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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.
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135385349Sometimes what comes after the “C-word” can unfortunately be the “D-word” – divorce. The incidence of divorce/separation is unfortunately quite high after one partner has been diagnosed or is in some stage of battling cancer. If you are a woman, the odds are even less in your favor – according to a study, by the Max Planck Institute, on the effect cancer has on the divorce rate, “21 percent of female cancer patients end up divorced or separated after a cancer diagnosis.” Both a cancer diagnosis and a divorce cause such emotional devastation. You rarely think that either of these things will ever happen to you; these are things that “happen to other people.” Nancy Cox, a healing coach with the Virginia Piper Cancer Institute, sees the parallels between sitting, angst-ridden, in a doctor’s office and sitting, angst-ridden, in a lawyer’s office. “They both trigger every difficulty you’ve ever faced in your life,” Cox said. The question then becomes why? Why are so many marriages destroyed by cancer? Maybe the marriage was struggling in the first place, but often times simply the stress of cancer itself can divide a perfectly good marriage. Reassessment goes both ways in a relationship and some marriages can’t handle all the stresses and strains that cancer can bring. Dealing with a diagnosis of cancer can certainly magnify certain feelings already present, as well as create new feelings of uncertainty due to dealing with cancer itself. Big challenges like cancer, a life changing accident, other major illness, infertility, or a child with disabilities, can either bring you closer together or tear you apart. Cancer changes a person and emotionally you are in a different place after having the cancer. Sometimes fighting a battle like cancer proves to a person just how strong they are and perhaps now have the strength to leave a marriage that wasn’t quite right to begin with. Whether it’s cancer or divorce, a good starting point is to begin rallying your troops around you. Call your closest family and friends and break the news to them. Then seek out the best professionals to guide you through, whether it’s the top divorce lawyer in town, or the best oncologist. Seeking therapy is a good idea both during and after. Both cancer and divorce also offer the potential for healing. “Any crisis creates opportunity, if one can re-frame it and get the level of support needed to have that happen,” Cox said. Once you battle cancer, divorce, or both, you are forever a survivor.
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168408173In 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.
When families are in conflict, trying to fit that conflict into a narrow “one-size fits all” system, can lead to outcomes that do not address true needs. Stepping outside the shadow of the courthouse and letting families design their own course leads to better outcomes. Divorce is difficult. The choices that you make during this important time could affect your family for decades. Before you take the first step, explore all of your options. To find out about the Collaborative option, go to www.collaborativelaw.org.
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482285789I 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
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500048813Becoming friends with your ex? Or even friends with your ex’s new boyfriend/girlfriend? Do these friendships sound impossible to attain? Perhaps there is something to be learned from the infamous Tiger and Elin Woods’ divorce. Elin recently went on vacation with Tiger, their two kids and Tiger’s current girlfriend, Olympic skier, Lindsey Vonn. The modern blended family – where friendships, and even vacationing together can happen successfully. If befriending seems like a long-shot for you, try to put bitterness and grudges aside when you consider that new boyfriends/girlfriends/spouses will be around your children, whether you like it or not. Co-parenting is not easy, and it will take time and effort to find the right grove in your new lives. Daisy Camp recently hosted a co-parenting workshop at the Collaborative Alliance, titled “One Bridge to Peace,” where co-parenting tools were provided that allow even one willing, caring parent, to relate peacefully with even the most bitter and contentious co-parent. Depending on how newly divorced you are, joining each other on vacations may seem like a long-shot, but remember, even introducing yourself and keeping the lines of communication open with you ex’s new companion can go a long way. Who knows, maybe someday you’ll find yourself vacationing in the Bahamas or at Disney with your ex!
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465782093Dogs have long been known for their ability to have healing effects on the sick, but did you know that adopting a dog while going through the divorce process can provide another wonderful form of therapy? Whether getting a new puppy or adopting a dog, there is value in adding a furry companion to your life. Man’s (or woman’s) best friend alleviates that empty feeling you may now be experiencing when you walk in the door at night. Divorce often time leaves you feeling unwanted, just like many of those dogs at the shelter, which makes that canine even more relatable. Perhaps that dog came to the shelter from a divorced family herself. It has been proven that people benefit from interacting with canines. Simply petting a dog can decrease levels of stress hormones, regulate breathing, and lower blood pressure. Research also has shown that petting releases oxytocin, a hormone associated with bonding and affection, in both the dog and the human. Dogs respond to human emotions, and seem to know just when their companion needs a little extra loving. A dog, or other animal, can also be helpful for children coping with a divorce. Research shows that a dog can be therapeutic for a child experiencing a divorce crisis. A pet teaches a lot about coping skills, at a time when their parents may not coping very well. Cuddling up to a dog or other critter can be calming, and teaching a dog a new trick can be rewarding. If you are looking for a constant companion, who will help reduce your stress levels (and won’t talk back!), adding a new furry friend to your home may be a good divorce healing solution for you.
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With so much at stake in a divorce, it is tempting to think about how to “win”.  Yet, the grim irony of divorce is that “winning” often leads to poor results.   I know that seems like a contradiction, but most divorce lawyers who, like me, have spoken with “winning” clients after a divorce, know that it is true.  Almost every “winning” client I have known during the past 30 years of divorce practice has expressed severe disappointment with their “winning” outcome.   The real “cost” of a litigated divorce (or even a divorce that settles on the courthouse steps) is so great financially, emotionally and, particularly for children, psychologically, that there truly are no winners. Does that mean that, when facing divorce, you should simply “give up” and let your spouse have whatever he or she wants?  Of course not.  Because there is so much that matters, you need to get the best possible outcome for you and your family.  So, how can you achieve that, without trying to “win” in the traditional sense?  By finding a smarter way to get your spouse “to yes”. Getting To Yes is the whole essence of divorce.  More than 95% of all divorces end in an agreement (and not a trial), so your divorce is likely to end in an agreement of some kind.  Therefore, the entire divorce process is one of seeking ways to get your spouse to say “yes” to the things that really matter. So, how do you get your spouse to eventually “say yes” to the things that are important to you?   It is tempting to think that you will get your spouse to “say yes” by hiring an aggressive lawyer to make bold arguments in your favor.  Tempting, maybe, but does that really work?  Is your spouse the kind of person who will respond to arguments by giving in?  Probably not.  On the other hand, if you are like the rest of the world, you will need to be much more strategic. The chances are quite good that the best way to get your spouse to say yes is to help them see that saying yes meets their interests.   This notion of ”interest based bargaining” is a way to truly “win” without having to make anyone lose.   This method of truly “winning” without creating losers is rapidly growing in popularity and is commonly used by Collaborative Divorce lawyers.  To find a Collaborative Divorce Lawyer in Minnesota who can explain this to you go to www.collabortivelaw.org.
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Minneapolis, MN
Minneapolis, MN
I just read a Forbes magazine article about the four methods of divorce: Do it yourself Divorce; Mediation; Collaborative Divorce and Litigated Divorce and it reminded of how lucky we are to live in Minnesota. Collaborative Divorce started in Minnesota in 1990 and is now recognized throughout the world as one of the four options. Collaborative Divorce is now being practiced in 24 different countries, on four continents and may be the world’s fastest growing alternative. Last week, I spoke to two divorce attorneys from Capetown, South Africa who will be coming to Minnesota for the entire month of May to study this new, groundbreaking method. Collaborative divorce is growing so rapidly for a reason; it works.  During my 30 years of practicing family law, I have handled thousands of divorces using every method available.  Today, I spend most of my time doing Collaborative cases because it gives my clients better results for less money; particularly when there are children involved. While I applaud the Forbes article for helping raise awareness about Collaborative Divorce, I do need to suggest one correction. The author suggests that Collaborative may not work as well when there are complicated financial situations or significant assets.  In fact, that is actually where Collaborative Divorce works best. I have handled many multi-million dollar Collaborative cases and those clients have generally obtained the best outcomes. Because Collaborative Divorce has a rule of full transparency and invites creative structuring of settlement, people with large amount of assets generally get even better outcomes. The rules of disclosure in a Collaborative case are more thorough than in other types of cases. The author of the article is correct in saying that Collaborative Divorce is not right for every case and that each person facing divorce should investigate each option before they choose. I completely agree with that advice and I would add one other critical element. In weighing each option, make sure that you speak with professionals who have substantial experience in each area. Getting information about Collaborative Divorce, or any divorce, from someone without training and experience in this area, can be reckless. To find an experience Collaborative attorney in your community who will fully explain Collaborative Divorce to you; go to www.collaborativelaw.org.
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Facebook is such a handy way to communicate what is going on in your life. It is a quick way to communicate life changes, events, accomplishments and information to people. And then people let you know they hear your news and can respond with a comment or message to you publically or privately or simply click “Like.” You know they heard your news! And chances are, you and your spouse are “Friends” of each other’s Facebook pages. So rather than telling the 200+ people you know individually that you are getting a divorce, whether by your choice or not, you can tell it once. CONVENIENT! PAIN-LESS! DONE! Oh, not so fast… So what does it mean when someone “Likes” your status update? Does that mean that your friend, mutual to you and your spouse, is happy for you? Are they loyal to you and not your spouse by clicking “Like?” Does your spouse find out you posted it because a friend comments on your status and types in your spouse’s name and then he or she sees all the comments and the fact that you have 50 “Likes?” Are your kids “Friends” of yours or your spouse? You know how the social network bleeds information. Do you post status updates about your divorce progress on Facebook? So what are some helpful rules to keep in mind when you are thinking Facebook and divorce? Because, what you say on Facebook will eventually get back to your spouse! Here are the Top 5 rules for Facebook in divorce: 1. Ask first. If you want to tell people via Facebook that you are getting a divorce, ask your spouse if he or she is okay with you posting that. 2. Have your spouse approve the message before posting. Once it is out there, you really can’t take it back. 3. Be up front with your friends. Tell your friends that you do not want them to “Like” the post, it is only for informational purposes and comments can be made privately. 4. Be kind in what you say. Don’t trash your spouse. And don’t post every step of progress in the divorce on your Facebook page. 5. Don’t post it on Facebook at all. Tell people directly in person, by phone or email. (Remember group email and “reply all”–not good) You are in charge of what information you share and maintaining a respectful divorce with your spouse. What you think is a “no big deal” can actually lead to a lot of conflict in divorce that could have been so easily prevented.  Ask yourself how you would feel if the message was posted about you. So think twice, and maybe thrice before you hit “Post.”
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I just finished watching the documentary, Divorce Corp, and I have to admit that I have mixed feelings. On the one hand, as someone who has devoted his career to helping people understand that divorce should not occur in court, or even in the shadow of the courthouse, this movie may be a powerful tool in raising awareness of this very serious issue. On the other hand, as someone who feels dedicated to the truth and who feels a deep commitment to helping people fully understand their options in a fair and honorable manner, I bristled at some of the sensationalism and the broad generalizations made from some extreme examples. To the extent that the movie attempts to show that the problem with our family law system is that it is inundated with corrupt judges, greedy lawyers and dishonest custody evaluators, I need to state very clearly that I do not believe that to be true. Having worked in the family law system in Minnesota for more than 30 years, including two decades in court, I have found that the majority of judges, divorce lawyers and custody evaluators are honest people who care about children. Indeed, one of the reasons I strongly believe that the adversarial system does not work in resolving family issues, is that operating in the shadow of an adversarial system often damages families even when you have good people involved. There is much need for reform of our system and there is a strong need to raise awareness about the alternatives to court.  I had hoped that the movie would help people understand the existing alternatives to court rather than focusing almost exclusively on proposing legislative changes. To the credit of the movie makers, they did feature excellent commentary from two very credible peacemakers that I have come to know quite well. Woody Mosten and David Hoffman, two law professors who are worldwide leaders in mediation and Collaborative Practice, gave the movie producers valuable insights on how we can help families find a better way. While very few of those insights made it into the movie, the producers did release a trailer that discussed the benefits of mediation and Collaborative Practice as alternatives to court. An article by David Hoffman also does a good job summarizing many of the shortcomings of the film. As for the rest of the movie, I am recommending that people see the movie and draw their own conclusions. Even if you disagree with some of the exaggerations and proposed solutions, as I clearly did, it will at least get us all thinking and talking about this important issue. If you happen to be someone who is facing divorce, you should not emerge from this moving believing you will have found any answers or even a real grip on the truth of our family law system. Rather, my hope is that the movie will cause you to respect the important question about how to proceed with divorce so that you will seek out reliable information about all of your options. To learn more about Collaborative Law and other options that I believe are not clearly understood, go to www.collaborativelaw.org and www.divorcechoice.com.