Archive for the ‘Emotions During Divorce’ Category

How Will My Children Feel and React?

Thursday, April 29th, 2010

Your child’s initial reaction is most likely to be denial mixed with tears and fears. Common responses include “How can you let this happen?”, “How could you do this to me?”, and “Isn’t there something you can do to be happier together?”  Younger children tend to deny, refusing to believe what they are being told. It is not uncommon for a young child to seemingly accept the divorce easily, without adverse reaction. The child may be young enough not to understand what it means, and this could work in their favor. Some young children will have questions and concerns that surface after a brief time. Others may not have concerns until they are older. Leave the door open for discussion, and monitor your child’s behavior carefully. If there is no reaction at the present time, so be it. Wallerstein reports that some young children adapt to divorce over time better than older children, since their limited understanding and experience with life prior to the divorce buffers them from some of the intense negative responses.

Older children cry and beg their parents not to split up. Many children are shocked, saying they had no idea the divorce was coming. Others say they are not surprised because Mom and Dad were fighting so much prior to the announcement. Whether or not they suspected does not seem to ease the way. It just allows kids to outwardly cope better, at least at first. Click here for a great article on children’s reactions to divorce. 

When the shock wears off, it is usually followed by fear, anger and grief. Even when one parent was abusive, drinking too much, or not home enough, most children want the marriage to work out. As the feeling of loss sets in, children become anxious about what will become of them and, sometimes, they worry about the parent they perceive to be more vulnerable. Loneliness is pervasive among children in divorce situations because the parents they always turned to are no longer neutral about anything.  If parents do not actively encourage their kids to talk about their experience, the children may try to protect parents from feelings which they perceive to be an additional burden for the parent. They figure the parent has enough upset of their own. Click here for an article on helping your children cope.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Using Children as Pawns

Tuesday, April 27th, 2010

Using children as allies and pawns during separation and divorce is all too common. Parents who are feeling hurt, angry, or bitter, may want to tell the child intimate details about why the marriage broke down, to persuade the child to think and feel like they do. It is very reassuring to have your child agree with you and become furious at the other parent. It also is a way to cope with your jealousy and desire for revenge.  Parents may thus coax a child through questions to spy on the other parent, to tell them stories about the activities and behavior of the other parent.  There have even been cases when a parent will feign illnesses, or adopt psychological problems, in order to obtain the children’s loyalty against the other parent.  There have also been cases where a parent will tell a child that the other parent does not really love him or want to be with him, but will want to see him a lot to hurt the caretaking parent. This hurts your child far more than it does the other parent. Click here for an article about children being used as pawns in divorce.  

Children often feel loyalty to both parents, and they quickly pick up on what each parent wants to hear. As a result, they tell both sides some version of what they want to hear, sometimes elaborating on events, exaggerating comments, or altering the tone of the parent’s response, and thereby increasing the conflict between the parents.  Using children as allies and pawns only confuses them. Researcher Janet Johnston has shown that such behavior has long-lasting, damaging effects on the children’s future development.  Remember, it is you, not the children, who is divorcing. Don’t expect them to get divorced, too. In most situations it is not healthy for them to reject the other parent, expelling him or her from their life, even if you are doing so. Click here for another terrific article on this topic.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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What to Expect When You Separate

Wednesday, April 14th, 2010

The family that your children have known is about to undergo tremendous change.  Divorce research has shown that children are rarely informed about their parents’ pending separation and divorce prior to its occurrence. The younger the children, the less chance that they were told in advance about the divorce.  Click here for a terrific article on getting your children through your divorce.

Parents’ reasons for not informing their children are well intentioned. They are anxious and afraid themselves, and they have difficulty figuring out when and what to say.  Some parents fear burdening their children if they say too much. Others are concerned that their children won’t understand the reasons, and that the information will add to their hurt unnecessarily. Sometimes parents wait until the time seems right, and then events gather momentum, and the opportunity has slipped away. All of these reasons that parents wait to tell their children are understandable, but they are not helpful. Your children need to know. In fact, it will make the divorce more predictable to them, which will facilitate their healthy adaptation.

How Do We Tell the Children?

The first step in informing your children about the separation and divorce is for you and your spouse to sit down and talk about it by yourselves. Decide if you are definite about separating; it is not helpful for your children to hear that you might do this. Once you have reached a decision, make an agreement about where the children will live and what kind of parenting plan your spouse and you will implement, at least on a temporary basis. You are then ready to speak to the children about your decisions.

A family meeting is a good forum to tell your children about your decisions. There are several advantages for your children if both of you can tell them together of your plans.  Children will see that you intend to cooperate and work together as parents.  It gives the messages that although this is a painful turn of events, we will deal with it together. Also, we can talk about it. The invitation exists to talk about undesirable subjects. By logical extension, feelings and actions of all kinds are acceptable fodder for discussion. Most of all, your actions show the children that you, as parents, are in charge and will continue to care together for them.

The first thing to tell the children is that you will be divorcing. You may want to say: “We have been unhappy for a long time because we fight so much.  We have tried very hard to get along better and to work things out, but we have decided it is necessary to live apart. It is our best chance of preserving our friendship. We have decided to separate. We have decided that Mom/Dad will move out.” Click here for an article on how to tell your children about your divorce. 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Preparing Myself and My Children

Monday, April 12th, 2010

The family that your children have known is about to undergo tremendous change.  Divorce research has shown that children are rarely informed about their parents’ pending separation and divorce prior to its occurrence. The younger the children, the less chance that they were told in advance about the divorce.

Parents’ reasons for not informing their children are well intentioned. They are anxious and afraid themselves, and they have difficulty figuring out when and what to say.  Some parents fear burdening their children if they say too much. Others are concerned that their children won’t understand the reasons, and that the information will add to their hurt unnecessarily. Sometimes parents wait until the time seems right, and then events gather momentum, and the opportunity has slipped away. All of these reasons that parents wait to tell their children are understandable, but they are not helpful. Your children need to know. In fact, it will make the divorce more predictable to them, which will facilitate their healthy adaptation. Click here for an article on preparing children for divorce.

How Do We Tell the Children?

The first step in informing your children about the separation and divorce is for you and your spouse to sit down and talk about it by yourselves. Decide if you are definite about separating; it is not helpful for your children to hear that you might do this. Once you have reached a decision, make an agreement about where the children will live and what kind of parenting plan your spouse and you will implement, at least on a temporary basis. You are then ready to speak to the children about your decisions.

A family meeting is a good forum to tell your children about your decisions. There are several advantages for your children if both of you can tell them together of your plans.  Children will see that you intend to cooperate and work together as parents.  It gives the messages that although this is a painful turn of events, we will deal with it together. Also, we can talk about it. The invitation exists to talk about undesirable subjects. By logical extension, feelings and actions of all kinds are acceptable fodder for discussion. Most of all, your actions show the children that you, as parents, are in charge and will continue to care together for them.

The first thing to tell the children is that you will be divorcing. You may want to say: “We have been unhappy for a long time because we fight so much.  We have tried very hard to get along better and to work things out, but we have decided it is necessary to live apart. It is our best chance of preserving our friendship. We have decided to separate. We have decided that Mom/Dad will move out.” Click here for more information about telling your children about divorce.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Personal Assessment: Going to Trial

Thursday, April 8th, 2010

Is a trial really needed to resolve these issues? Is there nothing left to give in on? If so, then I have prepared myself thoroughly by orchestrating the best evidence, and the fullest documentation, in my power. Click here for an article on what to do 100 days before your trial. Have I selected the most appropriate witnesses for my case? Are they people who are interested in helping me or my children because they believe in me, rather than because they are friendly with me?  I have found people whose opinions are based on experience with me and/or my spouse, and who do not have an axe of their own to grind.

Am I being as truthful and straightforward as possible? If my spouse is not, how am I dealing with it? I hope I am not becoming consumed with revenge or proving the truth. I am keeping my eye on the big picture, and I am taking steps to end my spouse’s ability to distort facts about me by separating our lives in as civilized way as possible.

Am I being motivated by fear? How is it affecting my behavior, in and out of court? I am taking the time to understand my fears, and to put them into proper perspective. I am acting out of a position of strength, not fear. Click here for an article on overcoming the fears of divorce.  

 Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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When Fear of Losing Clouds Your Judgment

Monday, April 5th, 2010

Marvin recognized that he was being inflammatory. Every time he entered the therapy office with his wife, he would begin by saying, “I don’t want to be here and work on this, I just want to hurt her for her infidelity to me. I want her to pay for all the pain she has caused me. And I know just what to say that will make her crazy when we are close to settling our problems. I know that’s not productive, but I can’t help myself. Why should I make her life any happier? I am afraid she’ll just find someone new and I’ll be stuck with all the heartache.” Click here to read five keys to overcoming fear.

Marvin didn’t realize how much he was losing until the divorce process got too far underway to turn back. Many times during this middle phase of divorce the leaver is struck with how much she or he is losing, having focused previously only on what would be gained by divorce. By the time Marvin’s wife began to reconsider whether or not she wanted the divorce, Marvin had been so hurtful toward her that she no longer considered reconciliation an option.  Whether you are the leaver or the left, the amount of  loss in divorce becomes tangible – changes in residence, neighborhood, friends, family, economics, routines, traditions, identity (being known as “so and so’s spouse”), dreams, a future that is predictable in some respects. The post divorce realities fill one with a sense of dread, of fears that all humans experience – of being lonely, not having enough money, making decisions without input, dating, being single in a world too often oriented to couples and two parent families.

Couples who go to trial are more likely to experience multiple losses and the fears that accompany them. Yet it is these fears that often underlie the interactions that lead couples down the path toward a legal battle. Mothers fight to have their children stay only in one home during all school days, not only out of concern for the child, but because the house is so quiet without them that it engenders panic about not knowing exactly what her child is doing. They experience the emptiness of missing the bedtime story and the predictable fight to turn out the light. Fathers fight to have more weekend time, even when their children say they need the time with their friends, because the feeling that their parental role has slipped away prevents them from giving in on this point. For these fathers, the last thing they wanted was to be a Dad whose child doesn’t want to be with him, but they can’t find another solution without fear of losing their chance to affect their child’s development in a significant way.

These fears can result in failure to find an arrangement with which everyone can live comfortably. Instead, you stick stubbornly to your ground, making up excuse after excuse not to reach an acceptable resolution. Click here for an entire website about dealing with fear  

Be honest with yourself about your fears, write them down, and then face them. Walk through the legal walls you have been hiding behind. Your judgment will suddenly improve, and you’ll recall what it feels like to see the first ray of sun after a summer storm.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Holding Your Ground without Conflict

Monday, March 29th, 2010

The fear of losing one’s property or children becomes a central motivator to fight back, the way an animal strikes out blindly when it senses its personal or familial security is threatened.    As the conflict increases, each person becomes more certain that they cannot trust the other, and therefore must turn to an outside party to police their interactions. The legal system is brought in for its protective functions. However, this view of the legal system stems from its functions in a criminal situation. In the civil realm, the court has few protections that it can enforce. It may be able to stop spouses from being violent or stealing property from each other. But it is a slow and cumbersome process, and often it does too little too late to be of assistance. The threat of the court’s authority keeps people afraid. They fear that their spouse will somehow prevail, they will succeed in unleashing their wrath legally, and the power of the court will be used to condone it. Click here for some excellent conflict management techniques.

If it is early enough in the conflict, you can stop this cycle by refusing to engage. Don’t fight back. Click here for a great article about walking away from conflict.   Hold your ground but do what you can not to inflame your spouse. Make small concessions, and bend over backwards not to fight. It means turning the other cheek and letting the other person have their way, but having the fighting stop will work to your advantage later. If you are already fighting over issues you cannot concede to, like sole custody of your child, then you must use the legal process but be sure to work with an attorney who understands your important bottom lines and what is worth fighting for, rather than an attorney who’s interested in supporting the fight.  Sometimes an attorney is well meaning, and encourages you to fight because he or she agrees you have been wronged. Such support does not always work to your advantage, despite the best of intentions. Your attorney should help you decide what not to fight about, as well. 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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What am I Likely to be Feeling During the Trial?

Wednesday, March 24th, 2010

There are often wild emotional dips and turns pulsating throughout the trial process. Spouses act increasingly outrageous, upping the ante associated with settlement until realistic strategies have been replaced by tantrums, aggressions, and shutting down that looks like the movie The War of the Roses. Both spouses feel the other is a stranger and a caricature of his or her worst qualities. Many times people can barely recognize themselves, let alone their spouse. People will say they want to stop the fighting, yet they can’t get off the wild flight they are on. It seems to pick up speed until they are acting on automatic pilot. There is a commonly described “out-of-body” sensation that goes along with a traumatic experience. It is as if you are outside of your own body and life, watching yourself act and react, yet feeling powerless to control yourself. For some wonderful podcasts about aspects of divorce, click here.  

If you are in this position, it helps to look at some of the underlying motivations for such behavior.

My Own Behavior is Dreadful, but I am Afraid Not to Keep Fighting

Jennie entered her therapist’s office and said, “I know I’m being a total wretch, and I can’t stand myself. I look in the mirror sometimes and think, ‘Who are you?’ I know I am fighting about every little thing, making it impossible not to drag this all out in trial. I have been prepping all of our friends and any one I can to take my side, I feel like a politician banging on doors saying ‘vote for me’.” The real problem for Jennie was that she couldn’t trust her husband Ben not to lie and change his story. She was afraid that if she acted civilly he would use it to get more money and more time with the kids, and to leave her with nothing. She knows he’s angry because she initiated the divorce, and she’s not sure how far he’ll go to punish her. Since she also feels guilty about the situation, she feels like she has to defend herself, including justifying all of her actions.

However, Ben was feeling very similarly. The more Jennie acted crazy and furious, the more he thought that if she was willing to get a divorce so suddenly, who knows what else she is capable of? The lack of trust that accompanies many divorces spirals into believing that everything your spouse is doing is aimed to make you mad or hurt. Often the other person sees the same picture very differently. Both spouses are locked into a blaming cycle that escalates using the legal system as the battleground. Click here for an article on how you can trust again after a divorce.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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What if My Spouse is Lying?

Monday, March 22nd, 2010

If you know that your spouse is lying, inform your lawyer.  You are not permitted to talk during the trial while someone else is testifying, so write down anything that your spouse (or anyone else) says that is not true.  If it’s urgent, slide the paper over to your lawyer so he or she can read it immediately. If it can wait, talk to your lawyer during a court break. Never allow yourself to have an emotional outburst while court is in session.

Immediately think about what you or someone else knows that will prove that your spouse is lying.  If there is a document already in evidence which proves that your spouse is lying, then so much the better. Your lawyer can bring it to the attention of the court.  If the court decides your spouse is lying, his or her entire case will be undermined, even if the lie is about a small issue. Click here for an article about spouses lying during divorce cases.

Sometimes the lie is about such a small issue that it isn’t worth bringing up to the court or the judge. Sometimes what you perceive as a “lie” is just a different person’s interpretation of the facts.  On the other hand, if your spouse says, “I never took money out of the account” and you have canceled checks from the account showing he or she withdrew $2,000 two days before filing divorce papers, this needs to come to the court’s attention. You and your lawyer can decide together what is worthwhile to pursue, and what is best let go.

Why your spouse’s lie feels so horrible and how to react

Because so much is on the line at trial, when your spouse lies it inflames your sense of injustice. This person is taking you and your life apart, and then trying to lie, putting money above a relationship to you or your children. It reminds you of all the unfairness in the relationship, all the broken promises and smashed dreams. You are especially angry if  you know that your spouse  is capable of being a more decent person when less self-interested.  It is infuriating to have someone get away with an injustice in the forum that is supposed to protect people and see through the deceit. You long for the court to see through your spouse’s manipulations; can’t somebody see what he or she does when it is so obvious?! Whether or not the court can tell that this is a lie, such behavior will likely resurface many times again. You must accept that others may not be able to see your ex as you do, and that you may never get justice. Let it remind you that this is why you are divorcing and it is more important to minimize future interactions with this person than to prove something here. Let it reinforce that you are fighting to separate your lives, not to punish each other. For some information about how to get support when things are tough, click here.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Giving Your Testimony

Tuesday, March 9th, 2010

If the reasons that the marriage broke down may influence alimony or property division in your case (each state’s law is different), you will need to describe these reasons clearly and succinctly.  That is not to say that you should do this in an unemotional fashion; however, you need to be focused and to the point.

How to minimize nervousness

After preparing for this day for so long, you will feel very nervous, even queasy on the day(s) of trial. Preparation helps reduce anxiety. Have your story clear, know what is important, and practice separating out the emotion you feel from the facts you wish to convey. Tell the judge about the situation, not how you have been wronged. The story will speak for itself. Practice in the mirror the night before if it helps you to feel prepared. Have a friend or family member ask you questions you think the judge might ask. In court, have a trusted supporter sitting in the courtroom, and keep your eyes on that person. Try not to look at your ex-spouse. If it works for you, wear a good luck charm. Click here for an article on minimizing anxiety during your trial.

Other Fact Witnesses

In addition to your own testimony, you will need to decide who you would like to assist you with your case. Get together a list of the names, addresses, and telephone numbers of each possible witness along with a short summary of what information the witness would contribute. Speak with them to find out if they are willing to come to court to testify if necessary, and ask the witnesses if they would speak with your lawyer in advance of the case. 

When custody matters are at issue, you may need witnesses as personal references for what kind of a parent you are, how you discipline or treat your children on a day to day basis, whether or not you attended parent/teacher conferences, and other parenting issues. Witnesses may include the children’s teachers, doctors, therapists, the parents of playmates, or your neighbors.  Typically the best custody witnesses are people to whom you are not related, and with whom you did not have a particular friendship. A good example is the teacher who saw you coming to nursery school every single day to drive your child, and observed you interacting with your child.

Unless your character has been called into serious question, character witnesses like those seen on TV trials won’t be necessary.  The judge will assume that your friends will say nice things about you. If a private investigator has been involved, he or she may also be a fact witness. Typical evidence introduced through an investigator includes your spouse’s driving record, criminal record, and related damaging evidence. Click here for more information about what you can expect.

Typically, the lawyer will call witnesses in advance of the trial and let them know what they can expect to be asked on the stand.  The lawyer may even practice asking and answering the questions with the witness, which helps evaluate whether your proposed witness would be helpful in court.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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