183800215I am often asked to give presentations on the financial issues in divorce. I always cover what I refer to as the two financial pillars of any divorce dividing property including debts and cash flow and support. Without fail someone in attendance always asks where, do I begin? I do not know where to start. This question is asked not from a financial viewpoint but from an overall perspective of where to begin. My response is virtually the same every time. The most important decision you have to make is the decision to end the marriage. Some take months or even years to make this decision. It is not an easy one. If the decision is made to divorce, then the next most important decision is how to do it. What process options are available and which might be best suited for me, my spouse, and if children are present. Again not an easy decision, especially since these types of decisions are often made during times of high emotions including hurt, pain, and even anger. This is not necessarily the best frame of mind for making such life changing decisions. Having experienced divorce after a 30-year marriage and in my professional experience as a financial neutral, financial mediator, and supporting individual clients and their attorneys, the answer where to begin may be somewhere not so obvious, a divorce coach trained in collaborative divorce. I say this not because you will end up or be steered to a collaborative divorce, but rather that a divorce coach can help you and your spouse navigate the emotions and challenges during any divorce process and beyond. A collaboratively trained divorce coach can help explain process options in a manner to help you no matter what process you may choose. A neutral divorce coach can also help recommend other divorce professionals including a child specialist, financial specialist, and attorneys who can work together with you and your spouse in any divorce process. In addition, a divorce coach can help save you time, money, and heartache by guiding you and helping you manage emotions throughout the process. How do I find a collaboratively trained divorce coach? Click here to find coaches throughout the MSP metro area. By clicking on their name, you can read their profiles. Many, if not all of them, will provide a free initial consultation allowing you to ask questions, evaluate each individual and make informed decisions best suited to you and your family. Divorce coaches are one of the best resources available to anyone considering divorce and wondering “where do I begin.”
181216069In a recent first meeting with new clients, I was obtaining family history to help ground me in both parents’ perspectives on issues related to their divorce. A comment by the dad struck a chord for me. He said, “I believe the way I can become the best parent to my child is by getting a divorce.” At first glance this comment seems counter-intuitive. Most children would prefer their parents remain married or partnered and under one roof. Divorce is usually a life crisis for children and their parents. Divorce is necessarily about grief and loss. How does it follow that a divorce can result in better parenting? The answer is that many parents whose marriages don’t work are able to enter into a co-parenting relationship that does work. In these families, children remain at the center of their parents’ concern and out of the middle of their parents’ conflicts. Especially if the decision to get unmarried is mutual, and a reservoir of trust and good will about parenting has been preserved, it can relieve a great deal of stress in the home to decide (though often with great sadness) to let go of the marriage while embracing a new lifelong role as co-parents. Children can continue to feel safe and loved in the context of a healthy co-parenting relationship. Effective co-parents are mindful and committed to being present for and attuned to the needs of their children, and this is the foundation of their children’s resilience and hope. Collaborative Team Practice offers specialized mental health resources to support and reinforce healthy and effective co-parenting during and after a divorce. Neutral child specialists and neutral coaches help parents create Parenting Plans and Relationship Plans as detailed and unique guides for positive co-parenting. It is indeed possible to divorce with the goal of becoming the best parent one can be.
184951937There are few things that distinguish a new phase in life more than changing one’s name. However, one has to do a thorough job of informing the “world” of this change – such as identity providers, business relationships, friends and family. Identity providers – they make it official. An obvious place to start, they include the following:
  • Driver’s license: go to your local Department of Motor Vehicles office, fill out the appropriate form and submit it with the required documents
  • Passport: go to travel.state.gov, fill out Form DS-5504 if your passport is less than one year old or DS-82 if older than one year, and submit it with the required documents
  • Social Security Card: go to socialsecurity.gov, fill out form SS-5 and submit it with the required documents
  • Voters Registration: re-register at www.sos.state.mn.us
  • Veteran’s Affairs: call the DMDC Support Office at 800-538-9552 to update your DEERS information
Certified Divorce Decree Essential to changing your name on the identity documents listed above, is providing a “certified” divorce decree or other legal name change document.  To obtain a certified divorce decree, request one by letter or in person, from the records center at the court where your divorce was filed.  You will need:
  • Names listed in the decree
  • File number
  • Courthouse location
  • County of the court
  • Fee per Copy (typically about $16)
If your divorce was filed in Minnesota, you can find information on where to request a certified divorce decree at www.mncourts.gov. It is recommended that you order several.  Most identity providers will require a certified copy, and often don’t return them. Keep in mind that removing the staple voids your certified copy! Business Relationships Business relationships are also essential. Think about every business, medical or financial professional and financial institution with whom you interact and start making a list. Then, add on utilities, shopping websites, magazines and other publications, as well as charitable organizations.  The sooner you start, the more likely your lights will stay on, your checks will be honored and your will get the packages you ordered. IRS The IRS verifies the names and social security numbers on every tax return with the Social Security database. If you file your tax return before changing your name with the Social Security Administration, use your former name. Any mismatch will result in your return either being rejected immediately or the IRS sending a letter requesting clarification, which will delay any refund you may be due until you reply. Friends and Family Your friends and family are the easiest to inform in the internet age; just send out a mass email. Remember to change your social media profiles too.  Better yet find a way to celebrate this change! Make an event of it and all your friends and acquaintances are more likely to remember that you have moved on to a new phase in your life.
56195395Collaborative law requires experienced professionals and clients willing to work together to find resolutions for their family law matters. It is a unique, non-adversarial process that provides an alternative to a traditional, litigation. It is a respectful process that depends upon four main tenants.
  1. Full Disclosure. In a collaborative law both parties provide all information relevant to the case. There are no formal discovery processes – no time or money spent on depositions or document requests. Both parties provide everything needed – if someone needs more, they ask and agree to disclose it. Both parties must have all the information they need to generate options and make decisions.
  2. Confidential Process. The information discussed an the options generated are confidential and shall not be disclosed until final resolutions are reached. Divorce is not a confidential process by default. Indeed, the court process is quite transparent. In collaborative, however, the information discussed and shared is not disclosed until the very end. This provides for a more thorough process overall.
  3. Neutral Experts. All experts shall be neutral. They will be chosen by both parties together (often recommended by other professionals) and operate in an on-adversarial manner. Their expertise benefits both parties.
  4. Professionals Limited in Representation. The collaborative professionals on a case can only work in one role – settlement. The professionals cannot represent you in any other matter and in any other capacity. Your collaborative attorney cannot represent you in a court process. A mental health professional (child specialist or coach) cannot provide therapy. And the financial neutrals cannot also solicit your financial planning business. Everyone has one purpose and one role – to help you find collaborative resolutions.
102284768As a confirmed New Yorker subscriber, I enjoy the cartoons as much as the writing. Indeed, the cartoons alone would justify my subscription. Earlier this year, there was a drawing of a customer addressing a florist. “I want some flowers that say, ‘Here! Have some frickin’ flowers!'” For a lot of couples about to enter into a dissolution of their marriage, the holidays are a time of high anxiety. Often, both spouses know it’s coming–soon–but call a truce in order not to wreck the children’s Christmas. According to some of my former clients who have done that, the whole holiday season felt like, “Here! Have a frickin’ truce!” Tense, hollow, sarcastic. Anxiety-ridden, courtesy of the Unknown. A close friend who knows about my practice once asked me, “What’s the most important thing you can tell someone who comes in to see you about a divorce?” “Well, it will depend on what’s most important to that person at that moment, but, generally speaking, I’d want them to know it’s going to be all right,” I said. “Isn’t that a little misleading? I mean, you don’t know anything about who they’re married to, or who that person’s lawyer is, or anything.” “Well, I know this: when they talk to me, they’re living in a situation that’s become unbearable, a situation they know very well. And it’s bad enough that they’re talking to me about an Unknown–the divorce–that they’d rather deal with. I actually did once ask a client who was complaining about how long it was taking and how much it was costing whether he’d like to dismiss the action and stay married. He looked at me like I had two heads. ‘Not on the longest day you live,’ he said.” So the goal was not an issue. By the way, that was before I began doing Collaborative cases. But my point is that the divorce itself will end some day, and probably in less than a year. And after it’s over, that person will go on with their life. Most of the time, the people who come to me know that I do mostly Collaborative cases, where the couples have to agree on what happens before anything can happen, and where the goal is to agree on all the terms of the divorce. So they each have to give their spouse a reason to agree to what they’re seeking. More importantly, they have many opportunities over the weeks of that case to refine the conversation, discover what’s at the heart of their goals, and explore different ways of satisfying their spouse’s interests. The upshot is that by the time they do reach all their agreements, they have talked everything through–usually multiple times–and they have a set of agreements they can live with. And things going forward are going to be all right! They can take some reassurance in that because their discussions were all based on their actual situation, not what they wish their situation was. They’ve spoken with their lawyers and they understand what the courts can do and what they won’t do. In the Decree, under “real estate,” the court simply can’t award to the spouse who had an affair “the hottest corner of Hell.” For one thing, there’s no legal description. But if their husband or wife insists that this is the only appropriate residence for them, post-decree, I know that person will never succeed in a Collaborative case. I also know that person won’t “succeed” in court, either. And, finally, I know that person could care less if things turn out “all right,” because their highest priority is to give back the pain they feel to the person who, they believe, caused it. They almost certainly will get more help from a therapist than a lawyer. But for the potential client who is most interested in ending their marriage, attending to their affairs, and starting a new life, history teaches us, time and again, that, really, it will be all right. At least, that’s what my clients tell me.

The secret to a constructive and respectful divorce is to start at the end and work backward.  Ask yourself, “What do I want my life, my spouse’s life, and my children’s lives to look like when the divorce is all over?  What is my vision for the future?”

In fact, the first task of clients who choose a collaborative divorce process is to answer these questions and to share their answers with each other.  Here are some of their answers: Couple A
  • Children/Family We want our children and ourselves to feel that we are a family that loves and cares for each other.
  • Relational We want us to look back on this difficult time and be proud of how we handled ourselves and each other. We want both of us to be happy in the future.
  • Financial We want our final agreement to ensure equitable life styles and standards of living. We want our final agreement to provide financial security for both of us in retirement and in the event of the death of either of us. We want our final agreement to respect the financial decisions/intent of our respective families to leave us money.
  • Process We want a divorce process that supports a positive future. We want a divorce process in which we both feel heard and safe to discuss difficult issues. We want to be comfortable with our final agreement and to have a mechanism for implementing it. We want our divorce process to be cost effective and efficient. We want to minimize the emotional and financial stress of our divorce.
Couple B
  • Children For our son to have a solid, cohesive parenting team who loves him. For our son to be shielded from the negative aspects of the divorce.
  • Financial For both households to have financial stability and security. For us to be debt-free by using an intentionally controlled plan of action.
  • Relational/Emotional That we create a trusting relationship with each other and the potential for friendship. That we reduce the emotional and financial stress we feel as a result of our divorce.
  • Process That the collaborative process be as cost-effective as possible while obtaining the added value that our neutral professionals bring to the process.
Couple C
  • For our children not to feel divided.
  • For our children to feel comfortable with both of us.
  • For us to convey a sense of harmony to our children.
  • To have financial security for both of us.
  • To get along with each other after the divorce; to have mutual respect for each other; and to have a pleasant relationship.
By starting at the end, couples are reminded how much they still have in common despite the ending of their marriage. By starting at the end and working backward, the couple and their team of collaborative professionals can focus all their attention on crafting a settlement that accomplishes the couple’s vision. By starting at the end, the collaborative divorce process promotes healing and a peaceful transition through this important life event. If you or someone you know might benefit from using a collaborative process for their divorce, go to www.collaborativelaw.org and www.mndivorce.com to find out more about Collaborative Divorce.
Ask anyone who has ever gone through a divorce whether they have recommendations for how the process could have gone better and I bet they would have a list of ideas.  They would likely identify a need for their legal counsel to have communicated more frequently with them and to have helped more to educate them about their options at each step of the process.  They would likely say they worried that their legal counsel had a perverse incentive to provide more services (more hours of billable work) seemingly regardless of the effectiveness of those services because they billed by the hour and the client didn’t see or understand much of the work that the attorney was doing. Many professions, including law and medicine, are rethinking the most basic aspects of the services they provide and how they provide them and are defining new ways of doing things. I was reminded of this when reading an article in the New York Times titled When Medicine is Futile, which addressed the issue of whether medical providers are sometimes (or even as a matter of standard office policy) over-treating patients during end-of-life medical care. The article brought up the issue of whether medical providers—in the name of patient protection and patient care—may actually be working against the patient’s best interests (even affirmatively harming patients) by administering an inappropriately excessive—and futile—list of medical interventions. The article references a new report by the Institute of Medicine titled Dying in America: Improving Quality and Honoring Individual Preferences Near the End of Life (2014).  Some of the recommendations for improved care include increased provider-patient communication, education of medical providers in alternatives such as palliative care, increased patient planning and decision making, and different payment structures that may better align with patient care quality more than just the quantity of the services provided.  The gist of the recommendations to improve patient care relate mostly to increased communication, increased education of providers and patients about alternative options, and creating systemic incentives to reward quality patient care over simply providing a high quantity of billable services. Similar to a hospital emergency room, courtrooms offer intensive and expensive services.  In the court system, attorneys rack up immense billable hours based on providing clients with a large quantity of paperwork to submit to the court.  In the courtroom, attorney-client communication, client education about their options for resolution and client power to make their own decisions can be lacking. The legal system, like the medical system, is going through a paradigm shift where legal service providers are rethinking even the most basic aspects of the services they provide and how they provide them and are finding new ways of doing things. Collaborative Practice providers implement best practices similar to those recommended for the medical profession referenced in the report mentioned above, only in the area of legal representation instead of medical care.  In the Collaborative process, there is an increased focus on the quality, rather than just the quantity, of legal services.  This change in focus is inherent in the agreement of the clients and attorneys that they will not go to court to resolve their conflict as part of the Collaborative process.  In the Collaborative model, clients meet with a team of professionals to share information, learn about alternatives that might not have been considered, and evaluate their options in an open discussion.  This provides clients with increased knowledge about their options, increased communication with professionals, and true decision-making authority.
172708699A friend of mine who knows I am intricately woven into the divorce-planning and alternative dispute resolution circles in the Minneapolis St. Paul metro recently asked me if I knew a certain divorce attorney.  He knew of a person who was not feeling too well about their choice of a divorce attorney.  I told my friend that I did not recognize the name. Being a little curious, I searched the web for this individual. What I found was that family law was one of about eight other areas of law this person practiced.  I wondered just how much family law this attorney does in relationship to all the other practice areas listed.  Little does my friend know, his question inspired my writing this blog post. Would you go to a painter if you needed a new roof?  Would you go to a heart surgeon for a fractured arm?  Hardly, you say. Why is it then when people have decided to end their marriage they first choose to see someone who is not a subject matter expert in the areas causing conflict between them and their spouse?  They want this person to fix all their problems when that person probably does not have all the skill sets to solve all of the issues that present themselves in a divorce.  I would submit that there is no one person who has all the skill sets necessary to effectively deal with all the intricacies of a divorce. Perhaps the conflict is about co-parenting the couple’s children.  Would it make sense to seek out a neutral child specialist to help the parents sort out the rough spots and more importantly benefit their children for years and really for their lifetime?  Maybe the conflict is over financial matters.  You would think a neutral financial specialist would be able to offer the most value to the couple in those situations.  A couple not able to communicate effectively may benefit the most by seeing a neutral divorce relationship coach who can help both spouses manage their emotions which in turn frees up the flexible thinking they will need as they work through getting unmarried.  If legal questions arise, you would think an attorney who primarily works in family law matters would be the best resource. What I have described above is the client centered team model approach to a collaborative divorce.  A team of professional experts in their own subject matter areas working for you and your family’s behalf.   If you would like to learn more about this respectful and dignified way to divorce without court click on www.collaborativelaw.org to check it out.
173299392Divorce is a crisis in the life of a family.  It is not actually a legal crisis, though it requires this expertise to ensure that legal resolutions are reached regarding financial matters. It is not a theoretical crisis. It is a genuine emotional crisis. What does this mean for children? Some years after I began my therapy practice with children and families decades ago, a researcher named Judith Wallerstein published the results of her longitudinal study on the negative impact of divorce on children. The data were a wake-up call, shocking to some, sobering to all. Mental health experts responded by saying parents and social institutions needed to be more attentive to the impact of divorce on children. A book was written advocating bird nesting—parents rather than children transitioning to and from the homestead—as an alternative “custody” arrangement for families (an option we now know to be a temporary rather than permanent solution). Questions began to be raised on the impact of parenting time arrangements that essentially minimized otherwise healthy and loving relationships between parents and children. At the time Wallerstein’s study was published, the options available for divorcing parents were largely adversarial in nature. The focus was “rights based,” not based on supporting co-parenting and keeping children out of the middle of the crisis. Many of the parents with whom I work attest to the emotional trauma they experienced when their own parents divorced. In fact, it is likely these divorcing parents were assured by their attorneys that “children are resilient—your kids will be fine.” But we know that children do not become resilient in a vacuum. They need adults to create environments of support and attention to their needs. Collaborative team divorce offers a clear and powerful alternative for parents who love their children and want to envision a hopeful future for them. Families work with a multidisciplinary team of professionals with specific skills and experience. Mental health expertise is woven throughout the process, both to specifically support children and to provide parents with the best possible grounding for effective co-parenting. If you want to know more about how your family can weather the emotional crisis of divorce with the most dignity and respect for the needs of your children, please learn more about Collaborative team practice at this link to the website for the Collaborative Law Institute of Minnesota.
459360497The world is full of divorce experts willing to give you “free” advice about how to handle your divorce. Divorce is so common today that everyone from your hair stylist to your parents are likely to have advice about how you should handle your divorce. There are several reasons why this amateur advice is almost always detrimental. Here are just a few:
  1. Lacking Context. The opinions that most people have about how to divorce is significantly biased by a small slice of information that is out of context. A divorce usually involves numerous issues. It is very difficult to know how one issue should be handled without having a thorough understanding of all of the other issues. Skilled divorce attorneys can help put these issues in context in ways that will help you get a better settlement.
  2. Emotional enmeshment. Many of your friends or families members may have an emotional reaction to your divorce that will alter their advice. Often that emotional reaction triggers a desire to protect you by urging you to take a more aggressive stance. This generally leads to stirring up acrimony that will actually make it more difficult for you to achieve your highest goals.
The Solution: Be wary of free advice. Make a distinction between the people in your life who can advise you and the people in your life who can provide you with personal or emotional support. All people going through divorce can use emotional and personal support to help them through a difficult time. Reach out to your friends and family to provide you with that emotional support and ask them to refrain from providing legal advice. At the same time, you should thoroughly research attorneys and even interview several people to find a good fit, and then select an attorney that you truly trust. Once you find a qualified professional that you trust to give legal advice, rely on the advice you are purchasing, rather than the free advice from friends and family members. To find attorneys to interview and to explain your options, go to www.collaborativepractice.org and www.divorcechoice.com.