Pre-K Graduation CeremonyDivorce lawyers, when trying to urge their clients to settle their divorce case and save fees, will sometimes point out that a costly divorce is, directly or indirectly, draining the college fund for their children. This is a stark reality that, on occasion, will cause clients to pause long enough to set aside some emotional issues in order to preserve their nest egg. I have found that comparing college savings to divorce savings can be helpful in other ways as well. In working with divorcing couples for more than 30 years, I am often very impressed by the enormous sacrifices that middle class Americans will make to assure that their children get a good college education. This seems to be so embedded into the American dream that is not unusual to see parents fund their children’s college education even if it means depleting all savings or incurring great debt. In many divorce cases, the college savings are the “sacred cow”, the last thing to be impinged upon, based on shared belief that “the children come first.” For the most part, this is incredibly admirable. College education, or other post-secondary opportunities, can truly make a difference for our children and watching parents sacrifice for the greater good generally seems like a good idea. However, during a divorce, the sacrifices made for post-college education needs to be compared to other family sacrifices. Many adult children, who have gone through college, as well as their parents’ divorce, claim that getting through their parents’ divorce was the bigger challenge. More important, it is often easy to see that the way their parents handled their divorce had an even greater impact on their future lives than whether they had to take out a student loan to cover a larger portion of their college education. It is easy to see why this would be true. Yet, it is a hard realization for parents to accept when they are asked to consider “investing” in their children’s divorce in a similar light to an investment in college. For example, in most cases we recommend that parents work with a child specialist during a divorce; someone who can make sure that we are truly hearing the needs of the children and who can guide the parents in creating and implementing a parenting plan that is truly in the best interest of their children. The investment in a child specialist generally ranges between $1,000 and $2,000, a relatively small investment when you consider what is at stake. Yet, I see many really good parents who balk at this investment, even while committing tens of thousands of dollars to make sure that their children are not overburdened by student loans. I get it, in a way. A college education seems like a more tangible thing and, if you have never been through a divorce or worked with a child specialist, it may be hard to envision the benefits of a child specialist in the same way. In truth, there are times in which working with the child specialist has only a slightly advantageous effect on co-parenting.  However, there are other times when the difference is life changing. And when you carefully consider what is at stake, I can usually, without hesitation, recommend that investment, even at the risk that it could (although not necessarily) add $120 to $200 per month to little Johnny’s student loan payments.
There is a very funny video making the rounds that shows a woman talking to her husband about this mysterious pain in the middle of her forehead.  Early in the video we are shown that the pain is being caused by a nail in her forehead. When the husband gently tries to point this out, the woman becomes upset with him for “refusing to listen” and for always “trying to solve the problem.” The video is really very funny. It is sure to make you laugh; and might even drive home a point. There are several insights to be drawn from this video. I like to focus on this very simple one:  Sometimes the causes of our seemingly complex problems are so plain that we need only to look in the mirror. Things that have become complex in our minds are quite obvious to those around us and, if we step back, could become obvious to us as well. I work with divorcing couples every day who struggle to find their way through difficult issues. While divorce can, of course, present complex issues the bigger challenge is that the emotions surrounding the divorce can be so intense that even simple solutions can seem elusive. During these painful experiences, our minds can so easily fixate on what other people could do to make things better. Most of my clients are quite skilled at identifying the ways that their spouse could improve their behavior. While their observations may be accurate (at least in part), changing a spouse’s behavior is often beyond our control. Yet, our power to change other things; our own behavior, our attitude, or our ability to accept what is happening in our lives, can often be quite plain to see.  Sometimes it is as even as obvious as a nail in our forehead.
hugDivorce is never truly good. But a bad divorce can create many years of devastation.  If you have a friend or family member approaching divorce it can be difficult to watch the economic and emotional turmoil unfold, particularly if there are children involved.  As a friend, or a family member, you want to help; but can you? In my 30 years as a divorce lawyer, I have seen how friends and family members can provide much needed support and comfort that has helped my divorce clients get through this process in a much healthier way. At the same time, I have often watched well meaning friends and family members give my clients advice that actually made the divorce more adversarial. If you know someone who is going through divorce and want to help, here are five things to consider.
  1. Encourage them to seek counseling, if appropriate. Whether they are trying to save the marriage or simply manage the emotional turmoil and grief during this difficult time, a good counselor can be even more important than a divorce attorney. They will soon be making some of the most important decisions in their lives during a time in which their sense of reason and judgment may be impaired by emotions. Getting help with the emotional and psychological aspect of divorce is crucial.
  2. Give them support and encouragement; but not legal advice. If you have been through a divorce, or have experienced the divorce of close friends, you may be tempted to advise others based on your observed experience. This advice, though well intended, can often be quite harmful.
  3.  Encourage them to truly research their options. Most people rush into divorce without truly understanding their choices.  As  result they often choose a method that is not the best alternative for their family.
  4.  Help them understand that civility is not weakness.  Divorce can create fear and anger that tempt people to seek “a pound of flesh.” Few families can emerge from an adversarial divorce unscathed. Help them understand that resolving their divorce in a civil and respectful manner can actually get them a better outcome.
  5.  Avoid demonizing the spouse. Divorce often creates a delusional reality that causes people to see their spouse in a very negative light. Accepting  your friend’s emotionally impacted negative view off their spouse can even seem like the “supportive thing to do.” Usually it simply adds to the misperceptions that make future co-parenting more difficult.
People facing divorce need emotional support and friendship as much as they need professional help. If you can provide that support, without giving into the temptations to do more, you will be doing your friend or family member a great service.