186765081As 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 . . .
186858906How 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.
138041606Starting 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.
  1. 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
  2. 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.
  3. 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.
  4. 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.
 
182021502The 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?
If you answered “no” to any of these questions, another, more traditional divorce process may be a better choice for you. Collaborative divorce is best-suited for couples who understand the value of divorcing well. How you divorce greatly impacts your children’s well-being and your own ability to move forward in life without resentment. If you answered “yes” to these questions, the Collaborative divorce process may be a good choice for you. To find out more, go to www.collaborativelaw.org and contact a Collaborative professional.
175440139In Part I of Getting Unmarried, Money and Divorce, I talked about the two financial pillars of any divorce. The first being the balance sheet that lists every single asset and liability. The second being forward looking cash flow and support needs for children, if any, and both spouses. In this post, I will briefly cover some other financial issues common in many divorces.  These include some discussion of marital and non-marital property, analyzing tax implications of various scenarios for child support and/or spousal maintenance; analyzing property and business interests, debt pay off scenarios, and comparing pros and cons of using one asset over another. A financial neutral assists with identifying what is marital and what is non-marital property. Marital property of course is that property acquired during the marriage.  Generally, non-marital property is property owned prior to the marriage and brought into the marriage, inherited property, and or property received as a gift. Sometimes this can include a home where the down payment made with non-marital money, a retirement plan when the participant contributed to the plan prior to and during the marriage, or more simply a family heirloom passed down through the generations. Non- marital property generally remains with the receiver of the property and not considered in the allocation of marital property. When there is both marital and non-marital interest in an asset, a financial neutral can help determine the values of both the marital and non-marital interests. The tax implications for child support and spousal maintenance are different. Child support is not taxable income to the payee and is not deductible by the payer. Spousal maintenance on the other hand is taxable income to the payee and is deductible by the payer in most situations. A qualified financial neutral is able to help a couple determine an optimal combination of child support and spousal maintenance in order to provide the greatest amount of after tax income to the family. When a couple or one of the spouses owns a business, it is often helpful to determine the business value. If needed a specially trained neutral business valuation expert is engaged to provide this service. These trained experts employ a variety of valuation methodologies to provide an opinion as to the value of a particular business. Depending upon the complexities of the business the time and cost to complete a business valuation can vary. Debts are another financial area where clients can benefit from the insight of a qualified financial neutral. Facilitating how to allocate debt between two spouses is an important function of the financial neutral. The neutral may suggest the clients consider a number of options available including the potential of reducing or paying off debt with other assets. This can help a couple breathe a little easier when freeing up needed cash flow for living expenses by not continuing to carry current levels of debt. A well-trained neutral financial specialist helps divorcing clients see the big picture pros and cons of making a number of financial moves during settlement discussions. Clients are then able to make informed educated decisions concerning their financial future. The financial neutral is family centered in the collaborative process and makes every effort to assist divorcing clients reach agreements they both can live with. Only in the collaborative divorce process are clients able to achieve this level of client introspection and decision-making. Collaborative divorce is not for everyone. Is a collaborative divorce process right for you or someone you know? Click on this link to learn more and decide for yourself.  www.collaborativelaw.org
My daughter Sarah with her grandmothers
My daughter Sarah with her grandmothers
Perhaps the most important advice I can give someone going through a divorce is to keep the long view in mind. Although it is easy to be swamped by the immediate emotions, the years after the divorce are where you see the impact of your decisions on your entire family. And nothing brings it to the forefront like a milestone event for your child, which I am currently experiencing. My daughter Sarah graduated from high school and will soon be heading off to Wellesley College. This summer has been marked by a graduation weekend with extended family, and soon I will join my fiancé and Sarah’s dad to move Sarah into her dorm. Bringing together the extended family for graduation post-divorce could have been painful and awkward. But it was a wonderful, celebratory weekend filled with love for Sarah and our love and respect for all members of the family. Sarah was in grade school when her dad, John, and I divorced. Divorce is always painful, but we were blessed with a team of collaborative professionals to assist us in the process. I have known for years that a collaborative divorce launched our excellent co-parenting relationship. What really resonated on graduation weekend was the impact on the extended family. My mom flew in from Arizona and John’s mom flew in from New York. These grandmothers had not seen each other since Sarah’s baptism. John’s brother came from Pennsylvania, and he had not seen my mom since our wedding 24 years ago. Also in the mix was my fiancé, Josh, his daughter Lily and his parents. I admit I was a bit nervous about seeing my former mother-in-law and brother-in-law, but it was incredible. We all worked together setting up for Sarah’s graduation party, had multiple meals together, carpooled to the ceremony and sat together cheering for Sarah as she collected her diploma. The love was abundant in all these events, which was priceless. Here’s what collaborative practice allowed for our family: we began to forgive each other and start healing. If we had litigated, the resentments would have become entrenched. By forgiving each other for our failures in the marriage, we could open up to respect and even love towards each other as parents of our amazing daughter. Our tone set the tone for our families – no one needs to choose sides or hold resentments. We can celebrate with full hearts. When we wave goodbye to Sarah at Wellesley this month, she can feel secure knowing her crazy, blended family is behind her, laughing, hugging and linking arms. I am looking forward to the next milestone, when we can all gather again. I know that wouldn’t be possible if we had litigated our divorce. I hope every parent going through a divorce strives for more than just being civil to each other. My hope is that you can celebrate the gifts each parent and family member brings to the life of your child. It starts with your divorce process – collaborative practice allows you to transform your relationship.
I received a text message the other day from a friend asking if I heard that mutual friends of ours had filed for divorce. I was not surprised to receive this news as it was a long time coming, however, I was surprised that the driving point of the text was how “ugly” the divorce was going to get. With three little girls between the ages of 6 and 12, ugly is the last thing they need. The exchange made me recall an email that we received at Daisy Camp a few months ago. The women had used one of the best divorce attorneys in the Twin Cities and had been out for blood. It look her five years post-divorce to realize that she wanted to “get better, not bitter,” and that the payback that she was seeking in her divorce would never take away the broken heart or help her to heal. 5 years later she realized that no divorce concessions would have justified as payback, but what she was actually seeking was healing. It is easy to get caught up in the heat of the divorce and not realize that the amount of money, division of property, child support, spousal maintenance (alimony), or the amount of child custody time that is “won” won’t mean a thing if it come at the cost of the relationship if your children. Which is why more and more couples are seeking to divorce collaboratively these days. No one wins in divorce, but you have a lot to lose when a divorce gets ugly.
170954936Not all divorces are related to alcohol abuse, but the percentage is fairly high.  I don’t have any scientific study, but my own experience of observing thousands of divorces over three decades, I have found that nearly half of all divorces involve, at minimum, allegations of some type of alcohol abuse.  From observing the interactions in these cases, as well as working with professionals in these areas, here are the most important observations I have made: If you think there is a problem, you are probably right. If one party truly believes there is alcohol abuse in the marriage, there is a very high probability that they are right. Yes, it is true that divorce can lead to many false allegations, particularly if you are in an adversarial divorce.  However, while divorcing couples often exaggerate most flaws of the other spouse, I have found that, largely because of co-dependency dynamics, many spouses actually under report alcohol abuse. If your spouse thinks you have a problem, you certainly have a problem. How can I be certain?  Easy.  First, as indicated above, if your spouse truly thinks you have a problem, there is a high probably they are right.  Moreover, even if they are wrong, their belief that you have a problem is, by itself, a major problem.  In either case, the solution often points to undergoing a thorough and honest alcohol assessment. If you can get at the truth, everyone wins. A spouse stopping or cutting back alcohol use during the divorce proves little.  Often the spouse believed to have an alcohol problem will either stop using alcohol or cut back on alcohol use as the threat of divorce draws near.  While this may (or may not) be a welcome reprieve for the family, it generally means very little in terms of determining the existence of a problem.  Indeed, most chemical dependency counselors see frequent failed attempts to stop or cut back as being one of the indicators of alcoholism.  Moreover, for most alcoholics, stopping drinking does not necessarily end the alcoholic behavior. Sometimes alcohol use during divorce can be “situational”. Divorce usually does not come up suddenly, but rather creeps into homes over months or years.  As it creeps closer, the sadness or fear can sometimes cause non-alcoholics to temporarily abuse alcohol during this difficult time. While temporary abuse of alcohol still has serious consequences the long-term impact can be quite different than addressing alcoholism. If alcohol is an issue, you need a process in which honesty can be rewarded.  Divorce processes differ.  Traditional divorces that operate in the shadow of the courthouse can sometimes seem to punish honesty in the sense that the person suspected of alcohol abuse feels compelled to either deny or minimize the allegations for fear of losing time with their children.  On the other hand, processes such as Collaborative Law or mediation, by operating outside of court, can provide a safe place where alcohol use can be addressed as a health issue and not as a piece of evidence.  To learn more about these options go to www.Collaborativelaw.org or www.divorcechoice.com.
471951467Recently I participated in a case debrief with other members of a Collaborative team.  The debrief, or case consultation, is a regular and ordinary part of Collaborative Team Practice.  Any team member can request a debrief to get an update or deal with an emerging issue, or they can be regularly scheduled by the neutral coach as part of team practice.  I usually don’t think twice about how remarkable these discussions can be.  But it is important to occasionally reflect on what makes Collaborative Team Practice uniquely able to tailor problem solving to the needs of clients. The issue we were addressing as a team was how to best support a divorcing couple to deal with hurtful and contentious behavior by extended family.  This is not an uncommon concern.  It can be difficult for extended family and friends to know how to behave during a divorce, and many default to taking sides.  This can aggravate an already painful situation, especially for children who find themselves in the middle when listening to an aunt, uncle, grandparent or other family member who is critical or dismissive of one parent. This issue had arisen several times while creating a parenting plan.  Because parents were working with me as a neutral child specialist, it was possible for us to generate options in an open way, e.g. inviting extended family members to a meeting with me to talk about the goals of Collaborative Team Practice and the importance of keeping kids at the center and out of the middle.  Parents and I agreed I should discuss their concerns and potential options with their team. In the team debrief, the attorneys and neutrals working with this family continued to openly address this issue with a problem solving approach, and more options were generated for supporting our clients and their children. Each team member was able to contribute nonjudgmental, constructive perspective and empathetic support.  We shared the commitment to assist our clients through a challenging time. In a different kind of divorce process, it would have been difficult to have such an open discussion about an issue with such potential to be polarizing. Team debriefs are clearly one of the strengths and value-added dimensions of the Collaborative Team Practice model.
176725719Every couple and every divorce is different. A divorce is often a complicated process involving emotional and financial elements. While there is no universal process for divorce, there are some common mistakes. Indeed, if a divorcing couple could avoid these mistakes, they would be very well on their way to a respectful process with the best possible outcomes. 1. It is a mistake to have unreasonable expectations. You will not “win” on every issue. In fact, a collaborative divorce results in mutually agreeable resolutions. The work is not about winning or losing, it is about working to come up in resolutions that are acceptable to both spouses.  What matters is looking at the big picture and working toward a resolution together so that you don’t fall into the trap of seeing every decision as a win-loss issue. 2. It is a mistake to let your emotions rule you. A divorce is a very emotional process.  This is understandable and a part of the process. During a divorce, you need to try and make decisions in your own best interest. Decisions out of anger or frustration may not be as long-lasting. Try to find a support network and a professional team to support you to make decisions that feel right and have long-standing value. 3. It is a mistake to not deal with your finances. An important thing to focus on is your finances. In addition to dividing up the financial assets/liabilities and property you have, it is important to think about the tax implications of your divorce.  You want a support team in place that thinks about all of the financial necessities and comes up with workable and predictable resolutions that work. 4. It is a mistake to not consider a collaborative divorceIt is important to recognize that there are various process options available to you in a divorce. Even if both parties in the divorce want nothing but for the marriage to end, it is important to remember that your situation is as unique as your marriage was. A collaborative divorce may work best for you and your spouse. It will allow you to work together to determine how the marriage will end, how your assets will be divided and how child custody will be decided. This type of dissolution isn’t solely for couples who are parting amicably and have little to divide; many couples work with each other collaboratively during a divorce so that the have control of the process and how to settle property and custody issues.