutual respect
  • Helps you with advocating for yourself
  • Helps you minimize emotions to better manage reactivity to stress
  • Is licensed as a mental health professional or a Rule 114 qualified mediator
Financial Specialist:
  • Identifies and evaluates tax consequences
  • Assists clients with developing spending plans (budgets)
  • Develops current and future cash flow analyses
  • Helps clients/attorneys generate and evaluate financial options
  • Guides the team discussion on financial matters
  • Is professionally licensed as a financial expert
Child Specialist:
  • Provides neutral guidance and education to parents
  • Helps parents create “we statements” to talk with their children about the divorce or break up
  • Meets with parents and children to obtain developmental information, identify family strengths and identify goals to meet children’s needs
  • Meets with children to assess their hopes and needs for the future
  • Gives feedback to parents and professional Team members about the needs of children
  • Assists parents in the creation of a developmentally responsive Parenting Plan
  • Works with the Neutral Coach to strengthen parents’ co-parenting relationship
  • Is licensed as a mental health professional
Does every divorce require each of these team members? Not necessarily. A divorce with no minor children or a divorce from a very short-term marriage say less than three years for example, with few assets and liabilities may not require anyone other than an attorney. However, in divorces from longer-term marriages if minor children are involved, there are a number of assets, and liabilities it would make sense to utilize a child specialist and a financial specialist. If your goals and those of your spouse are genuinely concerned about future relational issues with your soon to be former spouse or extended family members, I encourage you to explore the use of a coach trained in collaborative divorce. A coach may be very helpful if you have concerns about challenging communication issues with your soon to be former spouse. The use of neutrals can be very cost effective. Neutrals are usually employed at lower hourly rates and in some cases significantly lower rates than attorneys. The value added benefit beyond the lower cost structure for using neutrals is they are experts in their respective fields. Attorneys are experts in the legal aspects of divorce not so much so in the financial, child development, and relational aspects of divorce. Only you can answer the question of do you need a team and if so who should be on that team. It does depend on the divorce process you choose and your unique circumstances. Choose your process and your team wisely!
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straight-ahead-Collaborative divorce is an out-of-court, non-adversarial process for dissolving a marriage. It is common for one spouse being ready to move forward with divorce and the other spouse struggling to move forward in the process. Parties can be at very different points on the divorce readiness scale – one is ready, one is not. This is quite typical. The spouse not wanting to move forward is sometimes called “reluctant” or “in denial.”  Because Minnesota is a no fault divorce state, one spouse not being ready does not need to stop the process from moving forward. The ready spouse can file for divorce and the process moves on in court with little control of the reluctant spouse. However, when one spouse is looking for a non-adversarial, out-of-court alternative (like collaborative divorce), there is more of a need to bring that other spouse along. The reluctant spouse really can delay the process and interfere with the non-reluctant spouse’s desire to divorce. It is interesting to think that one spouse can be committed to a collaborative divorce, but divorcing may not have to be a collaborative decision.  So one party can control the process (with the other’s agreement), even if the other never agrees with the decision to divorce. It is common during the divorce process to have spouses be at different comfort levels with the decision to divorce. These levels of readiness can change throughout the process and even vary greatly from one meeting to another. The challenge often lies with helping the reluctant spouse commit to a collaborative process, while acknowledging his or her disagreement with the process. A good collaborative attorney can strategize ways to bring the reluctant spouse into the process and help move things forward. Ways to teach him or her about the divorce options and lay out the pros and cons of different processes for divorce.  
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514409797-rocks-forming-numbers-reading-2016-gettyimages2016 is well underway and many will look at the new year as a new beginning. While it’s important to have a positive outlook on the year ahead, sometimes the changing of the calendar year can create a false sense of promise. Pressure to set unrealistic goals such as being healed from your divorce this year, or that you will fall in love this year. Sometimes while going through the difficult path of grieving your divorce it may be helpful to consider that January 1st is nothing more than the day after December 31st. The changing of the year will bring a bit more healing and personal growth as each day passes, however it is imperative to understand that things can’t, and won’t, change overnight, which is why creating realistic expectations of the new year is essential to your healing. All the talk about new year’s resolutions, goals, “new year, new you,” that come with the month of January can leave you feeling overwhelmed, which creating realistic expectations, even if that means lowering or having no expectations at all can be a healthier way to navigate the healing process. Setting lower expectations allows you to be gentler on yourself. Creating a sense of balance in your life can be far more important than checking something off of an overwhelming, or unrealistic, to-do list. As you gradually adjust to your new normal, you may feel that everything in your world is now different, yourself included. You will have days of triumph, days of defeat, and plenty of temporary setbacks throughout the year ahead, but it’s crucial to remember that these temporary setbacks are just that – temporary. They happen to everyone and are a normal part of the process of healing from your divorce. It’s natural to have days where you hope and pray for everything to go back to the way things once were, but it is unrealistic to expect for that to actually happen. As you begin to accept your new normal, it might require a new approach to life, and maybe your biggest goal for 2016 will be to learn that approach and how to navigate it. Find the joy in life, which is more important than checking something off of a list. Reconnect with old friends, find new hobbies, look for the joy in everyday, but don’t feel the pressure to have a timeline on your healing, your happiness, your life, or finding new love.
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BLD077218In the Twin Cities, many family law attorneys offer a free consultation to learn about your options.  This is a time to meet your potential new attorney and ask your questions.  The consultation can serve three main purposes. First, you can learn about your divorce options.  There are four general processes for divorce:
  1. pro se/unrepresented where you go through the process without legal guidance;
  2. mediation where a neutral third party helps you come up with the agreements;
  3. collaborative divorce where both parties commit to a respectful out of court process with lawyers and other professionals guiding the process; and
  4. litigation, the court-based traditional process.  A good consultation should educate you on all of these options.
Second, the consultation allows you to learn some basic information about the issues in a divorce.  The attorney can discuss the main legal issues that need to be decided during a case – such as child custody, parenting time, spousal maintenance, or property division.  Clients often have specific questions about these categories and what may or may not be relevant to their situation. Third, the consultation allows you to get to know someone and see if it is a good fit for legal work.  One of the most important aspects of a consultation is the opportunity for you to meet a potential attorney and see if you will be comfortable working with them. Your attorney is your guide. You may cry or express anger in front of this person – you need to feel comfortable doing so. In addition to legal adeptness and zealous advocacy, you also must be comfortable and trust your attorney. This is perhaps the most important element of the relationship. You should know that when you are just meeting an attorney for a consultation, the attorney cannot give you legal advice or answer legal questions with certainty. Because the consulting attorney does not have a client relationship, you and your spouse could meet with the attorney together. This is often a good way for you both to hear information together. When you receive the same message, you often feel less adversarial and more like you are both seeking a guide for the process. Please contact a collaborative attorney for a free consultation to learn more about your options.
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Most couples have rather specific roles in their marriage. After all, a marriage/family is like a team and everyone needs to do their part for the household to run smoothly. It’s not uncommon for Dad to fill a more traditional role as breadwinner, snow remover, and yard maintainer, and for Mom (even if she works outside the home as the secondary or even primary breadwinner) to fill the traditional role as cook, grocery shopper, and child nurturer.  Sometimes roles overlap and sometimes a complete role reversal occurs. When a couple divorces, however, the roles the pair had as Husband/Dad and Wife/Mom often become magnified, and each spouse feels like the other is tromping on his or her territory. Not only that, but often neither partner feels appreciated for the work they did do in the family. Unfortunately, not feeling appreciated often manifests itself as a position in the divorce. For example: Mom feels unappreciated for all the nights she stayed up with sick kids and feels like she should have sole physical custody; Dad feels unappreciated for all the nights he put in working long hours and feels he should get all the retirement. The point is, both parents worked hard in different ways to make the family run as smoothly as possible. With an impending divorce, each spouse will have to give up some of the control of their original role, and take on additional tasks in a new role. It’s not so bad, though. Shoveling snow burns calories, and who doesn’t want that? As for cleaning baby bottles – who knew swirling bubbles around can be a great stress reliever?