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.
464714163Peace is possible though we are surrounded by high 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 is not unlike 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 wellbeing 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.  The world your children will inhabit is in the future.  May it be a peaceful one.
182021502The Collaborative divorce process is one of many ways to divorce. It’s not for everyone. So how do you know whether it is right for you and your spouse or partner? Here are a few questions to help you decide:
  • Do you want your children to be in the center rather than in the middle?
  • Do you want your lawyer to be a wise counselor rather than a hired gun?
  • Are you willing to be in the same room with your spouse or partner?
  • Are you able to speak for yourself and articulate your own goals and interests?
  • Are you open to solutions that respect both your and your spouse’s interests?
  • Do you want to focus on future solutions rather than past disagreements?
  • Do you want a comfortable co-parenting relationship with your former spouse?
  • Are you willing to experience and live with some discomfort at times during your divorce?
  • Do you want solutions that take into consideration the uniqueness of your family?
  • Do you want to model healthy dispute resolution for your children, friends and family?
  • Do you want to be able to look back on your divorce and feel good about both the outcome and how you handled yourself during the process?
If you answered “no” to any of these questions, another, more traditional divorce process may be a better choice for you. Collaborative divorce is best-suited for couples who understand the value of divorcing well. How you divorce greatly impacts your children’s well-being and your own ability to move forward in life without resentment. If you answered “yes” to these questions, the Collaborative divorce process may be a good choice for you. To find out more, go to www.collaborativelaw.org and contact a Collaborative professional.
My daughter Sarah with her grandmothers
My daughter Sarah with her grandmothers
Perhaps the most important advice I can give someone going through a divorce is to keep the long view in mind. Although it is easy to be swamped by the immediate emotions, the years after the divorce are where you see the impact of your decisions on your entire family. And nothing brings it to the forefront like a milestone event for your child, which I am currently experiencing. My daughter Sarah graduated from high school and will soon be heading off to Wellesley College. This summer has been marked by a graduation weekend with extended family, and soon I will join my fiancé and Sarah’s dad to move Sarah into her dorm. Bringing together the extended family for graduation post-divorce could have been painful and awkward. But it was a wonderful, celebratory weekend filled with love for Sarah and our love and respect for all members of the family. Sarah was in grade school when her dad, John, and I divorced. Divorce is always painful, but we were blessed with a team of collaborative professionals to assist us in the process. I have known for years that a collaborative divorce launched our excellent co-parenting relationship. What really resonated on graduation weekend was the impact on the extended family. My mom flew in from Arizona and John’s mom flew in from New York. These grandmothers had not seen each other since Sarah’s baptism. John’s brother came from Pennsylvania, and he had not seen my mom since our wedding 24 years ago. Also in the mix was my fiancé, Josh, his daughter Lily and his parents. I admit I was a bit nervous about seeing my former mother-in-law and brother-in-law, but it was incredible. We all worked together setting up for Sarah’s graduation party, had multiple meals together, carpooled to the ceremony and sat together cheering for Sarah as she collected her diploma. The love was abundant in all these events, which was priceless. Here’s what collaborative practice allowed for our family: we began to forgive each other and start healing. If we had litigated, the resentments would have become entrenched. By forgiving each other for our failures in the marriage, we could open up to respect and even love towards each other as parents of our amazing daughter. Our tone set the tone for our families – no one needs to choose sides or hold resentments. We can celebrate with full hearts. When we wave goodbye to Sarah at Wellesley this month, she can feel secure knowing her crazy, blended family is behind her, laughing, hugging and linking arms. I am looking forward to the next milestone, when we can all gather again. I know that wouldn’t be possible if we had litigated our divorce. I hope every parent going through a divorce strives for more than just being civil to each other. My hope is that you can celebrate the gifts each parent and family member brings to the life of your child. It starts with your divorce process – collaborative practice allows you to transform your relationship.
173298779When you are ready to start a divorce, nothing creates more frustration than the reluctant spouse.  How are you supposed to move forward with your life when your husband or wife doesn’t want a divorce?  Here is my advice for dealing with the spouse who is dragging their feet. 1.  Keep your long-term goals in the forefront, rather than taking short-term aggressive action. A friend of mine from another state called me recently to tell me about her meeting with a divorce lawyer. My friend wants a divorce; her husband doesn’t. The lawyer said she ought to serve and file divorce papers on her husband and tell her three children about the divorce by herself so she controlled the story to the kids. This kind of advice is what gives lawyers a bad name. Like most people with kids, my friend wants to protect them from conflict and have a good co-parenting relationship after the divorce. That means she has to work with her husband, not set up a firestorm of conflict by launching an aggressive attack.  2. Get the right support to help your spouse. A spouse who is not emotionally ready to handle a divorce can make the process difficult. It’s much more effective to connect with resources to help your spouse accept the divorce. If you have been in marriage counseling, you could enlist the counselor to facilitate conversations about your desire for a divorce and options for proceeding. Discernment counseling, which is a limited scope form of therapy, is another approach. Or you could work with a collaborative divorce coach, who is skilled at working with couples who are have a gap in their respective readiness to proceed with divorce.  3.  Use the time to gather necessary financial documents.  While you are letting your spouse play “catch up” emotionally, it helps to feel like you are taking steps to move forward. One task that has to happen is gathering financial information. You can contact a collaborative financial neutral to find out about their services and the information that will be needed. You can gather records, such as tax returns, mortgage documents, bank statements, and credit card statements. You can look into insurance costs as an individual and look into housing options. Gathering all the financial information usually takes some time, and there is no reason why you can’t get a start on that important step. It will make things go more quickly once you are ready to start the process. It is rare for both spouses to be in the same place emotionally when deciding to end a marriage. If you can give your spouse some time and support to accept that the marriage is over, you gain a less frustrating divorce process and a foundation for a good working relationship as co-parents.
168408173In my last blog I wrote about how people travel all around the world to learn about how we Collaborative divorce in Minnesota. In this blog, I want to say a little bit about why that is true. Describing all of the elements of Collaborative Divorce would require more than we could put in one blog. I want to focus on the one element that may stand out above the others: choice. People who face family conflict need choices. Collaborative Divorce takes everyone, including the lawyers outside the court system, so that there is complete freedom for each family to design a process that truly meets their unique needs. Once people arrive at that place where true choices can be made, there are many options. Here are some examples of choices people can make in the Collaborative Process:
  • People can choose to have a parenting expert help them with their children rather than leaving the parenting issues divorce lawyers.
  • People can choose to have a financial expert teach them about how to handle finances better rather than just fight over who gets the bigger slice of the pie.
  • People can choose to improve their communication, and even, if possible improving their respect and trust of each other, by getting the emotional support that they need.
  • People can choose to focus on their highest goals, like reducing conflict and can avoid getting caught up in minor issues.
  • People can even choose to put the divorce on pause, if appropriate, to give them time to look at their marriage and determine whether they want to work on reconciliation.
When families are in conflict, trying to fit that conflict into a narrow “one-size fits all” system, can lead to outcomes that do not address true needs. Stepping outside the shadow of the courthouse and letting families design their own course leads to better outcomes. Divorce is difficult. The choices that you make during this important time could affect your family for decades. Before you take the first step, explore all of your options. To find out about the Collaborative option, go to www.collaborativelaw.org.
I seem to be going through a “mourner phase,” these days.  Last month, I attended four funerals.  This month, a couple.  Frequently, these events were labeled “a celebration of life.”  Sometimes they were; other times, not so much. It’s not unusual for children or close relatives to speak at these events, describing the bond between themselves and the deceased, and how it was created.  Often, the speaker can bring that person to life, figuratively speaking, with their words.  The last thing in the world we ever expect to hear is that Joe was a mean, abusive so-and-so; he denigrated his wife, beat his kids, and has as much chance of getting into Heaven as Osama bin Laden.  Admittedly, none of the services I attended included such a speaker.  Although . . . One of them included an out-of-town relative who was a member of the clergy.  His memories of the dead individual brought to mind a temperance revival meeting, and really turned into a rant about how this relative had saved the decedent’s soul at the last minute.  To many in attendance, and this was NOT an evangelical group, it appeared the funeral in those moments had ceased to be a celebration of the dead man’s life and had instead become all about the relative. As I struggled with how inappropriate the funeral hijacking felt, my deja vu detector went off.  It took me a while to realize why.  As a divorce lawyer, I get to help officiate at the death of a marriage.  In the best cases, when a couple sees the wisdom of planning their family’s future together, those divorces can include a large measure of honoring that marriage, even if it stops short of an outright celebration.  The relationship that brought the children into the world can be buttressed and supported going forward.  The good things can be retained.  The bad parts . . . well, the bad parts are why they’re in my conference room. And then there are those who, oblivious of the relational aspects of the marriage that died, just want to go on and on, like the prodigal clergyman, and make the divorce all about them.  Their “rights,” their money, their property, even “their” children.  Losing sight of the Big Picture is an uncomfortable thing to witness, whether it accompanies the death of a person, or the death of a marriage.  When couples keep that Big Picture in mind, they can create a fitting memorial to the marriage that used to be, and honor the family that still is.
455422869Recently I received a referral from Kristin, a client I represented in 2011 in her collaborative divorce. In thanking her for the referral, I took the opportunity to ask her how she was doing. With her permission, her response is reproduced below. At the time of her divorce, Kristin and her husband had two (2) children ages 10 and 12. Hi Tonda, Nice to hear from you. I will fill you in with some detail for examples of what can lay on the other side of divorce to help you give hope to your clients going through this painful process. Everyone is doing well here; the kids are doing really well splitting their time between our 2 households (4 miles apart). Tom and I have a much better relationship now than when we were getting divorced. We talk several times per week and text, usually daily, mostly regarding kids’ stuff like coordinating activities/homework and just general parenting issues. We also try to meet for coffee sometimes to discuss things more in depth like holidays and vacation planning and kids’ milestones. We see each other at their basketball games, tennis matches, orchestra concerts, etc, even holidays sometimes, and usually sit together with our new spouses. Tom and I both got re-married a couple of months ago and Tom and his wife are expecting a baby in March. I married a pharmacist that I met after the divorce and we got married in Yosemite in August of this year. The four of us get along well and the kids get along well with both our spouses so I have nothing but great things to say about the collaborative process. It really helped us to avoid a lot of un-pleasantries and keep our family together without staying married, which is really great. I hope all is well with you and your practice. I will continue to recommend people look into collaborative divorce as an option. It has been very helpful to us to use the divorce agreement as a structure, but we stay very flexible with rearranging schedules, holidays and vacations etc. We have actually never even had an argument since the divorce. It has helped us build a sense of cooperation and the collaborative process really reinforced putting the kids as the center point for all decisions going forward. One of the things that always stuck in my mind through the whole process was that Tom and I decided that even though we did not have a successful and healthy marriage, we would have a successful and healthy divorce and be successful and healthy parents. Best, Kristin
Recently I received a LinkedIn endorsement from Christa, a client I represented in 2008 in her collaborative divorce.  In thanking her for her endorsement, I took the opportunity to ask her how she was doing.   With her permission, her response is reproduced below.   At the time of her divorce, Christa’s two (2) daughters were 16 and 17, and Christa only worked part-time. Hello Tonda, How nice to hear from you!  Life has been good on my end.  I’ve move forward professionally and personally–continued to work in psychiatric research, first part-time and then, for the past 4 years full-time.  In addition, I’ve been building my private counseling practice, which led to 60+ work hours per week.  The practice is going well enough that I was able to resign my salaried position effective this November. It’s not easy leaving a place that feels like a curious and lovable community, but for the sake of living a full life, choices needed to be made. In October 2008, a mutual friend introduced me to a man who is now my husband.  He was married before and has 2 children–his son is the same age as my oldest daughter (23), and his daughter is 15.  We were married February last year (2013) on Key West.  Almost my entire family came over to be there for us–including some nieces and nephews.  It was lovely. Two weeks later, my former husband got married as well to a woman he had been dating since our separation. The girls are doing very well.  My oldest daughter will be graduating this coming spring with a major in education and mathematics.  My youngest daughter will graduate next December, and then plans to get her MA degree in child psychology.  After struggling with grades and transitions the first year, they have both become straight-A students. My youngest daughter said something interesting the other day while we were driving.  She said, “Mom, I can’t even imagine you and dad being together anymore; it’s not like I don’t remember, but you guys are so different, and all my friends can’t even believe the two of you were ever married.  I mean, how did you make it work for so long?” Today, both my daughters see the benefit of their parents having divorced and moved on.  My former husband seems happy, has a good relationship with his daughters and brought a great woman into his life.  I’m happy as well, and likewise have a wonderful connection with my daughters.  Both daughters are relieved they don’t have to worry about either one of us, and both of them like our choice of new partners. Everyone is well and happy.  I’m very grateful for the part you played in giving me the information and support I needed to take the step toward divorce that had frightened me so much.  Not once did I regret this transition.  I appreciate the divorce process was not hostile. You were calm, wise and nurturing when I was in the grips of anxiety. Sure, there were hurt feelings and it’s very stressful going through this process.  However, it left two people free to move forward and build a meaningful life.  It also freed our children from the worry they had for parents who just could not be happy together. So: thank you, thank you, thank you!!! All the best, Christa
As a Collaborative Attorney, this sort of thing makes me proud to be a Member of the Collaborative Law Institute of Minnesota (CLI). I’m really excited to share that this May, CLI is hosting a four-day, international symposium to explore love and forgiveness in Collaborative Practice. The event is titled “Divorce: What’s Love Got to do With it?” This event, to my knowledge, isn’t for people experiencing divorce. It’s for professionals who help people that are going through a divorce. Now, why you may ask is this important? Well, I think it’s really cool that a group of dedicated professionals is really thinking about how to make things better for divorcing families and families experiencing other life-events that we include under the label Family Law. A grant from The Fetzer Institute is making it possible. You’ll want to check out their website; it’s really cool. Here is a sample of their take on love and forgiveness in the world:
We believe in the transformative power of love, love that protects us in our vulnerability while also impelling us to tend to the needs of others. We believe that forgiveness can also be transformative, a process that further extends the healing power of love. We accept that these forces have power: power to heal, and power to transform even the most difficult, troubled situation into something that is generative, affirming, and life-giving. In a world that seems dominated by aggression and separation, we are part of a broad and deep yearning for something different.
I recently submitted my application to be a part of the host committee and to help brainstorm after the symposium is all done as part of the implementation committee to figure out ways to incorporate love and forgiveness into Collaborative Practice on a local and practical level. To learn how love and forgiveness can play a part in your family, contact Arnold Law and Mediation or locate another Collaborative Professional.