Divorce affects us all, whether it is our divorce or not. And, ugly bitter divorces impact us all far more severely than amicable, respectful divorces. We all stand to benefit if other people handle their divorces better.
Ugly divorces impact us in very real, practical, every day ways. For instance, consider these scenarios:
Your child’s teacher is getting divorced. Their spouse is the breadwinner and has told them that they refuse to help out financially. And, the spouse has filed a custody action seeking sole custody of their children. How well do you think that teacher is focusing on your child with that kind of threat hanging over their head? Is your child getting the attention they need for those end of year tests? Is that teacher so stressed that they are short with your child in class? Are they so distracted that they are not noticing that your child is slowly falling behind in class? Did they forget to nominate your child for that award that would look great on a college application?
Your neighbors are getting a divorce. They fight over custody of the kids. They each approach you to testify for them. One wants you to testify about the Christmas parties where their spouse drank too much in front of the kids. The other wants you to testify about the time their spouse cursed at the kids in front of everybody. You get a subpoena to appear in court to testify. You have to take the day off for court, the one day that you have to be at work because the President of your company wants to hear the update on your ongoing project work.
Your neighbors separate and hire litigation attorneys and start a lawsuit. Due to the cost of the fighting in court and attorneys fees, the couple has to sell their house. The court orders the sale, and the house is sold for $30,000 less than the market price because the parties just want out. You want to open an equity line on your home, but you can’t qualify because their short sale lowered the appraisal for your home.
Same scenario as above, but your kids are best friends with your neighbors’ kids. They’ve lived next door to each other for 10 years, and have played together every day for 10 years. Now, their best friends will be moving away. Your kids are devastated and you have to drive 30 minutes round trip just so your kids can play with their best friends who used to live next door.
Your co-worker is getting divorced. It’s ugly. Their spouse is asking for thousands of dollars a month in alimony and/or child support. Their retirement is going to be gutted. They’ve been accused of abusing their children in an effort by their spouse to gain custody of the kids. Social Services visited their home. The two of you are in charge of a huge software development project. They are so distracted that all they can think about is the divorce, whether they are going to lose their kids and how they will support themselves if they have to pay a large amount to their spouse. Weeks go by and they’ve accomplished little to nothing on the software project. Nonetheless, your reputation is on the line if the job doesn’t get done. Guess who is going to be working all hours to pick up the slack? You. Guess who isn’t a huge fan of you working all hours? Your spouse and kids. Guess where there is new marital tension spreading like a virus? Your house.
You are a financial professional. You manage investment and retirement accounts for families. Your clients have $500,000 in investments with you. Your clients separate and hire attorneys to get divorced. They own businesses and have a complicated financial life. By the time the trial is over, they have liquidated all but $50,000 of their investment with you to fund the litigation. You’ve just lost $450,000 from your book of business. And you know that 40-50% of your married clients are going to get divorced.
You are a therapist. You’ve worked with a client for 10 years to help them with their depression and anxiety. You’ve made a lot of progress in that time. You finally think that they are going to turn the corner and live the life that they’ve told you they want to live. Then their spouse drops the divorce bomb on them in the form of a lawsuit seeking sole custody, alimony and more than half of their assets. The Complaint specifically mentions your client’s depression and anxiety as a reason to keep the kids from them. Despite your best efforts, your client is set back years in their progress.
Now compare that to a respectful divorce process where the parties are working together to find ways to make sure that they are both financially supported, that their kids get to continue their relationship with both of them, and that they sacrifice as little of their accumulated wealth as possible during the process. They aren’t threatening each other. They aren’t asking you to be a witness. They aren’t impacting your work life.
You have the ability to influence other couples by letting them know that an ugly divorce is not their only option. Tell them that Collaborative Divorce and mediation allow people to divorce without destroying their lives, children and finances. You may be saving yourself a lot of trouble.
Frequently, people think of all divorce attorneys as being the same. Most people assume that we all do the same thing, the same way. In fact, most people I come across assume that all divorce attorneys are out for blood and live to take everything we possibly can (kids, money, houses, hope, joy, the will to carry on, the right to breathe, etc…) away from the other spouse so that our client can have it.
I’ve met some of those attorneys. Their mentality is designed to fit a divorce in court where fighting is the way to a resolution. But, luckily for families that are looking at the very real possibility of a divorce, not all attorneys fit this bill.
Here are some important ways that Collaborative Divorce attorneys are similar to traditional divorce attorneys:
- They have all graduated from the same law schools and passed the same Bar Exams
- They all have the same license to practice law
- They are familiar with the statutes and case decisions that may influence your case
- Most currently do, or have practiced in traditional divorce cases prior to adopting the Collaborative Divorce negotiation process
- They can draft Separation Agreements, Consent Orders and other documents necessary to formalize a divorce agreement
- They can represent you in getting an actual divorce judgment from the court
But, obviously, there are differences. So, here are some of the most important ones:
- Collaborative attorneys are specially trained to administer and carry out the Collaborative Divorce negotiation process
- Collaborative attorneys are trained to both listen and communicate differently than traditional attorneys
- Collaborative Divorce attorneys are specifically trained to work with mental health professionals and financial neutrals to create the optimal divorce resolution for each individual family
- Collaborative attorneys are specially trained to identify and manage (but not treat) the emotional issues in a divorce, instead of ignoring them or making them worse
- Collaborative Divorce attorneys, by law in North Carolina, cannot go to court with you once you have begun the Collaborative Divorce Process (except for obtaining an actual divorce judgment).
- Collaborative Divorce attorneys believe that the best way to get their client what they need is to also work towards getting their client’s spouse what that spouse needs
- Collaborative attorneys will not threaten, leverage, coerce or demean your spouse or their attorney
- Collaborative Divorce attorneys do not look for “evidence” to “nail somebody to the wall”; they look for data to help clients make informed decisions
- Collaborative attorneys work with an eye toward preserving the family’s financial resources in the divorce, not just one person’s
- Collaborative attorneys work with the goal of preserving the family’s ability to function effectively after the divorce, especially when children are involved
There are other important differences between traditional divorce attorneys and Collaborative Divorce attorneys. But, these lists should give you a good summary of how working with a Collaborative Divorce attorney is different than working with a traditional divorce attorney
If you want to learn more about the differences between Collaborative Divorce and a traditional divorce, contact me or call me at 919-573-4860.
“How Do I Know if I’m Making the Right Decision?”
This is one of the most common dilemmas that people face in negotiating divorce, custody, alimony, equitable distribution and child support issues. In fact, the fear of making the wrong decision can paralyze people and prevent them from making any decisions.
In my last blog post, I talked about the negative impact of indecision. The fear of making the wrong decision is one powerful fear that feeds indecision.
However, in a divorce context or any other, making decisions in the face of uncertainty it is critical.
The fact of the matter is that there are poor, better and best decisions. But, there are rarely right and wrong decisions. There are great decisions that turn out poorly and terrible decisions that work out well. No one has a crystal ball, and even the best analysis and prediction can be laid waste by future events. Life, as they say, is uncertain.
Nonetheless, decisions must be made. The best way that I know to handle the discomfort of making difficult decisions in the face of uncertain outcomes is from the book Difficult Conversations by Douglas Stone, Bruce Patton and Sheila Heen of the Harvard Negotiation Project.
These authors give the following advice:
“Don’t spend your time looking for the one right answer about what to do. It’s not only a useless standard, it’s crippling. Instead, hold as your goal to think clearly as you take on the task of making a considered choice. That is as good as any of us can do.”
That is tremendous advice in both divorce and life.
Not making a decision is a decision. In a divorce context, not making a decision about how you want to resolve alimony, child support, equitable distribution and custody issues is a decision to let your spouse decide how that will happen. And, it is frequently a decision to go to court, whether you intended that or not.
Take this common scenario: A Wife (or Husband) tells her Husband (or Wife) that she wants a divorce, and suggests that they use the collaborative process because it will protect the kids and their finances.
In some cases, the Husband’s reaction is to do nothing, and not make a decision on how to proceed. Essentially, stonewalling.
Sometimes this happens because people think that the divorce won’t happen if they don’t participate. They think, “If I don’t pick a process, then a divorce cannot or will not happen”. The truth is that it will happen with or without them. But, it will happen in a public courtroom instead of a private conference room. And, the parties will have lost most, if not all influence over the process and outcomes for their children and their financial lives.
Other people in this situation think that agreeing to a process means that they are agreeing with the divorce. That causes them to avoid choosing a process as a means of voicing their protest of their spouse’s decision to be divorced. This is a self-defeating approach. It is possible, and very common, to both disagree with the divorce and participate in the collaborative divorce process.
Many people operate under the false belief that they have to agree to a divorce. In North Carolina, a party can obtain a divorce without their spouse’s consent. So, if your spouse tells you that they want a divorce, they can get one whether you agree or not. You might be able to delay it, but you cannot prevent it.
Further, failing to choose a divorce process forces the other spouse to go to court. A courtroom divorce process is the only process that one party can force the other into. So, if one spouse refuses to choose collaborative divorce, mediation or another process, then the other spouse has no choice but to seek the help of a court. Therefore, refusing to make a decision is often a decision to go to court. That option is typically the opposite of what both spouses wanted.
So, if your spouse has told you that they want a divorce, then you need to investigate your process options. And then you need to participate in choosing a process. If you don’t, you will be making an unintentional decision, and that may well be choosing a battle in court.