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Getting married is about love. Well the tide turns when a couple decides to get unmarried or divorced. Divorce is then about money and kids and hopefully not in that order. Being prepared to have financial discussions with your spouse, financial neutral specialist, or your attorney takes time, effort, and I think introspection, to create the greatest likelihood for a successful outcome. One of the most tedious and time-consuming tasks of getting unmarried is compiling all of the financial information necessary. One way or another you and your spouse need to provide copies of statements for all assets, liabilities, paycheck records, tax returns, deeds to your home, pension and 401k accounts, credit card accounts, bank accounts and more.  More than likely you will build a more complete documented financial record than most ever did during their marriage. I think the most important thing you can do to prepare beyond being fully transparent in disclosing and providing all financial documentation is to develop a healthy mindset.  While this is challenging it is certainly doable and worthwhile. The hard work it takes to develop a healthy mindset can save you time, money, and headaches. Just what do I mean by a healthy mindset? It helps to put all your focus on the future instead of dwelling on the past. Focus on your interests instead of positions. Interests are the underlying reasons why something may be so important to a person. Let us look at a simple example. Let us say we have one orange and two people who both want the orange.  They both draw lines in the sand saying no to the other in terms of giving up the orange.  This is a position, something both people decided. It is not until we ask why the orange is so important to them that we determine the underlying interests. What is it that caused each of these people in our example to decide they both want the orange? It turns out one wants the orange to eat and one wants the orange peelings for baking. By getting to the underlying interests, we solve the problem position of one orange wanted by two people.  Learn to think, talk, and express yourself in terms of your interests when negotiating with others. You will be amazed at what can happen and how seemingly unsolvable problems can be resolved. Helping you and your spouse speak in interests is something we as professionals do in the collaborative divorce process. Here are four other basic skills you can learn and practice to help you through the divorce process.
  1. Manage your emotions:  As I said earlier focus on solutions rather than reacting emotionally. Regardless of what someone else might say do not take it personally.
  2. Flexible thinking:  Flexible thinking will help you come up with new ideas and creative solutions. It is important for you and your spouse to maintain flexible thinking during the divorce process.
  3. Moderate behavior:  Moderating your behavior will help your spouse be a little more open minded, respectful, and less defensive.
  4. Checking in with yourself:  As you are going through divorce process checking in often with self on how you are doing on the above three items especially when under stress can help things go more smoothly.
While I cannot promise you, everything will be smooth sailing in your divorce by following these simple suggestions the seas of divorce can be less intimidating and help you reach your final port destination with a little less wear and tear.
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176725719Every couple and every divorce is different. A divorce is often a complicated process involving emotional and financial elements. While there is no universal process for divorce, there are some common mistakes. Indeed, if a divorcing couple could avoid these mistakes, they would be very well on their way to a respectful process with the best possible outcomes. 1. It is a mistake to have unreasonable expectations. You will not “win” on every issue. In fact, a collaborative divorce results in mutually agreeable resolutions. The work is not about winning or losing, it is about working to come up in resolutions that are acceptable to both spouses.  What matters is looking at the big picture and working toward a resolution together so that you don’t fall into the trap of seeing every decision as a win-loss issue. 2. It is a mistake to let your emotions rule you. A divorce is a very emotional process.  This is understandable and a part of the process. During a divorce, you need to try and make decisions in your own best interest. Decisions out of anger or frustration may not be as long-lasting. Try to find a support network and a professional team to support you to make decisions that feel right and have long-standing value. 3. It is a mistake to not deal with your finances. An important thing to focus on is your finances. In addition to dividing up the financial assets/liabilities and property you have, it is important to think about the tax implications of your divorce.  You want a support team in place that thinks about all of the financial necessities and comes up with workable and predictable resolutions that work. 4. It is a mistake to not consider a collaborative divorce. It is important to recognize that there are various process options available to you in a divorce. Even if both parties in the divorce want nothing but for the marriage to end, it is important to remember that your situation is as unique as your marriage was. A collaborative divorce may work best for you and your spouse. It will allow you to work together to determine how the marriage will end, how your assets will be divided and how child custody will be decided. This type of dissolution isn’t solely for couples who are parting amicably and have little to divide; many couples work with each other collaboratively during a divorce so that the have control of the process and how to settle property and custody issues.
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482285789I recently attended a symposium about divorce entitled, “What’s Love Got to Do With It?” At first glance you might wonder whether we had anything to talk about. What do love and divorce have in common? Isn’t divorce the result of the loss of love? Sharing ideas with others interested in improving the divorce process reinforced my belief that love, forgiveness and compassion are the keys to divorcing well, and that divorce can indeed be a healing process. Divorce is an all-too-common event these days. We all have friends, family members, neighbors and co-workers who have experienced becoming unmarried. Some just barely survive and are stuck looking back at their divorce with regret and resentment. Years later they continue to bad-mouth their ex and blame their divorce for their ongoing unhappiness. Their inability to be present and available has long-term consequences for their children as well. Most of us also know people who not only survive, but thrive in their post-divorce lives. They are somehow able to accept the major changes in their day-to-day lives and move forward. By doing so, they are healthy role models for their children and fun to be around.  What accounts for these vastly different outcomes? Personality certainly has something to do with it. Some humans are blessed with more optimistic outlooks than others. Seeing the glass half full reduces anxiety about the future. Life circumstances also play a role. Good health, steady employment, and a healthy balance sheet contribute to feeling better about what lies ahead. However, several decades of experience tells me that one factor trumps everything else in terms of one’s ability to recover from divorce … the ability to forgive. Anger, bitterness, blame and resentment are feelings associated with the loss of a loving relationship. Grieving the loss is necessary in order to get on with life. Tara Brach, a leading western teacher of Buddhist meditation, emotional healing and spiritual awakening, who was a symposium presenter, says, “Vengeance is a lazy form of grief.” Rather than being lazy and stuck, working through one’s grief with a therapist, clergy person, or trusted friend can lead to understanding and forgiveness. Acknowledgment and forgiveness of one’s own contributions to the divorce are essential, as is forgiveness of the other person. In the Collaborative divorce process, our professional team includes a neutral coach and a child specialist, both of whom assist the parties in reaching closure with regard to their marriage and defining their future co-parenting relationship. “When you forgive somebody who has wronged you, you’re spared the dismal corrosion of bitterness and wounded pride. For both parties, forgiveness means the freedom again to be at peace inside their own skins and to be glad in each others’ presence.” -Fredrick Buechner
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175383921In my last post “Getting Unmarried: Gray Divorces”  I wrote about the increasing number of divorces for those over the age of fifty. Also of note was how Gray Divorces have many of the same foundational issues as any divorce although there are some distinct differences. Regardless of the issues, a trained financial neutral plays a critical role in the collaborative process. Money matters can be a bed rock of tension in divorce cases.  Financial issues are often cited as a major reason for marriage breakups. A financial neutral assists couples in navigating their finances. They help with the two major financial components in divorce. One is the balance sheet (list of all assets and liabilities), and two the cash flow and support. So what does a financial neutral actually do you ask.  First and foremost a financial neutral is just that – an impartial expert on financial issues. They remain unattached to any particular outcome. A good financial neutral can be worth their weight in gold when it comes to helping couples navigate money issues in divorce. Financial neutrals help a couple gather and identify the financial information needed. I often hear from spouses the detail involved in gathering the financial information is something they have never experienced. The reason for this is all assets and liabilities, each and every one, is separately noted in the final decree so as to leave no doubt who gets what and who is responsible for what. Independent third party written documentation is needed to support each asset and liability. This information gathering is a part of the process that can’t be short circuited. Having said this, when information gathering is completed by a financial neutral it can save spouses a considerable sum. Think about it. You are paying one professional, the financial neutral, to complete this process vs. each spouse providing the same information to each of their attorneys who in a non-collaborative divorce will have to review and assimilate  all the information provided, ask questions of their clients, and then likely have to converse with the other spouse’s attorney. Financial neutrals can assimilate and organize this information in a streamlined manner with the couple’s cooperation. Usually financial neutral hourly rates are less and sometimes significantly less than attorney rates. Once all financial information is collected and organized the financial neutral creates a marital balance sheet listing each and every asset and liability. The marital balance sheet forms the basis for discussion as to how each asset and liability is allocated between spouses. In the collaborative divorce process, couples make their own decisions about asset and liability allocations to each spouse.   Couples must ultimately reach agreements on the balance sheet. The financial neutral along with each spouse’s attorney helps facilitate these discussions. The alternative in more traditional litigated divorce cases is someone else, a judge, makes decisions for the couple since they are not able to agree on their own. Financial neutrals help spouse’s asses their ability to meet their reasonable living expenses (cash flow). This part of the process includes analyzing income sources and estimating future living expenses. Generally spouses are asked to complete some sort of budget template. In my experience both as a financial neutral and a financial planner, I find most people do not care for the term budget. I do a fair amount of public speaking and when I ask people what they think of when they hear the word budget it usually has a negative impression like restrictive or confining. I have attempted to remove the word budget from my vocabulary as a result and replaced it with cash flow or spending guide.  Budgets tend to be backward looking while the words cash flow and spending guide are future oriented. Assessing income and expenses (cash flow) provides each spouse with a realistic look at their financial security moving forward. Financial security is the number one goal I hear that each spouse wants to achieve. No one has ever told me they want financial insecurity. A realistic look at cash flow for each spouse is critical to providing the financial security they seek. Here is a phrase I have used when having cash flow discussions. If your outgo is greater than your income, then your upkeep may be your downfall. Think about that for a moment. Better yet remember it, as it will serve you well no matter your financial stage in life. Yes the balance sheet with its listing of all assets and liabilities and the cash flow and support pieces form the two financial pillars of every divorce. Sometimes the financial issues can become very emotionally charged. A well-trained experienced collaborative financial professional along with the help of other collaborative team members can help keep spouses on track. I encourage couples to the extent possible to look at these decisions as business decisions. It’s easier said than done but in the end it usually is a business decision. I am a firm believer that each spouse and their family are far more important than any numbers on a balance sheet or cash flow report. In my book and in my work people always come first before numbers. There are other important financial issues a financial neutral can assist with. Watch for part II of “Getting Unmarried: Money and Divorce.” There I will talk about marital and non-marital property, analyzing tax implications of various scenarios for child support and/or spousal maintenance; analyzing property and business interests, debt pay off scenarios, and comparing pros and cons of using one asset over another. Is a collaborative divorce process right for you? If you or someone you know may be looking for a divorce alternative without court click on this link to learn more:  www.collaborativelaw.org
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182961210 In my role as neutral child specialist I often act as a translator.  I work to ensure that parents understand the words and ideas of their children about how family can work best for them moving forward. I help parents listen to rather than react to each other while working on creating a parenting plan.  And I frequently deconstruct and revise certain legal divorce terminology into more family-friendly language.

From the start, I ask my adult clients to think of and refer to themselves as parents rather than parties.  The term parties to a dispute in a no fault divorce is more impartial than plaintiff vs. defendant, but it can still sound adversarial to many parents. As I have written before, legal terms like physical custody, legal custody, child support calculator and even settlement sound formal, top down and foreign to how families actually function.  In my office, and in the offices of many Collaborative team professionals, we talk about parenting time and decision making, and the resources parents need to adequately meet their children’s needs in both homes.Since learning this priceless phrase from a child I worked with, I prefer the term getting unmarried to getting divorced.  I prefer talking about reaching resolutions rather than settlements.  I ask my clients to refrain from saying 50/50 parenting, because how often do kids think of their parents in percentages?   I remind parents that children think of their moms as 100% their moms, and their dads as 100% their dads, regardless of whether the kids are at school, with their grandparents, on a play date, or where they sleep at night.  We use the language of co-parenting that is developmentally informed and attuned to their children’s temperaments and personalities. Language powerfully shapes our human experience, and communicates both explicit and implicit meaning.  The words chosen to describe a process or event are important.   Discussing important concepts in clear, thoughtful, straight-forward language and avoiding the use of jargon whenever possible can promote clarity and understanding during an already anxiety-arousing process.  And that is also priceless.
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10162055 For Minnesota families, summer feels different than other times of the year in more ways than just the warmer weather.   Because most kids don’t attend school year round, the summer months can present unique scheduling challenges.  This is  especially true for families headed by two wage earners, and even more so when parents have gotten unmarried.  For a school-age child, the summer routine often includes a mix of camps, classes and lessons, latchkey programs, vacations and sporting activities, with many logistical issues to be resolved.  This is “times 3” if there are three kids in the family!  The start and end times of kids’ activities vary week to week, and tend to not conveniently coincide with the work hours of the parent on duty. That’s a lot of moving parts for families in which parents are getting unmarried.   Managing complicated logistics is especially stressful if kids move from Mom Island to Dad Island without a safe and reliable bridge between the two. This is one reason why Collaborative Team Practice is designed to help parents establish the best possible co-parenting relationship after a divorce or break up.  This always makes it easier on kids, but it can also be a huge benefit for time-challenged parents, and for the support network of extended family, baby sitters and carpool parents who can be resources for kids without having to be in the middle. Here’s the rub: establishing an effective co-parenting relationship isn’t easy.  An effective co-parenting relationship relies on clear communication, cooperation, reasonable flexibility and courtesy, and these elements can be in short supply during the painful end of a marriage or partnership.  The Collaborative guidance and support of a neutral child specialist to create a Parenting Plan and a neutral coach to create a Relationship Plan are important resources toward the goal of effective co-parenting.  We know this hard work can be invaluable for your family in the future.  You and your kids deserve to enjoy all the summers to come.
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When Gwyneth Paltrow and Chris Martin made the recent announcement that they were consciously uncoupling, they clearly touched a public nerve.  There was immediate sniping from people who seem to prefer celebrity gossip leavened with spite and public histrionics.  Critics derided the process Paltrow and Martin are choosing and questioned their motives, and more than one “expert” opined that divorce could not occur without acrimony and anger.  I beg to differ. How cynical has the public discourse become when people would criticize a process of divorce that mindfully strives to create emotional safety for children?  What’s to be gained by scoffing at the notion of creating an effective co-parenting relationship?  Why is there an automatic assumption that hurt and sadness–even betrayal–must trigger fury and contempt, and that divorce is of necessity an adversarial process?

As a Neutral Child Specialist, I respect the calm and dignified way Paltrow and Martin have begun this sad journey, which, because of their professions, will need to be done in the public eye.  Understanding that language is powerful, I applaud the term conscious uncoupling, which, like getting unmarried, does not carry the emotional baggage of the word divorce.  I was especially impressed when Paltrow and Martin referenced the wish to co-parent and to continue to be a family for the sake of their children

A divorce process that puts the needs of children at the center is much healthier, not only for children but also for their parents.  It is true that effective co-parenting leads to a much higher quality of life for all family members.  These goals are embodied in the work of the Collaborative Team Practice community.   Collaborative Team Practice may not be chosen by those who don’t believe that parenting during and after a divorce requires mindfulness, a certain amount of self-sacrifice and hard work to keep children at the center and out of the middle.  However, it is an excellent process for parents who want to reduce the impact of a painful change on their children’s future.

   

 
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Children Walking on TrailIn my meetings with kids, I ask them to share perspectives on family, including hopes and wishes for how family might work best when parents are living in separate homes. I recently had the privilege to meet with four amazing young women; siblings whose parents are getting unmarried in a Collaborative Team Process. I continually learn from kids with whom I work as a neutral child specialist. Each of these girls made thoughtful observations for me to share with their parents, so I asked them and their parents if I could write a blog post to share these ideas with others. Because they are thoughtful, empathetic and generous people, they agreed, and have my deep gratitude and appreciation.

Below are words of wisdom from Lauren, Kelly, Emily and Grace. Though focusing on one quote per girl, I want to stress that each of them had many wonderful insights about all the areas mentioned.

Lauren on Holiday and Birthday Celebrations

“I want one graduation party, not two. This is about me, not my parents. And I want them both to come and to get along.”

Lauren’s words represent the viewpoint of many kids, and are a powerful reminder that children of all ages have strong feelings about family celebrations. Lauren also talked about preserving family traditions on both sides for holidays, like Christmas. Tuning in to kids’ perspectives can help parents figure out how to preserve important traditions while adding new ones, providing grounding and clarity for all family members.

Kelly on Co-parent Cooperation

“I want my parents to remember they’re both always my parents no matter which house I am at.”

Kelly’s words articulate the heart of the positive and profound shift in family law away from attaching custody labels toward co-parenting and creating parenting plans based on the best interests of kids. Kids dislike the feeling of going from “Mom Island” to “Dad Island,” and feel safer if parents respect and honor their relationships with both parents.  Effective co-parent communication is a centerpiece of parenting and relationship plans in Collaborative Team Practice.

Emily on Transitions between Homes

“I hope my parents will have a one to two hour window for me to go from one house to the other, so it’s do-able if I am in the middle of something or with a friend.”

One of the most challenging aspects of a divorce for kids is transitioning between homes. It is vital that parents work together to make transitions as smooth, cordial and stress-free as possible. Emily’s words are an important reminder to regularly check in and listen to kids about what is working well and not so well in transitions. Parents need patience and empathy: kids have lives too!

Grace on Family Transformation

“I want us to be a together and apart family. We’re still a family, but we’re just split.” 

Grace absolutely nailed why I do the work I do as a neutral child specialist. What she said is both insightful and core to helping kids develop resilience. It is so important that all family members move forward with the deep understanding that getting unmarried does not end a family with children, but transforms it.

Thank you Lauren, Kelly, Emily and Grace. We will keep listening!

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Watching the Winter Olympics, a commercial captured my attention.  The ad included footage of Olympic athletes who fell while competing, thus failing to reach a goal for which they had trained intensely and prepared for years.   Although elite athletes know there is no assurance of winning, their hearts can still break when their hopes and dreams are shattered after a fall before reaching the finish line. As you see in the commercial, the story didn’t end with failure.  Each of the fallen athletes was shown years later, returning to give a winning performance.  The theme of the ad was “there is always a second chance.”  Though not every heartbreaking fall comes with a replay button, we know that life is a constant process of loss and renewal.

Those of us in the Collaborative divorce community are deeply attuned to the emotional event of a divorce.  It is usually heartbreaking for all family members—the divorcing couple, their children and their extended families.  It can certainly feel like a painful fall before the finish line of a marriage is reached.   Hopes and dreams can feel shattered.  We never want the story to end there.

Collaborative Team Practice  is designed to help guide families making their transition through a painful time of loss with safety, respect, dignity and hope for the future.  The Collaborative Team is comprised of professionals from many areas of practice:

Collaborative attorneys are skilled at listening deeply, helping clients set goals and engage in problem solving meetings that are non-adversarial in nature. Neutral Coaches work with clients to bring their best selves to problem solving meetings, and create a relationship plan with them if their future includes co-parenting their children. Neutral Financial Professionals generate creative options to help both clients come through their divorce on the best possible financial footing. Neutral Child Specialists meet with all family members, are supportive advocates for children in the family, and help parents create developmentally attuned parenting plans.

Like a skilled sports team, each member of a Collaborative Team understands his or her unique role in the interplay of helping clients reach their goals while feeling understood and supported in the process of getting unmarried.  We believe in the process and promise of renewal after loss.

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choosing an attorneyChoosing an attorney is a critical decision and not to be taken lightly. Equally if not more important is who your spouse chooses to have as their attorney. You can follow all the steps in this series of posts on choosing an attorney but if your spouse doesn’t do the same thing or something similar the likelihood of a successful cooperative or possibly collaborative divorce process is significantly reduced. This means an increased chance of litigation or at least a contentious process, which will be at your expense and your family’s expense. If you are like most of us, you will want to keep as much of your hard earned dollars in your family. In an ideal world, which we know exists only in our minds, the two attorneys not only know each other but have worked on cases together representing opposing clients and have achieved settlements that both spouses can live with. I will close this post with some basic questions you may want to consider asking attorneys when doing your research and interviewing. This is not meant to be an all-inclusive list. Add your own questions you deem important.
  • Do you only work on divorce cases or do you practice other areas of law? If not exclusively divorce work, what percentage of your work is handling divorces?
  • How long have you been working with divorce cases?
  • How do you approach handling a divorce case? Tell me how you would proceed with a divorce case like mine.
  • How many divorce cases do you typically handle in a year?
  • What divorce processes do you use?
  • During the past 3 years approximately what percentage of your cases have been:
Litigation___________% Cooperative_________% Collaborative________% Ask them what specific training they have had in collaborative divorce and if they are a member of the International Academy of Collaborative Professionals. *The percentages above will give you a good idea of the divorce process used more frequently by the attorney. NOTE: If they don’t know about cooperative or collaborative divorce processes they likely practice primarily in a litigation manner.
  • Would other people be working on my case with you? If so what are their qualifications and how is their time billed?
  • What is your hourly rate and how do you bill for it? What exactly is billed besides your time? I.E. travel, copies, long distance calls, emails, etc.
  • Do you require a retainer? If so, what is the amount? If I decide not to work with you will it be completely refunded?
  • What do you expect from me as your client?
  • What should I expect from you as my attorney?
Following these suggestions will not guarantee you a successful relationship with a divorce attorney, but I believe it will help increase the likelihood of that happening.  Remember, do your homework, research, interview, reflect and, as I mentioned, sometimes you just have to go with your gut. If you need/want help finding a divorce attorney in the Minneapolis/St. Paul seven county metro areas, feel free to contact me. I know and have worked with many of them. I wish you all the best as you continue this journey and major life transition.