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172244707-daddys-comfort-series-gettyimagesHaving recently become a grandparent for the first time, I am pondering the future with renewed urgency that my granddaughter’s legacy be one of hope and abundance. As she grows, there is no way to prevent the pain of grief and loss, the challenge of change or the regret of unfulfilled expectations, as major and minor crises are a normal part of our complicated human lives. But I want her to always know she is safe and loved, especially by her parents, as these are the building blocks of her resilience. Almost always, children experience divorce or breakup as a crisis, a challenging change, a loss. However, as I tell the parents with whom I work, it is possible to keep this crisis from ever becoming a trauma. It is possible to separate or get unmarried in such a way that your children will continue to feel safe and loved by both parents. Selecting a process that enables a divorcing couple to make the transition to effective co-parenting is an investment in their children’s future. As with other important investments, there is a need to balance potential gain with possible risk. In terms of impact on children, an adversarial divorce has minimum gain and maximum risk. A shorthand equation may be, the greater the court involvement, the greater the risk. In contrast, a process that focuses on respectful problem solving, and eliminates the need for court involvement, such as mediation or Collaborative Practice, has lower risk and potential maximum gain for children. Choosing the right professionals to guide you through the best process for your family can pay huge dividends in your children’s future.
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96390961-business-man-holding-wedding-band-gettyimagesIf a ring is a sign of marriage, should there be a sign for divorce? How do you handle simple social situations and interactions regarding your divorce? Do you come right out and tell people you are divorced, wait until it comes up in conversation, or ignore it completely? What about when someone asks you if you have a family? When my recently divorced neighbor moved into my neighborhood they first thing I had asked him was if he had a family. Once you’re past 30 it seems to be the natural conversation maker, so now how do you respond to that question? Some divorcees chose to keep wearing their wedding ring to possibly avoid these social situations, avoid the stigma of divorce, or maybe to avoid being hit on! Wedding rings are symbols of marriage, and once that marriage ends, it becomes unnecessary and possibly misleading to continue to wear a wedding ring. Some may wear the wedding ring on the opposite hand, or have it made into a different piece of jewelry. Interestingly enough, according to “Popular Mechanics” magazine British women in the 1920s would cut notches into their rings to symbolize divorce. Having children brings up another societal stigma regarding having a ring on your finger. A recent conversation with a widowed friend brought forth this subject as well. She had been wearing her wedding ring for three years since her husband’s death. Feeling that closeness to him played a part in it, but she said she mainly continued to wear it because she didn’t want to feel that society was judging her for being a “single mom” when she was in public with her child. Divorced mothers can surely relate. Many people struggle with what and how much to tell strangers, acquaintances, and co-workers. What do you think? Sometimes do you wish that there was a “sign” or “code” so that people just know and you can avoid the questions, would you rather keep it a secret when meeting new people, or are you open to questions?
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72918896-two-figures-held-together-by-hearts-around-gettyimagesCollaborative Divorce was started in Minnesota 25 years ago and has spread to more than 20 countries because it meets two basic needs felt by divorcing couples around the world. What does it mean to say that a divorce is Collaborative? First, it is important to understand that difference between the formal Collaborative divorce process (with a capital C) and the use of the word collaborative. To be collaborative simply means to work together and, in that sense, any divorce in which people work together could be described as collaborative, (small c). However, the Collaborative divorce process is something distinctly different. Most people want to keep their divorce amicable, and Collaborative Divorce gives them the tools to work out of court to make that happen. At the same, people facing divorce want to know that they are protected; that they have someone looking out for their interests. Collaborative Divorce provides each party with an attorney who will work with them to help them achieve their most meaningful goals. In a Collaborative Divorce, the attorneys must withdraw if the matter goes to court in an adversarial proceedings. That is the one rule. A rule that is simple and yet, changes the entire tenor of the divorce negotiation.   It is a great example of addition by subtracting. By subtracting one element, (the ability of the lawyers to fight), a door is opened to add many more valuable tools (true interest based-bargaining, teaming with financial experts and mental health professionals, deeper solutions, etc.). That one change redefines the negotiation and creates a ripple effect that, if handled in a skillful manner, creates many more options. People sometimes hire aggressive lawyers, reluctantly; believing that their spouse will be aggressive and that they, therefore, need to “fight fire with fire”. The problem, of course, is that fighting fire with fire means there is a great risk that someone (maybe everyone) will get burned. Collaborative Divorce, with the agreement not to fight, is intended to put out the fire, so that you, and your spouse, can build their future on solid ground.   That is not easy to achieve. It requires skill and commitment. An attorney who cannot use argument and fighting must have other skills. Equally important, clients who intend to achieve their highest goals without fighting must be prepared to work on developing other skills as well. To learn more about the Collaborative Process and to find experts with skill and experience in this area, go to www.collaborativelaw.org or www.divorcechoice.com.
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533297511-stock-market-chart-gettyimagesThere was an interesting article in the New York Times regarding divorce statistics. It theorized many different reasons the divorce rate seems to be decreasing in the United States. Perhaps, the economic downturn has caused couples to stay married longer rather than incur divorce costs? People may be getting married less. The author suggested that perhaps certain states or counties skewed the national data, however, state-by-state and county-by-county analysis seems to imply that the divorce rate is dropping nation-wide. In reality, it does seem like the divorce rate is dropping Another divorce statistic that is often discussed is the rate of divorce in second and third marriages being significantly greater than first marriages. Like the drop in divorce rate overall, there is not necessarily an explanation for the statistics but rather a reporting of them. One potential reason for the increased divorce rate in subsequent marriages is that the later marriages are entered into without as much due diligence. People rush into later marriages for the companionship. Another theory suggests that subsequent divorces are “easier” and less daunting because the individual has already survived a divorce. Regardless the reason behind divorce statistics, the facts remain. If you are going through divorce, however, the statistics don’t mean much. Your personal experience is all that matters and knowing your options – collaborative divorce and other alternative dispute resolution processes – can help you survive and thrive through a divorce.
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Most of my work as a lawyer involves representing clients in Collaborative divorces, and most of those cases involve the use of neutral experts to advise the couple on finances, child development, and communication/relationship dynamics. The idea is to provide them the best professional information in a non-adversarial setting so that they can make well-informed choices when resolving their divorce issues. Very often, the first of these professionals a couple visits will be their neutral coach/facilitator, whose responsibility, if hired, (among many others) will be to help couples appreciate where their communication styles get in the way of decision-making. I’m fortunate to have some wonderful professionals available to serve my clients in that role. In recent years, the coach I work with most often is Lee Eddison, someone who embodies the art of compassionate listening, but who doesn’t hesitate to call a spade a shovel after more nuanced attempts at guidance have been unavailing. One of the assessment tools she uses is to ask each member of the couple to say three positive things about their spouse’s parenting ability. “He doesn’t suck,” doesn’t count, either. She knows that if someone can appreciate a positive contribution to the family made by someone they dislike, there’s an excellent chance they can have an interest-based conversation en route to a resolution. That’s not to say there aren’t other bumps in the road, or good reasons to end the intimate partnership. But the ability to appreciate that duality in their partner at a time when it counts–when you’d least like to–gives that appreciation a power and a significance it won’t have later. It has proven to be a fair bellwether of success in a Collaborative process. Very few individuals who go through a divorce are all good or all bad. There’s a saying in the court system that “In criminal cases, we see bad people at their best, and in family cases we see good people at their worst.” It’s a sound bite, of course, but it’s often true. For divorcing couples who can appreciate the good things their partner has contributed, the chances of escaping the not-so-good parts without making it worse are much higher.
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450844547Almost all divorces end up in a negotiated settlement. (In most states, less than 5% of all divorces actually go to trial.) Therefore, the most important thing for couples to consider, before they start down the path toward divorce, is how to negotiate the best possible resolution to your divorce. When I ask most clients what they want from a divorce process, they almost always talk about two things: 1.) They want a divorce that is amicable. This makes sense. Most wise people would want an amicable divorce; either for the sake of their children, the protection of their finances, preserving their own mental health, or all three. No sane person would choose to have a messy divorce if they can avoid it. 2.) They want to feel protected. At the same time, almost everyone wants to feel some sense of protection. They are entering into important agreements that will impact their lives and, perhaps, the lives of the children for many years. They do not want to sign an agreement that they will resent or regret. These two negotiating goals do not need to conflict with each other. The biggest mistake that people can make is thinking that these two goals are in conflict with each other. They want an amicable divorce but they think the need to hire an aggressive lawyer to protect their needs. Or, alternatively, they think that all lawyers will be aggressive so they avoid getting legal counsel and end up with a settlement that they regret. Contrary to common belief, it is possible for divorcing clients to have the “best of both worlds”. This is the very reason that Collaborative Practice has grown all over the world. The best scenario, of course, would be to have an attorney who will protect your interests and yet preserve an amicable environment. Collaborative Attorneys are trained in non-adversarial negotiating strategies and they are retained for settlement purposes only. Because they focus on settlement only, they work to help your spouse to “say yes” by using interest based methods that help you get better outcomes, without creating the rancor and expense of using adversarial methods. To learn more about Collaborative Practice, and how it can be used to help you get your best outcomes, go to www.collaborativelaw.org or www.divorcechoice.com.
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Ask anyone who has ever gone through a divorce whether they have recommendations for how the process could have gone better and I bet they would have a list of ideas.  They would likely identify a need for their legal counsel to have communicated more frequently with them and to have helped more to educate them about their options at each step of the process.  They would likely say they worried that their legal counsel had a perverse incentive to provide more services (more hours of billable work) seemingly regardless of the effectiveness of those services because they billed by the hour and the client didn’t see or understand much of the work that the attorney was doing. Many professions, including law and medicine, are rethinking the most basic aspects of the services they provide and how they provide them and are defining new ways of doing things. I was reminded of this when reading an article in the New York Times titled When Medicine is Futile, which addressed the issue of whether medical providers are sometimes (or even as a matter of standard office policy) over-treating patients during end-of-life medical care. The article brought up the issue of whether medical providers—in the name of patient protection and patient care—may actually be working against the patient’s best interests (even affirmatively harming patients) by administering an inappropriately excessive—and futile—list of medical interventions. The article references a new report by the Institute of Medicine titled Dying in America: Improving Quality and Honoring Individual Preferences Near the End of Life (2014).  Some of the recommendations for improved care include increased provider-patient communication, education of medical providers in alternatives such as palliative care, increased patient planning and decision making, and different payment structures that may better align with patient care quality more than just the quantity of the services provided.  The gist of the recommendations to improve patient care relate mostly to increased communication, increased education of providers and patients about alternative options, and creating systemic incentives to reward quality patient care over simply providing a high quantity of billable services. Similar to a hospital emergency room, courtrooms offer intensive and expensive services.  In the court system, attorneys rack up immense billable hours based on providing clients with a large quantity of paperwork to submit to the court.  In the courtroom, attorney-client communication, client education about their options for resolution and client power to make their own decisions can be lacking. The legal system, like the medical system, is going through a paradigm shift where legal service providers are rethinking even the most basic aspects of the services they provide and how they provide them and are finding new ways of doing things. Collaborative Practice providers implement best practices similar to those recommended for the medical profession referenced in the report mentioned above, only in the area of legal representation instead of medical care.  In the Collaborative process, there is an increased focus on the quality, rather than just the quantity, of legal services.  This change in focus is inherent in the agreement of the clients and attorneys that they will not go to court to resolve their conflict as part of the Collaborative process.  In the Collaborative model, clients meet with a team of professionals to share information, learn about alternatives that might not have been considered, and evaluate their options in an open discussion.  This provides clients with increased knowledge about their options, increased communication with professionals, and true decision-making authority.
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1. Forcing Your Kids to Take Sides The last thing a parent wants to do during a divorce is to cause more pain for the children. Divorce is a painful time during which many negative emotions can arise, including anger, fear, regret and grief. Often there is a perceived need to blame the other party for one’s unhappiness, together with a desire to hold your children close. However, keep in mind that putting your kids in the middle is harmful to them. Resist the urge to blame and criticize your spouse in your kids’ presence. Don’t force your kids to take sides or to report on the other parent’s activities. No matter how difficult it may seem, the best thing you can do for your kids during a divorce is to remind them that both of their parents love them and will always be there for them. 2. Engaging in an Adversarial Divorce Divorce is a major life event. It is the legal recognition that your marriage is over. Unless your situation is unusually simple (short marriage with no children and few assets and liabilities), each party should have an attorney to provide advice and to make sure that the required documentation is accurate and complete. For most couples, the divorce process can be completed without setting foot in a courthouse. Using skilled neutrals in the Collaborative Process or mediation helps to avoid the polarization that often takes place in more adversarial processes. Better post-divorce communication, lower divorce costs and less resentment are other benefits of no-court divorce processes. 3. Having Unrealistic Financial Expectations Divorce means creating two households in place of one. Most couples are struggling to make ends meet before separation. Creating a plan to support both households can be challenging. Unless income can be increased, down-sizing and belt-tightening are often required. There must also be a plan to pay divorce costs. Understanding these challenges going into divorce can provide both parties with a reality check and allow the divorce process to go more quickly and smoothly. 4. Forgetting to Consider Tax Implications Many of the financial decisions made in divorce have tax consequences, some more obvious than others. When dividing marital assets, it is important to recognize that some assets may actually be worth less than face value due to future income tax liabilities. Most retirement accounts, for example, have been funded with pre-tax earnings, meaning that withdrawals will be taxed and, depending upon the timing, may have early-withdrawal penalties as well. Stock portfolios will likely be subject to capital gains taxes upon liquidation. On the cash flow side, dependency exemptions and characterization of support payments (child support or spousal maintenance) impact the amount of after-tax cash each party has available to meet living expenses. It is essential to get competent advice during the divorce process in order to avoid unexpected surprises down the road.
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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.
 
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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.