collaborative divorce optionsDivorce is a challenging life experience for children, and parents worry what the impact will be on their children’s lives.  Based on my work with families of divorce, I have three specific suggestions for how parents can empathetically support their children during this difficult and often painful transition: 1.  Never put your children in the middle of parental conflict. This cannot be overstated:  exposure to parental conflict is toxic for children.  Heated arguments around children, even if parents believe their children can’t overhear, negatively charge the environment in the home, and kids will feel it.  Critical or disrespectful words  about a parent said by the other parent in the hearing range of their children make kids confused, sad and often angry.   I have heard many stories from tearful  children about trying to get parents to stop arguing and belittling each other.  You would never feed your children poisonous food;  do not make them absorb poisonous words. 2.  Remember that children deserve the best safe parenting they can get from both parents.  Be civil, treat each other with courtesy and remind your children that both parents love them.  Despite your hurt, anger or betrayal as a spouse, remember that your child’s relationship with and feelings about your soon-to-be-ex are separate from yours.  Resist the urge to try to get your child on your side, or to alienate your child from the other parent.  Of course real safety concerns must be addressed and may result in protective measures like supervised parental access.  But it is not fair to try to negatively manipulate your child’s feelings about the other parent just because you are angry. 3.  Listen to your children and stay attuned to their needs. The emotional and time demands of a divorce can understandably absorb parents’ time and attention at the exact time their children may need extra reassurance. Because regular routines are usually reassuring to children, try to designate time to spend with your children doing normal family activities.  Let them know whatever feelings they have about the divorce are okay, and you will always love and support them.  Check in with them to see how they’re doing, but read their cues if they tell you you’re asking too often.
108746711-pointing-to-oneself-gettyimagesCo-parenting can be challenging even in the most amicable divorces, but there are some personalities disorders that make co-parenting downright difficult. Among these include, but are not limited to: bipolar disorder, borderline personality disorder, and narcissistic personality disorder. We are going to focus on narcissists in this post. Narcissists have a magnified sense of self-importance and lack they empathy for others. Narcissists insist on getting their way regardless of how it may affect others, even their own children. They may make promises to the children in order to gain compliance from the child, then refuse to honor the promises. They can be arrogant, self-centered, manipulative, demanding, and vain. As co-parents, these individuals often feel superior to their former spouse. It is challenging to reason with a narcissist, or attempt to try to get them to see the situation from someone else’s point of view, which makes co-parenting together a great feat. Sound familiar? Most importantly you must know that your ex’s personality disorder does not need to define your divorce. One of the best things that you can do in this situation is file a parenting plan with the courts. A parenting plan will outline anything from daily routines to holiday schedules. When dealing with a narcissist the more information you have laid out in writing, the more black and white it becomes. A parenting plan with help to maintain firm boundaries with your ex. When co-parenting with a narcissist you may need to keep your expectations low. You cannot expect the narcissist to tackle parenting with the same parental instincts that you have. What seems like second nature to you, may never cross a narcissist’s radar. Because a narcissist places no value on their children’s feelings, there will likely be emotional messes to clean up. Get your children (and you) into therapy and make it a regular and “normal”  part of their lives. Take comfort in knowing that you are not alone. There are support groups out there, both online and in person, that are aimed specifically towards coping with a narcissistic ex. Divorce is never easy on children. Coping with a narcissistic parent makes a stressful situation even more difficult, but not impossible. Educate yourself on co-parenting through these challenging times, and also commit to self-care to provide some reprieve.
185223738-social-media-gettyimagesWhat do you remember about the 90’s? The band Hanson, the Backstreet Boys, and Céline Dion? Wayne’s World,  Fresh Prince of Bel-Air, The Titanic movie, and hyper-colored T-shirts? One thing you won’t recall – social media. For better or for worse, there was no social media in the 90’s, at least not what it is known as today. In the 90’s (and before) when you got a divorce you didn’t have to navigate whether or not to make your relationship status “Facebook official.” You didn’t have to decide when or how to tell your 345 Twitter Followers that your last name changed or better yet, see who notices and awkwardly asks you about it. Deciding when and how seems to be all personal choice based on what you feel comfortable putting out there online. So let’s discuss whether or not it’s a good idea to stay “friends” online with an ex. One could argue that if you have kids together, you want to see what photos of your children are being posted online. This becomes difficult in that it could be emotionally damaging for you to see every ice cream social, park play-date, snuggles by the fire, etc. that your children are having with your spouse while they are away from you. For some it is comforting to see these photos, for others it may be downright painful, and even create jealously. Photos of the children may just be the tip of the iceberg – what about when your ex-spouse starts dating? You see a man or women tagged in a photo, human nature leads you to want to know more, so you click on their name and find yourself looking through all the photos and status updates that you can get your eyes on. What you may have thought was harmless in staying “friends” with your ex has now become emotional self-destruction. Maybe you made it this far unscathed and now your ex is dating someone and you’re ok with that, but what about when the ex’s new partner is now in photos with the kids? Your kids. At that new amusement park YOU had planned to take them to. Do you see the emotional roller coaster that social media has created? It’s a double edge sword. As a co-parent you don’t want to miss out. You want to see every photo and moment of your children that you can, but you need to establish boundaries that create the least amount of hurt in the long run. Have this discussion with your ex. Maybe you decide that you both take a social media break until things are more stable. Perhaps being online friends with your ex is just not for you, that is realistic too, and perhaps the healthiest way to navigate social media with your ex.
507851475-unhappy-three-year-old-girl-in-bedroom-gettyimagesToday I met with two very attuned and caring parents who have, after many efforts at repair,  made the decision to end their marriage. Topmost on their list of concerns was the impact their divorce might have on their children, specifically that the decision to divorce might result in their children losing hope for the future. I have so much empathy for parents burdened with worry about the painful crisis their divorce might create for their children. It is important to keep in perspective that it is entirely possible to keep the emotional crisis of divorce from ever becoming a trauma for children. Crises are difficult turning points, but inherent in a crisis is the potential for healing. Traumas inflict deep wounds and can derail healthy development in children. In addition, the effects of trauma will reverberate across generations unless repaired. Two negative potential consequences of divorce can be especially traumatic for children, especially those who have secure attachments to both parents:  1.  that the conflict between their parents never resolves, and children are perpetually kept in the middle of that conflict; and 2.  that a parent’s contact with their children is so limited after the divorce that the children feel abandoned (or as one child sadly told me, “I didn’t know I would be divorced too”). How parents choose to divorce is key.  Any process that supports parents’ ability to maintain loving focus on the needs of their children is valuable for many reasons.  For the parents themselves, it helps to set the stage for the transition to effective co-parenting.  Respectful co-parenting creates the environment in which children can be resilient and thrive. A child-centered divorce process can also have immediate benefits for children in the following ways:  children will likely be more calm and centered when there is a tone of respect rather than acrimony between their parents during the divorce;  it benefits children when they can experience predictability and lack of drama during an already uncertain time; children are kept out of the dangerous middle of adult-level discussions and conflict;  children feel safer and are soothed when parents begin to co-parent effectively. Collaborative Practice is one way to create a child-centered divorce process.  For more information, please visit the Collaborative Law Institute of Minnesota website.        
170652636-couple-meeting-with-financial-advisor-gettyimagesI’m not always a very wise shopper.  I tend to fall into the trap of thinking something is a good deal if I save money.  And at least in the short term, my cheaper purchase may do just fine. But inevitably, cheap purchases lack staying power and don’t hold up well.  I was reminded of this recently when looking in dismay at the boots I bought on sale at a discount shoe store.  After one season of wear, the leather has frayed on the toes of both boots, and they won’t be wearable next season. In contrast, the Frye boots I splurged on when I was accepted into graduate school decades ago still look great.  I knew at the time that these boots were an investment meant to last. When some potential clients hear about Collaborative Team Practice, their first response is,  “That sounds too expensive.  I don’t want to spend much money on a divorce.”   Because most people have to budget money with some care, it can easily feel like professional fees are not where limited resources should go.   But be aware of the trap of thinking something is a good deal if it saves money. A quality divorce process is an investment in the future, especially when children are involved.  Collaborative professionals are experts in conflict resolution and creative problem solving, and can respectfully support families through the crisis of divorce to sustainable resolutions.  Collaborative professionals are deeply knowledgeable in their areas of expertise—family law, financial resolutions, children’s needs in divorce, parenting plans and co-parenting skills.  Simply put, the right Collaborative professional will help you understand what you may well not know about how to make the best possible decisions on behalf of yourself and your family. The least expensive divorce options may seem adequate at the time, but the results are often not sustainable.  This may mean heading back into a post-decree legal process that  is guaranteed to be costly.  Collaborative Team Practice is not the best fit for all divorces, but when it is, it is clearly an investment in quality outcomes with staying power for the future.  For more information, check out the Collaborative Law Institute website.
513648211-sadness-today-gettyimagesIn divorce many people hire attorneys with the hope of receiving what the law entitles them to receive.  They focus on their rights and ask their lawyer to help them get what “the law” provides, perhaps believe that this is the best way to protect their interests.  Most people don’t realize how focusing on the law and “rights”  is setting the bar very low and on occasion, guarantees them that they will need to settle for the very minimum  rather than trying to achieve their most important goals. Divorce laws are created to establish minimum standards for the government to apply if the family cannot come up with a solution on its own. For example, the child support guidelines give you an idea about the minimum amount that would be required for the support of your children if a judge is required to intervene.  The property division that your lawyer tells you will be ordered under “the law” merely describes the minimum that the law will compel.  The parenting schedule normally describes the minimum times that you must be allowed to see your children. Nevertheless, it is a curious  aspect of divorce law that people often start out focusing on those minimums and do not stop to reflect on what might be possible. Striving for minimums is an unusual way to begin down any path, particularly with something as important as family relationships. Outside of divorce, few of us would ever think that we should provide only the minimum to our family members. We would rarely respond to needs of our children, or our spouse, or a parent or even an aunt or uncle for that matter, and say “what is the very minimum that the law would compel me to do?”  To the contrary, faced with these situations outside of divorce, we would be drawn to think in terms of doing the right thing; doing the best we can do under the circumstances. Yet, as soon as we enter the divorce world, we automatically assume this “minimum only” mentality and we hire lawyers to fight over those minimums. No doubt some you are thinking that divorce is different because you are dealing with an ex spouse and that the rules of conscience and decency should not have the same sway as with a real family member. But is that really how it is? First of all, if there are children involved, it is difficult to enforce minimums without catching them in the crossfire. Because your children will live in the same house as your former spouse for a significant portion of their lives, there is no way to force your spouse to accept minimums without impacting your children, at least to a degree. In addition, is your spouse, the mother or father of your children, someone who can be immediately relegated to the role of non-relative and allow you to feel a complete indifference to their well-being, (or worse)? No doubt, many divorcing people have found ways to view of their ex spouse in this way. However,  most people,  once they get past the anger, fear or sadness, admit that they do not hold this complete indifference and, in fact, express real caring, and concern for their ex spouse. So, how do we shed the “minimums” mentality and approach divorce by setting the bar much higher? It will take more than one blog to cover the many different ways to create better settlements by appealing to higher standards. But here is a start. Go to www.collaborativelaw.org or to www.divorcechoice.com and find a divorce professional who speaks this language. You may be surprised by what is possible.
172244707-daddys-comfort-series-gettyimagesHaving recently become a grandparent for the first time, I am pondering the future with renewed urgency that my granddaughter’s legacy be one of hope and abundance. As she grows, there is no way to prevent the pain of grief and loss, the challenge of change or the regret of unfulfilled expectations, as major and minor crises are a normal part of our complicated human lives. But I want her to always know she is safe and loved, especially by her parents, as these are the building blocks of her resilience. Almost always, children experience divorce or breakup as a crisis, a challenging change, a loss. However, as I tell the parents with whom I work, it is possible to keep this crisis from ever becoming a trauma. It is possible to separate or get unmarried in such a way that your children will continue to feel safe and loved by both parents. Selecting a process that enables a divorcing couple to make the transition to effective co-parenting is an investment in their children’s future. As with other important investments, there is a need to balance potential gain with possible risk. In terms of impact on children, an adversarial divorce has minimum gain and maximum risk. A shorthand equation may be, the greater the court involvement, the greater the risk. In contrast, a process that focuses on respectful problem solving, and eliminates the need for court involvement, such as mediation or Collaborative Practice, has lower risk and potential maximum gain for children. Choosing the right professionals to guide you through the best process for your family can pay huge dividends in your children’s future.
181569057-family-gear-discussion-gettyimagesA family with whom I am privileged to work on their Collaborative divorce gave me consent to tell this story. A few weeks after completing the two meetings with me that are a typical part of my child-inclusive parenting plan process, a teenager (I’ll call him Jay) asked if could meet with me again.  Jay confided being miserable about both parents putting him in the middle, though he knew this was not intentional.  He could read his parents’ body language and emotional tone after their phone conversations, and perceived both parents as distressed, sad and angry about as-yet unresolved aspects of their divorce.  He felt himself drawn to ask questions to try to understand the contentious issues, but the answers he received just made him feel worse, because then he felt like he was supposed to choose sides.  I suggested we have a family meeting to share his concerns with parents, which was exactly what Jay wanted.  His parents were also supportive of this idea. At the family meeting, this courageous and empathetic young man began by saying “I love you both, and I want you both in my life.  You’ve told me you want to work things out in the best way for me and my brother, and I believe you.   I just need you to try to get along better with each other.”  Jay acknowledged how hard it was for him to walk away when his mom seemed so sad, or his dad seemed so angry, but that he really wanted to be out of the middle of their conflicts with each other.  Though I had already talked with parents about the negative impact on kids of feeling in the middle, this was different.  This was listening to their child’s own words.  His parents really listened. Before the meeting ended, Jay asked if he could sum up what he hoped for, and shared the most amazing metaphor: “You know I used to be best friends with Sam and Mike, and we’re not really friends any more.  But we’re on the same baseball team, and when we’re playing baseball we’re teammates, we have each others’ backs and we know how to play well together.  I know you guys won’t be married any more but I want you to be on the same team, because you’re my parents.” What a perfect description of co-parenting, and all the more powerful for being in the voice of the child.   We need to keep listening to that voice.
I have practiced law for almost 15 years. As a collaborative divorce attorney and mental health professional, I fundamentally believe my non-adversarial approach is better for children. The outcomes protect children’s best interests and provides them the best opportunity to thrive in a future, bi-nuclear family. Research confirms this notion, but not until recently was my personal belief proven in my practice. For the first time in my career, I had a potential client come into my office who was referred to me by her 12 year old son. This woman and her husband had decided to divorce and before starting the legal process told the children. They sat down their 12 year old son and 9 year old daughter and told them that mom and dad had decided to get divorced. Amongst the various reactions, their son asked “could you get divorced in the way Tommy’s parents divorced?” Their son said of all his friends with divorced parents (as expected, there are many) he noticed that there was something different about Tommy’s parents and the way they divorced. They were different, he told his parents, and that was what he wanted. At their son’s request, the parents reached out to Tommy’s parents to learn more. Tommy’s parents had had a collaborative divorce. Despite great challenges emotionally and financially, Tommy’s parents had put their greatest interests ahead of individual gain and brought their best selves to the divorce process. The outcomes reached were unique and tailored to provide the very best for everyone in Tommy’s family. Tommy probably didn’t know his parents “did divorce” differently. Tommy just experienced what he experienced…but his friend noticed. I represented Tommy’s dad in his collaborative divorce and I am so grateful that kids notice how well Tommy is doing. This experience is a reassuring and lovely example of the far-reaching benefit of collaborative law. It shows that children really do notice and, more importantly, the community at large can see how children of divorce can thrive … If the divorce is done well. Kids notice.
sb10066847c-001A core value of Collaborative Team Practice is keeping children at the center and out of the middle. But what does this mean? Why this is distinction important? It is because divorcing parents are writing the life story their children will tell. Mindfully keeping children at the center helps focus decision-making during and after a divorce on the best interests of the children. It encourages parents and the professionals assisting them to consider children’s developmental needs and temperaments to create customized parenting time schedules, relationship plans and financial plans. Bringing children’s voices into the process means the perspectives of all family members are honored. Parents who keep children at the center are doing the important work of becoming effective co-parents and communicators. Their children do not experience parents arguing or criticizing each other. They do not have to worry about taking sides or being disloyal to one parent by continuing to love the other. Children at the center are given empathy, support and patience as they grieve the loss of their familiar family structure, but are also reminded that though parents are unmarried, the family is still a family.  Children at the center can have hope for the future, with rewarding relationships with both parents strengthening their resilience. What is the experience of children in the middle? Unfortunately, these children are regularly exposed to their parents’ active conflict. They may frequently hear parents badmouthing each other or calling each other names. Children in the middle have often been told adult-level details about their parents’ marriage and their divorce. They may be actively encouraged by one or both parents to blame or take sides against the other parent. Parents who are not focusing on their children’s needs may be more likely to become emotionally disconnected from them or even to move away. Children in the middle are children in distress. Children at the center are given support to feel emotionally safe. They do not have to grow up with the anxiety of worrying about whether both parents can be invited to the same life event without creating undue stress and conflict. In contrast, children in the middle often experience the crisis of a divorce as a trauma, and the negative impact reverberates throughout their lives. Children in the middle have a much more difficult time with trust and fear of abandonment as adults. Collaborative Team Practice offers potential sources of emotional support to all family members during and after a divorce.  Neutral child specialists offer a child-inclusive process to help parents create and implement developmentally responsive parenting plans. Neutral coaches help parents create a relational plan to support their co-parenting and manage current and future conflicts. Both the parenting plan and the relationship plan are designed to keep children at the center, and have their life stories about the divorce  end peacefully.