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149261495Every once in awhile a movie comes along that gives us an important glimpse into the world of divorce.  Richard Linklater’s movie Boyhood is one of those rare films. It tells the story of a divorced family over a period of twelve years in a way that has moved audiences and impressed critics all over the world. It won the Golden Globes and Critics Award for Best Picture and is one of the favorites to win the Oscar for best picture as well. One of the unique features of the movie is that it was filmed over a period of 12 years, so you actually watch the boy grow from age 6 to 18. Seeing the real actors grow over time does seem to make it feel more real and by the end of the film the viewer gets a powerful sense of how this world feels, particularly for the children. Parents who have been through a divorce, or who see the possibility of divorce, are likely to be particularly moved by the film. While the movie clearly shows the pain and difficulty that the children face from living in two homes, and in having to adapt to new step-parents, it is not a grim account designed to make us feel that children of divorce are doomed. Indeed, Linklater, who acknowledges that the movie is based loosely on his life, says he was more interested in just showing that, for many families this world is very real. Over the twelve years, the boy, and his older sister, face many of the same issues faced by most children; the fact that they experienced those issues in separate homes adds a different dimension to their lives but, at least in this movie, does not devastate the family. Without spoiling the movie, it can be said that the divorced parents in the movie, while clearly imperfect, work through their life experiences without intense bitterness toward each other and, in the end that seems to have made all of the difference. I have, over the years, observed divorcing parents who never truly overcame their grief or anger. When I imagine the “Boyhood” story with these parents, I realize the story would have a completely different feeling. For me one of the messages that the movie underscores is that divorcing parents can be imperfect, and they can make the mistakes that we all make; but if their love of their children prevails, and they come to resolve their issues of grief and anger, their children can thrive. In my 32 years as a divorce attorney, I have witnessed every variation of the “Boyhood” story. My observations have convinced me that, for most divorcing parents, the method they choose for their divorce can make all of the difference. When it comes to divorce, some sadness, fear, and anger are inevitable. However, choosing a process that will help you resolve those issues, rather than inflame these emotions is crucial. To learn more about your choices, go to www.collaborativelaw.org or www.divorcechoice.com.
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181216069In a recent first meeting with new clients, I was obtaining family history to help ground me in both parents’ perspectives on issues related to their divorce. A comment by the dad struck a chord for me. He said, “I believe the way I can become the best parent to my child is by getting a divorce.” At first glance this comment seems counter-intuitive. Most children would prefer their parents remain married or partnered and under one roof. Divorce is usually a life crisis for children and their parents. Divorce is necessarily about grief and loss. How does it follow that a divorce can result in better parenting? The answer is that many parents whose marriages don’t work are able to enter into a co-parenting relationship that does work. In these families, children remain at the center of their parents’ concern and out of the middle of their parents’ conflicts. Especially if the decision to get unmarried is mutual, and a reservoir of trust and good will about parenting has been preserved, it can relieve a great deal of stress in the home to decide (though often with great sadness) to let go of the marriage while embracing a new lifelong role as co-parents. Children can continue to feel safe and loved in the context of a healthy co-parenting relationship. Effective co-parents are mindful and committed to being present for and attuned to the needs of their children, and this is the foundation of their children’s resilience and hope. Collaborative Team Practice offers specialized mental health resources to support and reinforce healthy and effective co-parenting during and after a divorce. Neutral child specialists and neutral coaches help parents create Parenting Plans and Relationship Plans as detailed and unique guides for positive co-parenting. It is indeed possible to divorce with the goal of becoming the best parent one can be.
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During my childhood, a common folk saying was, “Sticks and stones can break my bones, but words can never hurt me.” Clearly this adage predated the internet age. Children can be hurt by words, and need our protection. Probably most people you know send texts and are connected to a social media network.  Texting and social media are easily accessible and help people feel connected. The average American adult user of social media is plugged in 3.2 hours per day, sharing and receiving information online. Parents and their children often belong to the same social media networks. The impression that text exchanges and social networks are private and personal is problematic. Although there are privacy settings that can restrict sharing to specific online friends, people don’t always use them, nor are online posters always careful to self-filter and think twice about what they share. Even when messages are taken down, what goes up on the internet really never goes away. What does this have to do with protecting children during a divorce?  Here are a few cautionary tales:
  • A woman who was very hurt and feeling betrayed by her husband posted on Facebook in very colorful language about what a jerk he was, including vivid, angry descriptions of his undesirable qualities. Even though privacy settings were used to limit the posts to her close friends, the Facebook page was up on her opened laptop and read by her son when he arrived home from school, causing him considerable distress.
  • A daughter asked to use her dad’s phone and discovered romantic texts he had exchanged with a girlfriend. The shocked daughter shared this information with her mother, and then felt responsible for their subsequent divorce.
  • A few months after her parents’ divorce, a child discovered that her mother’s status on her Facebook homepage had been changed to “In a relationship.” This was upsetting to the child, who was still adjusting to the reality if the divorce.
During a divorce, it is easy for parents to become distracted. These scenarios illustrate how children can be unintentionally hurt by parents’ use of social media and texting. On behalf of keeping children safe and out of the middle, I strongly encourage parents to be careful and mindful with their online and texting behavior, especially during a divorce.    
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After your divorce, getting along at the holidays can be a stressful situation when you have kids. On top of trying to work out holiday visitation schedules and travel plans, you may also be worrying about what to get your kids. You might not have the resources to buy things like you did before the divorce. Maybe you have the resources and your ex doesn’t or vice-versa. So what do you do about those big-ticket items that your children have been eying since September? Being divorced brings on divisions over gift giving. Set aside some time with you ex, meet for coffee and talk about what your child wants or would like as gifts, and divide up the list, so you’re not duplicating each other and know what the other is buying. Also discuss whether or not a gift will be left at one parent’s house or if it can travel back and forth. If you have a hard time sitting down and talking in person, do it by email or phone. Sometimes it’s easy to ignore or “cross that bridge when we get there” but setting gift giving boundaries ahead of time creates less drama later on. It’s all too easy for the holidays to become a competition, to see which parent can buy the most stuff, the best stuff, or the most expensive stuff. Even parents that are great at co-parenting can fall victim to this game. You and your ex have to make sure this doesn’t happen to you and your child(ren). That behavior takes the focus of the holiday away from your child and spending time together. If one of you buys your child a puppy, a new video gaming system, and a big-screen TV and the other buys a few toys, feelings are likely to be hurt. The spouse who buys the big gifts often does not realize he or she is hurting the other parent and thinks they are simply making the child happy. However, if you’re the spouse who doesn’t splurge, you might end up feeling like you’ve failed your child or she will love the other parent more. Avoid this situation but having that gift giving conversation ahead of time; set a dollar limit or range if you need to. Holidays are hard. It’s important to remember the reason for the season, no matter what holiday you are celebrating. Try to focus yourself and your child on the fact that the holidays are not all about gifts. Spend time together doing holiday crafts, going to services, going to a concert, decorating your home, or baking. Check into age appropriate volunteer opportunities at a local shelters to serve meals to the homeless, packing shoe boxes for children overseas, or volunteer to wrap presents for needy children. Take your child shopping to buy a small gift to give the other parent. 20 years from now your child won’t remember which parent bought them the most gifts, so use this opportunity to show your child that giving back to others is more rewarding than receiving gifts – a life lesson they will remember for years to come.
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467180737Co-parenting can be exhausting, especially if your communication skills while you were married were not great to begin with. During your divorce you may have asked yourself, “If we couldn’t communicate effectively while we were married, how are we going to when we are divorced?” It can be extremely difficult to get past the painful history you may have with your ex and overcome any built-up resentment. However, it can be done and it should be for the sake of your children. Below are three areas to work on to build more effective co-parenting communication skills.
  • The Blame Game. Are you guilty of the “blame game?” In our household every time something went wrong blame had to be placed on someone. Late to an appointment – somebody’s fault. Food too spicy – somebody’s fault. Sidewalk is slippery – somebody’s fault. I just couldn’t understand why we had to place blame on someone for everything. It’s ok to be upset about something without having to constantly blame someone. Did your child forget to finish a school project while at his dad’s house? Sure the natural reaction is to blame your ex, but rather than focusing on who is to blame for something going wrong, focus on how to fix it. Co-parenting takes team work, and pointing fingers doesn’t work well on a team.
  • Moving On. Put the past behind you. Sure you are still hurting from “XYZ…” but until you are able to put it behind you it will continue to come up and with continue to debilitate your co-parenting skills. If you are having trouble and haven’t already sought out therapy or counseling, please do so. Going to therapy doesn’t mean you are excepting blame for something that may have happened in the past, but rather seeking therapy means you are electing to seek out healthy ways to put the past behind you.
  • Think before you speak. Divorce and co-parenting are full of emotions. It’s easy to act and speak in the moment and later regret it. We can’t always be intentional with our words, but there are times that we can take a step back and carefully choose our words. For example, it is too easy to rattle off an emotional email in the heat of the moment, instead make a vow to yourself that before responding to an email you will wait one hour to respond or go for a walk before responding.
There is a quote that reads, “10% of conflicts are due to difference in opinion. 90% are due to wrong tone of voice.” Don’t just consider your actual words, but your tone as well. Co-parenting takes a lot of hard work and communication, but continuing with small strides can make a huge difference that ultimately results in a more positive relationship for the sake of your children.
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173299392Divorce is a crisis in the life of a family.  It is not actually a legal crisis, though it requires this expertise to ensure that legal resolutions are reached regarding financial matters. It is not a theoretical crisis. It is a genuine emotional crisis. What does this mean for children? Some years after I began my therapy practice with children and families decades ago, a researcher named Judith Wallerstein published the results of her longitudinal study on the negative impact of divorce on children. The data were a wake-up call, shocking to some, sobering to all. Mental health experts responded by saying parents and social institutions needed to be more attentive to the impact of divorce on children. A book was written advocating bird nesting—parents rather than children transitioning to and from the homestead—as an alternative “custody” arrangement for families (an option we now know to be a temporary rather than permanent solution). Questions began to be raised on the impact of parenting time arrangements that essentially minimized otherwise healthy and loving relationships between parents and children. At the time Wallerstein’s study was published, the options available for divorcing parents were largely adversarial in nature. The focus was “rights based,” not based on supporting co-parenting and keeping children out of the middle of the crisis. Many of the parents with whom I work attest to the emotional trauma they experienced when their own parents divorced. In fact, it is likely these divorcing parents were assured by their attorneys that “children are resilient—your kids will be fine.” But we know that children do not become resilient in a vacuum. They need adults to create environments of support and attention to their needs. Collaborative team divorce offers a clear and powerful alternative for parents who love their children and want to envision a hopeful future for them. Families work with a multidisciplinary team of professionals with specific skills and experience. Mental health expertise is woven throughout the process, both to specifically support children and to provide parents with the best possible grounding for effective co-parenting. If you want to know more about how your family can weather the emotional crisis of divorce with the most dignity and respect for the needs of your children, please learn more about Collaborative team practice at this link to the website for the Collaborative Law Institute of Minnesota.
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1. Forcing Your Kids to Take Sides The last thing a parent wants to do during a divorce is to cause more pain for the children. Divorce is a painful time during which many negative emotions can arise, including anger, fear, regret and grief. Often there is a perceived need to blame the other party for one’s unhappiness, together with a desire to hold your children close. However, keep in mind that putting your kids in the middle is harmful to them. Resist the urge to blame and criticize your spouse in your kids’ presence. Don’t force your kids to take sides or to report on the other parent’s activities. No matter how difficult it may seem, the best thing you can do for your kids during a divorce is to remind them that both of their parents love them and will always be there for them. 2. Engaging in an Adversarial Divorce Divorce is a major life event. It is the legal recognition that your marriage is over. Unless your situation is unusually simple (short marriage with no children and few assets and liabilities), each party should have an attorney to provide advice and to make sure that the required documentation is accurate and complete. For most couples, the divorce process can be completed without setting foot in a courthouse. Using skilled neutrals in the Collaborative Process or mediation helps to avoid the polarization that often takes place in more adversarial processes. Better post-divorce communication, lower divorce costs and less resentment are other benefits of no-court divorce processes. 3. Having Unrealistic Financial Expectations Divorce means creating two households in place of one. Most couples are struggling to make ends meet before separation. Creating a plan to support both households can be challenging. Unless income can be increased, down-sizing and belt-tightening are often required. There must also be a plan to pay divorce costs. Understanding these challenges going into divorce can provide both parties with a reality check and allow the divorce process to go more quickly and smoothly. 4. Forgetting to Consider Tax Implications Many of the financial decisions made in divorce have tax consequences, some more obvious than others. When dividing marital assets, it is important to recognize that some assets may actually be worth less than face value due to future income tax liabilities. Most retirement accounts, for example, have been funded with pre-tax earnings, meaning that withdrawals will be taxed and, depending upon the timing, may have early-withdrawal penalties as well. Stock portfolios will likely be subject to capital gains taxes upon liquidation. On the cash flow side, dependency exemptions and characterization of support payments (child support or spousal maintenance) impact the amount of after-tax cash each party has available to meet living expenses. It is essential to get competent advice during the divorce process in order to avoid unexpected surprises down the road.
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186820735In Part I we learned that advocacy in the “rights-based” Court Model is hard on the people involved because by focusing on the 3rd-party decision maker, e.g., the judge, the parties care little about each other’s view.  As a result, their relationship can become more adversarial.  In Part II we learned that by removing the decision maker in the “interest-based” Collaborative Model the parties become the decision makers who resolve mutual problems based on their defined future needs, interests, and goals.  But is the removal of the 3rd party decision maker enough to create a process that is truly “soft” on the people? Most people who have gone through a divorce agree that divorce is much more than a legal event.  More importantly divorce is about changing relationships, improving communication, establishing co-parenting, engaging in problem-solving, and securing a stable financial future.  But many divorce processes do not adequately address these more important concerns, thus limiting divorce to simply a legal commodity. To gain the added value of improving your relationship with your soon-to-be ex-spouse, of becoming successful co-parents, of mutually planning for the future, and of customizing your financial arrangement to meet the needs of all family members within the resources available, requires the assistance and expertise of NEUTRAL professionals.   These neutral professionals include a Neutral Financial Professional, a Neutral Coach, and a Neutral Child Specialist.  This team approach is the “secret sauce” used in the Collaborative Model that can transform the experience of this life event into something constructive, affirming, and even peaceful.  Obviously, this is of great benefit to children. Diagram - The Power of Neutrality 082814 In addition to the support and expertise provided, the neutrality of the neutral professionals balances attorney advocacy.  This permits the attorney to stay in the problem-solving and interest-based advocacy role for his or her client, while the neutral professionals hold the ground for resolution on behalf of the whole family.  This interdisciplinary, holistic approach to advocacy and expertise is what distinguishes the Collaborative Model from any other model out there. Collaborative professionals like to say this model contributes to world peace one family at a time.  If this approach makes sense to you, tell your friends, family, and colleagues about the Collaborative Model and contribute to world peace.
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466032689Divorcing parents often wonder how vacations are treated in a parenting plan. There are often three types of vacation options addressed in divorce.
  1. Vacation during parenting time. Often parents are each allowed to take unlimited vacations during their scheduled parenting time. There may be additional requirements to notify the off-duty parent of any travel or certain vacations that are not agreed to generally. But because these vacation do not impact parenting time, they are usually the simplest to address.
  2. Vacation with the children that includes off-duty parenting time. Some parents agree to some amount of time for vacations that are longer than parenting time blocks. One or two weeks a year often fits for families. These vacations may include travel out-of-state or be contiguous time in town. Usually both parents have the same amount of time and there is often a notice requirement – that the parent wanting a vacation informs the other parent of the planned vacation.  This time often supersedes regularly scheduled parenting time and is not made up at a later date.
  3. Vacation without the children that includes no-duty parenting time. Sometimes parents agree to include vacation time without the children in a parenting plan. This allows a parent to have time away while the other parent takes on more parenting time. This vacation time is also usually equally provided to both parents and includes a notice requirement.
In all of these options, it is often a good idea to not inform the children of a proposed vacation until it has been agreed-upon by both parents. Obviously, these options address only the parenting time elements of vacation and not the financial significance of vacations. Vacations and travel may be included in budgets and support options or other financial agreements can be reached or discussed in the divorce process.
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174496060It is not uncommon for parents to disagree on school choice. Sometimes parents have differing opinions on the curriculum of a school or certain teachers or even location or class schedule. When children are at natural school moves (such as entering junior high or high school), additional changes need to be made. When parents are divorced, these decisions can often be even more difficult. In addition to deciding what’s best for the children, emotions and challenging communication can make the decisions even harder. Sometimes it is good to look at the practical and logical considerations to help make these joint decisions. Here are some specific considerations in a school decision:
  • If it is not a natural school change point, how well do the children deal with change? Do they make friends easily? Do they know anyone at the potential new school? Are there specific elements of the new school that would be particularly enjoyable for the child (such as an orchestra or specific extra curricular activity)?
  • How well does the new school deal with change? Do they have programs in place to integrate transfer students into school? Is there anyone who has transferred into the school recently that you or the children could talk to in order to prepare? Could the school assign your children mentors or buddies to help them feel more comfortable if they transfer?
  • How would a school change impact parenting time? Will both parents still have meaningful time with the children?
  • Should the children have some say in this decision? Junior high and high school students may want to visit potential schools and provide some input on the change.
Ideally, divorced parents with joint custody can work together and make a school choice together. If it becomes difficult or starts to cause any stress or strain on the children, consider seeking third party support. A neutral child specialist or collaborative process could help you work together on a decision.