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I’m sharing this post with my readers because of the simple message of opportunity it carries for anyone facing divorce. If you know of someone about to face divorce, you would be doing him or her a great favor by sharing this article. You will help educate, inform, and provide the opportunity for choice and hope not only for the person you know, but also for their entire family. This post is reprinted here with permission of Pauline Tesler, a Collaborative colleague who hails from California. Pauline is the co-founder and first president of the International Academy of Collaborative Professionals, frequent lecturer, and trainer. Divorce as Temporary “Diminished Capacity” You don’t need to be a lawyer or a psychologist to know that going through a divorce is one of life’s roughest passages. It can cause a myriad of emotional responses that can at times feel overwhelming and limit your ability to think clearly or make good choices. Unfortunately, this occurs at the very time you are called upon to make some of the most important decisions of your life. For many people, the ending of a marriage is a time of temporary “diminished capacity.” By diminished capacity, we mean a period during which the person you thought you were on your best days—competent, thoughtful, considerate, reasonable, fair-minded, resilient—disappears for days or weeks at a time. The person you generally know yourself to be gets replaced temporarily by an unfamiliar and frightening self who can hardly summon up enough energy to get out of bed, wallows in fear, confusion or anger, or jumps to hasty conclusions in order to end the conflicting impulses about what to do and how to behave. Recovering from the shock of a failed marriage involves moving through that initial period of diminished capacity, until gradually, more and more of the time, your pre-divorce “best-self” is back at the helm. Most people can expect to feel something like their old, pre-divorce selves in eighteen to twenty-four months from the time of the divorce decree, though it happens more quickly for some and more slowly for many. During that recovery period, it is quite common for people to veer suddenly and dramatically from day to day, or even hour to hour, between optimism and darkest pessimism, between cooperative good humor and frightening rage. You may be experiencing such intense emotions as you come to terms with the possible—or actual—ending of your marriage. Most people do, at least some of the time. Keeping the focus on best intentions and good decision making in light of that reality is what collaborative divorce is all about. Thinking clearly about what kind of divorce you want and how you’ll get there may be an unfamiliar concept to you. Most people are surprised to learn that the choices made right at the start of the divorce process have great impact on what kind of a divorce experience they will have. Even when people do understand the high stakes of those early choices, thinking clearly and making intelligent choices at that time can be very challenging, because divorce is an emotional wild ride like no other. Even very reasonable and civilized people can find unexpected, hard-to-manage emotions popping up at the most inconvenient times, particularly during the early months of a separation and divorce—exactly the time when you will be making decisions that determine what kind of divorce you are likely to get, and how your divorce will affect the rest of your life. When you choose collaborative divorce, a team of professional helpers from the fields of law, psychology, and finance will provide coordinated support and guidance to help you and your partner slow down, reflect, focus on values, aspire to high goals, make good choices, work together constructively while avoiding court, plan for the future, and reach deep resolution. In our experience, this kind of coordinated professional help isn’t available anywhere else but in collaborative divorce. If you choose it, you and your spouse can count on professional advice and counsel that will:
  • encourage both of you to remember your goal: the best divorce the two of you are capable of achieving
  • educate and remind you about the divorce grief and recovery process so that you can choose to operate from your hopes rather than your fears
  • help you focus on the future rather than the past, and on your deepest personal values and goals for the future rather than what the local judge is permitted to order
  • make it possible for your financial advice to come from a financial expert, and your parenting advice to come from a child specialist, so that your lawyer is freed to do what lawyers do best: help you reach well-considered resolution
  • keep you and your spouse focused on how your children are really doing, and how the two of you can help them move through the divorce with the least possible pain and “collateral damage”
  • teach both of you new understanding and skills that will help you be more effective co-parents after the divorce than you may be capable of right now as your marriage ends
  • make sure you and your spouse have all the information you’ll need to make wise decisions—not just information about the law, but also about finance, child development, grief and recovery, family systems, negotiating techniques, and anything else that will help you devise creative lasting solutions
  • emphasize consensus and real resolution, not horse-trading and quick fixes
  • help you maintain maximum privacy, creativity, and self-determination in your divorce.
Divorce is never easy, but making the collaborative choice helps you to move through a challenging life passage with dignity, intelligence, and respect. [Excerpted and adapted from Introduction and Chapter One of Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues, and Move on with Your Life, by Pauline H. Tesler, J.D., and Peggy Thompson, Ph.D.] To learn more about Collaborative Divorce here in Minnesota check out our website at www.collaborativelaw.org.
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For me, February brings to mind two things: cold weather (especially for us mid-westerners) and Valentine’s Day. If you are a divorced woman, the latter might make you cringe. So how can we get through this month on a positive, upbeat note? With Valentine’s Day on a Friday this year it’s going to be hard to hide from it, so let’s embrace it! Here are some tips to help you survive Valentine’s Day:
  • Gather your single friends for dinner or a ladies night out!
  • Do you have the kids that night? Make the day about them and your love for them! Make a special project, meal, or dessert.
  • Treat yourself to a spa day! If it is not in the budget this month invite a few girlfriends over for at home spa treatments. Enjoy some wine and make it a sleepover!
  • Send yourself flowers or chocolates. It may be materialistic, but purchase something that brings you pleasure. Treat yourself the way you’d like to be treated.
  • Do something active, take a yoga class or go for a run.
Divorce is a transition. Remember that it does not define you and it is in no way a reflection of who you are.
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Jenny McCarthy 2012Recently, I was watching The View on ABC. The panel was discussing forgiveness when co-host Jenny McCarthy brought up how her views about her Ex had changed. She and her husband, John Asher, had a son, but apparently there were plenty of hard feelings attending the 2005 divorce. McCarthy described a change she recently went through concerning her child’s father. “I think when you have a child,” McCarthy said, “you create a soul contract.” She went on to explain the concept in terms of being there to provide what your child needs. And recently, she said she had started to view the man she had been married to much more as the father of their son, and much less as the former husband with whom she had been in conflict. She was able to love him again, in that parent role, because their son needed his parents to have regard for one another. What was even more impressive was that their son picked up on the change right away, and clearly appreciated it. That concept, that the relationship roles shift during and after divorce, is a hard one to internalize. It can be excruciating to cease regarding a person as an intimate partner (with its attendant pressure to run in the opposite direction) and simply regard a former spouse–and appreciate them–as the Other Parent of your children, but that’s often exactly what your children need.
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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.
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New YearAfter the magic of the holidays dies down it can be hard to pick up the pieces. This holds true even if your holidays didn’t seem magical. The hustle and bustle of shopping, cooking, traveling, holiday parties, etc., can create a pretty good distraction and may have you wondering, “now what?” The stress of the holidays can send couples on the brink of divorce over the edge, and likewise, people set on divorce tend to try to get through one last holiday season together “for the kids” or “for the family.” More people file for divorce in the month of January than any other time of the year. Typically the day most common for filing for divorce is the first day of the first full work week of the year, which for 2014, would be Monday, January 6. We all know New Years is as good of a time as any to start setting goals. What do you want 2014 to look like for you? Finalizing your divorce, fine-tuning your parenting plan or saving up for a much needed vacation? Fill in the post-holiday gaps by working on your goals. Maybe that vacation won’t be a reality for a long time, but planning is half the fun. Start a board on Pinterest, take a stay-cation and discover all the amazing things your city has to offer, start journaling, pick up an old hobby that maybe you haven’t done since before marriage or before kids. This painful time is a growing point in your life and there are lessons to be learned during dark times, lessons that Daisy Camp can help walk you through. Daisy Camp is a one of a kind retreat that provides financial, legal and experienced advice from qualified professionals that can help women that are going through a divorce transition. Coupled with the business seminars, many inspirational and self-care sessions help enable women to navigate the business and emotional realities that come from a divorce proceeding. Daisy Camp will be offering its first retreat of 2014 on January 25th. If you or a friend find yourself amongst the post-holiday divorce statistics please remember Daisy Camp is here to offer divorce education and support. Find more info at www.daisycamp.org.
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Many of us have been there. A close friend has just confided that their marriage is ending. The news may or may not be surprising, but may still catch you off guard. You want to say and do the right thing. What can you do to be helpful? Here are three suggestions: Listen. First of all, just listen. This is so important…and much more difficult than it sounds. Listen with empathy and openness. Try to resist the temptation to react, interrupt, interject your own experience, or provide advice. Understand that your friend is expressing the truth as they see it in that moment, and that what they need most of all is connection. When we are listened to, we feel connected. Support. Divorce is an emotional event that takes time. As with any difficult journey, it helps to have a support along the way. By being available, and providing a stable presence in your friend’s life, you can provide much needed emotional support during what can be a tumultuous time. Meanwhile, try to refrain from giving legal and financial advice. Your friend must have competent professionals to assist them in these areas and needs you to be a friend. Be honest. If your friend does ask you for advice, be honest. Telling them what you think they want to hear will only serve to bolster what may be an unreasonable position. Instead, try to engage in a compassionate conversation about your friend’s situation. Expressing your own perspective from a place of caring may help your friend become more open to other perspectives and possibilities. You have been invited to accompany a friend through one of life’s most challenging transitions. By listening, supporting and being honest, you can provide a much needed connection along the way.
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“It’s a little girl,” my friend Rick said, his voice shaking with excitement. “Everybody’s fine!” A little later he said, “You know what the best part of this is? I didn’t hear about it. I was there for it!” It was an especially poignant thing to say, because the new mother–his daughter–was just starting grade school when Rick and his wife divorced, and she and their little girl moved to the East Coast from the West Coast. “I read to her,” he told me not long after we met. “I read to her every Tuesday night at seven. I give her Mom a lot of credit for that. Every Tuesday night at seven o’clock, I’d call her and I’d read books to her over the phone for an hour so she wouldn’t forget the sound of my voice. I worked it out with my boss, and I’d come in an hour early on Tuesday.” “What did that do to your phone bill?” “Are you kidding?” he said. “It’s the best money I’ve ever spent. The Summer she got married, I walked down the aisle with her, and then I went and sat next to her mother. And we were both crying!” It made me wonder about some of the kids in the thousands of families that divorce each year in Minnesota who spend years waiting for the sound of a parent’s voice, or a card, or a hug. And I remember what Rick said when I asked him why he did it. “I wanted her to know who she was, where she came from. I didn’t want her to wonder who she is. I never put a price on that!” Apparently, it worked.
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The holidays are centering points for families, but how do you handle the holidays when dealing with divorce, or when a broken relationship has you wondering, “How can I celebrate anything?” How can you embrace Thanksgiving, sing about “Joy to the World,” light the candles on the menorah, or tell the stories of Kwanza when your life is crumbling all around you? To help you move from grief to celebration it’s important to remember your divorce is: 1. Not the end of your life. 2. Not the end of your family. 3. Not the end of your happiness. 4. Not the end of your holidays. Things will change, you will definitely get the joy back, and you just might find that the true meaning of the holidays will shine brighter than ever. Remember the reason for the season. Take some time to nourish your spirit in whatever way has the most meaning for you, whether it’s going to church services, visiting with friends, or taking a walk through the park. Volunteer at a local shelter to serve meals to the homeless, or volunteer to wrap presents for needy children. Helping others takes your mind off your own difficulties. If you are feeling blue about the upcoming holidays, try to focus on what you ARE thankful for. Most people feel much better about their lives when they take the time to sit down and think about what they have in their lives that are important to them. You will feel fortunate to have the good things in your life. More people file for divorce in the month of January than any other time of the year. Is it because the holidays are so stressful or because couples are just trying to get through one last season as a family? Regardless of the reason, or whether you are divorced, separated, or just thinking about it, remember to take care of YOU this holiday season.
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choosing an attorneyI recommend you research and interview several divorce attorneys. This can help you develop and clarify some of your goals and interests and help confirm the choice of process you and your spouse want to use. It’s important to keep in mind that an attorney is only one member of what hopefully will be a team of professionals to help you on your “getting unmarried” journey. Child specialists, financial specialists specifically experienced in divorce planning, and possibly a coach should also be considered as a part of your team. My reason for suggesting these other professionals is simple. They each are experts in their respective fields. Attorneys are not really trained to be financial specialists nor are they trained to be therapists or child specialists. They are trained to be attorneys and are a much needed part of your divorce team. Divorce however, is more than a legal event. Getting unmarried is a financial, emotional, and relational event as well as a legal event. Think about it, if you were to have heart surgery would you choose a general practice physician? I doubt it. Getting unmarried is like having open-heart surgery on your life’s finances, your children and multiple relationships. You will, in my opinion, be better served by having a team of experts in their respective fields assisting you and your spouse on this journey. Now back to choosing an attorney. You want someone who supports you and the type of process you and your spouse want to use. You will both want someone who listens to you, someone who doesn’t necessarily tell you what you want to hear but rather someone who has the wherewithal and will honestly be a realistic advocate. If an attorney promises you specific outcomes in your divorce, I would encourage you to run the other way; don’t walk. A good divorce attorney knows there is no certainty of outcomes in the divorce arena. You want a problem solver not a problem maker. There are plenty of good problem solver types of attorneys around. Unfortunately, as in any profession, there are some problem makers as well. How do you find the problem solvers? In today’s wired world you can Google the attorneys name, check out their website, LinkedIn profile and Facebook pages. You can do all this before ever picking up the phone. If you do thorough research and interview several attorneys you should be able to distinguish between the problem solvers and problem makers. You may want to consider making an initial phone call to an attorney before scheduling an interview session. This can tell you how quickly they return calls and how connected you might feel towards them from your initial phone conversation. It will also save you and the attorney time if you decide not to set up a face-to-face interview after the phone call. When interviewing attorneys, ask how they will communicate with you. Some clients think their attorney and other professionals should be available for them around the clock.  Remember you are not their only client and they have a personal life and schedule as you do. Ask them if they will be communicating directly with you or will their assistant or paralegal. Ask them what you should expect in terms of them replying to your phone calls and/or emails. It’s better for both you and the attorney to have clear expectations up front to avoid disappointment later on. Traditionally, I believe most individuals begin the process of getting unmarried through contact with an attorney. Part of the reason for this is our culture including media has conditioned us to first approach divorce through the legal channel. While I certainly would not discourage anyone from beginning the divorce process through the legal avenue, there are other approaches. It may be through a marital counselor, therapist, financial professional, divorce coach or some other channel. While the majority of divorce cases still begin with attorneys on board, it is not unusual for a couple to begin the process with a child specialist, financial specialist, or divorce coach, brining the attorneys on board at a later time. This approach is dependent upon the comfort level of each spouse, their priorities, needs, and concerns. The point is the divorce process can begin in a number of avenues and does not necessarily have to always begin with the attorney. In my next and final post in this series I will offer some questions for you to consider when interviewing an attorney.
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Rupert Murdoch Wendi Murdoch 2011 Rupert Murdoch’s divorce from his third wife is all but final. It seems they reached a settlement agreement that presumably divides their assets and details a parenting schedule for their two children. Who did what to whom? Who is the more capable parent? What is the settlement? What did the reported prenuptial and multiple postnuptial agreements say? We will never know and it is for the best. While the details would have provided entertaining reading about how the other half live, the family will benefit from not having their opinions/positions about each other immortalized in an affidavit or court transcript. While I can only guess what went on behind closed doors, I believe the following quote from their publicist hints that they may have gone into negotiations with a shared goal of dissolving their marriage in a respectful manner, with the needs of their two daughters in the forefront. “We move forward with mutual respect and a shared interest in the health and happiness of our two daughters,” the Murdoch publicist stated. By not taking a position and sharing an interest, the Murdochs did not have to divulge the details that would have helped a judge to make a decision about their lives, and would have kept people entertained for hours. They took matters into their own hands and figured it out with a common goal, and thereby they were able to keep private matters private. Thus, they gave their daughters the best chance of being happy, as they could go through life without knowing, hopefully, what their parents thought of each other. They are left knowing that their welfare guided their parents discussions and kept the matter out of court, and therefore, confidential.