Posted on
In this upcoming series of posts I will outline what I think were the most important decisions I had to make when in 2008 I began the journey to end my thirty-year marriage.  It is my hope that readers of these posts will be able to reflect on their own circumstances and either find guidance, reassurance, or be prompted to reflect further on their own situation and realize they are not alone in this journey. In this first post, I will write about what to me was not only the most important decision but also the most difficult.  Decision point number one was to come to the realization that my thirty year marriage needed to come to an end and that I was the one to make it happen.  It took me an incredibly long time to reach this point.  I now realize that maybe our divorce or “getting unmarried,” as I will refer to it from here on, should have happened twenty years earlier.  As I reflect back over the years, I believe the process of my becoming unmarried did begin twenty years earlier and not in 2008 when I took the initial steps to end the marriage.  I suspect many, although not all, marriages begin to end much earlier than the time when one spouse takes that first step forward. You see, I had actually started thinking of getting unmarried twenty years earlier.  At one point I went so far as to talk with a family law attorney, engaged that attorney, and later decided not to proceed.  Four years prior to my legally beginning the end of my marriage, I began going to counseling on my own.  I pleaded with my spouse to come with me but to no avail.  I continued asking, but after her repeated unwillingness I stopped asking and continued on my own.  I had spent two years talking off and on with the pastor of my church about our marriage difficulties and that I was seriously thinking of ending the marriage.  I felt like there was nothing more I could do. I am sharing all this with you because for me, and I am sure for many others, I had to know that to move forward with “getting unmarried” I needed to answer the question, did I do all that I could, with an unequivocal yes.  I’m sure if you asked my former spouse today, she would say I could have done more.  In my mind I really felt as though I did all that I could do and that is what mattered to me.  Holding this feeling was and is comforting to me as I continue to move forward in this journey called life.  How would you answer, have I done all that I could? If you are considering  “getting unmarried” or maybe you have already made that decision I invite you to travel along with me on this journey, as this transition in life continues.  Watch for the next post of “Getting Unmarried” Part 2; How to get unmarried.  In Part II I will talk about decision point number two, deciding for yourself how you want to get unmarried.  How are you going to do it? Read Getting Unmarried Part II: How To Get Divorced here. 
Posted on
The True Color of LoveWhile the divorce rate in the U. S. has been decreasing since its peak in the 1980’s, divorce rates for those over the age of 50 is at an all-time high. The divorce rate for this age group has doubled in the past 20 years. There are many reasons for this trend, including longer life expectancy, the increased financial independence of women, changing cultural values and the aging of the “me” generation of baby-boomers. The causes of gray divorces are varied. According to a 2004 AARP study of midlife divorce, the most common reasons given were abuse, infidelity, falling out of love, use of alcohol and drugs, and different lifestyles. Spouses who become “empty nesters” when their children leave home can find it difficult to find common ground. Those who divorce later in life have fewer remaining years in the workforce. This means reduced opportunity to accumulate assets post-divorce. Therefore, making sound financial decisions is critical to both parties’ future well-being. Valuing and dividing retirement plans, securing affordable medical insurance coverage for both parties, establishing and funding separate households, and analyzing cash flow at retirement require expert legal and financial advice.
Posted on
Wedding GiftHave you ever attended a wedding where the groom’s parents refused to be in the same photograph? Do you know a bride who had to keep her divorced parents separated during the reception? The resulting tension can be palpable to everyone and can taint what should be a joyous occasion for the loving couple. A recent New York Times article describes the additional stress felt by children of divorced parents both before and during their weddings. When exes have difficulty communicating with each other, planning the event is more complicated and stressful for their child, who may be forced to consult with each parent individually. If either parent carries lingering resentment about financial issues, conversations about wedding expenses can trigger unresolved anger. Questions about who will participate in (or even attend) the ceremony may arise if the child’s relationship with either parent was damaged by the parents’ split. All of this unresolved anxiety shifts the focus away from the bride and groom and the happy occasion. The good news is that it doesn’t have to be this way. Divorcing parents who choose the Collaborative divorce process are asked to articulate their dreams for the future. These goals typically include aspirations for a healthy co-parenting relationship and financial security for both parents. Setting goals empowers them to co-write the ending to their own unique divorce story. Doing so restores some sense of control during a turbulent time. Less resentment means a more peaceful future for the entire family. How a couple divorces has a ripple effect, impacting a wide circle of family and friends, with their children in the center. How they divorce will affect each and every future family event. What better wedding gift can any parents give their children than a day filled with loving support?
Posted on
Kids at zebra crossingAngelina Jolie has been a news-maker lately for her courageous decision to disclose her personal health care response to having a breast cancer gene. You may have noticed in her media interviews how often she has referred to “my partner, Brad Pitt.” Jolie and Pitt are among many parents raising children and creating lives together without being married. Some couples do this by choice and others by historic exclusion from the opportunity to get married (an inequitable situation that has changed with the recent passage of marriage equality legislation in Minnesota).

What support options exist for these families when parents make the difficult decision to break up? And what support options exist for parents who never formed a permanent relationship but intend to co-parent? What might Collaborative Team Practice have to offer these parents and families?

Collaborative Team Practice can provide a very stable container for parents seeking to end their partnership in a dignified and respectful way, and to create a road map for future co-parenting. Depending on the legal, financial and parenting issues to be resolved, parents can select a team of professionals specifically tailored to their circumstances and needs. As a neutral child specialist, I have been privileged to work with many non-married couples and non-coupled parents to create developmentally responsive parenting plans to guide co-parenting. These are clients who take to heart the notion that kids deserve the best safe parenting they can get from both parents. The future for these children feels brighter, more hopeful and more coherent.

It takes courage and mindfulness to co-parent after a break up, or if parents have never been in a committed relationship. But we know that effective co-parenting is a cornerstone of health and resilience for children. Parents deserve all the support they can get, and Collaborative Team Practice can help provide that support.

Posted on
MoneySpousal maintenance, or alimony, is one of the most difficult issues in divorce. How much? How long? Can it be modified? These are the questions that must be answered by divorcing couples. Faced with having to support two households rather than one, money is usually tight. Both parties wonder if they’ll have enough, creating fear all around. Clients ask me, “What would a judge do in my case?” The Minnesota spousal maintenance statute instructs the court to “consider “all relevant factors, including” and lists eight such factors. Predicting how a particular judge will apply the statute in a particular case is impossible. Looking at previous decisions in other cases involving the issue of spousal maintenance can also prove frustrating. Few cases are actually decided by the courts, and the facts in every case are unique, making comparison difficult. Minnesota is not alone in its lack of guidance on this issue. A recent article in the Wall Street Journal reported that several states are currently considering proposals to amend alimony laws. Some of the proposed changes include creating formulas to determine the amount and duration of spousal support. Others call for an end to permanent alimony altogether. While consistency and predictability are admirable goals, I question whether new legislation will produce fairer outcomes. Asking a judge to apply the law can be frightening. Having to live with a third-party’s decision can create resentment. So how can divorcing couples resolve this difficult issue without giving up control of the outcome? The Collaborative divorce process uses interest-based negotiation to guide discussion of spousal maintenance. A financial neutral (hired jointly by the parties) guides them, using the following steps:
  1. Help both parties identify their goals and interests
  2. Gather all relevant information regarding income and budgets
  3. Generate settlement options
  4. Evaluate settlement options
  5. Put the agreement into writing
The Collaborative process requires full disclosure of all financial information by both spouses and encourages honest, respectful discussion. Because both parties have actively participated in the creation of their support agreement, they can move forward with less fear and resentment. This process represents the best way I have found for divorcing couples to resolve this challenging issue. To learn more, visit the Collaborative Law Institute of Minnesota website.
Posted on

The most common mistake I have seen couples make during divorce might surprise you. It’s something that is done unknowingly. It’s done with good intentions. It’s something our culture has taught us to do.

So what is it? It’s choosing an attorney before choosing a process. When confronted with the reality of separation or divorce, your first step may be to ask friends, co-workers or family members for the names of good family law attorneys. Seeking a referral from a trusted acquaintance seems to make sense given the extremely personal nature of this legal event. It certainly is preferable to doing a Google search.

It’s important to realize, however, that, in addition to having varying degrees of competence, different attorneys use diverse methods of conflict resolution. A well-intentioned family member or friend may recommend a litigation attorney who is most comfortable in a courtroom. If you think you will need a judge’s help in reaching a fair resolution, you should look for a lawyer with this particular skill set. On the other hand, if you are more concerned about the impact your separation will have on your children, and prefer to maintain more privacy and control during the process, Collaborative practice may be a better process option for you and your family. If that’s the case, you and your spouse or partner should look for attorneys who specialize in the Collaborative process.

Separation and divorce are among life’s most challenging events. Choosing the right process first, then attorneys, is the safest way to proceed.

Posted on
Yoga - Tree poseWelcome! Namaste, as they often say at the beginning and ending of Yoga classes. If you are going through a divorce or separation, one of the best pieces of non-legal advice I can give you is to take up Yoga (or reengage with your existing practice with renewed determination). Now, you may be wondering: “What in the world is the connection between divorce or separation and Yoga?” Well, Yoga can help fight stress, depression and anxiety, among other health benefits, which are common health and wellness issues to address when you experience conflict in your life. As a Collaborative Practice Lawyer and Family Mediator, who works in the middle of family conflict on a daily basis, I have benefited from practicing Yoga as a means to reduce my stress level, to increase my resiliency to stressful situations and to improve my overall fitness level. If it works for the professionals you are working with, it could just as easily work for you. I recommend Yoga to anyone going through divorce or other family conflict or significant life transition.  Yoga just provides a nice mix of low-impact physical movement and increased stress resilience. There are many different types of Yoga, but in most western Yoga studios, Yoga practice is about connecting with your physical and mental self.  There is a focus on being mindful of your breathing and feedback from your body as you move through the poses or as you simply sit or lay still.  It often incorporates a portion of meditation practice that teaches us to observe our thoughts non-judgmentally which helps us further observe our physical reaction to our thoughts and feelings and, as a benefit, to feel less negative physical reactions to stress. To learn more about Yoga, you may want to check out your local Yoga studio(s), which you can find by Googling Yoga and looking through the local results.  Also look online at Yoga Journal.  I am a subscriber of Yoga Journal and have copies on-hand at my office for clients.  For my own personal practice, I’ve been very tempted to try out streaming online classes from myonlineyoga.com, which has a huge selection of classes and has a very low monthly cost. It goes without saying that it is incredibly helpful to be able to maintain a sense of calm during tense discussions (yes, even in Collaborative Practice!) about important things such as parenting schedules for the kids and different options for dividing assets and debts.  What if you could do a better job of keeping your cool and keeping your focus on your long-term goals and concerns, instead of how mad you are about what your spouse just said? Give Yoga a try.  Namaste.
Posted on
MoneyI read an interesting article in the Star Tribune this week, “Till Debt Do Us Part,” about the challenges faced by newlyweds with student loan debt, particularly when one partner has more debt that the other. This got me thinking about the strong connection between money and divorce. Money issues are the number one reason clients give me for the failure of their relationships. Debt is usually a contributing factor. In my career as a collaborative divorce attorney, clients have shared their very personal stories with me. Sometimes the story-telling is tearful and filled with regret. Other times it is angry and filled with resentment. Tension over finances can evoke negative emotions and poison otherwise loving relationships. In some cases, money issues are caused by factors outside of anyone’s control, such as job loss, a tough economy, or illness. The resulting instability can be temporary or long-term and affects the entire family. In my experience, however, disagreements about money arise when parties come into marriage with different attitudes and feelings about money. These differences gradually reveal themselves over time, eventually affecting other aspects of the relationship. Even marriages of caring, committed spouses are at risk. So how can divorce over money be avoided? Awareness is the first step. Each of us grew up in a family with its unique money culture. Whether we realize it or not, our ideas and values have been influenced by our childhood experiences. Many parents are reluctant to talk openly with their children about money, leaving the children to unknowingly form their own set of beliefs. Failure to recognize these hidden internal attitudes and assumptions in ourselves and others leads to misunderstanding and blame. The good news is that open discussion of money matters can help couples identify their differences and protect their relationships.  Key questions include:
  • How will we manage our day-to-day finances?
  • How much should we be spending vs. saving?
  • Which budget items constitute “needs” vs. “wants”?
  • Will all of our money be considered joint or will we each have our separate funds?
  • How does each of us define “financial security”?
  • What are our retirement goals?
These same questions are critical to couples who have decided to divorce. In the collaborative divorce process, a team of collaborative professionals encourages the couple to look closely at their finances as they establish separate households.  Rather than make assumptions, both spouses are asked to describe their goals. The settlement discussions that follow help to produce a settlement plan that achieves as many of their goals as possible. To find out more about the collaborative divorce process, visit www.collaborativelaw.org.
Posted on
ID-10018139In my Collaborative Divorce practice, I frequently talk to clients about identifying their “interests” in the divorce.  This is a difficult concept to understand, but is the key to reaching a resolution in a divorce that meets the needs of all family members. “Interests” are in contrast to “positions” in the divorce.  An interest is the motivation or value behind a particular position.  An interest is frequently inspirational and may be far broader than a position.  A position is a particular outcome.  The difference between an interest and a position is frequently illustrated by the following story. Two children were arguing over who would have the last orange in the kitchen.  They each took the “position” that the orange should be theirs.  Their argument included angry cries of “You had the last orange!” or “I was here first.”  Unable to resolve the dispute without resorting to blows, they brought the issue to their mother.  The obvious solution is for Mom to slice the orange in half and give each child one-half of the orange.  Seems like a good outcome, doesn’t it?  But at this suggestion the children were even unhappier.  So, instead, she asked each child what he or she wanted to do with the orange.  The first child replied, “I want to bake a cake.  I need the zest of the orange to add to the batter.”  The second child said, “I want to make orange juice.”  He needed the juice and the pulp of the orange.  Obviously, by understanding the underlying interests of each child, it was determined that both children could get what they wanted—the rind for a cake and the juice for orange juice. In collaborative divorce, this is called a win-win outcome.  Win-win outcomes are possible when interests are identified and the interests of all parties are met.
Posted on
Water liliesMost of us are familiar with the concept of holistic medicine. The importance and interdependence of body, mind and spirit in our overall health is becoming accepted in the world of healing. Less well known, however, is the Collaborative divorce process, which utilizes a holistic approach to help struggling families heal. Collaborative practice uses a team of experts who work with the parents and their children to achieve deeper resolution. Contrary to popular belief, divorce is not just a legal event. As countless couples in the throes of separation can attest, accusations about the past and fears about the future can make constructive conversation impossible. Frustration sets in and one or both parties “lawyer up.” So begins the all-too-often lengthy, unpleasant and expensive process of litigation, during which parents are often discouraged from communicating with one another. Fortunately, another option exists. In Collaborative divorce, both parties have Collaboratively-trained attorneys providing guidance throughout the process. In addition, they jointly use a team of neutral professionals to address their communication, financial, parenting and emotional issues. A series of meetings takes place in which these interdependent issues are discussed and resolved without court involvement. In this way, divorcing parties maintain more control over both the process and the outcome. Integrative medicine uses a team of specialists who communicate with one another to achieve optimum health for the patient. The Collaborative divorce process parallels this model by bringing together a team of divorce experts. This more humane method of dispute resolution can facilitate healing and result in a healthier post-divorce family.