People who are facing divorce after many years of marriage, or just later in life, face unique challenges. They are less connected by the need to provide daily care and financial support for their children. They also may be facing other life changes such as upcoming retirement or increasing health concerns (and costs!) as they age. Sometimes this has been called The Graying of Divorce.
According to Mayoclinic.org, “Empty nest syndrome isn’t a clinical diagnosis. Instead, empty nest syndrome is a phenomenon in which parents experience feelings of sadness and loss when the last child leaves home.” It is a life transition where spouses can take a step back and look at how their lives are progressing. As part of this process of reflection, they may say to themselves: “I’ve put up with this long enough!” Alternatively, it might be a time when couples take advantage of having more time to explore new interests and activities to share together.
A process that can be helpful to those considering divorce or separation is called Discernment Counseling. Discernment Counseling is different than regular couples counseling because–instead of just focusing on helping the marriage relationship–it focuses on deciding whether the marriage should be worked on or whether divorce or separation should be pursued. The University of Minnesota has a Discernment Counseling project has a helpful website that you may want to visit if you want to learn more about Discernment Counseling.
If divorce is the path chosen, Collaborative Divorce is often a perfect option as it can help increase communication and mutual respect to the benefit of both spouses (and grown children!). A neutral financial professional can analyze retirement cash flow and budgets, including tax implications of withdrawing retirement funds. Empty Nest divorces have their own unique challenges. They also are an opportune time to be able to enter a process that the older divorcing couple can be proud of in creating a respectful transition to separate living and ending of their marriage.
The beginning of a new school year is all about the juxtaposition of continuity and change. We all remember the mix of excitement, anxiety, hope and worry that accompany this time of transition for children. Parents want their kids to settle in safely and achieve success, while kids count on their parents’ support.
For many children, the changes marking the new school year are not only teacher, grade, classroom and classmates, but changes in their families because of divorce. Here are seven tips for co-parents to support their children in this situation:
- Let your child know that you have contacted trusted adults at school (teacher, social worker, principal) to let them know about the family change, and have done so in a calm and respectful way. Tell your child it is important that trusted adults at school know because they care about your child and will be available to offer empathy and support as needed. Reassure your child that family information will be kept confidential by these trusted adults, and it is your child’s choice about whether and when to share information with classmates.
- Explore possible school-based resources for children whose parents are divorced. Many schools offer specialized support groups as well as individual counseling resources for kids.
- Participate in beginning of school activities with your child as fully as possible. Express interest, encouragement and enthusiasm for this important part of your child’s life.
- Establish routines that will support your child in homework completion, having family meals and getting to bed on time. Be sure to share information with your co-parent regarding school projects and homework assignments that will need to be worked on in both homes so your child experiences continuity of support.
- If your child participates in sports or other extracurricular activities and depends on parent involvement, be sure to arrange transportation and other logistics in advance so your child doesn’t worry. If there are multiple children in a family, this often requires co-parent cooperation.
- Establish a joint online family calendar for scheduling child-centered events. This is an effective way for co-parents to remain in the loop regarding activities for their children.
- If your children are experiencing transitions between homes as part of your parenting plan, be aware that they will benefit from your patience and empathy in this process. Help them get organized, and be supportive rather than critical if they forget something at the other parent’s home. It’s a big learning curve for kids.
As 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 . . . 
Peace is possible though we are surrounded by high conflict. In the recent words of former Secretary of State Madeleine Albright, “The world is a mess.” Messiness occurs when people are unable or unwilling to resolve differences without wars of words or weapons. This occurs not only globally but also on a personal scale. And for all the extraordinary human costs of violent conflict, the most deeply distressing is its impact on children.
The end of a marriage is not unlike the breaking up of a country based on sectarian differences. Is it possible to disconnect without civil war? Yes, but one must be mindful of the path one is choosing, and deliberately opt to not do battle. Though sometimes complicated, peaceful resolutions are possible if the focus remains the safety and wellbeing of children.
I do not believe conflict is inevitable, because for every cause of conflict there is an inverse possibility. In our day-to-day lives, we can choose a path of peace. We can elect to follow The Four Agreements as defined by Don Miguel Ruiz in his book by the same name, and use these principles to help us resolve our differences:
- I will be impeccable with my word.
- I will not personalize what the other person says, does, thinks or believes.
- I will make no assumptions.
- I will do my best every day with the energy I have been given.
Starting 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.
- 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
- 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.
- 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.
- 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.
The school year brings on new challenges as flexible summers come to a close and more demanding schedules begin. If you are like most parents of school age children, not only are the kids going back to school, but the activities and sports schedules also start to pile on. Here are our top 10 tips for co-parenting that will save your sanity this school year.
- Fine turn your parenting plan NOW. Don’t wait until the middle of September after a few hiccups have ready occurred.
- Who’s paying for what? If you haven’t already sat down with your ex to discuss this go grab coffee and decide who is paying for school supplies, clothes, school fees, daycare/afterschool care, sports and activities fees, etc. Map this out now to prevent an argument later.
- Revisit and outline who has custody for which holidays this school year. Spring break may seem like a lifetime away right now, but now is the time for those discussions.
- It’s inevitable – kids get sick. Make sure you are on the same page with a plan in place on who will stay home or pick up the sick child. Will you rotate, do it based on who has custody that day? You decide what works best, and plan for flexibility, but don’t wait until you are on the phone with the school nurse to decide.
- Speaking of sick kids, assuming which parent providing medical insurance is already set, decide who is going to pay the uninsured medical costs, co-pays, etc.
- Run-down of your regular weekly schedule, which provides appropriate time for each parent. Does is work better for Mom to pick up Matt after soccer practice and take him to Dad’s even though it’s Dad’s night? Parenting schedules will never be black and white, so plan for some flexibility, while preparing for multiple scenarios.
- Transportation. Discuss who is driving to school, activities, drop offs, pick-ups etc. Will you be meeting half way to drop off/pick up or at each other’s houses. Are each other’s spouses/significant others “approved” to do so?
- Saving for college. Whether there is no money is the budget to save and the “plan” is to wait 2 years to start, or one or both of you can start now, decide who, how much and where the money is going to: savings account, 529 College Saving account, etc.
- Introducing new significant others into the mix. Make sure this is discussed now before feelings are hurt later on when mom unexpectedly meets dad’s new girlfriend at pick-up or find out that the kids meet a new boyfriend without dad knowing.
- Communication. Last, and the most important tip is communication. The communication you have with your ex will ultimately reflect the relationship you have with your kids. It may not come easy, but continuing to improve communication is best for all parties.
When you are ready to start a divorce, nothing creates more frustration than the reluctant spouse. How are you supposed to move forward with your life when your husband or wife doesn’t want a divorce? Here is my advice for dealing with the spouse who is dragging their feet.
1. Keep your long-term goals in the forefront, rather than taking short-term aggressive action.
A friend of mine from another state called me recently to tell me about her meeting with a divorce lawyer. My friend wants a divorce; her husband doesn’t. The lawyer said she ought to serve and file divorce papers on her husband and tell her three children about the divorce by herself so she controlled the story to the kids.
This kind of advice is what gives lawyers a bad name. Like most people with kids, my friend wants to protect them from conflict and have a good co-parenting relationship after the divorce. That means she has to work with her husband, not set up a firestorm of conflict by launching an aggressive attack.
2. Get the right support to help your spouse.
A spouse who is not emotionally ready to handle a divorce can make the process difficult. It’s much more effective to connect with resources to help your spouse accept the divorce. If you have been in marriage counseling, you could enlist the counselor to facilitate conversations about your desire for a divorce and options for proceeding. Discernment counseling, which is a limited scope form of therapy, is another approach. Or you could work with a collaborative divorce coach, who is skilled at working with couples who are have a gap in their respective readiness to proceed with divorce.
3. Use the time to gather necessary financial documents.
While you are letting your spouse play “catch up” emotionally, it helps to feel like you are taking steps to move forward. One task that has to happen is gathering financial information. You can contact a collaborative financial neutral to find out about their services and the information that will be needed. You can gather records, such as tax returns, mortgage documents, bank statements, and credit card statements. You can look into insurance costs as an individual and look into housing options. Gathering all the financial information usually takes some time, and there is no reason why you can’t get a start on that important step. It will make things go more quickly once you are ready to start the process.
It is rare for both spouses to be in the same place emotionally when deciding to end a marriage. If you can give your spouse some time and support to accept that the marriage is over, you gain a less frustrating divorce process and a foundation for a good working relationship as co-parents. 
In my last blog I wrote about how people travel all around the world to learn about how we Collaborative divorce in Minnesota. In this blog, I want to say a little bit about why that is true.
Describing all of the elements of Collaborative Divorce would require more than we could put in one blog. I want to focus on the one element that may stand out above the others: choice.
People who face family conflict need choices. Collaborative Divorce takes everyone, including the lawyers outside the court system, so that there is complete freedom for each family to design a process that truly meets their unique needs. Once people arrive at that place where true choices can be made, there are many options. Here are some examples of choices people can make in the Collaborative Process:
- People can choose to have a parenting expert help them with their children rather than leaving the parenting issues divorce lawyers.
- People can choose to have a financial expert teach them about how to handle finances better rather than just fight over who gets the bigger slice of the pie.
- People can choose to improve their communication, and even, if possible improving their respect and trust of each other, by getting the emotional support that they need.
- People can choose to focus on their highest goals, like reducing conflict and can avoid getting caught up in minor issues.
- People can even choose to put the divorce on pause, if appropriate, to give them time to look at their marriage and determine whether they want to work on reconciliation.
Recently 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. 
I recently attended a symposium about divorce entitled, “What’s Love Got to Do With It?” At first glance you might wonder whether we had anything to talk about. What do love and divorce have in common? Isn’t divorce the result of the loss of love? Sharing ideas with others interested in improving the divorce process reinforced my belief that love, forgiveness and compassion are the keys to divorcing well, and that divorce can indeed be a healing process.
Divorce is an all-too-common event these days. We all have friends, family members, neighbors and co-workers who have experienced becoming unmarried. Some just barely survive and are stuck looking back at their divorce with regret and resentment. Years later they continue to bad-mouth their ex and blame their divorce for their ongoing unhappiness. Their inability to be present and available has long-term consequences for their children as well.
Most of us also know people who not only survive, but thrive in their post-divorce lives. They are somehow able to accept the major changes in their day-to-day lives and move forward. By doing so, they are healthy role models for their children and fun to be around. What accounts for these vastly different outcomes?
Personality certainly has something to do with it. Some humans are blessed with more optimistic outlooks than others. Seeing the glass half full reduces anxiety about the future. Life circumstances also play a role. Good health, steady employment, and a healthy balance sheet contribute to feeling better about what lies ahead. However, several decades of experience tells me that one factor trumps everything else in terms of one’s ability to recover from divorce … the ability to forgive.
Anger, bitterness, blame and resentment are feelings associated with the loss of a loving relationship. Grieving the loss is necessary in order to get on with life. Tara Brach, a leading western teacher of Buddhist meditation, emotional healing and spiritual awakening, who was a symposium presenter, says, “Vengeance is a lazy form of grief.” Rather than being lazy and stuck, working through one’s grief with a therapist, clergy person, or trusted friend can lead to understanding and forgiveness. Acknowledgment and forgiveness of one’s own contributions to the divorce are essential, as is forgiveness of the other person.
In the Collaborative divorce process, our professional team includes a neutral coach and a child specialist, both of whom assist the parties in reaching closure with regard to their marriage and defining their future co-parenting relationship.
“When you forgive somebody who has wronged you, you’re spared the dismal corrosion of bitterness and wounded pride. For both parties, forgiveness means the freedom again to be at peace inside their own skins and to be glad in each others’ presence.”
-Fredrick Buechner