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blog picWhile researching for this post, I came across a number of divorce-related blogs.  The blog medium provides an efficient and concise opportunity to share information and educate the public.  This blog focuses on the collaborative process — where clients commit to an out-of-court, non–adversarial process. Here are some other blogs that may provide additional information as you navigate the divorce process:
  • Jeff Landers writes in Forbes Magazine about complex financial issues that women face in divorce.  He is a Certified Divorce Financial Planner who has extensive experience with high asset divorces.  His blog is informative and financially savvy.
  • Divorced Girl Smiling is a personal blog written by a woman during – and now after her divorce.  It is a personal account of her experience, as well as a gathering of resources for others who may be going through the same thing.  The archived blogs provide a great path through the litigation process, and provides some insight into why a non-adversarial approach may be better.
However you choose to get advice, being armed with information and prepared for the process can help you feel confident and ready for the transitions that come with divorce. There is a lot of information available online, if you know where to find it.
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150954514-african-american-businesswoman-looking-at-gettyimagesNearly every celebrity seems to have a divorce under their belt, but what about our local public figures – our children’s teachers, our mayors, city councilmen – how does the pubic feel about “those” public figures when they are facing divorce? About midway through the year I had noticed my daughter’s teacher’s name on Facebook (we have mutual friends) going from FIRST MARRIED to FIRST MARRIED MAIDEN, and I thought a divorce must be imminent. Admittedly my first thought was how a divorce might affect her teaching abilities for MY child. Selfish? Perhaps. Or are those type of reactions expected with public careers? Her private life is certainly none of my business, but is it easy to check your feelings at the door? Certainly not. The University of Minnesota is currently doing a study on the impact of divorce on a person’s career. Those results will be interesting to see, especially as there are careers can have a big impact on the public sector. Some may say that their divorce was the best thing that ever happened to their career. Perhaps work was a necessary distraction as their marriage crumbled at home. But on the other hand some people admit that they simply could not focus at work with their marriage on the rocks. Sometimes people can attribute their careers to actually being the CAUSE of their divorce. A husband that travels all week, a wife who tends bar on the weekends, a stay at home parent who never gets a break, and more often than not, simply the demands and stress of a person’s career can tear apart a marriage. Some careers are statistically at a higher risk for divorce, almost as if divorce is beyond their control. A few months later as school was coming to a close I noticed my daughter’s teachers name on social media is now: FIRST MAIDEN. Admittedly, my feelings changed from worrying about the affect her divorce would have on my own daughter to feeling horribly sympathetic towards her and her own children. As I leaned more I realized her husband holds a local political office and I began to wonder about the effects the divorce may have on his political career. It’s important to remember that everyone is human, divorce does not define a person, and even if you feel like your divorce is in the spotlight, remember that this too shall pass. Please share your thoughts about public divorces in the comment section below.
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173230422-little-girl-playing-gettyimagesMy two year old daughter received Legos for Christmas.  They were the bigger bricks, which are perfect for her chubby, dimpled hands, and pink and purple “princess” Legos that could be made into, what else?  Castles!  She really wasn’t interested in the figurines that were included, but she WAS interested in creating a “super tall building.”  I loved watching her build various creations. I’m pretty sure Lego didn’t make “girl” kits when I was growing up in the 70’s and 80’s.  My little brother had Legos, and I just shrugged them off as toys for boys.  I was into…dare I say…Barbie.  And all things that sparkle.  I would, most certainly, have played with pink and purple Legos, though.  After all, I liked putting things together.  When my “boombox” stopped working, I took it apart and put it back together (and yes, I even fixed it!).  Would I have become an engineer instead of a lawyer if Lego had made purple bricks?  Nope.  But if Lego had created a kit of pastel bricks, Legos might have outsold Superstar Barbie! Did girls miss out on something by not playing with Legos?  Maybe not.  But what IS it about princesses?  Dressed in her sparkly tutu, my daughter plays just as much, if not more, with trucks and transformers as she does her dolls.  Is it because she has an older brother?  Does she find transformers more interesting than her dolls?  My five year old son is all boy (rough and tumble, loves trucks and ninja turtles, slides into “home plate” – which is the northwest corner of the family room – so much he wears holes in his jeans) so I was pleasantly surprised when he picked up his sister’s doll and stroller and zoomed around the house.   “Great,” I thought, “maybe he’ll play dolls with his little sister.”  Uh…no.  He took the doll and stroller to annoy his younger sibling. Nevertheless, watching my daughter with those pink and purple Legos certainly made me think about how items are “sold” or “packaged.”  Do we really buy “things” or are we buying an “experience?”  It depends.  I think in many cases, we are paying for an experience, even when we buy products.  (For instance, why do I need to have an aromatherapy experience grocery shopping?  I’m there to buy groceries to feed my family.  If I want such an “experience” I’ll go to a spa.)  Nonetheless, the way products and experiences are packaged can make all the difference in the way we feel.  But with legal services, you are buying a product (the divorce agreement/documents) as well as the experience. When you are interviewing attorneys, be aware of what they are selling you and how they are selling it.  Does the attorney you are meeting with base his or her expertise on all the cases “won.”  Chances are, that attorney is talking more about him or herself and isn’t doing much listening to you.  This is a divorce, people.  A change in significant relationships within a family.  Nobody wins in a divorce, so please don’t fall for that “package.”  This process is all about getting to a new normal, and if you have young children, parenting them well.  So, the attorneys and team you are interviewing should be all about helping you get to that new normal.  That, in my opinion, is how divorce should be “packaged.”
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157594578-tantrum-gettyimagesAfter dinner one evening, my two-year-old was playing with her brother’s indominus rex (she likes dinosaurs).  She climbed up to her bathroom sink, grabbed her toothbrush, climbed down, plopped herself down on the floor, and…much to my dismay…brushed the dino’s teeth.  Of course, she was NOT happy when I interrupted her for a diaper change.  “No.  Not today,” she said, shaking her head at me.  I told her we absolutely needed to change her diaper…now.  “No!  Not NOW,” she said and glared at me.  As I tried to wrestle indominus out of her hands, she wriggled back and forth and, yes, threw a tantrum (she’s INCREDIBLY strong!).  In typical mother-knows-best voice (and using her first, middle, and last names) I said, “We need to change your diaper NOW, so your bottom doesn’t get sore!” “NOOOOOOO!!!” she shrieked, “I WANT TO BWUSH DA DINOSAUR’S TEEF!  RIGHT NOWWWWWW!” Her face was red and scrunched up.  Oh boy.  I paused, took a deep breath, and I said as calmly yet cheerfully as I could, “I can see that you really, REALLY want to brush the dinosaur’s teeth.”  Pause.  “You REALLLLLLY want to brush that dino’s teeth.”  Another pause.  She stopped wriggling, her face softened, and she looked at me.  In a quieter voice I said, “I know you want to brush his teeth.  So let’s change your diaper so you can keep brushing the dino’s teeth.”  Pause.  “O.K., Mama,” she said, as she got up and reached for my hand.  We walked into her room to change her diaper. Although she is just a tot, my daughter, like everyone, wants to feel heard.  She and I had competing interests: she needed her diaper changed (my task/interest), and she wanted to play (her task/interest).  The diaper change needed to come first.  And it did, once she felt like I heard and understood her.  People going through a divorce need to be heard, too.  It’s easy to get into power struggles and the he said, she said “stuff.”  Go ahead and say it.  And then be ready to listen to your spouse say it.  Really try to hear what your spouse is saying.  Then, understand.  You don’t have to agree, but to resolve the issues in your divorce, you both need to hear and understand each other.
 “Seek first to understand, and then be understood.” –  Stephen Covey
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As a collaborative attorney, I am often asked “what would a court do?”  Although parties in a collaborative divorce are not asking the court to make decisions in their case, what the law is and how a court may view an issue is important.  It is part of the information that a client needs to understand to truly make a decision in their own best interest. I recently attended an education series with local judges to gain an understanding of the current state of the law. In the second part of this 2 part series, I outline some of the factors a court may consider in making litigated decisions. On property division and cash flow, here are some of the considerations:
  • When dividing assets and liabilities, the courts often begin with an accounting and confirmation of all real estate, accounts, retirement assets, investments,  stock options, inheritances,  gifts,  debts,  personal property, vehicles, and all other possessions.
  • The courts have to differentiate between marital property that was created or acquired during the marriage and non-marital property that should stay with one party.  Non- marital property may include assets from before marriage,  gifts or inheritances, and student loans.
  • Non-marital property stays with the receiving party.  Marital property is divided equitably. This is often interpreted as equally,  although there are some exceptions if the outcome is deemed unfair.
  • Division of property is a separate question from cash flow (child support and spousal maintenance).
  • Child support in court is often calculated with the guidelines based on percentage of overnights with each parent and incomes.  Then medical expenses and extra curricular activities are shared by percentage of income.
  • Spousal maintenance or alimony is a discretionary area of the law. It is based on the needs of the recipient and the ability of the other spouse to provide support.
  • Court requires an analysis of budgets and income or potential income of both parties.  It can be difficult to address income if a party has not or is not working.
  • Some of the factors for determining support include: length of the marriage, education and age of the spouses with regard to work ability, work history, parenting needs of children, and reasonableness of expenses.
  • Because spousal maintenance is one of the most discretionary areas of family law,  it is difficult to find consistent outcomes in the court as every case is decided based on the individual facts (and judge).
A collaborative process is a different paradigm but clients have the same legal rights as parties in court.  Know what the law is and what a court may do and then make well informed decisions. A good collaborative attorney can help in this journey.
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tightropeBeing a single parent demands so much of a person’s time and energy that taking care of longer-term financial concerns often take a back seat. So many single parents face financial restrictions that make it seem they are constantly on a financial tightrope. Getting off that tightrope and onto solid financial ground should be a priority for every single parent. Finding solid financial ground starts with determining your financial goals and monthly cash flow. Determine your financial goals  The first step on the path to a more secure financial future is to determine your financial goals. Your financial goals should include short-term, medium-term and long-term goals. Short-term goals may be to reduce spending and not rely on credit cards to make it to the next paycheck. Medium-term goals could be paying off your credit card(s) and creating an emergency fund. Long-term goals may be saving for your children’s college expenses and retirement. Figure out your cash flow  All of your financial goals require one thing – saving money. To do so, you need to figure out how much you spend and then create a budget that incorporates saving. Tracking your spending can be pretty easy these days with online account aggregators like Mint.com. To better understand your spending habits when using credit cards, you may need to go old school and save the receipts to review your purchases.  This is particularly helpful if much of your shopping happens at Walmart, Target or Costco, where your shopping cart could include groceries, video games and clothes. One way or another, figure out how much of your spending is essential and how much is unnecessary spur of the moment buys. Create a budget that accurately matches your essential spending and replaces most of your unnecessary spending with savings. Be mindful of not only what you buy, but also how you buy it. Using high interest credit cards are an impediment to meeting your financial goals. Paying off high interest credit cards is a financial goal that improves the odds of meeting your other financial goals. Save the tax-free way  Tax-deferred investment accounts such as Investment Retirement Accounts (IRAs) for retirement and college-funding accounts, such as 529 accounts, are a good way to meet those long-term goals. These accounts often can be opened with a couple hundred dollars. Setting up automatic monthly contributions from your bank account to these accounts can be done for amounts as low as $25. Both types of accounts grow without being taxed until the money is withdrawn. For 529 accounts, there will be no taxes if the withdrawals are spent on qualifying college expenses. Figuring out your budget shouldn’t be a chore done after the kids are in bed. It should be a family project. Developing good financial habits that lead to meeting financial goals is an essential skill that all parents should share with their children.
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Visualize Choice!“Mom, why won’t this piece fit here like it should?” My son is trying to build a Lego kit, and has made a mistake in the previous steps while trying to follow the directions. He keeps fitting the pieces together, but isn’t getting any closer to making the design on the cover of the box. I tell him he needs to go back a few steps and figure out where the pieces aren’t put together correctly. He does, and soon he is on his way. As a collaborative divorce lawyer, working with my clients towards their ideal divorce is similar to building a Lego creation. It is not a collector’s edition kit that is pre-designed. The clients actively design this project themselves. At the beginning of the process, we sit down and identify what an ideal divorce would look like for their family. This becomes our own design on the box that we aspire to build. To build it, the client brings the crucial information regarding their life, financially and otherwise, that we have to work with. These are the Lego pieces that we must fit together to replicate the design on the box. As a lawyer, I come to the table with knowledge of the instructions, which in this case are the statutes. The statues give us acceptable methods for fitting the Lego pieces together. Working as a team, the client and I look at the pieces we have to work with and build a divorce agreement that both fits their desired outcome and the statutes’ requirements. Sometimes we run into the same dilemma as my son – what we are making isn’t quite turning out like we wanted. Through years of practice, I know the solution is this: go back a few steps, look again at the building blocks, review the directions, and rearrange the pieces. Before you know it, we have built what we wanted to build.
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159627120-heart-shaped-jigsaw-puzzle-with-missing-gettyimagesDo you do jigsaw puzzles? They can be great exercise for your brain, but they do require patience. The image on the box looks great, and then there’s the daunting moment you must face after dumping the pieces out in a messy pile. Those who approach puzzles with strategy most definitely have an advantage, and sites like Puzzlewarehouse.com offer tips for people attempting puzzles for the first time. Divorces can be like undone puzzles in many ways, and so these tips overlap with what we do as collaborative divorce attorneys. Here are six tips in particular from puzzlewarehouse.com that relate well to the collaborative divorce process:
  1. “Flip all pieces upwards.”
  • “Having all your pieces facing the same way can be tedious, but it makes it so you’re working with the whole puzzle the whole time, and it’ll make the next steps quicker.”
This first step is true for both puzzles and couples looking for a divorce. Couples who begin the divorce process must deliver their “pieces” (of information) to the professionals involved in their case. Details that need the attention of everyone involved must be “flipped upwards” (brought to light) so they can be placed well in the bigger picture.
  1. “Find all the edge pieces.”
  • “Constructing your border gives you a defined space that you’ll work inside as you build.”
There are clear boundaries for each collaborative case that are determined in the first meeting between the clients and their chosen professionals. A few things that are considered are the interests and goals of each client, as well as a participation agreement and general expectations of conduct. Having clear parameters makes collaboration possible and desired outcomes attainable.
  1. “Sort by color.”
  • “From here you can build recognized sections of the puzzle.”
It is the job of collaborative attorneys to help their clients sort out and understand various options for building their divorce agreement. Attorneys can do this more easily when the clients have gathered their personal information (assets, lifestyle, etc.) so no piece is missing. A complete set of “pieces” makes sorting by type easy, so that the different sections of the agreement can be put together quickly and completely, including every aspect from child support to personal property to businesses and real estate. The big picture agreement that results will be one that suits the needs of both parties.
  1. “Special pieces.”
  • “Some pieces will be part of really distinguishing parts of the puzzle because it has text on it, or a color that’s only in one spot. Keep those separate and build on them as you can… it will be easy to spot where it goes as you start assembling the puzzle.”
Every couple has a unique case because of the specific goals and circumstances in their lives that they bring with them to the case. Certain issues (“distinguishing parts”) will have priority over others so that the bigger picture of the divorce agreement can be finalized. Family businesses, special needs children, and out-of-state job offers are all examples of special pieces in a divorce that require special attention from the start.
  1. “Work on small sections at a time.”
  • “Instead of trying to work on the entire puzzle at once, it can be really helpful to work on small portions so that you’re accomplishing sections. This will help keep you motivated and you’ll have a visual record of your progress.”
Helping clients break down the divorce process into pieces that are manageable is an important part of the process for collaborative attorneys. Maintaining a broader perspective that keeps the bigger picture in sight without getting “lost in the weeds” (or, pile of puzzle pieces), is important. Keeping checklists and journals are both recommended methods that can work well for clients trying to maintain this perspective.
  1. “Don’t give up.”
  • “When you’re tired… take a break… sometimes too much time at one problem can take away from [the puzzle process]. A fresh look at it later may help you see things you missed, too!”
Stress is often a part of any divorce process, and a collaborative team of professionals will try to pace the tasks so the clients can remain comfortable yet productive. Communication is always encouraged so that all needs will be heard. Avoiding the burnout that often happens in litigated divorce is easier when the case is approached with appropriate pacing and communication. With the collaborative divorce process, setting a schedule at their own pace is something within the client’s control. * * * People with skills in putting jigsaw puzzles together gained those skills by putting many puzzles together. Collaborative divorce attorneys have years of experience in putting together divorce agreements in and have developed their skills through practice and love to efficiently lead their clients towards the best agreement for everyone.      
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State Farm Demolition
State Farm Building Demolition in Woodbury, MN
For anyone living or working in the east metro, especially Woodbury, the iconic State Farm Regional Office Building that once loomed over the Radio Drive and I94 corridor is now a pile of rubble.  It was a symbol of economic growth when it was built in 1994, then became a symbol of economic slowdown and job loss when it was vacated in 2006.  Watching as it was dismantled, I initially thought it was a waste to tear it down.  Developers tried, though, for a long time to “recycle” the building.  But who needed, wanted, or could subdivide 400,000 feet under one gargantuan roof?  So, assuming all avenues were explored, developers decided to demolish it.
The divorce process is similar to a building demo: sometimes you just need to tear everything down, in a methodical and deliberate manner, and start over.
If the interior walls are immovable, the space can’t be reconvened, and the foundation is crumbling, it might be more cost-effective to tear down and rebuild, IF you don’t charge in with a wrecking ball and create mass chaos.  The collaborative divorce process is anything BUT a wrecking ball.  It is a thoughtful, deliberate, respectful, and diplomatic approach to divorce.  Collaboratively trained lawyers are mindful of complex family systems, utilize interest-based negotiation, and help you and your spouse co-parent your children while essentially, re-configuring your family.  While it can be scary watching the walls come down, the end result is an intentional, creative, and lasting “structure” (or plan) that can actually create more stability in the future.
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Determining who is best qualified to help you reach your financial goals, understanding what they can do for you, and getting clarity on how they get paid for their services may be a challenge if this is all new to you. Here are some useful tips to find the right financial professional to help guide you through your financial matters. Designations The finance industry excels at creating financial designations for every conceivable financial situation.  If you are looking for a financial planning generalist who can help you with most issues, look for someone with either a CFP®, ChFC® or CFA® designation. A Certified Financial Planner® (CFP®) is the dominant designation for financial planners. The Chartered Financial Consultant® (ChFC®) designation is similar to CFP®. A Chartered Financial Analyst® (CFA®) is an expert in investment management, but has also studied the basics of financial planning.  In addition to one of these designations, many financial advisors who work in the divorce area also have a CDFA™ designation (Certified Divorce Financial Analyst®). Background Check Once you find some candidates with the right credentials, do your homework and check out their website to see how much experience they have and if they indicate any specialty. You should also look into whether they have had any disciplinary issues with regulators, by performing a FINRA BrokerCheck® search. The Financial Industry Regulatory Authority (FINRA) has a file on every advisor working with a FINRA-registered brokerage firm at www.finra.org/Investors/ToolsCalculators/BrokerCheck Initial Meeting Questions Most financial planners will be happy to sit down with you for an initial meeting at no cost or obligation.  The initial meeting is your chance to learn more about the financial planner and their business, to explain your situation and learn what services the planner offers. The following are some essential questions to ask at the initial meeting. What experience do you have? The financial planner may have significant financial experience but it is the experience they have counseling individuals that really matters. What is your approach to financial planning? Ask what types of clients and financial situations the advisor typically works with.  For example, a planner that specializes on working with business owners may not be the best choice if you are newly divorced and in need of budgeting help. What services do you offer?  Some financial advisors may focus on helping you with your investment needs, where others will also provide comprehensive financial planning (i.e. retirement, education, estate, tax and budget planning). Many planners expect to manage your portfolio along with the other services that they offer.  Financial planners may also be good resources for and work closely with tax accountants and attorneys. Do you work alone or with a team? Financial planning is often done with a team approach where several specialists will assist the lead planner. When your financial planner is in meetings, it is good to know if there is someone else in the firm who can answer your questions or take care of basic requests in a timely manner. How much do you typically charge? How do I Pay for your services?  Financial planners may charge for their services in several ways. If they are only creating a plan for you, it may be a set project price or by the hour. If they are will be managing your investment portfolio on an on-going basis, they may earn a commission on the investments or a charge a fee based on the size of your portfolio. There are numerous questions that you should consider based on your own situation.  Remember that you are under no obligation in this meeting. If you intend to work with this planner over the long-term, it may take more than one meeting to determine if they are the right fit for you.  Whatever planner you decide to work with, make sure you know what services will be provided and how the planner will be compensated.