divorce with dignity Archives | Page 3 of 5 | Collaborative Law Institute

August 23, 2015

In a divorce, parents often wonder how to tell the children about the dissolution. This can be particularly difficult if the parents have a strained relationship or if the parents disagree on divorcing. Research shows that coming up with positive ways to talk to kids about divorce and a shared message can significantly impact how the children process and thrive after divorce. A family specialist or other collaborative professional can help parents work on this messaging.

An often forgotten element of divorce, however, is the “story” for everyone else. The children of divorce often take precedence, but divorcing people also may worry about telling their own parents, extended family, friends, or people in the community.

As a collaborative professional, I often have divorcing clients wonder “how can I tell my child’s teacher?” “I am worried about what my mom/sister/grandmother will think if I tell them about the divorce”. Or, “what will the neighbors think?” People also may worry about telling people at work. While it is important to have a shared narrative for the children, it can often be beneficial to have a shared narrative for the greater community as well.

If both spouses work together on messaging, it can avoid confusion and prevent additional animosity resulting from third parties. In collaborative divorce, the professionals often work with clients on the shared narrative to the community. While it is important to have a consistent message, people sometimes differ on the level of information to share. It can also sometimes be difficult to consider not being 100% honest in what is shared. While it is rarely best to lie, keeping certain elements private or just stating “this is not something we are comfortable sharing” can be a good way to have a message, but keep it controlled.

A traditional court process does not typically address this messaging. By making a decision to use a non-adversarial, out-of-court process, such as collaborative law, couples can work together to find more complete and holistic resolutions. This work can lead to better, long lasting resolutions for the individuals and others in their lives.

August 17, 2015

As a collaborative law professional, I work with divorcing couples on out-of-court resolutions that meet big picture goals and interests. It is challenging work that I have dedicated my career to and I strive daily to provide the highest level of service. As a general practice, I check in with my clients a year or so after the divorce to see how things are going. I genuinely care about my clients and enjoy learning where they are at after a divorce and what accomplishments and challenges they have faced after the transition. While many traditional, court-based divorce attorneys hear from their clients often with post-decree disputes or modifications, I believe if I have done my job most effectively, clients will be prepared to handle most everything that comes up after a divorce on their own. More often than not, the only way I know how my clients are navigating a post-divorce world, is to reach out and ask them. I recently heard from two former clients. First, I heard from a spouse who had one of the more challenging financial situations I have dealt with. There was significant debt and substantial expenses (as there often are) and they had shared some unique financial goals regarding their investments and retirements moving forward. They also agreed to share future income in a manner that was unique in the eyes of the law, yet suited their big picture goals. The parents agreed on many parenting issues, but both had personal experiences with bad divorces in their own childhoods, so they were apprehensive and untrusting of the other. They also intended to move out-of-state for the main wage-earner’s work once the children finished the school-year, although there was concern on follow through with this agreement. I heard from this client that the move happened without a hitch and they have peacefully transitioned into two homes in a new community. The children are thriving with the help of good communication and some family counseling. I heard from my client that “things are better than I expected” and that my client truly believes they are both doing really well. Most importantly, my client was excited to share the accomplishments of the children, yet sharing truthfully some of the difficulties they have had with the transition. This client expressed gratitude for a collaborative divorce process that allowed them to acknowledge the positives in their relationship and preserve what works, while restructuring things for a better future. My other client had recently navigated his Wife getting remarried. He provided spousal maintenance to his ex-Wife and the decree had contemplated the financial circumstances changing upon remarriage if either spouse requested such a review. My client informed me that despite the decree allowing for a review, he had decided not to do so because he wanted to continue to support his ex-Wife in a financially stable situation for the benefit of his children. Even though he could have likely lessened his obligation, he felt most comfortable with maintaining the status quo and continuing support. Like my other client, he thanked me for providing a process that allowed him the flexibility to decide what feels right but also preserved the respect and caring he shares for his ex-Wife. Indeed, that respect has benefited her greatly as well through the support. In my years of experience and check-ins with clients, I am continuously impressed by the level of gratitude clients express for the collaborative process. It is a process that creates unique outcomes tailored to each family’s needs and, I believe, results in longer lasting agreements and stronger post-divorce relationships.

August 14, 2015

In divorce many people hire attorneys with the hope of receiving what the law entitles them to receive. They focus on their rights and ask their lawyer to help them get what “the law” provides, perhaps believe that this is the best way to protect their interests. Most people don’t realize how focusing on the law and “rights” is setting the bar very low and on occasion, guarantees them that they will need to settle for the very minimum rather than trying to achieve their most important goals. Divorce laws are created to establish minimum standards for the government to apply if the family cannot come up with a solution on its own. For example, the child support guidelines give you an idea about the minimum amount that would be required for the support of your children if a judge is required to intervene. The property division that your lawyer tells you will be ordered under “the law” merely describes the minimum that the law will compel. The parenting schedule normally describes the minimum times that you must be allowed to see your children. Nevertheless, it is a curious aspect of divorce law that people often start out focusing on those minimums and do not stop to reflect on what might be possible. Striving for minimums is an unusual way to begin down any path, particularly with something as important as family relationships. Outside of divorce, few of us would ever think that we should provide only the minimum to our family members. We would rarely respond to needs of our children, or our spouse, or a parent or even an aunt or uncle for that matter, and say “what is the very minimum that the law would compel me to do?” To the contrary, faced with these situations outside of divorce, we would be drawn to think in terms of doing the right thing; doing the best we can do under the circumstances. Yet, as soon as we enter the divorce world, we automatically assume this “minimum only” mentality and we hire lawyers to fight over those minimums. No doubt some you are thinking that divorce is different because you are dealing with an ex spouse and that the rules of conscience and decency should not have the same sway as with a real family member. But is that really how it is? First of all, if there are children involved, it is difficult to enforce minimums without catching them in the crossfire. Because your children will live in the same house as your former spouse for a significant portion of their lives, there is no way to force your spouse to accept minimums without impacting your children, at least to a degree. In addition, is your spouse, the mother or father of your children, someone who can be immediately relegated to the role of non-relative and allow you to feel a complete indifference to their well-being, (or worse)? No doubt, many divorcing people have found ways to view of their ex spouse in this way. However, most people, once they get past the anger, fear or sadness, admit that they do not hold this complete indifference and, in fact, express real caring, and concern for their ex spouse. So, how do we shed the “minimums” mentality and approach divorce by setting the bar much higher? It will take more than one blog to cover the many different ways to create better settlements by appealing to higher standards. But here is a start. Go to www.collaborativelaw.org or to www.divorcechoice.com and find a divorce professional who speaks this language. You may be surprised by what is possible.

July 28, 2015

I have practiced law for almost 15 years. As a collaborative divorce attorney and mental health professional, I fundamentally believe my non-adversarial approach is better for children. The outcomes protect children’s best interests and provides them the best opportunity to thrive in a future, bi-nuclear family. Research confirms this notion, but not until recently was my personal belief proven in my practice. For the first time in my career, I had a potential client come into my office who was referred to me by her 12 year old son. This woman and her husband had decided to divorce and before starting the legal process told the children. They sat down their 12 year old son and 9 year old daughter and told them that mom and dad had decided to get divorced. Amongst the various reactions, their son asked “could you get divorced in the way Tommy’s parents divorced?” Their son said of all his friends with divorced parents (as expected, there are many) he noticed that there was something different about Tommy’s parents and the way they divorced. They were different, he told his parents, and that was what he wanted. At their son’s request, the parents reached out to Tommy’s parents to learn more. Tommy’s parents had had a collaborative divorce. Despite great challenges emotionally and financially, Tommy’s parents had put their greatest interests ahead of individual gain and brought their best selves to the divorce process. The outcomes reached were unique and tailored to provide the very best for everyone in Tommy’s family. Tommy probably didn’t know his parents “did divorce” differently. Tommy just experienced what he experienced…but his friend noticed. I represented Tommy’s dad in his collaborative divorce and I am so grateful that kids notice how well Tommy is doing. This experience is a reassuring and lovely example of the far-reaching benefit of collaborative law. It shows that children really do notice and, more importantly, the community at large can see how children of divorce can thrive … If the divorce is done well. Kids notice.

June 12, 2015

In the past few months, I have seen a number of people in my social network share this letter. It is a wonderfully written letter from an ex-Wife to her husband’s new girlfriend. Instead of the expected angry, hurtful, stay-away-from-my-children many people would have expected, the letter is filled with caring love for another human being and a potential influencer in her children’s lives. It is welcoming and tries to explain many of the nuances of the new family structures that arise out of divorce. Indeed, they take all shapes and sizes. This letter has been shared tens of thousands of times, because to the general public, it is unique. It is not what they expect to emerge out of divorce – it is not what society seems to expect of couples deciding to end a marriage. Truthfully, however, I see this kind of result all the time. As a collaborative divorce specialist, I loved this letter. It brought tears to my eyes as a real example of kindness and compassion in action. It is what I strive for every day when I work with families transitioning through divorce. We ground the collaborative process in mutual shared goals. If there are kids involved, both parents always want outcomes that protect the children. Regardless of what behavior, emotions or acts have led parents to a divorce, I know parents want to maintain strong relationships with their children and want their children to thrive in a post-divorce world. Many parents would even acknowledge the important role the other parent plays in raising the children. These goals are not unique – I see them all the time. And, when parents commit to an out of court, non-adversarial process, like collaborative law, the professionals in the process are as committed to these goals as the clients. I believe this letter demonstrates how important a positive co-parenting relationship is for children of divorce. That relationship lasts the rest of your life – figure out how to make it work. You do not need to be friends or call each other to talk about your day at work, but a respectful communication style to discuss your children will hugely benefit everyone. Having a strategy to embrace and face the changes that come after divorce is important as well. Statistically, both parents are likely to start new relationships – address these changes with healthy communication or seek outside support to learn how. Collaborative law is a divorce option that addresses many of the long-lasting implications of divorce and attempts to prepare families to move into a post-divorce life that allows everyone to thrive.

May 29, 2015

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Collaborative 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.

May 20, 2015

Peace is possible though we are surrounded by 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 has some similarities to 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 well-being 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:

1. I will be impeccable with my word.

2. I will not personalize what the other person says, does, thinks or believes.

3. I will make no assumptions.

4. I will do my best every day with the energy I have been given.

In Collaborative Team Practice, parents who are getting unmarried can draw from sources of support for the emotional, financial, parenting and legal issues that are involved. Parents remain in charge of their own outcomes, but are given tools to keep the process as respectful as possible, thereby setting the stage for child-centered co-parenting in the future. And the world your children will inhabit is in the future. Let it be a peaceful one.

April 14, 2015

Almost 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.

February 16, 2015

Every once in awhile a movie comes along that gives us an important glimpse into the world of divorce. Richard Linklater’s movie Boyhood is one of those rare films. It tells the story of a divorced family over a period of twelve years in a way that has moved audiences and impressed critics all over the world. It won the Golden Globes and Critics Award for Best Picture and is one of the favorites to win the Oscar for best picture as well. One of the unique features of the movie is that it was filmed over a period of 12 years, so you actually watch the boy grow from age 6 to 18. Seeing the real actors grow over time does seem to make it feel more real and by the end of the film the viewer gets a powerful sense of how this world feels, particularly for the children. Parents who have been through a divorce, or who see the possibility of divorce, are likely to be particularly moved by the film. While the movie clearly shows the pain and difficulty that the children face from living in two homes, and in having to adapt to new step-parents, it is not a grim account designed to make us feel that children of divorce are doomed. Indeed, Linklater, who acknowledges that the movie is based loosely on his life, says he was more interested in just showing that, for many families this world is very real. Over the twelve years, the boy, and his older sister, face many of the same issues faced by most children; the fact that they experienced those issues in separate homes adds a different dimension to their lives but, at least in this movie, does not devastate the family. Without spoiling the movie, it can be said that the divorced parents in the movie, while clearly imperfect, work through their life experiences without intense bitterness toward each other and, in the end that seems to have made all of the difference. I have, over the years, observed divorcing parents who never truly overcame their grief or anger. When I imagine the “Boyhood” story with these parents, I realize the story would have a completely different feeling. For me one of the messages that the movie underscores is that divorcing parents can be imperfect, and they can make the mistakes that we all make; but if their love of their children prevails, and they come to resolve their issues of grief and anger, their children can thrive. In my 32 years as a divorce attorney, I have witnessed every variation of the “Boyhood” story. My observations have convinced me that, for most divorcing parents, the method they choose for their divorce can make all of the difference. When it comes to divorce, some sadness, fear, and anger are inevitable. However, choosing a process that will help you resolve those issues, rather than inflame these emotions is crucial. To learn more about your choices, go to www.collaborativelaw.org or www.divorcechoice.com.

February 6, 2015

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My husband and I celebrated our 40^th wedding anniversary this year. It feels like a big number but I don’t feel old or tired of the marriage. My husband and I have worked hard to keep our marriage fresh and vibrant, and we look forward to the next 20 or 30 years together. But as a collaborative divorce attorney, I know that even happy marriages can come to an end. In fact most marriages are happy, some for many years, before “stuff happens” and one or both spouses decide to end the marriage. Before I became a “collaborative” divorce attorney and was merely a “traditional” divorce attorney, it was frightening to think of going through my own divorce. My experience as a “traditional” divorce attorney made me all too aware of the stress my clients and their spouses underwent in an adversarial process that sometimes exacerbated the conflict between them and put pressure on them to vilify or blame the other. However, since limiting my practice to the out-of-court collaborative divorce process, I am no longer afraid of going through my own divorce if that became necessary. I know that my husband and I would be respected in the collaborative process and that we would work for the greater good of our family and for our mutual future security. While my marriage would be a great loss to me, I know the collaborative process is there to gently, effectively, and efficiently escort me and my husband through this important life event. Don’t be afraid. If you are faced with or considering an end to your marriage, consider a collaborative divorce. You can find out more about it at www.collaborativelaw.org and www.mndivorce.com.