Mental Health Archives | Collaborative Law Institute

August 22, 2020April 5, 2023

Divorce is never an easy topic, nor should it be an easy answer – but what about during a pandemic? Is disrupting your family’s life to separate into two households the right thing to do when a pandemic is taking place?

There is never going to be a “right” time to divorce. Once a couple figures out either on their own or through counseling[1] that their problems cannot be solved, a constructive divorce is often the next step.

Courts are open and those cases that can be resolved without any court hearings are moving more rapidly than ever through the now virtual court system. The collaborative divorce model has been around for awhile, but using it now during the pandemic can make your divorce more efficient, while still bringing in the professionals as needed for your particular situation, including financial planners, mortgage brokers, child specialists, divorce coaches or mediators.

Collaborative may be the right process for you if you want the following:

To stay out of court,
To work things out on your own,
To make a plan for the future for both parties looking at your family’s interests and needs,
To maintain a private, safe environment to exchange ideas and options,
To put your family first.

Collaborative Divorce is not going to be about winning, revenge or punishment. Rather the collaborative process requires both attorneys and parties to focus on interests and goals instead of positions through a series of joint meetings. Traditionally these meetings were held in person, but the same meetings can now take place virtually and everything can be handled online. Starting the process now may be just as good as any other time.

You can find more detailed information about collaborative practice and look for professionals to help get you started at the Collaborative Law Institute of Minnesota.

[1] Discernment Counseling is a type of limited scope counseling that helps couples or individuals determine whether to work on their marriage or keep moving towards divorce. See University of Minnesota Couples on the Brink project.

Author: Angela Heart, Heart Law, LLC

Angela is a collaborative family law attorney at Heart Law, LLC. Her mission is to enable and empower divorcing couples to have a smooth transition that is family focused during a life changing event. To find more information about Heart Law go to www.heartlaw.net.

May 20, 2018

April is Autism Awareness Month, the two month anniversary of the Marjory Stoneman Douglas High School shooting, and the 19^th anniversary of Columbine. Why talk about ASD and school shootings in the same sentence? And why a divorce blog? I will get to that. But as a lawyer-mom, these two issues are at the forefront of my mind, and probably the minds of many parents and educators these days. We should rest assured that our kids would know what to do during a lock-down because they have spontaneous drills throughout the year, right? Ugh…what am I saying? The fact that kids NEED lockdown drills is downright outrageous! Nonetheless, I wondered what the younger kids are told and what happens during these drills. Well, lucky me, when I recently volunteered in my son’s elementary school classroom, the school had a lock down drill. And one word sums up the experience: chilling. Lockdown drills are very different from the fire and tornado drills we had as kids. I’m sure everyone remembers the fire drills – exit the classroom quickly and get away from the building. Or the tornado drills – go out to the hallways, away from the doors and windows, and cover your head with your hands. Up until about 1999, THOSE were the drills Minnesotan kids experienced. In fact, most the time, much to our teacher’s chagrin, we were laughing and joking around. A lock down drill, however, has a very different vibe. The kids must be EXTREMELY quiet. They huddle into a specific area and are instructed to remain eerily still. This had been a bustling class (and school) just moments before, but now it was so quiet, you could hear a pin drop. This was a class of 30 second graders, so I was stunned at the deafening silence. Just when I thought it was over (it seemed like forever, but was probably two minutes) someone rattled the door handle. Forcefully. Not a peep from the kids, but I jumped. Luckily, they didn’t see me or they might have erupted into giggles. We had to continue to remain quiet and motionless. Interestingly, I don’t remember what happened next; that is, I don’t recall if there was a bell or another signal indicating the drill was over (I think I was sort of in shock). The kids went about their business, working on their projects, like it was no big deal. Only it was a big deal. At least it was to me and the other adults in the room. I just looked at the staff, wide-eyed, and shook my head. School lock downs are now a reality for school-aged children. It makes my heart ache. I asked my son that evening why they have lockdowns and he nonchalantly said it was in case anyone wants to break into the school. That was it. Simple enough. But as we grown-ups know, there is nothing simple about this. My son is a “mover and a crasher,” so I was relieved he made it through the drill. But I thought about the other high-needs/special-needs kids in his school. For any child who has physical needs or doesn’t cognitively understand the drill, simply can’t be quiet and remain calm, needs to move, or overreacts when accidentally bumped or touched by a classmate, what would that child do in this drill? Or, God forbid, in a REAL situation? With more and more kids being diagnosed with ASD, what protocols are in place for them? Is there a special section in their IEP about drills? There ought to be. This made me think about special-needs kids whose parents are going through a divorce. The teachers are aware of kids’ needs (or should be). So, too, should the divorce team. A child’s symptoms often reemerge or worsen when they are stressed, which could happen during parental conflict and/or separation. Child specialists can work with the parents and the child’s pediatrician and/or therapist to help create a parenting plan that is in the child’s best interests. Like it or not, otherwise fit and loving parents need to work together for there children’s sake. Fortunately, the Collaborative process can help parents really focus on their kids, by putting them in the center, rather than the middle, of the divorce process. Every family situation is unique. Every family and every child deserve a creative plan to help move them forward, restructure, and get to a new “normal.” Drill and lockdown protocols included.

March 4, 2018

OK – this has nothing to do with divorce – or maybe it does. Valentine’s Day. Yes, I know, it was two weeks ago. And for people going through divorce, Valentine’s Day was perhaps just another day. On the other hand, if you have young children, they exude an energy on Valentine’s Day that helps remind us of the deep and unconditional love we feel for our kids. This year, I can’t help but think about the students at Marjory Stoneman Douglas High School in Florida. Going forward, what will Valentine’s Day mean to THEM? Will it be a reminder of the terror, shock, and incredibly grief they experienced? And for the parents of the victims, what will the day represent? Locally, and just one week after the Florida incident, Orono High School was on lock-down due to a threat from a student who is on the autism spectrum. Minnesotans are educated and smart and we know that kids with ASD are not dangerous. The community of Orono responded in a very Minnesotan way: a GoFundMe page was created for the family of the child who made the threat. Unfortunately, the boy is sitting in Hennepin County Juvenile Detention Center where a kid with ASD absolutely does NOT belong. Some kids on the spectrum may be impulsive and may not understand how their actions can impact others. They can’t always articulate how and what they feel, so they may not feel heard or understood and may respond in an extreme manner. They aren’t trying to be difficult or make inappropriate choices. But they can’t always discern socially acceptable behavior. The agony this poor boy and his family must feeling! This might be the first time where the perspective of the “actor” in a school down is illustrated, and more empathy and compassion are generated. I feel for ALL the families involved. School lock downs are now a reality for any parent with school-aged children. It makes my heart ache. And so many hearts were truly shattered this Valentine’s Day. Yet here we are, a week later, and a family’s heart is breaking in Orono. It’s overwhelming to see a community embrace this child and his family. But then again, it DOES take a village. So let’s take better care of our village. Let’s take better care of our kids…ALL our kids. Let’s embrace the big and small. Athletic and musical. Quiet and loud. Different and unique. All kids with all abilities. We can do this if we: put down our devices and listen, really LISTEN to our kids. Listen to our neighbors’ kids. Play hide and seek. Yes, I’m serious. It’s fun! Play Chutes and Ladders…again (ok, not so fun). Read Captain Underpants for the umpteenth time. And laugh – genuinely laugh! Your kids will love you for it! And…reduce kids’ screen time and get them the heck off social media. They don’t need it. They WANT it, but their brains just…can’t…handle it. And to be perfectly honest, maybe our grown-up brains can’t either. Instead, dust off your old copies of Charlotte’s Web, Nancy Drew and the Hardy Boys, and Harry Potter. Have your older kids read to you. You’d be surprised what you might learn this time around.

January 13, 2018

Empathy is the word for the capacity to understand another person’s perspective or experience without necessarily agreeing with it. Empathy allows humans to be in synch and resonate with each other in spite of differences. There is plentiful scientific and anecdotal evidence that humans crave the sense of being understood. Feeling recognized and understood is one aspect of dignity and the belief that one has inherent worth as a human being. From my experience, I would like to share a few examples of how empathy can lead to wise decisions during a separation or divorce. A young woman with whom I have a professional relationship recently told me that the nesting arrangement she and her spouse were using to ease their children’s transition during their divorce had become too difficult to maintain. She essentially felt homeless and ungrounded, moving from the homestead to a shared apartment when on and off duty with the kids. Her take-away from this experience was deep empathy for the task children face when needing to transition from one home to the other. She said, “I completely get why we need to each have all the things our children will need to be comfortable in both homes, and why we should not ask them to pack suitcases for a transition. They will need our patience and understanding as they get used to this.” Some parents with whom I worked on a parenting plan had empathy for the difficulty extended family members were experiencing as the holidays approached. They recognized that people with whom they had been close didn’t know how to act, or whether to invite soon-to-be former spouses to events or holiday gatherings involving the kids. In one case, a parent had misinterpreted silence as rejection, only to find that it was borne of confusion and sadness. These parents decided to send a We Statement to both extended families, describing the respectful, collaborative process they were using in their divorce and the hard work they were doing to transition from a married couple to effective co-parents. They said they welcomed questions and hoped for loving support for their children and for them as they made this transition. My third story of empathy involves a teen and his parents. He worried that his mom’s feelings would be hurt because he wanted to continue working out at the home gym in his dad’s house, and not with the equipment his mom had purchased while expressing the wish that work-outs could occur in both homes. He appreciated her gesture, but knew that his dad was experienced in spotting him and managing the work-out sessions, and his mom was not. He understood that his mom wanted something special to do with him too, and we came up with a plan for his mom to give him cooking lessons (another interest of his) because she was a wonderful cook. His parents also showed empathy for their son’s dilemma, and when given this feedback told him he was free to spend time at either home to enjoy special activities even if it wasn’t that parent’s official parenting time. The ability to be open and responsive to how another person thinks or feels is one of the gifts of being human. It is also a healing force during times of distress and crisis. Being empathetic demonstrates strength, and experiencing empathy is one of the foundations of resilience for kids.

July 17, 2017

About 3 and a-half years ago, a family in the Collaborative Divorce process was working with the Neutral Child Specialist . It was stated by my client that dad’s alcohol use was the primary basis for her seeking the divorce. She couldn’t take it anymore. She had been involved in Al-Anon and working on no longer being codependent and practicing stronger boundaries. Dad denied that he had any problems. Mom wanted their teenage daughter to have a relationship with her dad, but wanted it to be a healthy relationship that didn’t put her at risk. What came out in the work with the daughter was that she experienced her dad drinking and driving and she only wanted to spend time with dad when she felt safe.

During the process of creating the parenting plan, the Neutral Child Specialist arranged for a meeting the parents both agreed to attend in which it could be determined, and possibly ruled out, whether dad did have any problems with substance abuse. This happened because of how the team of lawyers and professionals worked together thinking about the greater good of the family system. But at the meeting dad wasn’t ready to hear it, and again said he had things under control. So, a parenting plan was created that gave daughter the opportunity to have time with her dad in smaller chunks of time, but have a mechanism in place to end the time if she ever felt at risk. Mom could also say no to time if she had a basis to say that dad was under the influence. They created details that both parents, and their child, felt comfortable with because they could focus on what was needed for the child to feel safe as well as the importance of the parent-child relationships. After the divorce, about a year later, I received a note from her client. She said that dad was finally pursuing treatment with the two professionals the Neutral Child Specialist had arranged the meeting with during the work on the parenting plan. She said that dad finally hit bottom and was ready to begin his recovery. When I look back on this case, I believe that a seed was planted and a relationship was started with people that dad could finally hold his hand out to for help when he was ready. And, because you can not force someone to make change before they are ready, a parenting plan was created that was responsive to the needs of the child. The dad was not dragged through the mud and vilified, and denied access to his child. Rather, a child responsive plan was put in place and now this family is on a better path. The mom said in a note to me, “I really appreciate the entire collaborative team. The support through this most difficult time was immeasurably helpful. I found [your] and the team’s understanding, when dealing with a substance abuse spouse, extremely insightful. [The Neutral Child Specialist] was direct, yet kind in dealing with both [dad] and myself. The entire team had our daughter’s interests at the forefront. [Dad’s] attorney also was helpful in this aspect, aware of the pitfalls in dealing with an alcoholic….thank you…in helping me through this, supporting my goals and providing a positive environment.”

May 8, 2017

Remember hearing that as a child? I do. I said it. I believed it. And then I didn’t. Names DO hurt, even if they aren’t “really bad, mean names.” They can burn a memory into your brain that can haunt you. My son, who is six, is one of the younger children in his 1^st grade class. Next to his 2^nd grade soccer buddies, he’s a bit vertically challenged, although he’s considered “average” in height. Nonetheless, when he came home in tears the other day because an older child called him “shorty,” he undoubtedly felt the sting of name-calling. Welcome to the real world, my sweet, darling son! We have all experienced it, to some extent, and it stinks.

Rather than utter that renowned phrase to my son, my collaboratively-trained lawyer brain went into “better-get-more-information” mode. The conversation went like this: Me: How did that make you feel when he said that? Son: Sad. Me: Mmmmm….I can see that… Son: And angry… Me: Definitely! (Pause). So, what happened next? Son: (without missing a beat) I grabbed the ball out of his hands, dribbled it down the court, and made a basket. Me: (Stunned!) Wow! That is AMAZING! (Beaming with pride…that’s my boy!) So, my son “shows up” this kid by making a basket, yet he was still upset (hours?) later and recalls the name-calling rather than his awesome basket?! This certainly illustrates words have a HUGE impact on others, whether we realize it or not. It doesn’t have to be name-calling, either. It can be just the language we use and the way we say it. The tone in our voice can turn an otherwise innocuous comment into a heated argument. So…STOP. Take a DEEP breath (and maybe throw a stick at some THING). THINK before you speak, and CHOOSE your words carefully. Then go shoot some hoops.

September 7, 2016

Although happiness can sometimes seem elusive, keeping in mind the 5 Simple Rules for Happiness below will help:

Free your mind from hatred
Free your mind from worries
Live simply
Give more
Expect Less

It struck me one day that The Five Simple Rules for Happiness are at the core of virtually every major religion’s doctrine for living – be happy by being good. It is a manifesto for living an exemplary life condensed down to 16 words. While they may be simple to list, we all know they are far from easy to abide by. So, while they may be called Rules, I suggest looking at them as Goals toward which to aspire. The first step to embracing the Five Simple Rules should be to step back and take a hard look at the habits, attitudes and expectations you have that create roadblocks to happiness. It is easier to create new habits if you fully appreciate the negative consequences of your old habits. Trying to be a little bit better at all the Rules is a first step. However, embracing #5, Expect Less, may give you the most happiness bang for the buck. Stop expecting that if you buy new stuff it will change your life. Stop expecting that people will consider how their actions will affect you. Stop expecting that one day your life will be perfect. By learning how your subconscious expectations influence your entire life, it makes the rest of the rules more achievable. There seems to be nothing “simple” about the Five Simple Rules For Happiness. Yet, if we would all try daily to apply them to a small degree, then we would find that the happiness we truly desire will come to us all the easier.

September 6, 2016

As many know, 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. A potential client recently came in for a consult and, as often is the case, her husband was struggling to move forward in the process. They were at very different points on the divorce readiness scale – she was ready, he was not. This is quite typical. The other spouse is sometimes called “reluctant” or “in denial.” When one spouse is looking for a non-adversarial, out-of-court alternative (like mediation or 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. This potential client said something very interesting to me. She said, “I know I am committed to collaborative divorce, but I am learning that this does not have to be a collaborative decision.” This realization was profound. She realized that she could control the process (with her husband’s agreement), even if her husband 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. To learn more, contact Kimberly Miller.

August 17, 2016

My husband and I were taking our kids to swimming lessons when we saw a man and woman standing outside the facility arguing. The anger and negative energy were palpable. While still in the parking lot, we met up with another family we know, and we exchanged uncomfortable glances as the conversation between this couple became more heated. “Awkward,” my friend whispered. As we approached, I could hear what they were arguing about, and the expletives were flying (this is a family place, mind you, and my kids were five and two at the time – yikes!) The woman was saying, “I don’t give a $*&^ what you think. You can’t have that #$&* sleep over when it’s your weekend with our son. You are such an ^*&+@! We aren’t even divorced yet.” My five year old glanced up at me with an odd look on his face. Oh boy. I wondered if they had attorneys and what process they were using. Even though I see this sort of conflict on a regular basis, it was very uncomfortable to witness. I’m not sure if my discomfort was because I couldn’t do anything about their conflict (I was there as a mom, not a lawyer) or because my children were in earshot. For a fleeting moment I did, however, consider going up to them. I felt compelled to inform them there is a better way to deal with this “stuff” and that a child specialist and divorce coach could get them to a better place regarding “adult sleepovers.” That was the lawyer in me. Since we were running a bit behind, however, the mom in me picked up my two-year-old and hurried my son through the door. Either way, I felt bad for this couple, and even worse for their child. I wondered how old their son was and if they had made a scene near the pool when they decided to “take it outside.” I will never know how their divorce turned out. I can only hope that things cooled down at some point so they could focus on co-parenting their child. It’s understandable that emotions are highly charged during a divorce, which is the reason a divorce coach and child specialist are incredibly helpful during the process, as well as a therapist or counselor. Stop. Breathe. Think. And talk to a mental health professional.

August 4, 2016

Making online connections is easier than ever with modern social media apps. It is not necessary to know someone at all, let alone to know them well, in order to see their profiles and get an idea of who they are and what kind of life they lead. In times before this technology, community life and networking were very different. Getting to know someone happened face to face, and gossip was spread by word of mouth. With everyone having technology in their pockets these days, deciding who is relevant to your life seems like an easy task. The everyday interactions we have with people while out and about are often with perfect strangers, and not many of us put much effort into these encounters. Treating any person you meet with respect and dignity is a basic human courtesy, but in the midst of our busy schedules, we often forget this. In All I really Need to Know I Learned in Kindergarden, author Robert Fulghum sums up relationships in communities like this:

“Without realizing it, we fill important places in each other’s lives. It’s that way with the guy at the corner grocery, the mechanic at the local garage, the family doctor, teachers, neighbors, coworkers. Good people who are always “there,” who can be relied upon in small, important ways…. And, of course, we fill that role ourselves. There are those who depend on us, watch us, learn from us, take from us. And we never know.”

If you assume your neighbor is not relevant to you, you may never realize who they actually are. Paying attention to the real people that live down the street is just as important – more important – as curating an impressive list of LinkedIn connections or Facebook friends. Consider making a connection with the person behind the online profile.