It may be hard to believe, but 2014 is two-thirds of the way over. Did you set a new year’s goal that you have long forgotten about? Now is as good of time as any to set a new goal and hold yourself accountable. With the kids going back to school maybe you will be getting up extra early anyhow or have time after you drop them off at the bus stop to get a quick workout in? With schedules changing, now is the time to add a new health and fitness goal into your routine. With cooler temperatures and the leaves changing colors, fall is the perfect season to take up exercising outdoors.
Taking on a physical challenge, like running, after divorce is very common. It may be the desire to be in better shape, desire to prove to yourself that you can accomplish a goal, or maybe it’s just to pass the extra time you may now have, especially if you have children that are now being “shared.” Getting started in walking, running, or joining a gym not only boosts confidence, but it is also a great way to meet new friends. Do you need another great reason to start working out post-divorce? It’s a proven stress reliever, something everyone can benefit from.
Many fun fall runs around the Twin Cities have caught our eye recently – the Glo Run, Hot Chocolate run, Monster Dash, and turkey trots, oh my! Grab a friend, sign up together, and have fun doing it! You don’t have to be fast, it’s all about goal settling and doing something for YOU!
Parties going through a divorce need to understand that advocacy in the “rights-based” Court Model and advocacy in the “interest-based” Collaborative Model are different; and advocacy in each of these models feels different as well. Bear with me while I examine Advocacy in the “rights-based” Court Model in Part I in preparation for discussing advocacy in the “interest-based” Collaborative Model in Part II followed by the “power of neutrality” in Part III. Trust me, this is interesting.
In a rights-based model, “rights” are independent standards of fairness or legitimacy that are formally established in law or contract. Usually different rights or entitlements are at stake in a particular case. Here, each party and their attorney is playing to the decision-maker, e.g., the judge, or playing to a prediction of what the decision-maker would decide based on application of the law to the facts of the case.
As I listened to the appalling news out of Ferguson, MO, last week, I was especially struck by two things:
First, a veteran police officer, a retired chief of a municipal department, shared an observation that his officers made during unrest in his city, that when they were deployed in riot gear, officers invariably discovered that the situation became riotous. But when they met protestors wearing only their regular uniforms, they were able to talk to them and defuse many situations.
Secondly, early last week, Missouri Governor Jay Nixon put State Troopers under the command of Capt. Ronald S. Johnson, who grew up in the area, in charge of the police effort in Ferguson. Capt. Johnson, as pictured on the front page of the August 15th N.Y. Times, wore only his regular Summer uniform. He walked with protestors in the streets; he listened to them explain long-standing grievances. And the temperature in Ferguson cooled perceptibly–before additional tear gas and rubber bullets reignited passions.
I am not a cop. But the retired police chief–and Capt. Johnson–and I–all know from long experience that you will find trouble if you go looking for it.
Fortunately, my experiences as a divorce lawyer lack both rubber bullets and tear gas, but they are accompanied by strong emotions, usually expressed in the denigration of my client’s spouse. My client recites how dishonest, abusive, or uncaring the spouse is; how neglectful or clueless he or she is. It’s the opposite of the old lyric, “lookin’ for gold in a silver mine.” If those negative emotions bubble over, they’re invariably met with–SURPRISE!–the same feelings on the other side! And the case becomes even more contentious. The bigger waste, overall, is that the couple seems to believe that the family court system cares about this emotion. Apparently they believe that if the fight becomes bitter enough, someone will “win”. These folks could have been the inspiration for Elton John’s lyrics in “Honky Cat”:
“It’s like trying to find gold in a silver mine. It’s like trying to drink whiskey from a bottle of wine.”
Collaborative Process was conceived as a problem-solving exercise, based on a belief that husbands and wives might put their children’s welfare before their own. When I can get my client to take that leap of faith, s/he is often astounded to discover that, because they’re not spending the time fighting, both of them are able to make decisions that directly benefit the entire family. When my client starts out believing that their spouse also wants to complete the process and care for their children, they discover–SURPRISE!–that the spouses do. And when that happens, they’re more willing to listen to the variety of ways in which that could occur. Time and energy are now spent devising productive ways to reorganize their family.
If you’re looking for peace by waging war, don’t expect to find it. If, on the other hand, you start out waging peace . . . 
The kids might not be the only ones headed back to school this fall. Divorce forces many parents back into the workforce, and for some, even back to school. Divorce can initiate some dramatic changes in your lifestyle, and it make you re-evaluate yourself and your career. Some former stay at home parents are now looking for an enriching way to increase earning potential by going back for a degree they never finished, for a new degree, or for some it may be their first time in college. Divorce forces many people to take a risk, to do something for their selves, to strive for personal growth and to set goals, which is why many decide going back to school is a good option for them.
When evaluating if going back to school is the right option for you consider that your goals are: Are you hoping to begin a new career? Advance in your current career? How long will it take? What will you be able to earn when you are finished? Consider the cost: Ask your attorney about whether continuing your education post-divorce will affect your spousal maintenance. Check with your employer to see if they cover any of the cost. Discuss your financial situation at the college’s Financial Aid office to see if you may qualify for any grants or scholarships, and of course, compare tuition amounts for schools in your area.
Typically called, “non-traditional students” divorcees, over 35, and typically women, make up a good percentage for the student population at community, private, and online colleges, which usually offer flexible schedules and work at your own pace credit loads to graduate. It is not easy taking a risk and making a big commitment to go back to school, but if you decide that going back to school post-divorce is for you, rest assured that you are not alone. 
How to provide financially for children after divorce has been a much-discussed topic for decades. Courts have traditionally used child support guidelines established by state government to calculate a monthly payment from one parent to the other. The Minnesota guideline child support calculator incorporates a number of variables, including both parents’ incomes, number of children, parenting time percentages, and children’s medical and day care costs, in arriving at a monthly payment amount. While statutory formulas produce a number, they don’t always resolve the issue. Many unanswered questions may remain, such as:
“Is summer camp included in my child support payment?”
“Do I have to contribute toward dance lessons on top of my child support?”
“Our child needs private tutoring … does my ex have to pay half?”
“Who pays for hockey equipment and ice time?”
Ambiguity often results in conflict. Some couples return to court again and again to try to resolve questions like these. The emotional and financial costs of repeated court appearances add up in a hurry.
The Collaborative divorce process takes a different approach toward paying the children’s direct and indirect expenses. Parents compile a list of their kids’ direct expenses (clothing, haircuts, school lunches, daycare, summer camps, extracurricular activities, etc.) and then discuss options for paying these expenses. Some couples decide to fund a joint children’s account to be used solely for enumerated expenses. Others divide the expenses with mom paying some and dad paying some. Others decide to use the guideline calculator, spelling out how any additional expenses will be covered. Indirect expenses (housing and food) are included in each parent’s budget and are usually part of a more general discussion about support. Collaborative support agreements typically include periodic reviews allowing for adjustments as parents’ incomes and the children’s needs change. Plans like these can preemptively avoid repeated unpleasant discussions in the years following divorce.
If you are interested in learning more about the Collaborative process, please visit The Collaborative Law Institute of Minnesota’s website. 
It seems it’s nearly inevitable that at some point we all have a friend going through a divorce. The support we offer during that trying time can often set the precedence of the friendship going forward. The same holds true for someone battling a disease like cancer; whether you turn your back and quietly whisper or are brave enough to offer support shows not only the value or your friendship, but your true character.
So how can you help? First and foremost, be a good listener and offer emotional support. You don’t have to have all the answers, but listening intently and letting your friend know that you are there to listen or be a shoulder to cry on anytime, day or night, is important. Remind them that are worthy of happiness.
Constantly reassure them. Reassure them that a divorce is not a reflection of who they are. Reassure them that they are an amazing person, and that you are there for them whatever happens. Be aware of the divorce emotional cycle. Your friend will be feeling so many emotions that will constantly be changing. Reassure them that they have the right to their emotions and that healing is a long process that no one can put a timeline on. Have compassion and allow them their feelings and validate their need to process things in their own way. Remind them that divorce does not define a person.
Eating is probably not going to be at the top of their priority list, not to mention stomaching a full meal with a broken heart. Cooking for one is no fun, so providing them with small meals and healthy snacks can be helpful. Also if they have children to feed, providing meals they can quickly throw in the oven and not have to work about shopping and meal prep would be a huge help. Be adventurous – try a new food that you’ve never tasted before. Spice up your grocery list with 3 (healthy) new items to try.
Offer your friend a place to stay, help looking for a new house or apartment, moving help, etc. On top of possibly needing help physically packing or moving, ask if they need help getting things sorted out with bills, budgets, and finding a divorce support group.
Get out and about. Try new things. Say YES to something new. Activities are important. Take a walk together, try out a new restaurant, summer outdoor concerts, go for a bike ride, try out a new sport, and stick to the ones you love. Every day, learn at least 3 new words of a language you admire. Create a bucket list. Write down your biggest dreams – and take little steps in making them happen.
Be a positive part of their life. Offering support doesn’t have to mean spouse bashing, simply listening when they need to talk and planning activities to help them take their mind off things for a bit can be a world of help. Find the joy in the everyday. 
One of the most valuable outcomes of Collaborative Team Practice for many families is how respectfully the process helps prepare parents for effective co-parenting. Lee Eddison, a very experienced neutral coach in Collaborative Team Practice, aptly describes this as a transition from We (a married couple) to a different kind of We (co-parents).
In Collaborative Team Practice, the expertise to make this transition is available from two mental health professionals on the team, the neutral child specialist and the neutral coach. The neutral child specialist offers a child-inclusive process to assist parents in the creation of a developmentally responsive Parenting Plan. The Parenting Plan lays an important foundation for effective-co-parenting with detailed agreements about decision making; communication; parenting expectations, routines and guidelines; and parenting time. This foundation is considerably strengthened when parents also create a Relationship Plan with their neutral coach.
The Relationship Plan is a set of clear and specific agreements about how parents can communicate effectively and resolve potential or actual conflicts in a productive manner once they have completed their divorce or separation and are on their own. The Relationship Plan is not a list of cookie cutter recommendations or generic advice, but is specifically tailored to the unique needs and concerns of each family.Included in the Relationship Plan are agreements about necessary boundaries to define safe emotional, physical and communication space for co-parenting.The neutral coach helps parents be specific about what words and behaviors from a co-parent would feel respectful and supportive, what could easily trigger negative emotions, and what to do if negative emotions are triggered. The Relationship Plan helps parents anticipate and prepare for a number of sensitive and potentially complicated interpersonal situations that frequently arise after a divorce or break up.Creating a Relationship Plan also provides an opportunity for parents to articulate and build on their own and their co-parent’s strengths.
In my experience as a neutral child specialist, parents who invest the time and resources to create a Relationship Plan with their neutral coach have prepared themselves as fully as possible for their lifelong relationship as co-parents. On behalf of their children, what could possibly be more valuable than that?
Starting a divorce can be difficult, particularly if your spouse believes the marriage can be saved. How you have this discussion may make a major difference in your life, particularly if you have children. In my thirty years of working with divorcing clients, I have found that avoiding mistakes at the very beginning of the process is crucial to the future of your family.
The most common mistake is moving ahead without being fully prepared. Here is a quick guide to the type of preparation that I believe will make the most difference.
- Make sure you clearly explore your reconciliation options. Before you start down the path toward divorce, make sure that you are doing the right thing. This is important for you, and your children and will help your spouse become more accepting of the divorce if that is what ultimately needs to happen. There are many new ways to explore the divorce decision, including discernment counseling which is designed to help you determine whether your marriage can be saved. To learn more, go to the Doherty Relationship Institute website
- Make sure you understand the various options for how to divorce. There are many different ways to move ahead with divorce, including Collaborative Divorce and meditation. There are many good professionals who will explain all of the options, without charge. To learn more, go to www.collaboratiavelaw.org. or www.divorcechoice.com.
- Once you have chosen a method of moving forward, carefully plan the way of telling your spouse about the divorce. If there is any danger of abuse, make sure you consult with experienced professionals to make sure that you are aware of the safest possible method. If there is no danger of physical abuse, but have significant concerns about possible verbal abuse, make sure that you are in a public place so that you can leave if things get uncomfortable. If possible, consider having a counselor, clergy member or mutually trusted friend or family member present during this important discussion.
- Focus on the “Big Picture” and your long term goals. Sometimes divorce can create a “crisis mentality” that can cause people to lose perspective on what really matters. Focusing only on the issues that feel urgent can displace the need to focus on what is truly important such as the well-being of your children or your general health.
The school year brings on new challenges as flexible summers come to a close and more demanding schedules begin. If you are like most parents of school age children, not only are the kids going back to school, but the activities and sports schedules also start to pile on. Here are our top 10 tips for co-parenting that will save your sanity this school year.
- Fine turn your parenting plan NOW. Don’t wait until the middle of September after a few hiccups have ready occurred.
- Who’s paying for what? If you haven’t already sat down with your ex to discuss this go grab coffee and decide who is paying for school supplies, clothes, school fees, daycare/afterschool care, sports and activities fees, etc. Map this out now to prevent an argument later.
- Revisit and outline who has custody for which holidays this school year. Spring break may seem like a lifetime away right now, but now is the time for those discussions.
- It’s inevitable – kids get sick. Make sure you are on the same page with a plan in place on who will stay home or pick up the sick child. Will you rotate, do it based on who has custody that day? You decide what works best, and plan for flexibility, but don’t wait until you are on the phone with the school nurse to decide.
- Speaking of sick kids, assuming which parent providing medical insurance is already set, decide who is going to pay the uninsured medical costs, co-pays, etc.
- Run-down of your regular weekly schedule, which provides appropriate time for each parent. Does is work better for Mom to pick up Matt after soccer practice and take him to Dad’s even though it’s Dad’s night? Parenting schedules will never be black and white, so plan for some flexibility, while preparing for multiple scenarios.
- Transportation. Discuss who is driving to school, activities, drop offs, pick-ups etc. Will you be meeting half way to drop off/pick up or at each other’s houses. Are each other’s spouses/significant others “approved” to do so?
- Saving for college. Whether there is no money is the budget to save and the “plan” is to wait 2 years to start, or one or both of you can start now, decide who, how much and where the money is going to: savings account, 529 College Saving account, etc.
- Introducing new significant others into the mix. Make sure this is discussed now before feelings are hurt later on when mom unexpectedly meets dad’s new girlfriend at pick-up or find out that the kids meet a new boyfriend without dad knowing.
- Communication. Last, and the most important tip is communication. The communication you have with your ex will ultimately reflect the relationship you have with your kids. It may not come easy, but continuing to improve communication is best for all parties.
The Collaborative divorce process is one of many ways to divorce. It’s not for everyone. So how do you know whether it is right for you and your spouse or partner? Here are a few questions to help you decide:
- Do you want your children to be in the center rather than in the middle?
- Do you want your lawyer to be a wise counselor rather than a hired gun?
- Are you willing to be in the same room with your spouse or partner?
- Are you able to speak for yourself and articulate your own goals and interests?
- Are you open to solutions that respect both your and your spouse’s interests?
- Do you want to focus on future solutions rather than past disagreements?
- Do you want a comfortable co-parenting relationship with your former spouse?
- Are you willing to experience and live with some discomfort at times during your divorce?
- Do you want solutions that take into consideration the uniqueness of your family?
- Do you want to model healthy dispute resolution for your children, friends and family?
- Do you want to be able to look back on your divorce and feel good about both the outcome and how you handled yourself during the process?