136006968-writing-letters-gettyimagesIn the past few months, I have seen a number of people in my social network share this letter. It is a wonderfully written letter from an ex-Wife to her husband’s new girlfriend. Instead of the expected angry, hurtful, stay-away-from-my-children many people would have expected, the letter is filled with caring love for another human being and a potential influencer in her children’s lives. It is welcoming and tries to explain many of the nuances of the new family structures that arise out of divorce. Indeed, they take all shapes and sizes. This letter has been shared tens of thousands of times, because to the general public, it is unique. It is not what they expect to emerge out of divorce – it is not what society seems to expect of couples deciding to end a marriage. Truthfully, however, I see this kind of result all the time. As a collaborative divorce specialist, I loved this letter. It brought tears to my eyes as a real example of kindness and compassion in action. It is what I strive for every day when I work with families transitioning through divorce. We ground the collaborative process in mutual shared goals. If there are kids involved, both parents always want outcomes that protect the children. Regardless of what behavior, emotions or acts have led parents to a divorce, I know parents want to maintain strong relationships with their children and want their children to thrive in a post-divorce world. Many parents would even acknowledge the important role the other parent plays in raising the children. These goals are not unique – I see them all the time. And, when parents commit to an out of court, non-adversarial process, like collaborative law, the professionals in the process are as committed to these goals as the clients. I believe this letter demonstrates how important a positive co-parenting relationship is for children of divorce. That relationship lasts the rest of your life – figure out how to make it work. You do not need to be friends or call each other to talk about your day at work, but a respectful communication style to discuss your children will hugely benefit everyone. Having a strategy to embrace and face the changes that come after divorce is important as well. Statistically, both parents are likely to start new relationships – address these changes with healthy communication or seek outside support to learn how. Collaborative law is a divorce option that addresses many of the long-lasting implications of divorce and attempts to prepare families to move into a post-divorce life that allows everyone to thrive.
72918896-two-figures-held-together-by-hearts-around-gettyimagesCollaborative Divorce was started in Minnesota 25 years ago and has spread to more than 20 countries because it meets two basic needs felt by divorcing couples around the world. What does it mean to say that a divorce is Collaborative? First, it is important to understand that difference between the formal Collaborative divorce process (with a capital C) and the use of the word collaborative. To be collaborative simply means to work together and, in that sense, any divorce in which people work together could be described as collaborative, (small c). However, the Collaborative divorce process is something distinctly different. Most people want to keep their divorce amicable, and Collaborative Divorce gives them the tools to work out of court to make that happen. At the same, people facing divorce want to know that they are protected; that they have someone looking out for their interests. Collaborative Divorce provides each party with an attorney who will work with them to help them achieve their most meaningful goals. In a Collaborative Divorce, the attorneys must withdraw if the matter goes to court in an adversarial proceedings. That is the one rule. A rule that is simple and yet, changes the entire tenor of the divorce negotiation.   It is a great example of addition by subtracting. By subtracting one element, (the ability of the lawyers to fight), a door is opened to add many more valuable tools (true interest based-bargaining, teaming with financial experts and mental health professionals, deeper solutions, etc.). That one change redefines the negotiation and creates a ripple effect that, if handled in a skillful manner, creates many more options. People sometimes hire aggressive lawyers, reluctantly; believing that their spouse will be aggressive and that they, therefore, need to “fight fire with fire”. The problem, of course, is that fighting fire with fire means there is a great risk that someone (maybe everyone) will get burned. Collaborative Divorce, with the agreement not to fight, is intended to put out the fire, so that you, and your spouse, can build their future on solid ground.   That is not easy to achieve. It requires skill and commitment. An attorney who cannot use argument and fighting must have other skills. Equally important, clients who intend to achieve their highest goals without fighting must be prepared to work on developing other skills as well. To learn more about the Collaborative Process and to find experts with skill and experience in this area, go to www.collaborativelaw.org or www.divorcechoice.com.
157282282Divorce court should be your LAST resort. After all, do you want a complete stranger in a black robe deciding the fate of your future? You do not want a judge to decide where your children will live, how much time you get to spend with them, or deciding your financial future. Once you go to court you lose the control. There are ways to stay out of the courtroom. Sitting down with your ex to work out as many issues as possible will help facilitate a settlement. Sound too easy (or maybe too difficult, if coming to agreements with your ex seems to be a difficult feat), enlist in the help of a Collaborative attorney. As part of the Collaborative law method, both parties retain separate attorneys whose job it is to help them settle the dispute. In the Collaborative process most of the formal steps are waived or postponed so that you and your spouse can focus on your divorce issues. The collaborative attorneys, along with you and your spouse, sign a contract that commits you to reach a settlement with your spouse. No one may go to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case. Having a good attorney who is a problem solver, rather than someone who creates problems, is important. You want an attorney who works with and for you, and not someone who will create unnecessary battles. Another good approach to avoiding divorce court is mediation. Mediation is used as a means of resolving cases without the need to go to trial. Mediation allows for you, your soon-to-be-ex spouse and respective attorneys to resolve issues using a third party, the mediator. A good mediator will work with the parties to settle everything with input from you as well as your attorneys. A mediator can help work out agreements on distribution of property and assets, child custody, child Support/maintenance, retirement, and taxes. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. As said previously, the last thing anyone wants is to go to trial, however sometimes going to trial is simply unavoidable. What if you still find yourself in a divorce trial? Be sure to read Daisy Camp’s next blog post on, “What it Means to go to Trial in a Divorce.” Also, a wonderful book to read on the subject is the book, “The Collaborative Way to Divorce: The Revolutionary Method that Results in Less Stress, Lower Costs, and Happier Kids – Without Having to go to Court.” by Collaborative Attorneys, Stuart Webb and Ron Ousky.
450844547Almost all divorces end up in a negotiated settlement. (In most states, less than 5% of all divorces actually go to trial.) Therefore, the most important thing for couples to consider, before they start down the path toward divorce, is how to negotiate the best possible resolution to your divorce. When I ask most clients what they want from a divorce process, they almost always talk about two things: 1.) They want a divorce that is amicable. This makes sense. Most wise people would want an amicable divorce; either for the sake of their children, the protection of their finances, preserving their own mental health, or all three. No sane person would choose to have a messy divorce if they can avoid it. 2.) They want to feel protected. At the same time, almost everyone wants to feel some sense of protection. They are entering into important agreements that will impact their lives and, perhaps, the lives of the children for many years. They do not want to sign an agreement that they will resent or regret. These two negotiating goals do not need to conflict with each other. The biggest mistake that people can make is thinking that these two goals are in conflict with each other. They want an amicable divorce but they think the need to hire an aggressive lawyer to protect their needs. Or, alternatively, they think that all lawyers will be aggressive so they avoid getting legal counsel and end up with a settlement that they regret. Contrary to common belief, it is possible for divorcing clients to have the “best of both worlds”. This is the very reason that Collaborative Practice has grown all over the world. The best scenario, of course, would be to have an attorney who will protect your interests and yet preserve an amicable environment. Collaborative Attorneys are trained in non-adversarial negotiating strategies and they are retained for settlement purposes only. Because they focus on settlement only, they work to help your spouse to “say yes” by using interest based methods that help you get better outcomes, without creating the rancor and expense of using adversarial methods. To learn more about Collaborative Practice, and how it can be used to help you get your best outcomes, go to www.collaborativelaw.org or www.divorcechoice.com.
157522978Collaborative law is a world-wide phenomenon. Although the process originally started in Minnesota, it has now spread throughout the world.  Over the past few years, I have had the privilege of getting to know collaborative professionals from Europe, South America, Australia, and Africa. Collaborative law happens all over the world. I often find myself meeting with new potential clients and discussing the benefits of collaborative divorce. I differentiate this process from an adversarial, court process. Most importantly, I try and help potential clients understand the simplest, most elegant aspect of collaborative divorce – it just works. In many aspects of life, we try and find the “special sauce.” How do we articulate, put to words, the essence of collaborative law? What is it about collaborative law that has made it a world-wide phenomenon? Allowing clients to maintain control of the process and work in a respectful manner to find mutually-agreeable resolutions are the key tenants. But why does it work? I think the essence of collaborative law supersedes culture and language. It works all over the world because people genuinely want it to work. People want to maintain control of their family and lives after divorce. People want confidentiality and full disclosure of information, but don’t want to incur extraordinary expense. People also want a respectful process and want to maintain their own integrity throughout. Some people ask why collaborative law works? I think it makes more sense to state that collaborative law does work. In fact, it works all over the world.
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Dan and Tonda celebrating 40 years of marriage in Paris.
My husband and I celebrated our 40th wedding anniversary this year. It feels like a big number but I don’t feel old or tired of the marriage. My husband and I have worked hard to keep our marriage fresh and vibrant, and we look forward to the next 20 or 30 years together. But as a collaborative divorce attorney, I know that even happy marriages can come to an end. In fact most marriages are happy, some for many years, before “stuff happens” and one or both spouses decide to end the marriage. Before I became a “collaborative” divorce attorney and was merely a “traditional” divorce attorney, it was frightening to think of going through my own divorce. My experience as a “traditional” divorce attorney made me all too aware of the stress my clients and their spouses underwent in an adversarial process that sometimes exacerbated the conflict between them and put pressure on them to vilify or blame the other. However, since limiting my practice to the out-of-court collaborative divorce process, I am no longer afraid of going through my own divorce if that became necessary. I know that my husband and I would be respected in the collaborative process and that we would work for the greater good of our family and for our mutual future security. While my marriage would be a great loss to me, I know the collaborative process is there to gently, effectively, and efficiently escort me and my husband through this important life event. Don’t be afraid. If you are faced with or considering an end to your marriage, consider a collaborative divorce. You can find out more about it at www.collaborativelaw.org and www.mndivorce.com.  
56195395Collaborative law requires experienced professionals and clients willing to work together to find resolutions for their family law matters. It is a unique, non-adversarial process that provides an alternative to a traditional, litigation. It is a respectful process that depends upon four main tenants.
  1. Full Disclosure. In a collaborative law both parties provide all information relevant to the case. There are no formal discovery processes – no time or money spent on depositions or document requests. Both parties provide everything needed – if someone needs more, they ask and agree to disclose it. Both parties must have all the information they need to generate options and make decisions.
  2. Confidential Process. The information discussed an the options generated are confidential and shall not be disclosed until final resolutions are reached. Divorce is not a confidential process by default. Indeed, the court process is quite transparent. In collaborative, however, the information discussed and shared is not disclosed until the very end. This provides for a more thorough process overall.
  3. Neutral Experts. All experts shall be neutral. They will be chosen by both parties together (often recommended by other professionals) and operate in an on-adversarial manner. Their expertise benefits both parties.
  4. Professionals Limited in Representation. The collaborative professionals on a case can only work in one role – settlement. The professionals cannot represent you in any other matter and in any other capacity. Your collaborative attorney cannot represent you in a court process. A mental health professional (child specialist or coach) cannot provide therapy. And the financial neutrals cannot also solicit your financial planning business. Everyone has one purpose and one role – to help you find collaborative resolutions.

The secret to a constructive and respectful divorce is to start at the end and work backward.  Ask yourself, “What do I want my life, my spouse’s life, and my children’s lives to look like when the divorce is all over?  What is my vision for the future?”

In fact, the first task of clients who choose a collaborative divorce process is to answer these questions and to share their answers with each other.  Here are some of their answers: Couple A
  • Children/Family We want our children and ourselves to feel that we are a family that loves and cares for each other.
  • Relational We want us to look back on this difficult time and be proud of how we handled ourselves and each other. We want both of us to be happy in the future.
  • Financial We want our final agreement to ensure equitable life styles and standards of living. We want our final agreement to provide financial security for both of us in retirement and in the event of the death of either of us. We want our final agreement to respect the financial decisions/intent of our respective families to leave us money.
  • Process We want a divorce process that supports a positive future. We want a divorce process in which we both feel heard and safe to discuss difficult issues. We want to be comfortable with our final agreement and to have a mechanism for implementing it. We want our divorce process to be cost effective and efficient. We want to minimize the emotional and financial stress of our divorce.
Couple B
  • Children For our son to have a solid, cohesive parenting team who loves him. For our son to be shielded from the negative aspects of the divorce.
  • Financial For both households to have financial stability and security. For us to be debt-free by using an intentionally controlled plan of action.
  • Relational/Emotional That we create a trusting relationship with each other and the potential for friendship. That we reduce the emotional and financial stress we feel as a result of our divorce.
  • Process That the collaborative process be as cost-effective as possible while obtaining the added value that our neutral professionals bring to the process.
Couple C
  • For our children not to feel divided.
  • For our children to feel comfortable with both of us.
  • For us to convey a sense of harmony to our children.
  • To have financial security for both of us.
  • To get along with each other after the divorce; to have mutual respect for each other; and to have a pleasant relationship.
By starting at the end, couples are reminded how much they still have in common despite the ending of their marriage. By starting at the end and working backward, the couple and their team of collaborative professionals can focus all their attention on crafting a settlement that accomplishes the couple’s vision. By starting at the end, the collaborative divorce process promotes healing and a peaceful transition through this important life event. If you or someone you know might benefit from using a collaborative process for their divorce, go to www.collaborativelaw.org and www.mndivorce.com to find out more about Collaborative Divorce.
173299392Divorce is a crisis in the life of a family.  It is not actually a legal crisis, though it requires this expertise to ensure that legal resolutions are reached regarding financial matters. It is not a theoretical crisis. It is a genuine emotional crisis. What does this mean for children? Some years after I began my therapy practice with children and families decades ago, a researcher named Judith Wallerstein published the results of her longitudinal study on the negative impact of divorce on children. The data were a wake-up call, shocking to some, sobering to all. Mental health experts responded by saying parents and social institutions needed to be more attentive to the impact of divorce on children. A book was written advocating bird nesting—parents rather than children transitioning to and from the homestead—as an alternative “custody” arrangement for families (an option we now know to be a temporary rather than permanent solution). Questions began to be raised on the impact of parenting time arrangements that essentially minimized otherwise healthy and loving relationships between parents and children. At the time Wallerstein’s study was published, the options available for divorcing parents were largely adversarial in nature. The focus was “rights based,” not based on supporting co-parenting and keeping children out of the middle of the crisis. Many of the parents with whom I work attest to the emotional trauma they experienced when their own parents divorced. In fact, it is likely these divorcing parents were assured by their attorneys that “children are resilient—your kids will be fine.” But we know that children do not become resilient in a vacuum. They need adults to create environments of support and attention to their needs. Collaborative team divorce offers a clear and powerful alternative for parents who love their children and want to envision a hopeful future for them. Families work with a multidisciplinary team of professionals with specific skills and experience. Mental health expertise is woven throughout the process, both to specifically support children and to provide parents with the best possible grounding for effective co-parenting. If you want to know more about how your family can weather the emotional crisis of divorce with the most dignity and respect for the needs of your children, please learn more about Collaborative team practice at this link to the website for the Collaborative Law Institute of Minnesota.
1. Forcing Your Kids to Take Sides The last thing a parent wants to do during a divorce is to cause more pain for the children. Divorce is a painful time during which many negative emotions can arise, including anger, fear, regret and grief. Often there is a perceived need to blame the other party for one’s unhappiness, together with a desire to hold your children close. However, keep in mind that putting your kids in the middle is harmful to them. Resist the urge to blame and criticize your spouse in your kids’ presence. Don’t force your kids to take sides or to report on the other parent’s activities. No matter how difficult it may seem, the best thing you can do for your kids during a divorce is to remind them that both of their parents love them and will always be there for them. 2. Engaging in an Adversarial Divorce Divorce is a major life event. It is the legal recognition that your marriage is over. Unless your situation is unusually simple (short marriage with no children and few assets and liabilities), each party should have an attorney to provide advice and to make sure that the required documentation is accurate and complete. For most couples, the divorce process can be completed without setting foot in a courthouse. Using skilled neutrals in the Collaborative Process or mediation helps to avoid the polarization that often takes place in more adversarial processes. Better post-divorce communication, lower divorce costs and less resentment are other benefits of no-court divorce processes. 3. Having Unrealistic Financial Expectations Divorce means creating two households in place of one. Most couples are struggling to make ends meet before separation. Creating a plan to support both households can be challenging. Unless income can be increased, down-sizing and belt-tightening are often required. There must also be a plan to pay divorce costs. Understanding these challenges going into divorce can provide both parties with a reality check and allow the divorce process to go more quickly and smoothly. 4. Forgetting to Consider Tax Implications Many of the financial decisions made in divorce have tax consequences, some more obvious than others. When dividing marital assets, it is important to recognize that some assets may actually be worth less than face value due to future income tax liabilities. Most retirement accounts, for example, have been funded with pre-tax earnings, meaning that withdrawals will be taxed and, depending upon the timing, may have early-withdrawal penalties as well. Stock portfolios will likely be subject to capital gains taxes upon liquidation. On the cash flow side, dependency exemptions and characterization of support payments (child support or spousal maintenance) impact the amount of after-tax cash each party has available to meet living expenses. It is essential to get competent advice during the divorce process in order to avoid unexpected surprises down the road.