133791230-tin-can-communication-gettyimagesListening to the voice of the child is increasingly becoming a mainstream concept in family law.  This is a welcome development, as careful attunement to children’s perspectives and needs can guide resolutions and parenting plans that are truly in the best interests of children. Having worked with children of all ages for many years,  I am aware that the language of children has its own rhythm and cadence.  Children do not always use words to express their inmost feelings and concerns.  Very young children express themselves through play and behaviors rather than spoken language.  When distressed, young children may temporarily regress to earlier behaviors.  This is a normal process, but may need professional guidance to resolve if it becomes persistent, especially when accompanied by patterns of anxiety or angry outbursts. At the opposite end of the developmental spectrum, one of my favorite essays about teenagers is entitled “Please Hear What I am Not Saying.”  Children, especially adolescents, often have difficulty expressing their feelings directly. To fully understand their child’s experience, parents need to be observant of patterns of behavior that may indicate feelings the child is unable or unwilling to express directly.  Asking a child, “What’s wrong?” or “Why are you acting that way?” may not yield much information.  Another approach is to express empathy and the offer of support, “It looks like something is bothering you.  I’m here if you want to talk about it.”  If a problematic behavior pattern persists for more than a few weeks, it might be the right time to consult with a child or adolescent therapist to get neutral, professional help in decoding the problem and helping your child find healthy ways to cope. Consulting with a neutral child specialist during the divorce process can enhance your understanding of your child’s perspective and feelings.  Collaborative Team Practice is designed to provide a sounding board for all family members during a difficult time of transition.
162715859-stack-of-books-gettyimagesIn the wake of your divorce you might be asking yourself, “Is it better to have loved and to have lost, or to have never loved at all?” A truly soul searching question. On the one hand you can look at life being about the journey, full of highs and lows along the way, and on the other hand one could wish that pain and that marriage to have never occurred. If you had children with your ex the natural response would (generally) be that without that relationship you wouldn’t have your children, so pain and all it is better to have loved. Obviously there is no right or wrong answer to this question, but what can be learned from a failed marriage? Lesson 1: You are responsible for 100% of your own actions. It’s easy to play the “blame game” but at the end of the day how you react (or don’t react) to situations and conversations is entirely on you. When reactions are fueled by anger, or other strong emotions, its natural to blame those who angered us, but ultimately the choices we make are truly our own. Lesson 2: You can choose to have a positive or negative outlook. Even in the most grim divorces, you have the choice of perceiving that your future will be optimistic or pessimistic, but one thing is for sure, if you choose to have a negative attitude and outlook, chances are good it WILL be undesirable. By releasing the negative energy, you allow for positive things to start happening, even in the darkest of your days. Lesson 3: Although your marriage failed, YOU are NOT a failure. In the early days of your divorce you might have spent a lot of time reflecting on what “you” did wrong. It is natural to take this approach, and while self-reflection can be very beneficial to both you and for your future relationships, it is important to remember that you did not fail, your ex did not fail, and together you did not fail. Simply put your marriage was unsuccessful, for whatever reason(s), but you are still capable of a happy, successful, and triumphant future. Embrace your journey, no matter how long, scary, and difficult it may be. Challenging voyages often lead to beautiful destinations, with many lessons to be learned along the way. You will never be the same person that you were before your marriage, but with the right perspective you will be a better person, regardless of the circumstances. What has been the greatest lesson that your failed marriage has taught you? Let us know in the comment section.
Most couples have rather specific roles in their marriage. After all, a marriage/family is like a team and everyone needs to do their part for the household to run smoothly. It’s not uncommon for Dad to fill a more traditional role as breadwinner, snow remover, and yard maintainer, and for Mom (even if she works outside the home as the secondary or even primary breadwinner) to fill the traditional role as cook, grocery shopper, and child nurturer.  Sometimes roles overlap and sometimes a complete role reversal occurs. When a couple divorces, however, the roles the pair had as Husband/Dad and Wife/Mom often become magnified, and each spouse feels like the other is tromping on his or her territory. Not only that, but often neither partner feels appreciated for the work they did do in the family. Unfortunately, not feeling appreciated often manifests itself as a position in the divorce. For example: Mom feels unappreciated for all the nights she stayed up with sick kids and feels like she should have sole physical custody; Dad feels unappreciated for all the nights he put in working long hours and feels he should get all the retirement. The point is, both parents worked hard in different ways to make the family run as smoothly as possible. With an impending divorce, each spouse will have to give up some of the control of their original role, and take on additional tasks in a new role. It’s not so bad, though. Shoveling snow burns calories, and who doesn’t want that? As for cleaning baby bottles – who knew swirling bubbles around can be a great stress reliever?
486417833-hope-they-work-it-out-gettyimagesHere are five suggestions for how divorcing parents can provide support to their children in the new year: 1.  Keep expectations realistic.  Children go through a grieving process just as their parents do when the marriage ends.  Their energy and focus may be impacted, and this can affect their performance in school, sports or the arts.  If this happens, be gentle with your child, who will be even more unhappy if s/he feels like a failure in a parent’s eyes. 2.  Remind your child regularly that s/he is cherished.  Children do best when they experience unconditional love and support from parents.  This includes being curious and interested in your child’s ideas, stories and day-to-day experiences. 3.  Find time to do something enjoyable with your child.  If you are fortunate enough to have the time and energy to go on a date with your child to do something mutually enjoyable this can be a great bonding experience.  However, kids my love the opportunity to play a board or video game with a parent, or make popcorn or brownies together before watching a movie at home. 4.  Maintain routines.  Most children, just like most adults, depend on routines to keep a sense of stability in their lives.  Keep routines for mealtimes, bedtimes, homework time, doing chores, etc. as predictable as possible. 5.  Be authentic.  Children rely on parents to be trustworthy.  There may be days when it is difficult to not be sad, or when patience is in short supply because of the stress of the divorce.  It’s okay to be real with your children about your feelings as long as you keep them out of the middle of any conflict with your co-parent, and as long as you are very careful to not imply that a child is responsible for making a parent feel better.  “I’m pretty sad today, so I don’t have a lot of energy.  But I know feelings don’t last forever, and I’ll feel better soon.”
173298780-mid-adult-woman-toying-with-gold-wedding-gettyimagesHaving friends scattered throughout the country has shown me just how drastic divorce proceedings and turnarounds can be. My friend in Baltimore, Maryland, who was married for 5 years with no kids, had no battles over property division, and her divorce still took just over 2.5 years to complete, including a mandatory year of separation before filing (this law has since changed recently for those without children). A friend in Milwaukee, Wisconsin, her divorce with one child and a business involved, took just 6 months to the date. And my good friends (haha), Miranda Lambert and Blake Shelton’s Oklahoma divorce after four years of marriage complete with pre-nup and no kids, took just days from when they filed. Here in Minnesota the length of time to complete a divorce depends upon several things, including custody, parenting time, child support, and division of debts and property. It can take anywhere from about 6 weeks to a year and a half or more, depending upon whether the parties are cooperating, and depending upon the issues involved. The length of a divorce also largely depends on how the case is resolved. For example, divorcing collaboratively, where both party’s attorneys agree to settle without going to trial and the underlying threat of litigation, can significantly reduce the time it take to complete the divorce for several reasons, the biggest factor being avoiding months awaiting a divorce trial. Divorce is the time to practice patience, and to always prepare yourself for the divorce process to take longer than anticipated. Even in our instant gratification society where you can have Amazon deliver within the hour, your divorce could take months to years. No matter how long your divorce proceedings may take it is important to remember that divorce never really ends with a “victory” by either party. Both parties typically leave the marriage with substantially less material wealth than they started with prior to the divorce. Occasionally, you may hear about a spouse receiving a very large settlement or substantial alimony compensation. But more commonly, both spouses must compromise in order to reach an agreement. If there are any real “winners” in the process, it’s those who maintain positive relationships with an ex-spouse so that they are able to successfully co-parent their children.
With the new year comes new beginnings, and while your divorce may have you feeling like everything is spinning out of your control, let’s start 2016 with you IN control. Take some time to journal about what you want 2016 to look like for YOU. Even those ideas that may not seem realistic right now, write those down too. Goal setting is often a combination of what is realistic and attainable, and what will take you out of your comfort zone and at times may even seem nearly impossible. Look at various aspects of your life and reflect on what you want each chapter to look like – dating, co-parenting, your career, mind & body, hobbies (both new and old), faith, travel, finances, etc. If you are more of a visual person and less of a journal writer, jot down key words and make a Pinterest board for each of these categories. Add photos, articles, and inspiring words to each board to help you to stay on track and motivated throughout the year. Write YOUR story. Paint YOUR picture. This is YOUR life to live how YOU choose, let 2016 be the year you take control. Don’t let your divorce or other aspects of your past define you, let YOU define YOU. The new year brings a time of reflection. Often times people look back on the year and choose to either focus at how blessed they were, or will happily say “good riddance” to the year they are putting behind them. If you are feeling the later in regards to 2015, rather than sulking, let’s embrace the new year with positivity, and vow to make it positively fabulous! A fitting quote by Chris Butler, “Mirror, mirror on the wall, I’ll always get up when I fall, and whether I walk, run, or crawl, I’ll set my goals and achieve them all.” Here’s to YOU in 2016!
82087964-start-on-january-1-gettyimagesAs 2016 begins, many of us come up with resolutions for the coming year. Some people hope to exercise more, spend more time as a family or plan a vacation. For families who have divorced, the new year often symbolizes a new beginning.  It is a time to establish a new norm. As a collaborative attorney, I often help guide families through divorce in respectful and supportive ways. I often hear from clients that they have goals and resolutions for a new year. Here are three common resolutions for families of divorce and ways all families can incorporate these values in their lives:
  1. Establish financial independence and security. Entering a new year is a time when finances are now truly separate – with no tax connections.  Be mindful of what you spend.  Track your expenses and see how they match up against your projected budgets and income.  Get a financial planner or, on your own, map out your financial goals for the year, including personal savings, retirement, and investment management.
  2. Embrace co-parenting. Children thrive with routine and care.  They love to be listened to and enjoy one-on-one time with both parents.  They also sense stress and tension.  As you establish routines and the children spend time with both parents, remember to treat the other parent with compassion as well. Avoid fighting in front of the children and support the time that they spend in both homes. Also learn to enjoy your off-duty time.  When you don’t have parenting duties can be a great time to focus on yourself and prepare for your next parenting day.
  3. Take care of yourself.  As parents, workers, and functioning members in society, we often spend our tie focused on others.  We take care of the children and our work obligations, but we often forget our own self-care.  Use the new year to establish work-out routines or start exploring a new hobby.  It is never too late to start improving yourself and the new year is a perfect time to make that effort.
Many collaborative law attorneys offer a free consult – 30-60 minutes to meet your potential new attorney and get some questions answered. The consult serves two main purposes: learn about your options and get to know your potential attorney. Until you have hired an attorney, you do not have confidentiality or a legal relationship with the attorney. The consulting attorney cannot give you legal advice or answer legal questions with certainty during this first meeting. The consulting attorney can talk to you about the processes available to you – litigation, collaborative law, or mediation. The consulting attorney can tell you the main legal issues that need to be decided during a case – such as child custody, parenting time, spousal maintenance, or property division. Because the consulting attorney does not have a client relationship, you and your spouse could meet with the attorney together. This is often a good way for you both to hear information together about the process. When you receive the same message, you often feel less adversarial and more like you are both seeking a guide for the process. Indeed, one of the most important aspects of a consult, is the opportunity for you to meet a potential attorney and see if you will be comfortable working with them. Your attorney is your guide. You may cry or express anger in front of this person – you need to feel comfortable doing so. In addition to legal adeptness and zealous advocacy, you also must be comfortable and trust your attorney. This is perhaps the most important element of the relationship.
492577072-christmas-gettyimagesThanksgiving, Christmas, and all of the holiday season seen through the eyes of a child is a magical time. After all, we hear that “it’s the most wonderful time of the year,” from a very young age. It’s as we age that we begin to realize just how hard the holidays are for so many people. The losses people have suffered, both throughout that year and during their lifetime, divorce, cancer and other major illness diagnoses in their family and friends lives, job losses, miscarriages, and so many defining moments that seem to come to a head during the six week winter holiday season. Holidays are centering moments in our lives, full of memories – the Thanksgiving where the turkey was inedible, the year the kids opened all of the Christmas presents before you and your ex woke up, Grandma Irene’s prized pumpkin pie – all memories that for better or for worse make the holidays an especially easy time to feel an absence. The absence of a loved one, a marriage, the family you once had, or maybe the family you imagined, you get the idea. Additionally, the stress of the holiday season is only made worse when you are grieving these losses. Something small may trigger your heartache like a Christmas card addressed to both you and your ex-spouse, or perhaps being the only singleton at the Thanksgiving dinner table. It’s all too easy to feel like we are all alone in holiday sadness, after all, look at all those smiling faces on the Christmas cards and on social media posts. It’s important to remember that those are just that – snapshots, and not reality. Behind many of those smiling faces also lie someone that is grieving in one way or another. It’s not easy to navigate the holiday season, but use gatherings of friends and family to serve as reminders that you are not alone. Allow for these occasions to provide an opportunity to take a break from the grief you are feeling from your divorce. It may offer you hope that holidays after divorce are bearable, and, maybe not today, but will one day even be enjoyable.
CaptureAn entry of divorce is a big step in the process. However, there is often a lot of follow-up needed to make everything final.  Here are some of the things that need to be addressed post-divorce:
  • Certified copies.  You should obtain a certified copy (official) of the divorce decree for your records.
  • Notice of Entry. Your attorney will draft a Notice of Entry to confirm everyone is aware of the entry and final outcome.
  • Assets should be divided.  If you agreed to split bank accounts, pay off debt, or pay an equalizer to finalize a property settlement, these things should be divided and paid off.
  • Vehicle titles can be transferred.  You can sign over the title on vehicles as outlined in your agreement.  This can usually be finalized without attorney work.
  • Real estate title transfer. A quit claim deed or order from the court (called a Summary Real Estate Disposition Judgment) can be recorded with the county real estate office to transfer title in your real estate.
  • Retirement division.  Some retirement accounts can be divided with notification from the clients.  Other accounts, specifically 401k’s, 403b’s and pensions usually need an order from the court to divide.  This order is called a Qualified Domestic Relations Order (QDRO).  A lawyer usually drafts this order.
There can sometimes be a lot of follow-up to a divorce.  A collaborative attorney can help you through the process and help make sure all follow-up items are completed.