Collaborative Divorce Archives | Page 5 of 21

May 8, 2017

Remember hearing that as a child? I do. I said it. I believed it. And then I didn’t. Names DO hurt, even if they aren’t “really bad, mean names.” They can burn a memory into your brain that can haunt you. My son, who is six, is one of the younger children in his 1^st grade class. Next to his 2^nd grade soccer buddies, he’s a bit vertically challenged, although he’s considered “average” in height. Nonetheless, when he came home in tears the other day because an older child called him “shorty,” he undoubtedly felt the sting of name-calling. Welcome to the real world, my sweet, darling son! We have all experienced it, to some extent, and it stinks.

Rather than utter that renowned phrase to my son, my collaboratively-trained lawyer brain went into “better-get-more-information” mode. The conversation went like this: Me: How did that make you feel when he said that? Son: Sad. Me: Mmmmm….I can see that… Son: And angry… Me: Definitely! (Pause). So, what happened next? Son: (without missing a beat) I grabbed the ball out of his hands, dribbled it down the court, and made a basket. Me: (Stunned!) Wow! That is AMAZING! (Beaming with pride…that’s my boy!) So, my son “shows up” this kid by making a basket, yet he was still upset (hours?) later and recalls the name-calling rather than his awesome basket?! This certainly illustrates words have a HUGE impact on others, whether we realize it or not. It doesn’t have to be name-calling, either. It can be just the language we use and the way we say it. The tone in our voice can turn an otherwise innocuous comment into a heated argument. So…STOP. Take a DEEP breath (and maybe throw a stick at some THING). THINK before you speak, and CHOOSE your words carefully. Then go shoot some hoops.

October 4, 2016

A collaborative law colleague recently wrote a lovely piece in the Boston Globe describing his reasons for leaving his litigation practice behind and representing clients only in alternative dispute resolution processes. His article resonated greatly with me. I too left behind a litigation practice to enter the world of peacemaking. While not an easy choice at the time, I look back six years later and realize that these years have been the most fulfilling of my career. I have not stepped foot in a courtroom in almost six years. I am thankful for many things in my current “out of court” career, but here are just a few:

I spend my days working with clients on resolutions that meet their big picture goals.
My conversations and negotiations are fruitful, honest and genuine. The teams I work with and clients who choose me are seeking this type of interest-based negotiation without gamesmanship or posturing.
My colleagues are professionals with passion and dedication to help people through transitions in their marriage – many are my friends, including attorneys who are on the “other side” representing my client’s spouse.
I can be creative in tailoring outcomes to meet my clients goals.
We can tailor my work to each client and what they need and want out of the process.
I am a peacemaker who is at peace.

Peacemaking professionals provide the best experience for clients. I share my own story as a practitioner in the hopes that potential clients will read this and get a sense of who I am. Knowing that, clients too may choose a path of peacefulness.

September 12, 2016

Vortex: 1) a whirling mass of water or air that sucks everything near it towards its center; or 2) a place or situation regarded as drawing into its center all that it surrounds, and hence, being inescapable or destructible Sound familiar? In Minnesota, it’s tornado season, so many of us in the Midwest think of a tornado when we think of a vortex. Regardless of where you live, if you are going through a divorce, this definition might sound like something you experience rather than something you see, and so, the term Divortex seems appropriate. Unfortunately, too many people have the vortex experience when they divorce. It is all too true: the whirling mass of chaos, negativity, and craziness suck everything into its center. The tornado analogy continues with “destroying everything in its path…leaving nothing but…rubble.” Not a pretty picture. You don’t have to be part of this, however. Divorce is devastating. No one plans to get divorced. Marriages end for various reasons. There is undoubtedly anger and sadness. The clouds roll in, the thunder begins, and it rains. For a long time. But, the divorce process shouldn’t make your relationship worse. Unfortunately, the legal process often turns the rainstorm into not only a flash flood, but a tornado. The legal process contributes to the mess, and thus, the divortex forms, sucking everything into its center: your time, money, emotions, plans, life, EVERYTHING. You have absolutely no control over what it does or where it goes. You are helpless and at its mercy. All you can do is go to the lowest level (which happens inadvertently in litigation) in your home. Stay away from windows. And if you are a person of faith…pray. If you aren’t a person of faith, well, it’s never too late to start. With all due respect to the judges who hear and decide family cases, especially the difficult ones, court IS a whirlwind. You just never know what will happen. Fortunately, you can choose a process where, believe it or not, there is at least a faint glimmer of a rainbow at the end. (Probably not a pot of gold, but a rainbow, nonetheless.) Selecting Collaboration is the first step. You and your spouse decide what the outcome will look like (not a judge). You and your spouse have a voice and participate in the meetings and the decision making. Using a team of trained professionals, you will create your own rainbow. If you want all the colors of the spectrum, perfect! If, however, you’d rather have the cooler colors of green, blue, and indigo, you got it! No one is judging. Really. Sound too good to be true? Nope. (And no worries, I’m not going to bring unicorns into this story.) Next time, I will discuss HOW Collaboration can help you avoid the Divortex. Stay tuned.

September 6, 2016

As many know, because Minnesota is a no fault divorce state, one spouse not being ready does not need to stop the process from moving forward. The ready spouse can file for divorce and the process moves on in court with little control of the reluctant spouse. A potential client recently came in for a consult and, as often is the case, her husband was struggling to move forward in the process. They were at very different points on the divorce readiness scale – she was ready, he was not. This is quite typical. The other spouse is sometimes called “reluctant” or “in denial.” When one spouse is looking for a non-adversarial, out-of-court alternative (like mediation or collaborative divorce), there is more of a need to bring that other spouse along. The reluctant spouse really can delay the process and interfere with the non-reluctant spouse’s desire to divorce. This potential client said something very interesting to me. She said, “I know I am committed to collaborative divorce, but I am learning that this does not have to be a collaborative decision.” This realization was profound. She realized that she could control the process (with her husband’s agreement), even if her husband never agrees with the decision to divorce. It is common during the divorce process to have spouses be at different comfort levels with the decision to divorce. These levels of readiness can change throughout the process and even vary greatly from one meeting to another. The challenge often lies with helping the reluctant spouse commit to a collaborative process, while acknowledging his or her disagreement with the process. A good collaborative attorney can strategize ways to bring the reluctant spouse into the process and help move things forward. Ways to teach him or her about the divorce options and lay out the pros and cons of different processes for divorce. To learn more, contact Kimberly Miller.

August 31, 2016

My kids are spirited. Not possessed, although somedays it seems like they are. I thought the term “spirited child” referred to a child with ADD or ADHD. Not true. It’s not a diagnosis – it’s simply temperament. Thank goodness for Minnesota’s own Mary Sheedy Kurcinka and her book, “Raising Your Spirited Child.” As soon as I finished it, I started reading it again. Spirited kids are just “more,” and my two kiddos are high energy, intense, persistent, and slow to adapt. This slow-to-adapt trait makes transitions a CONSTANT battle. It’s hard enough getting my two out the door to school every day. Then I think about kids whose parents are going through a divorce. Not only are kids of divorce doing the everyday school, activities, home, etc., but they have two homes to toggle between. I’m sure it’s hard for any kid to go back and forth between two homes. Most adapt, though. But if you have a child who doesn’t like transitions, and mix in some frustration and sadness of the divorce, you have the ingredients for a frustrating, heart-breaking battle between parent and child. What to do? Regardless of whether they are spirited, but especially if they are, listen to your children. Understand what your children are going through. It’s never too late to get a child specialist involved in the process, even post-decree. Talk with your children them, instead of at them. They didn’t ask to be in this position and they have NO control over the divorce. Help them feel like they have some control over their world. Don’t just assume they are doing well because they are getting straight A’s, or they’ll be OK when the divorce is final. Maybe they will be OK. After all, kids are resilient. But they’re your kids. And I think it’s our duty as parents to do as much for our kids emotionally as we can. They deserve it.

August 23, 2016

When getting divorced, it is important to have a support network. Having a sounding board and friends to talk through things with can help you evaluate options. They can remind you that you are not alone. Acquaintances who have gone through divorce themselves or who have certain expertise (like financial or real estate), may be able to help you with some of the decisions. Everyone needs someone to talk to. However, sometimes well-intentioned people can cause more harm during the divorce process than good. Everyone seems to have a neighbor that somehow obtained a “better deal” than you did. They either received more in settlement or support than you are considering or they paid less than you. This “Greek Chorus” phenomenon can slow down progress and make a collaborative process more difficult than it needs to be. When reaching out to others for support during divorce, keep the following things in mind:

Remember that you live with your resolutions. If something feels right to you, it might be best to not let your friends talk you out of it.
You can always ask your support network to just listen.
Figure out how you feel after talking through things with certain friends – if it doesn’t make you feel better or more positive about resolutions, they may not be the best support.
If you ask for advice, be very specific about what you are asking for and let your support know that you may not take their advice, you are just gathering information.
Be careful if you seek advice on one piece of the settlement without considering all elements.
You can always use your collaborative attorney as your sounding board instead of peers. Your friends and family can support you in other ways.

August 17, 2016

My husband and I were taking our kids to swimming lessons when we saw a man and woman standing outside the facility arguing. The anger and negative energy were palpable. While still in the parking lot, we met up with another family we know, and we exchanged uncomfortable glances as the conversation between this couple became more heated. “Awkward,” my friend whispered. As we approached, I could hear what they were arguing about, and the expletives were flying (this is a family place, mind you, and my kids were five and two at the time – yikes!) The woman was saying, “I don’t give a $*&^ what you think. You can’t have that #$&* sleep over when it’s your weekend with our son. You are such an ^*&+@! We aren’t even divorced yet.” My five year old glanced up at me with an odd look on his face. Oh boy. I wondered if they had attorneys and what process they were using. Even though I see this sort of conflict on a regular basis, it was very uncomfortable to witness. I’m not sure if my discomfort was because I couldn’t do anything about their conflict (I was there as a mom, not a lawyer) or because my children were in earshot. For a fleeting moment I did, however, consider going up to them. I felt compelled to inform them there is a better way to deal with this “stuff” and that a child specialist and divorce coach could get them to a better place regarding “adult sleepovers.” That was the lawyer in me. Since we were running a bit behind, however, the mom in me picked up my two-year-old and hurried my son through the door. Either way, I felt bad for this couple, and even worse for their child. I wondered how old their son was and if they had made a scene near the pool when they decided to “take it outside.” I will never know how their divorce turned out. I can only hope that things cooled down at some point so they could focus on co-parenting their child. It’s understandable that emotions are highly charged during a divorce, which is the reason a divorce coach and child specialist are incredibly helpful during the process, as well as a therapist or counselor. Stop. Breathe. Think. And talk to a mental health professional.

August 1, 2016

While researching for this post, I came across a number of divorce-related blogs. The blog medium provides an efficient and concise opportunity to share information and educate the public. This blog focuses on the collaborative process — where clients commit to an out-of-court, non–adversarial process. Here are some other blogs that may provide additional information as you navigate the divorce process:

Jeff Landers writes in Forbes Magazine about complex financial issues that women face in divorce. He is a Certified Divorce Financial Planner who has extensive experience with high asset divorces. His blog is informative and financially savvy.
Divorced Girl Smiling is a personal blog written by a woman during – and now after her divorce. It is a personal account of her experience, as well as a gathering of resources for others who may be going through the same thing. The archived blogs provide a great path through the litigation process, and provides some insight into why a non-adversarial approach may be better.

However you choose to get advice, being armed with information and prepared for the process can help you feel confident and ready for the transitions that come with divorce. There is a lot of information available online, if you know where to find it.

June 30, 2016

As a collaborative attorney, I am often asked “what would a court do?” Although parties in a collaborative divorce are not asking the court to make decisions in their case, what the law is and how a court may view an issue is important. It is part of the information that a client needs to understand to truly make a decision in their own best interest. I recently attended an education series with local judges to gain an understanding of the current state of the law. In the second part of this 2 part series, I outline some of the factors a court may consider in making litigated decisions. On property division and cash flow, here are some of the considerations:

When dividing assets and liabilities, the courts often begin with an accounting and confirmation of all real estate, accounts, retirement assets, investments, stock options, inheritances, gifts, debts, personal property, vehicles, and all other possessions.
The courts have to differentiate between marital property that was created or acquired during the marriage and non-marital property that should stay with one party. Non- marital property may include assets from before marriage, gifts or inheritances, and student loans.
Non-marital property stays with the receiving party. Marital property is divided equitably. This is often interpreted as equally, although there are some exceptions if the outcome is deemed unfair.
Division of property is a separate question from cash flow (child support and spousal maintenance).
Child support in court is often calculated with the guidelines based on percentage of overnights with each parent and incomes. Then medical expenses and extra curricular activities are shared by percentage of income.
Spousal maintenance or alimony is a discretionary area of the law. It is based on the needs of the recipient and the ability of the other spouse to provide support.
Court requires an analysis of budgets and income or potential income of both parties. It can be difficult to address income if a party has not or is not working.
Some of the factors for determining support include: length of the marriage, education and age of the spouses with regard to work ability, work history, parenting needs of children, and reasonableness of expenses.
Because spousal maintenance is one of the most discretionary areas of family law, it is difficult to find consistent outcomes in the court as every case is decided based on the individual facts (and judge).

A collaborative process is a different paradigm but clients have the same legal rights as parties in court. Know what the law is and what a court may do and then make well informed decisions. A good collaborative attorney can help in this journey.

April 5, 2016

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When a couple divorces, the final decree or order from a Court typically dictates how property shall be divided, how the children shall be parented, and what support will be paid moving forward. The decree will give you the dates and amounts of payments. The decree will also tell you what amount each of you is awarded of accounts or who shall keep the house. But there are some things a divorce does not dictate. After a divorce is final, here are six things you (or your attorney) should do to finalize the division and move forward:

Divide cash accounts. Bank accounts and investment accounts can be divided on your own. You both may need to work together to close joint accounts or transfer funds from one individual account to another. At the end of the process, you should have no joint accounts unless you have agreed to own something jointly.
Pay-off and close joint credit cards. Joint credit card should be paid off and closed. You can take care of this on your own.
Divide retirement. Retirement accounts need to be divided precisely as outlined in the decree. Non-qualified plans (like IRAs) can be divided with a copy of the decree and direction from the account holders – you can do this on your own. Qualified plans (like pensions, 401(k)’s or 403(b)’s) need a court order and you will have to have your attorney draft this or hire a consultant.
Property title transfer. Title for any real estate that was awarded in the decree needs to be transferred to the individual owner. This can be done with a quit claim deed or order from the court that needs to be recorded with the county property office.
Health insurance. Set up your own health insurance if needed or work with your former spouse to continue coverage for them.
Estate planning. Your original will (if you had one) is no longer valid after divorce so you will need a new one. Hire an estate attorney to draft up a new will.