185123062-stone-heart-gettyimagesAs 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.
513648211-sadness-today-gettyimagesIn 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.
136006968-writing-letters-gettyimagesIn 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.
72918896-two-figures-held-together-by-hearts-around-gettyimagesCollaborative Divorce was started in Minnesota 25 years ago and has spread to more than 20 countries because it meets two basic needs felt by divorcing couples around the world. What does it mean to say that a divorce is Collaborative? First, it is important to understand that difference between the formal Collaborative divorce process (with a capital C) and the use of the word collaborative. To be collaborative simply means to work together and, in that sense, any divorce in which people work together could be described as collaborative, (small c). However, the Collaborative divorce process is something distinctly different. Most people want to keep their divorce amicable, and Collaborative Divorce gives them the tools to work out of court to make that happen. At the same, people facing divorce want to know that they are protected; that they have someone looking out for their interests. Collaborative Divorce provides each party with an attorney who will work with them to help them achieve their most meaningful goals. In a Collaborative Divorce, the attorneys must withdraw if the matter goes to court in an adversarial proceedings. That is the one rule. A rule that is simple and yet, changes the entire tenor of the divorce negotiation.   It is a great example of addition by subtracting. By subtracting one element, (the ability of the lawyers to fight), a door is opened to add many more valuable tools (true interest based-bargaining, teaming with financial experts and mental health professionals, deeper solutions, etc.). That one change redefines the negotiation and creates a ripple effect that, if handled in a skillful manner, creates many more options. People sometimes hire aggressive lawyers, reluctantly; believing that their spouse will be aggressive and that they, therefore, need to “fight fire with fire”. The problem, of course, is that fighting fire with fire means there is a great risk that someone (maybe everyone) will get burned. Collaborative Divorce, with the agreement not to fight, is intended to put out the fire, so that you, and your spouse, can build their future on solid ground.   That is not easy to achieve. It requires skill and commitment. An attorney who cannot use argument and fighting must have other skills. Equally important, clients who intend to achieve their highest goals without fighting must be prepared to work on developing other skills as well. To learn more about the Collaborative Process and to find experts with skill and experience in this area, go to www.collaborativelaw.org or www.divorcechoice.com.

155134777-sunrise-bursts-through-dense-fog-and-trees-gettyimagesPeace 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.

     
157282282Divorce court should be your LAST resort. After all, do you want a complete stranger in a black robe deciding the fate of your future? You do not want a judge to decide where your children will live, how much time you get to spend with them, or deciding your financial future. Once you go to court you lose the control. There are ways to stay out of the courtroom. Sitting down with your ex to work out as many issues as possible will help facilitate a settlement. Sound too easy (or maybe too difficult, if coming to agreements with your ex seems to be a difficult feat), enlist in the help of a Collaborative attorney. As part of the Collaborative law method, both parties retain separate attorneys whose job it is to help them settle the dispute. In the Collaborative process most of the formal steps are waived or postponed so that you and your spouse can focus on your divorce issues. The collaborative attorneys, along with you and your spouse, sign a contract that commits you to reach a settlement with your spouse. No one may go to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case. Having a good attorney who is a problem solver, rather than someone who creates problems, is important. You want an attorney who works with and for you, and not someone who will create unnecessary battles. Another good approach to avoiding divorce court is mediation. Mediation is used as a means of resolving cases without the need to go to trial. Mediation allows for you, your soon-to-be-ex spouse and respective attorneys to resolve issues using a third party, the mediator. A good mediator will work with the parties to settle everything with input from you as well as your attorneys. A mediator can help work out agreements on distribution of property and assets, child custody, child Support/maintenance, retirement, and taxes. Sometimes agreements come easy, sometimes they take time and a lot of work. When agreements are hard to reach, that is when the mediator intervenes. As said previously, the last thing anyone wants is to go to trial, however sometimes going to trial is simply unavoidable. What if you still find yourself in a divorce trial? Be sure to read Daisy Camp’s next blog post on, “What it Means to go to Trial in a Divorce.” Also, a wonderful book to read on the subject is the book, “The Collaborative Way to Divorce: The Revolutionary Method that Results in Less Stress, Lower Costs, and Happier Kids – Without Having to go to Court.” by Collaborative Attorneys, Stuart Webb and Ron Ousky.
Let’s face it, it’s not easy to announce your divorce, it may in fact be what you are dreading the most, but confiding in others will help you gain the support you need to pick up the pieces. There are so many different emotions – sadness, anger, fear, guilt, etc. One of the fears is about telling your friends and family. How will they react? What will they think? Will they ask a lot of questions that you don’t know how to answer? Will they be supportive? Some divorces come as no surprise that people saw coming and some divorces seem to come out of left field, depending on how much you and your spouse were “keeping up with appearances.” It is natural to want to keep up with appearances, after all, you may have went through months (even years) where you didn’t know if it would work out or not, and if it did you didn’t want your friends and family to dislike your spouse or think poorly of your marriage. This is not uncommon at all, it just makes initiating the conversation a bit more difficult. Remember that ultimately your friends and family want you to be happy. Tell your immediate family and closest friends first. From there, it gets trickier to know what is the best approach to take. You probably don’t want to, nor is it healthy, to tell the story over and over, so maybe an email to extended family and friends works for you, or maybe having a specific friend and family member responsible for letting certain people know is the best method for you. Having to worry about whether you are breaking the news in the right delivery method should be the least of your concerns right now, and people ultimately need to understand that. However, because everyone seems to want to know why, it is imperative to have a brief “elevator speech” ready. This can be as simple as, “We are two good people, that are simply not good together.” Your boss may need to know since divorce proceedings might conflict with your work schedule, but the need to tell co-workers will vary. If you aren’t close to them and normally don’t discuss your personal life then an announcement probably isn’t necessary. In today’s digital world there is also social media to consider. Don’t feel like you have to make an announcement, you can do nothing or simply change your name, eventually people will figure it out. News travels, and beyond close friends and family, you don’t own anyone an explanation. Don’t be alarmed if some people start to distance themselves. They may also be grieving this divorce. Sometimes friends whose own marriages are struggling will separate themselves from you for fear that it may happen to them as well. It’s important to remember that divorce does not define you. Your true friends will stand by you and most likely will want to help, but they may not necessarily know how. Perhaps before you break the news to friends and family make a list of what people can help with. Whether that’s enlisting in moving help, help with the kids, emotional support, attorney recommendations, or even needing a group of friends to commit to a night out once a month. Write down anything and everything that you might think could help, and then when people ask you can let them know immediately. Helping assists people in coping and understanding, so enlisting in friends and family’s help can be beneficial to all. Friends will want to help and lend advice. Allow them to help, but please seek advice from professionals (clergy, attorneys, therapists, advisers, etc), and remember to take care of yourself emotionally and physical.
157522978Collaborative law is a world-wide phenomenon. Although the process originally started in Minnesota, it has now spread throughout the world.  Over the past few years, I have had the privilege of getting to know collaborative professionals from Europe, South America, Australia, and Africa. Collaborative law happens all over the world. I often find myself meeting with new potential clients and discussing the benefits of collaborative divorce. I differentiate this process from an adversarial, court process. Most importantly, I try and help potential clients understand the simplest, most elegant aspect of collaborative divorce – it just works. In many aspects of life, we try and find the “special sauce.” How do we articulate, put to words, the essence of collaborative law? What is it about collaborative law that has made it a world-wide phenomenon? Allowing clients to maintain control of the process and work in a respectful manner to find mutually-agreeable resolutions are the key tenants. But why does it work? I think the essence of collaborative law supersedes culture and language. It works all over the world because people genuinely want it to work. People want to maintain control of their family and lives after divorce. People want confidentiality and full disclosure of information, but don’t want to incur extraordinary expense. People also want a respectful process and want to maintain their own integrity throughout. Some people ask why collaborative law works? I think it makes more sense to state that collaborative law does work. In fact, it works all over the world.
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Dan and Tonda celebrating 40 years of marriage in Paris.
My husband and I celebrated our 40th 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.  
183800215I am often asked to give presentations on the financial issues in divorce. I always cover what I refer to as the two financial pillars of any divorce dividing property including debts and cash flow and support. Without fail someone in attendance always asks where, do I begin? I do not know where to start. This question is asked not from a financial viewpoint but from an overall perspective of where to begin. My response is virtually the same every time. The most important decision you have to make is the decision to end the marriage. Some take months or even years to make this decision. It is not an easy one. If the decision is made to divorce, then the next most important decision is how to do it. What process options are available and which might be best suited for me, my spouse, and if children are present. Again not an easy decision, especially since these types of decisions are often made during times of high emotions including hurt, pain, and even anger. This is not necessarily the best frame of mind for making such life changing decisions. Having experienced divorce after a 30-year marriage and in my professional experience as a financial neutral, financial mediator, and supporting individual clients and their attorneys, the answer where to begin may be somewhere not so obvious, a divorce coach trained in collaborative divorce. I say this not because you will end up or be steered to a collaborative divorce, but rather that a divorce coach can help you and your spouse navigate the emotions and challenges during any divorce process and beyond. A collaboratively trained divorce coach can help explain process options in a manner to help you no matter what process you may choose. A neutral divorce coach can also help recommend other divorce professionals including a child specialist, financial specialist, and attorneys who can work together with you and your spouse in any divorce process. In addition, a divorce coach can help save you time, money, and heartache by guiding you and helping you manage emotions throughout the process. How do I find a collaboratively trained divorce coach? Click here to find coaches throughout the MSP metro area. By clicking on their name, you can read their profiles. Many, if not all of them, will provide a free initial consultation allowing you to ask questions, evaluate each individual and make informed decisions best suited to you and your family. Divorce coaches are one of the best resources available to anyone considering divorce and wondering “where do I begin.”