Archive for the 'References, Resources & Books' Category

Wednesday, November 18th, 2009

Thanksgiving Transitions for the Divorced and Divorcing Parents

By Michael A. Mastracci

If you are separated or divorced and have children stuck in the middle of parental discord, the Holidays often take on special significance in many respects.  Transitioning the children from one house to the other and dividing up time not only between the parties but also involving extended family members, relatives and friends make scheduling all the more difficult. If you and the other parent have a tendency to disagree about things such as the day of the week, the time, the weather, whose fault everything is and the like, you may not look forward to yet another holiday season. For purposes of the following comments and tips we will limit the discussion to the Thanksgiving holiday. Just like co-parenting through separation and divorce, holiday cheer is dealt one day at a time.

I recently came across a good article on the Ohio Family Law Blog written by attorney Anne Shale of the law firm Holzfaster, Cecil, McKnight and Mues, LPA regarding some useful tips on the nuts and bolts of handling the Christmas holiday season. The real short version includes tips like plan ahead, look to and review the controlling agreement or court order if one exists and to attempt to commit to a written schedule as soon as possible if there is no such writing memorializing how the children’s time is to be divided for each upcoming holiday. Often easier said than done, but proper planning and even some sacrificing here and there can go a long way. Whatever the schedule is, grandparents and extended families will have to adjust accordingly to fit your schedule, as the other parent may not care to accommodate too many variables, right?

When trying to plan, first and foremost remember that it is the children’s time that is being allocated for, not yours. Keep it all child focused. Also, while we like to remember the Pilgrims and all we have to be thankful for, when push comes to shove, in our time sharing  context, it is one frickin meal on one Thursday of the year. Don’t make more out of it than need be. When it comes to Thanksgiving and many scheduled holidays there is often a choice to be made, and hopefully agreed upon, as to whether to split or divide the Holiday or alternate from year to year. In a day/night split the child spends a portion of Thanksgiving with each parent which means juggling two dinner times, family gatherings, travel etc. Also, do the children really need two huge meals back-to-back or even during the same day? Remember, as far as the kids go, they really don’t care if you celebrate Thanksgiving on Wednesday with one parent and on Thursday with the other. Should it really matter that much to you if it works for your children?

Whatever works best for the children and all concerned is what counts. A few possibilities for a smooth and Happy Thanksgiving are to go with the even-odd year approach. First define and delineate the parameters of the Holiday. Your Thanksgiving could be defined as beginning Wednesday evening at 8:00 p.m. until Friday after Thanksgiving at noon, or perhaps from Thanksgiving Day at noon until 10:00 p.m. Thanksgiving night. It really doesn’t matter as long as it is clear and practical and includes facts like who picks up, drops off and otherwise transports the children. A system of whoever has the children takes them to the other parent works well in most cases. Once properly defined, the holiday can be memorialized by a document stating that, for example, in 2009 and all odd numbered years the children will spend Thanksgiving (as defined above) with Mom and in 2010 and all even years the children shall spend Thanksgiving with Dad.

If you think you want to divide the day in half in some fashion you might want to give thought to not doing that if it is an unnecessary hassle for the children and if heightened parental acrimony is afoot. It is perhaps better to have one good “all you and the kids” to plan for type of Thanksgiving every other year than to deal with two back-to-back problematic turkey days.

No matter what you and the other parent decide, remember that these days should be examples for giving thanks and celebration and not fighting and bickering; your child will be watching and learning the lessons that you instill in them during these delicate times. Some day they too may be raising your grandchildren under similar circumstances.

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Editor Note: Stop Fighting Over the Kids: Resolving Day-to-Day Custody Conflict in Divorce Situations has sample parenting plans that include reasonable holiday divisions to help alleviate the strain associated with divorce, child-custody, and separation. It is important to note that the holidays require effective pre-planning to help ensure they work smoothly for the children. Sometimes it may require mediation, collaboration, or legal process to modify or implement an effective parenting plan that includes the holiday plans.



Monday, July 27th, 2009

A Smart Parenting Plan Your Best Asset when Parenting After Divorce.

By Rosalind Sedacca, CCT.

Parenting plans are becoming more and more recognized as the way for both parents to coordinate their parenting, their lives and their relationship with their children after divorce.

In its simplest form a parenting plan puts in writing the agreed upon schedule both parents have created regarding most all parenting arrangements. It outlines the days, times and other details of when, where and how each parent will be with the children along with other agreements both parents will follow in the months and years to come.

The purpose of the plans is to determine strategies that are in the children’s best interest to create smooth, easy and positive transitions. These plans encourage cooperative co-parenting so that the children feel secure, loved, wanted and nurtured by both of their parents.

Plans can vary in depth and scope. Often they include guidelines for routine residential arrangements as well as special occasions, including holidays, birthday and vacation time. Emergency information, decision-making guidelines, processes for sharing information, relocation procedures and means for resolving disputes can also be spelled out to minimize future conflict and provide consistency for the children.

While parenting plans make excellent tools for the family, keep them flexible so that their purpose doesn’t get lost in a maze of too rigid rules. Allow for some fluctuation and reassessments as the family ages and also experiences the day-to-day realities of their living arrangements.
No plan can compensate for irresponsible or negligent parenting. Make sure the time you spend with your children is rewarding for them and reinforces the caring, supportive messages you want your children to remember. Don’t try to substitute gifts or excursions for the quality parenting time they value and crave.

Parenting after divorce is all about reassurance, safety and security. Allow your children an adjustment period at the beginning and end of visits as they transition from one home to the other. This is not easy to do for adults. Think of what it must be like for children – regardless of their age.

Be sensitive about how and when to introduce your children to your new adult friends, especially dating partners. Children are very possessive of both parents. They need to feel very secure in your love for them before they can accept another parent figure in their lives. Take your time in this regard. Think before you take steps you will regret.

Whenever possible create a sense of consistency between both homes. Children fare best when Mom and Dad agree on basic parenting issues and don’t contradict one another from home to home. If you do have differing rules, talk to your children about the differences, explain your own parenting style, and don’t put down their other parent – even if you don’t agree with their values. Your children will learn to adapt to differences in their parents if you don’t make a big deal about those issues.

Never forget that you will be a parent to your children for the rest of your life – and so will their other parent. Keep that perspective and focus on ways to collaborate and join forces whenever possible. Your children will be the winners in the long term.

*     *     *

Rosalind Sedacca, CCT is the founder of the Child-Centered Divorce Network and author of the new ebook, How Do I Tell the Kids … about the Divorce? A Create-a-Storybook Guide to Preparing Your Children — with Love! For free articles on child-centered divorce or to subscribe to her free ezine, go to: www.childcentereddivorce.com.



Tuesday, February 3rd, 2009

Marriage, Divorce and the Economy: No Excuse for Irresponsible Parenting

Is our down-turned economy having an effect on divorce in the United States and other nations around the world? While it’s too early for statistical evidence, reports from marriage counselors and divorce attorneys around the globe are in agreement. They’re finding many couples who were ready to call it quits are postponing the divorce decision due to financial reasons. In the U.S., with housing values at near record lows, wide-ranging cuts in salaries and a dramatic rise in unemployment rates, many couples are just not divorcing because they are afraid they can’t afford it.

Does this mean couples are finding new ways to get along and reconsider their marriages? In some cases, yes, but for many it just means adapting to continued states of unhappiness and coping with disappointment and frustration. This, of course, does not bear well for the children of these unions. They experience the negative consequences of a distressed marriage whether the couple splits up or chooses to stay together because of economic factors.

Too many couples are financially dependent on one another to make a break, but at the same time they have lost their emotional interdependence which helps a couple thrive during outside challenges. Without the affection and emotional connection, these couples are basically roommates sharing a home and living expenses.

The problem is that they are also parents of children who may be even more confused than ever about life at home.  Mom and Dad are still married and together – but are they? This is a big concern for therapists, school guidance counselors, clergy and others who understand children’s emotional and psychological needs during times of high stress. 

In the past it was common for divorce rates to spike during times of financial insecurity. Back in the recession of 1997 the divorce rate rose close to 20%. However, economists note that during real tough times, such as the Great Depression in the early 1930s, divorce rates did decline because people couldn’t afford the luxury of splitting into two separate homes.

There are no clear resolutions for today’s economic crisis or for parents caught up in the whirlwind around the divorce decision. However, staying together in a marriage that continues in “form” only can be a damaging situation for the children. That’s because those marriages often fail to focus on the emotional safety and security factors that children need in order to thrive, feel self- confident and express themselves.

Parents – whatever you do, stop and ask yourself some fundamental questions before moving ahead whether in – or out – of the marriage:

• Despite economic stress are we taking the time to give our children the loving attention they deserve?

• Are we as parents providing a loving environment for our children – whether we share the same residence or two separate abodes?

• Are we providing the nurturing, values and personal time we want to instill in our children despite our own challenges as adults?

• Are we creating family time rituals with one or both parents so our children feel that we still are a “family” regardless of the form it takes?

• Should we be seeking outside professional help to make sure our children are feeling safe, secure, loved and peaceful in their home environment(s)?

• Are we being honest with our children about our circumstances without confiding adult details to them that would be confusing and burdensome for them at their age?

• Are we restraining from arguing, bad mouthing each other, creating tension, bitterness, sarcasm or other negativity when the children are present?

• Are we reminding our children how much we love them and will continue to love them regardless of changes in where and how we live?

How you answer these questions will determine the quality of life your children experience – whether they are residing in one residence or two. Always remember, you are parents first – and a couple struggling with marital or divorce issues second. Isn’t that the way it should be?

*     *     *

Rosalind Sedacca’s Child-Centered Divorce Network provides numerous free articles, an ezine and other valuable resources for parents at www.childcentereddivorce.com, Her new ebook, How Do I Tell the Kids… about the Divorce? A Create-a-Storybook Guide to Preparing Your Children – with Love! is also available at www.howdoitellthekids.com.



Thursday, January 8th, 2009

Book Review – Marshall Waller

Marshall WallerTo say that I was impressed and pleased at what you have created is indeed an understatement. I found the book easy to read and jam-packed with insights, information and guidance, the likes of which I have yet to see anywhere else. 

I have been practicing custody litigation for over 27 years and I am a Certified Family Law Specialist here in California (so certified by the California State Bar Board of Legal Specialization) and I have, quite literally, seen it all in this area, as I suspect you have as well. You have created a resource I plan on sending my clients to as often as possible. 

Your book should be required reading for anyone with children, whether divorce or custody litigation is looming in their future or not.  This is a valuable read for parents, period. 

It helps us to understand the depths of the emotions and consequences that our behavior as adults and parents in these difficult situations can have on our children and their children’s children, and so on, quite literally for generations to come. 

The resources you provide are clear and even-handed.  You have created a road map for successful parenting that should become a staple in every custody lawyer’s library and a recommended resource on every courthouse web site.  I will continue to use, refer to and recommend this invaluable resource and I look forward to being able to direct my clients and my colleagues to a website where they can buy this book. 

Thank you Mike for writing this book. I can see that it has a lot of “you” in it and your candor, wisdom and guidance has already helped me as a parent and as a custody lawyer. You should be very, very proud of this work.

Marshall E. Waller, Certified Family Law Specialist

Dr. Phil “Best of the Best” Child Custody Attorney



Monday, December 15th, 2008

Divorce and the Client’s Emotional Needs: What Every Divorce Attorney Should Know

While a divorce can be one of the most traumatic events of an adult’s life, the keys to dealing with divorce can be found in the behavioral patterns of early childhood. Dr. Deb Hecker explores the similarities between developing oneself as a human being and redeveloping oneself as a newly single person. Understanding these similarities will aid divorce attorneys in both dealing with and understanding their clients’ emotional needs and state of mind.

Introduction

Aiding your clients in the transition from being part of a couple to being successfully divorced has as much to do with exercising emotional intelligence as legal intelligence. Some of the most difficult impasses in divorce are based on unresolved emotional issues, not concerns over division of property or even custody issues. At these times, a lawyer focusing solely on the facts or content of the case simply cannot help the client move beyond the emotional stalemate.

Most of the literature on the psychology of divorce treats divorce as the death of a relationship and focuses on the necessity of grieving that death in order to move forward as a no-longer-married person. The end of a marriage can be as traumatic as the actual death of a loved one in its capacity to wrench life apart and carve out a piece of the soul. All domestic attorneys have witnessed their clients’ emotional chaos — an emotional state that Abigail Trafford in her book “Crazy Time, Surviving Divorce and Building a New Life” refers to as “temporary insanity”.

In order to more fully understand why divorce is such a devastating transition and why otherwise nice people behave so badly during divorce — badly enough to inadvertently interfere in the process — it is vital for divorce attorneys to have a grasp of the psychology of separation. A concerned and sensitive divorce attorney should understand how transitioning from being part of a couple complete with the emotional, social, and financial security that comes from being a part of a team to being single and self-reliant can create such emotional upheaval for their clients.

The metamorphosis from being part of a marital couple to becoming a single, unattached person is a series of developmental stages paralleling the early years of the mother-child bond, as described by pioneering researcher, Dr. Margaret Mahler. In her groundbreaking book The Psychological Birth of the Human Infant: Symbiosis and Individuation, Mahler outlines her model of child development, which one can directly apply to the interactive characteristics of a couple’s relationship.

The following brief description of Mahler’s theory on separation-individuation provides the framework for understanding the process through which a child must transition in order to achieve a separate identity from its mother. After exploring the mother-child dyad, we will look at how it serves as the foundation for the marital relationship and what happens when that relationship dissolves.

Child Developmental Stages

Mahler saw the infant as being born into a normal autistic phase whose primary task is to establish equilibrium outside the womb. At around two months old, the infant’s sensitivity to external stimulation increases, and he moves into the symbiotic phase. The term “symbiosis” in this context is a metaphor describing the “undifferentiation” — a fusion with the mother in which the “I” is not yet differentiated from the “not-I”. According to Mahler, it is the symbiotic phase that becomes the template for all gratification as well as empathy and love in future relationships.

At about five or six months, the differentiation phase begins, and the infant becomes more alert to his external surroundings — exploring both the mother and the environment. Using his body, the baby learns his outer physical boundaries, thereby experiencing greater differentiation from the mother. Soon thereafter, the practicing phase begins in which the child, according to Mahler, develops a “love affair” with the world, learning to crawl and walk away from the mother. Assuming she is comfortable with this leap of autonomy, the child will successfully enter the rapprochement phase, a difficult time when the child is more ambivalent about his growing independence and begins to manifest a lot of push-pull behavior. Finally, consolidation of individuality begins to take place, and all previous mother-child interactions become internalized and begin to form the basis of the child’s feelings of well being and capacity for healthy future relationships.

The Marital Couple’s Developmental Stages

Using Mahler’s early childhood developmental stages as a springboard, we can explore the evolution of a couple’s relationship.

One can liken the first stage of couplehood, that of being “madly in love”, to Mahler’s second stage of infant growth — symbiosis. The purpose of this stage is attachment. In this stage, singles begin merging lives and personalities and go through a period of intense bonding. If each person receives nurture from the other during this stage and the agreement to form a couple is clear, the relationship will begin with a solid foundation. The partners conceptualize their relationship in terms of a fusion model: together, we shall be one. They look to each other for completion and fulfillment.

During the subsequent differentiation stage, individual differences emerge, and each partner is taken down from the pedestal and viewed more objectively. Greater boundaries are established. Disillusion and disappointment are inevitable.

Continuing the parallel with Mahler’s model, the couple enters a normal period of practicing in which each participates in activities and relationships away from the other. Separateness, autonomy, and self become more important than developing the relationship. Conflicts intensify, and a healthy process for conflict resolution becomes necessary in order for the couple to maintain an emotional connection while developing themselves in the world. After each has developed a well-defined, competent identity, the couple alternates between periods of increased intimacy and efforts to reestablish independence. This rapprochement stage achieves a balance between “me” and “we”. Finally, the couple reaches a stage of mutual interdependence in which, ideally, two well-integrated people are individually and mutually satisfied.

Loss of Mate: The Psychology of Divorce

Inevitably, the early mother-child bond will fall short of perfectly meeting all of the child’s needs and desires. Looking to one’s spouse to meet these unfulfilled needs often becomes a convenient way to fill the gap in adulthood. Unconsciously, dependency is shifted from the parent to the mate, who becomes the recipient of these unmet needs.

While this may appear on the surface to be a reasonable solution, it is, in fact, fraught with real problems. Left unattended, these problems can lead the couple to serious conflict, even divorce.

Let’s look at a common marital dynamic. The typical couple starts off their partnership in the symbiotic phase, the fusion model, where they are both working toward oneness. What happens if one partner transitions into the differentiation or practicing phase and begins seeking greater independence, while the other remains in the symbiotic phase still yearning for the security of the marriage and locked in the maternal fantasy role? The result is likely to be a bumpy ride with one partner seeking closeness and the other distance, creating a kind of seesaw effect. With the help of a marriage counselor, some couples can remedy this imbalance. For others, the disparity is too difficult to change, and divorce becomes the only solution.

The depth with which marital partners touch each other in their intimate lives, striving to achieve a balance between closeness and distance, must be understood in order to grasp the severity of the loss through divorce. Losing a spouse who is perceived as a protector and savior, much the same way that a parent is perceived, can be a devastating and frightening blow. When attorneys understand divorce in the context of uprooting a deep psychological anchor from its mooring, the dramas that they see daily in their office are much easier to comprehend.

Conclusions

Most divorce attorneys understand that much of the time spent with clients centers on the clients’ emotional needs and personal problems resulting from their loss. Understanding how the separation process provides ample triggers for hurt, sadness, anger, and fear enables an attorney to prevent those emotions from throwing up roadblocks to progress and successful legal resolution.

In some respects, matrimonial lawyers face many of the same challenges that trained psychotherapists do, but without the benefit of training in how to manage these emotions. Although divorce lawyers do not need to be trained psychotherapists to represent their clients successfully, they need to do what they can to reduce conflict and promote a divorce environment that helps their client remain focused, calm, and goal-directed. An empathetic divorce attorney can see through the anger, greed, and grief and not allow it to impede a successful legal resolution.

A person beginning the divorce process often looks at issues through childish eyes, repeating the early behavior patterns described by Mahler and subconsciously subverting the divorce process. A divorce attorney who understands the psychological stages the client is experiencing can better promote adult behavior and provide quality legal resolution.

Since many, if not most, individuals in the midst of divorce will feel alone and frightened at some point, it can be difficult and sometimes nearly impossible for them to make rational decisions that are in their own best interests. Clients in this vulnerable state often become dependent on their divorce attorneys — looking for someone to “take care of everything”. It is vital that the divorce attorney resist the client’s misplaced dependency needs and feelings of helplessness. By involving them in the decision-making process, they will instead foster their independence.

Sound legal judgment, uncomplicated by the client’s emotions, will help minimize costly post-divorce conflicts. Armed with the knowledge that the client’s behavior is based in deeper emotional issues, a savvy divorce attorney can reduce exposure to ethical complaints as well as reduce his own stress levels.

Finally, if the pressure of dealing with the client’s emotional problems becomes too stressful, referring a client to a competent divorce counselor will benefit both the client and attorney. Coordinating the emotional divorce with the legal divorce is an excellent way of easing and shortening the divorce process.

About the Author

Deborah Hecker, Ph.D. is a divorce counselor. You can visit Dr. Deborah Hecker on the web at http://www.drdeborahhecker.com/ or by phone at 1.888.777.3585.



Thursday, December 4th, 2008

Five Keys to Help Children Thrive Through Divorce

No one plans to get divorced. But more than one million children in the U.S. will experience its affects this year alone. Divorce has become a reality in our culture and innocent children are coping with the consequences every day.

The good news is that divorce need not wound and scar your children if you put their emotional and psychological needs first when making crucial decisions. It’s misguided parents – angry, resentful, hurt and mistrusting – who unintentionally set their children up for painful outcomes. These parents don’t understand that every decision they make regarding their divorce will effect the well-being of their children in countless ways. The emotional scars are not only harder to see, they’re also much harder to erase.

Here are five keys to helping your children move through and thrive after divorce.

1) Remind them this is not their fault.

Children tend to blame themselves for divorce, no matter how bad Mom and Dad’s relationship has been. The younger the child, the more likely this is so. Sit down together and talk to your children, emphasizing that they are in no way at fault. You can say something like: “Mom and Dad don’t agree about certain key issues and that has created conflict. Even when some of the issues are about you, it does not mean you are to blame. You are an innocent child who we both love. Sadly, Mom and Dad disagree about certain important issues — but not about our love for you. You are not in any way at fault.”

2) Focus on change — not on blame.

Divorce is all about change within the family structure. Often those changes can be beneficial and create a more peaceful environment for your children. Never burden them with adult information and judgments. Focus instead on the fact that change is an inevitable part of life and not necessarily bad. Let your children see that everything in life keeps changing. “You grow bigger every year. Seasons change, clothing styles change, your school classes change. Sometimes it takes a while to get used to changes, like when you get a new teacher or try a new sport. In time you may come to like these new changes. Let’s give it a try.”
 

3) Respect your child’s other parent.

When you belittle, put down or in any way disrespect your ex – regardless how justified it may feel – it hurts your children in deep and long-lasting ways. Children innately love both their parents and feel a connection to them. When you insult their other parent it creates confusion, guilt, sadness, insecurity and low self-esteem in your children. Instead, remind them that Mom and Dad will always be their parents and will always love them. No one will replace Mom or Dad either. “We will both always love you and be there for you, no matter where we live or how things should change.” Then strive to do the right thing on their behalf.
4) Let your children continue to be children.

While it may sometimes be tempting, never confide adult content to your children. They are not psychologically prepared to handle the emotional complexity. Save venting for trusted friends, a divorce counselor or support group.  Also never ask your children to spy, act as messengers between both parents or provide inappropriate details about the other parent’s home life. Again, this pressure’s them in many ways – none of which are positive. It is not their place to assume adult responsibilities or help you to find evidence against your ex.
5) Make decisions through the eyes of your child.

Before making any decisions regarding divorce issues, think about the consequences for your children. Ask yourself, what will they say to me about this when they are grown adults? Will they thank me for the way I handled the divorce – or be angry and resentful about my attitude and behavior? The choices you make will affect your children for years and decades to come. For their sake, take the high road and be a role model they will want to emulate.
*    *    *    *

Rosalind Sedacca, CCT is the author of How Do I Tell the Kids about the Divorce? A Create-a-Storybook™ Guide to Preparing Your Children — with Love!  Her innovative approach guides parents in creating a personal family storybook, using fill-in-the-blank templates, family history and photos, as an effective way to break the news with optimum results. For more information, free articles, free ezine and other valuable resources visit http://www.childcentereddivorce.com.



Monday, December 1st, 2008

Pets Help Families Through Divorce: Here are Six Reasons Why

Can a pet be helpful to your children during a divorce and the transition after? In my opinion, without a doubt! If your family has one or more pets, let your children have access to them as much as they desire. There is a great emotional benefit to them and your children are fortunate that the pets they love can still be in their lives.

If you don’t already have a pet, I recommend getting one – but only if you are in a position to be responsible to that innocent animal during this time of additional stress in your life. If a family pet is out of the question, please consider giving your children time to play with the pets of friends and family. Take them to petting zoos. Allow them contact with other life forms that can give them joy at a time when they are likely experiencing stress and insecurity.

In the United States alone, close to 65%, or about 71 million households have pets. Statistics from the National Pet Owners Survey say 39% of these households own at least one dog and 34% one or more cats. This should come as no surprise since pets can be a blessing in the life of any human being at any age.

Here are six key benefits a pet provides for families coping with divorce:

1. Unconditional Love. It has been proven again and again that pets are a source of support and unconditional love for children. During and after divorce, when there is so much instability and insecurity in a child’s life, a beloved pet can be the bridge to sanity. While much around them may be changing, sweet Fluffy is still there to love them and be by their side. 

2. A Confidant. Children like to talk to their pets. For most children pets are a trusted friend in which they can confide and share their deepest fears. This is truly a gift to children and greatly helps with emotional resiliency. Pets are nonjudgmental. They listen attentively. They “understand,” And they always love you back. Isn’t that what your children need at a time like this?

3. Security. Pets have been shown to help children better cope with challenging times within a family including divorce, illness and death. They feel less alone and abandoned. The relationship with the pet provides a deep sense of security that can’t easily be duplicated. In early childhood a stuffed animal often serves much the same purpose. But kids rarely outgrow their bond with Fluffy, even when they mature into their teens.
 
4. Bridge to Adults. Pets can bridge the emotional and communication gap between adults and children – especially when Mom and Dad are preoccupied with so many other time-consuming details during and after a divorce. They are a valued part of the family, a source of calm as the family moves through the storm of post-divorce transition.

5. Stress Reduction. Medical studies have shown that pets are just as beneficial for adults. Walking and talking to your dog or petting your cat can actually lower blood pressure and cholesterol levels, not to mention overall stress. Pets also are a great source of laughter and joy, a reminder that there are other aspects of life that are still wonderful to experience.

6. Best Friend. Pets also provide unconditional love, nurturing and comfort to adults who greatly need it as they transition through the grief of divorce. They’re a best friend when you’re alone and an appreciative ear when you want to vent or shed tears.

Connecting to other life forms is also a wonderful way to get a perspective about our place in the universe and our responsibilities toward others. When life can feel life it’s crashing in around us it is valuable to remember we share this planet with other beings who depend on us for love, sustenance and nurturing as well.

*     *     *

Rosalind Sedacca, CCT is a relationship seminar facilitator and author of the new ebook, How Do I Tell the Kids …about the Divorce? A Create-a-Storybook Guide to Preparing Your Children — with Love. For her free articles, blog, valuable resources  on child-centered divorce or to subscribe to her free ezine, go to: www.childcentereddivorce.com.



Friday, November 28th, 2008

Calling all Collaborative Professionals…

We are in the process of building our resource bank of collaborative professional and worthy Blogs and Web Sites to promote our mission of divorcing without dishonor and keeping children out of adult conflicts. Please recommend appropriate resources so we can add them to our list of professionals. We welcome your comments.

All the best,

Mike Mastracci



Wednesday, November 26th, 2008

Divorce and Your Emotional Needs: What You Should Know to Survive Your Divorce

While a divorce can be one of the most traumatic events of an adult’s life, the keys to dealing with divorce can be found in the behavioral patterns of early childhood. Dr. Deb Hecker explores the similarities between developing oneself as a human being and redeveloping oneself as a newly single person. Understanding these similarities and how to better address the psychological issues of divorce can make the process easier and much less painful to endure.

Introduction

The transition from being part of a couple to being successfully divorced has as much to do with exercising emotional intelligence as it does legal intelligence. While a divorce attorney plays a vital role, some of the most difficult impasses in divorce are based upon unresolved emotional issues, not concerns over division of assets, property, or even custody issues. At these times, focusing solely on the facts or the content of the case simply cannot break the emotional stalemate.

Most of the literature on the psychology of divorce treats divorce as the death of a relationship and focuses on the necessity of grieving that death in order to move forward as a no-longer-married person. The end of a marriage can be as traumatic as the actual death of a loved one in its capacity to wrench life apart and carve out a piece of the soul. You may have experienced this emotional chasm which Abigail Trafford in her book Crazy Time, Surviving Divorce and Building a New Life refers to as “temporary insanity.”

In order to more fully understand why divorce is such a devastating transition and why otherwise nice people behave so badly during divorce — badly enough to inadvertently interfere in the process — it is crucial that you have a grasp of the psychology of separation. You should understand how transitioning from being part of a couple complete with the emotional, social, and financial security that comes from being a part of a team to being single and self-reliant can create such emotional upheaval.

The metamorphosis from being part of a marital couple to becoming a single, unattached person can best be described as a series of developmental stages paralleling the early years of the mother-child bond, as described by pioneering researcher, Dr. Margaret Mahler. In her groundbreaking book, The Psychological Birth of the Human Infant: Symbiosis and Individuation, Mahler outlines her model of child development which can be directly applied to the interactive characteristics of a couple’s relationship.

The following brief description of Mahler’s theory on separation-individuation provides the framework for understanding the process through which a child must transition in order to achieve a separate identity from its mother. After exploring the mother-child dyad, we will look at how it serves as the foundation for the marital relationship and what happens when that relationship dissolves.

Child Developmental Stages

Mahler saw the infant as being born into a normal autistic phase whose primary task is to establish equilibrium outside the womb. At around two months old, the infant’s sensitivity to external stimulation increases, and he moves into the symbiotic phase. The term “symbiosis” in this context is a metaphor describing the “undifferentiation” — a fusion with the mother in which the “I” is not yet differentiated from the “not-I”. According to Mahler, it is the symbiotic phase that becomes the template for all gratification, as well as empathy and love in future relationships.

At about five or six months, the differentiation phase begins, and the infant becomes more alert to his external surroundings — exploring both the mother and the environment. Using his body, the baby learns his outer physical boundaries, thereby experiencing greater differentiation from the mother. Soon thereafter, the practicing phase begins in which the child, according to Mahler, develops a “love affair” with the world, learning to crawl and walk away from the mother. Assuming she is comfortable with this leap of autonomy, the child will successfully enter the rapprochement phase, a difficult time when the child is more ambivalent about his growing independence and begins to manifest a lot of push-pull behavior. Finally, consolidation of individuality begins to take place and all previous mother-child interactions become internalized and begin to form the basis of the child’s feelings of well being and capacity for healthy future relationships.

The Marital Couple’s Developmental Stages

Using Mahler’s early-childhood developmental stages as a springboard, we can explore the evolution of a couple’s relationship.

The first stage of couplehood, that of being “madly in love,” can be likened to Mahler’s second stage of infant growth — symbiosis. The purpose of this stage is attachment. In this stage, singles begin merging lives and personalities and go through a period of intense bonding. If each person receives nurturance from the other during this stage and the agreement to form a couple is clear, the relationship will begin with a solid foundation. The partners conceptualize their relationship in terms of a fusion model; together, we shall be one. They look to each other for completion and fulfillment.

During the subsequent differentiation stage, individual differences emerge, and each partner is taken down from the pedestal and viewed more objectively. Greater boundaries are established. Disillusion and disappointment are inevitable.

Continuing the parallel with Mahler’s model, the couple enters a normal period of practicing in which each participates in activities and relationships away from the other. Separateness, autonomy, and self become more important than developing the relationship. Conflicts intensify, and a healthy process for conflict resolution becomes necessary in order for the couple to maintain an emotional connection while developing themselves in the world. After each has developed a well-defined, competent identity, the couple alternates between periods of increased intimacy and efforts to reestablish independence. This rapprochement stage achieves a balance between “me” and “we”. Finally, the couple reaches a stage of mutual interdependence where, ideally, two well-integrated people are individually and mutually satisfied.

Loss of Mate: The Psychology of Divorce

Inevitably, the early mother-child bond will fall short of perfectly meeting all of the child’s needs and desires. Looking to one’s spouse to meet these unfulfilled needs often becomes a convenient way to fill the gap in adulthood. Unconsciously, dependency is shifted from the parent to the mate who becomes the recipient of these unmet needs.

While this may appear on the surface to be a reasonable solution, it is, in fact, fraught with real problems. Left unattended, these problems can lead the couple to serious conflict, even divorce.

Let’s look at a common marital dynamic. The typical couple starts off their partnership in the symbiotic phase, the fusion model, where they are both working toward oneness. What happens if one partner transitions into the differentiation or practicing phase and begins seeking greater independence, while the other remains in the symbiotic phase, still yearning for the security of the marriage and locked in the maternal fantasy role? The result is likely to be a bumpy ride with one partner seeking closeness and the other distance, creating a kind of seesaw effect. With the help of a marriage counselor, some couples can remedy this imbalance. For others, the disparity is too difficult to change, and divorce becomes the only solution.

The depth with which marital partners touch each other in their intimate lives, striving to achieve a balance between closeness and distance, must be understood in order to grasp the severity of the loss through divorce. Losing a spouse who is perceived as a protector and savior, much the same way that a parent is perceived, can be a devastating and frightening blow. When you understand divorce in the context of uprooting a deep psychological anchor from its mooring, the dramas that attend the process are much easier to comprehend.

Conclusions

Since many, if not most, individuals in the midst of divorce will find themselves feeling alone and frightened at some point, it can be very difficult and sometimes nearly impossible for them to make rational decisions that are in their own best interest. People in this vulnerable state often become dependent on their divorce attorney — looking for someone to “take care of everything” and promise them a better life.

Fearing for your emotional survival, you may see the world through childish eyes, repeating the early behavior patterns described by Mahler. Instead of assuming that your attorney has all the answers, which he does not, you need to actively flex your independence muscles and collaborate with your attorney in constructing your future. Remember, it is your life.

In many divorces much of the time spent on the process revolves not on your legal needs but on your emotional needs resulting from the loss of your marriage. Understanding how the separation process provides ample triggers for hurt, sadness, anger and fear will help you avoid having those emotions throw up roadblocks to progress and interfere with successful legal resolution.

In some respects, matrimonial lawyers face many of the same challenges that trained psychotherapists do, but without the benefit of training in how to manage these emotions. While it is important for you to seek out a divorce attorney who can empathize with the multiple losses you are experiencing and can listen to your personal pain, it is critical that you assume responsibility for recovering from the emotional stress of your separation.

If you are overwhelmed by your feelings and find that they are affecting your ability to deal with the legal issues of divorce, it may be time to seek professional counseling. A counselor who specializes in separation and loss can help you to minimize the potentially destructive impact your emotions can have on the legal process as well as facilitate your acceptance of the divorce and your adjustment to life as an unmarried person. You must think beyond the immediate issues and work to ensure your emotional health both during and after the divorce. It’s too important to leave to chance.

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About the Author

Deborah Hecker Ph.D. is a licensed divorce counselor. You can visit Dr. Deborah Hecker on the web at http://www.drdeborahhecker.com/ or by phone at 1.888.777.3585.



Friday, November 21st, 2008

The Collaborative Paradox

The Collaborative Divorce model requires a commitment on the part of the divorcing couple to work together honestly and with integrity. This article will explore how, within the framework of the collaborative model, divorcing couples must work together in order to live apart.

As a team, the primary tasks of the divorcing couple are to resolve shared problems involving custody and parenting, child support and alimony, marital property, and other practical matters. As individuals, each member of the divorcing couple has a responsibility to build a separate identity as a non-married person.

How can pain, disenchantment, and alienation — all normal feelings resulting from divorce — be reconciled with understanding and respecting each others’ needs? Is it possible for these seemingly paradoxical tasks to be integrated? To accomplish this and to attain a “successful divorce”, there are two parallel tasks to complete — reinventing oneself as a single person (“I”) and maintaining a form of partnership (“we”) to create long-term solutions. This article presents effective techniques for resolving these seemingly contradictory goals.

The Collaborative Model

Collaborative practice offers tremendous benefits for divorcing couples. A core element of the collaborative model is the goal of creating solutions that take into account the highest priorities of both parties and their children. Identifying shared goals and legitimate interests (i.e. needs, concerns, values, and objectives) of both parties, and finding resolutions that will meet the interests of all involved, is a hallmark of the collaborative practice approach.

In traditional litigation-based models of family law, the emotional turmoil couples experience during the separation process is frequently exacerbated by the adversarial nature of the court process. This exacerbation increases the distress and mistrust between the separating couple, breaks down their ability to communicate effectively with one another, and destroys any residual trust the couple may have had. Consequently, it becomes more difficult for the parties to resolve issues. The collaborative model provides divorcing couples with the support and guidance needed to move through the process in a more amicable manner.

While the collaborative process centers on a discovery of personal needs and interests, and how these can be met by each spouse, it is important to remember that conflict is inevitable for nearly all divorcing couples. Indeed, people who are seeking a divorce are experiencing higher than normal levels of conflict. Each spouse has their own version of the breakup and selectively glosses over and highlights those aspects which reinforce their perspective. The collaborative practice gives spouses the help they need to build a story that both can accept, allowing for a smoother resolution and easier transition to single life.

The Psychological Stages of Divorce

It is never easy to end a marriage, and everyone who goes through a divorce will experience an emotional transition. Often, the emotional upheaval of separation and divorce is the primary catalyst leading to a long, drawn-out legal process.

While it may appear that the erratic and emotional behavior occurring during the divorce process is random in nature, many psychologists theorize that there are specific and predictable stages that occur during the divorce process. The combined stages generally take an average of three years to complete and may occur in a specific order or may, in some cases, overlap. Spouses are often at different stages as they progress through the divorce process. The following stages may vary if the divorce is mutual.

Stage 1: Shock and Blame. The individual who initiates the divorce blames the spouse for all of the problems in his or her life. The initiator generally experiences the first stage of divorce while still living with the spouse. Initiators are frequently unhappy for some time and need relief from the stressful marriage. Although there is often a measure of relief, they may also experience guilt, fear, anger, and depression in response to the decision to divorce. The non-initiator, on the other hand, begins the first stage after learning of the spouse’s intent to divorce or after the couple has physically separated. It is at this point that they may develop a negative self-image, appear sad much of the time, become depressed, and experience a profound sense of being shell-shocked. Tending to the children’s needs at this time is very difficult.

Stage 2: Mourning the Loss. This stage is about acknowledging the end of the relationship. It is a time when grief can feel overwhelming. People often become self-pitying as, in their eyes, the future appears hopeless and meaningless. Individuals are intensely preoccupied with their own feelings and unable to concentrate on the real world. The identity and role of spouse is lost, and with that loss comes a feeling of grief no less intense than grieving the actual death of a partner. Often, spouses experience fear that they will never recover and the grief will never end. Diminished parenting may continue. Some parents may hold onto a child in an attempt to recapture the separated spouse. Others may behave in a rejecting manner to their child because of perceived similarities between the child and the spouse.

Stage 3: Anger. Though anger is experienced at almost every stage of the divorce transition, it is now the dominant trait. More often than not, the anger, which may have righteous quality to it, is most often directed toward the spouse. “No fault” divorce does not seem to alleviate the need to blame the other party as the one responsible for the dissolution. The need to perceive one spouse as the “bad” individual and the other as the “wronged” spouse continues. Interestingly, during this time the individual’s energy levels often increase and function to propel the process forward.

Stage 4: Being Single. This is the stage which begins after the initial separation when the terror of living alone and mourning the death of the marriage have run its course. It is the time when one begins to enrich their new life as a single person with new friends, new experiences, and new job challenges. Individuals begin to seek experiences that are not related to and do not involve their former spouses. These experiences are of paramount importance in reinforcing their own sense of self-worth as a separate individual. A commitment to the future and individual development of the self in the absence of the other partner are the primary characteristics of Stage 4.

Stage 5: Re-entry. A new level of stability is now achieved. Individuals regain the feeling of control over their own lives. Long-term plans and commitments can now be made.

The Development of Independence

Readiness to live life without one’s partner requires more than a geographical separation. Achieving psychological independence from the marriage and the former spouse is a critical task for the newly divorced. Individuals must prove to themselves that they are a person who can survive physically and emotionally as a single person instead of as part of a couple. That means validating the fact that one is a person of value and worth in one’s own right, not only as part of a couple. Divorce is much more than the legal piece of paper. It is predominately a psychological process of self-renewal.

In a marriage, couples have shared the deepest part of themselves with each other, traversed the joy and adversities of life together, and loved one another before the love died. It should come as no surprise that ending this set of experiences can be temporarily destabilizing. Often, people only discover the enormous extent to which marriage has defined their personal identity when they are confronted with being on their own.

As a no-longer or soon-to-be unmarried person, the time has come to grow up and take responsibility for one’s life. It means confronting one’s dependencies and fears. The newly divorced must give up blaming the former spouse for their lot in life. It takes enormous courage to admit that what was wrong with the marriage was, at least in part, also wrong with themselves.

When they were a married couple, there was a kind of fusion that took place in the relationship, i.e. the model of “togetherness”, that together the two will be whole, prevailed. The focus was on the “we”. However, from the perspective of the newly divorced or divorcing, the fusion model is no longer applicable. It must be replaced with a model that requires each person to take on responsibility for their own well being. One plus one no longer equals one (“we”). It equals three — two separate beings (“I”) whose relationship forms a third entity, requiring them to stretch beyond themselves for the sake of redefining their post-divorce partnership.

The Need for a Constructive Mode of Resolving Conflict and Developing Independence

Constructive modes of resolving conflict are thus necessary to assist the couple to think of their relationship in new ways, to feel differently about each other, and to act differently toward one another without jeopardizing their own sense of identity.

The act of balancing one’s obligations to one’s spouse as well as and the obligations to oneself during a Collaborative Divorce process is admittedly difficult. Being stranded between the worlds of togetherness and separateness, sometimes acting as friends and sometimes strangers, brings nothing but confusion to the individuals involved.

Divorcing couples face competing needs to simultaneously establish themselves as independent of each other and work collaboratively, as a team, throughout the divorce process. They must work through strong feelings of anger, frustration, and fear, all of which will inevitably result in interpersonal conflict. If not managed properly, the couple’s capacity to work cooperatively toward post-divorce resolutions for themselves and their children will be diminished.

Each spouse leaves the marriage with his or her own version of what went wrong. Sins of omission — failure to communicate, failure to contribute one’s share, failure to be affectionate and supportive — are cataloged and hurled in the other’s direction. Divorcing couples attack each other mercilessly, deny their own responsibility for the failure of the marriage, heap blame on the other, and then use all their ammunition to argue that the “guilty” party must assume a disproportionate share of the burden.

To the individual, these emotions are very real and therefore must be acknowledged. They cannot be dismissed. Nor, however, can they be mismanaged. If they are negated or not appropriately addressed, the collaborative process will fail.

When people feel unfairly judged or falsely blamed, their own identity and self-esteem are challenged. They feel victimized and shift their focus to saving face and refusing to accept blame. Communication then shifts away from the actual issues in conflict to the secondary issue of how others will see them in this process. They need to be seen, both to themselves and the world, as a certain kind of person. (“It wasn’t me who was not a loving partner. I treated you well. It was you who withdrew affection.”)

Saving face is very closely linked to defensiveness. Defensiveness is simply a way of protecting one’s self-image from those who are challenging that image. Simply put, defensiveness is behavior to protect oneself from a perceived threat or attack. When one spouse makes a judgmental statement toward the other, it will threaten their spouse’s self-perception. If the two perceptions are incongruent, the defensive person may be inclined to justify, deny or attack.

When spouses become defensive, they often will respond in one of two unproductive ways: passively, by shutting down or withdrawing, or aggressively, by verbally attacking, judging, or blaming their spouse. From a communication perspective, defensiveness results from how people talk to each other. Those on the defensive often feel confused and profoundly misunderstood. They cannot empathize with or understand another point of view that differs from theirs and are often unwilling to take in new information.

Defensive behavior from either party hampers communication, preventing productive dialog and better understanding from taking place. These behaviors need to be addressed so that communication can be refocused.

Constructive Modes of Resolving Conflict

By shifting communication to a more constructive mode, greater understanding and successful conflict resolution are more likely to occur.

The following list describes some intervention strategies that a collaborative professional may use to address defensiveness so that understanding and productive communication between the couple can be restored:

1. Help each person to acknowledge or empathize with the defensive spouse’s point of view with the intention of helping them feel heard.

2. Refocus the discussion to a less conflicted topic.

3. Point out the defensive behavior as soon as it happens.

4. Balance the power between the spouses.

5. Describe the process as the professional sees behaviors happen.

6. Probe to clarify what motivates the defensiveness.

7. Help the couple to recognize and understand their own emotions as well as their spouses’.

8. Encourage the couple to talk about their feelings so they can be dealt with directly.

9. Remind the couple that all feelings should be expressed in a non-confrontational way.

10. Help each person to acknowledge the other’s feelings as legitimate. Although they may feel differently about a situation, both sets of feelings are real. Denying either spouse’s feelings is likely to intensify those feelings. Encouraging feelings to be expressed allows the couple to return to the substantive issues in dispute so that they can be resolved.

Conclusions

The collaborative model requires that the divorcing spouses work toward a resolution that meets both sets of needs. It means reframing their relationship so that despite the conflicts that may exist between them, they function as mutually respectful working partners, not adversaries.

In order for this to occur, the divorcing individuals must acknowledge the paradox that calls for them to be unified in a new partnership while simultaneously moving forward toward a greater separateness between them. Each needs to take responsibility for his or her own well being while still being responsive to the other. Developing an ability to assert their own feelings and needs while maintaining a genuine caring for their soon-to-be former spouse is a difficult challenge, but one that must be met.

For the collaborative model to work effectively, individuals must replace the need for confirmation from a spouse with the ability to accept differences. Where there was once sameness, now there is otherness — a difficult adjustment for most people to make. The successful divorcing couple will develop the ability to take responsibility for themselves and the courage to validate the reality of the other.

When conflict and defensiveness arise between the couple and interfere with collaborative functioning, various interventions can be used to help the couple learn to more directly assert themselves and clear the way for caring attention to the other. The collaborative professional will guide couples through the process and help them learn to assert themselves individually while still maintaining a caring attention to the other.

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From the Author

During the throes of coming to grips with my own divorce and reinventing myself, I fell down countless times. Each time that I found the courage to get up, I gained wisdom that propelled me forward. In addition, I spent numerous hours researching the literature on divorce, and in so doing, I developed a solid grasp of the psychology of the separation process. I’m savvy about what a person has to go through to make it to the other side; that’s how I successfully help other people transition today.

Now I run a nationwide phone-counseling service for divorce recovery. With three decades of private psychotherapy experience, my divorce counseling has helped hundreds of people face their challenges and build successful lives. My practice has been profiled in The Washington Post and Harper’s Bazaar as well as on TV and radio.

With my training in mediation and Collaborative Divorce as well as psychology, I use an interdisciplinary approach. Attorneys and therapists have the same helping goal, but they speak different languages. Divorce lawyers can be aggressive, but clients’ aggression may cause poor legal judgment. I move between legal and psychological perspectives to make them more compatible.

It is my goal to make certain that you avoid some of the pitfalls and danger signals that I overlooked with my former personal confusion. Indeed, it is precisely because of my personal pain and my professional knowledge that I am confident I can help you face your fears and become a more self-determining person.

You can visit Dr. Deborah Hecker on the web at http://www.drdeborahhecker.com/ or by phone at 1.888.777.3585.