A divorce case involves people in crisis who are undergoing a great deal of
stress. Their perceptions of reality are often
distorted since their uniquely personal view of "reality" is filtered
through the emotional lenses of anger, fear, and hurt.
We encourage the client
to discuss the problems in the relationship that caused the marriage to break
down. We gather information about the history of the
relationship to help assess the anticipated future needs of the client. Sometimes after
an initial conference, we may recommend marriage counseling for a client. Even
when marital therapy is not appropriate,
we may encourage our client to seek divorce counseling
to help him or her work through
this chaotic time.
It is important to remember that each party views the current crisis from an intensely personal perspective. Moreover, the
parties often limit their thoughts about the "crisis relationship"
to the
present, rather than considering the history and the
future of the relationship. We help you see the "crisis relationship"
from a less emotional perspective, so you will be better able to assess your
options and analyze the impact of current decisions on the future. When children
are involved, you must understand that divorce does not end the relationship
with the children’s other parent, it merely requires a re-defining of that
relationship. Thus, the current crisis is a mere "snapshot" of the
relationship frozen in time, and the future relationship will change depending on how
each party decides to handle this crisis. Essentially, a divorce involves the
restructuring of the relationship.
In order to restructure the relationship, the parties must go
through a process of letting go of the old relationship. We call this the
process of
"Uncoupling." Each stage in the uncoupling process has emotional
components for the parties to handle which may put them on emotional
roller-coasters. Virtually every person who goes
through a divorce passes through these emotional stages in the divorce process of
"uncoupling" in their marriage. Unfortunately, the two parties
are seldom focused on the same aspect of the uncoupling process at the same
time. We encourage our clients to understand what is happening so they can
find ways to deal with the emotional roller-coaster. We also encourage our
clients to understand that their "soon-to-be-ex" spouses are also experiencing
the stress of the uncoupling process.
THE PSYCHOLOGICAL UNCOUPLING -
At some point, each party comes to the realization that
the marriage is over. This includes the decision of the "leaver" to leave, and
the acceptance by the person who is "left" that the marriage cannot be saved. It can
occur weeks, months, or even years before the physical separation. It is
characterized by an emotional distancing from the other party. During this stage
of the uncoupling process, the client struggles with ambivalent feelings about
the correctness of the decision. This stage is always the first stage of the
process; the next several stages can come in a varied order.
THE ECONOMIC UNCOUPLING -
In this stage, each party begins to
realize that soon he or she will become solely responsible for his own
economic destiny. Therefore, each begins to look for a way to restructure
financial situation to be able to live without the benefit of, or
responsibility for, the support of the other. It is an emotionally vulnerable
time, with conflicting emotions of fear and freedom as the client seeks
financial self-preservation and self-reliance. Some clients
may feel the need to sacrifice financial assets, or to accept financial
liabilities, as a "penance" to soothe their perceived guilt over the
breakup of the marriage. Other clients may seek an unfair economic
advantage over his/her spouse as a way of seeking punishment. However, the
future relationship between the parties can be enhanced if the economic
uncoupling stage is handled in a way that allows both parties to succeed
financially.
THE COMMUNITY UNCOUPLING -
This stage of uncoupling involves the restructuring of social relationships
that the parties have enjoyed throughout their marriage. Whether the social
relationships involve extended family members, or simply mutual friends, the
parties will have to deal with the impact that a divorce produces on their
mutual acquaintances. At the time when divorcing couples most need their friends
for support, many parties perceive their mutual acquaintances as abandoning
them. This is not unusual since the mutual friends will either take sides with
the other party, or, more often, refuse to take sides in order to try to
preserve relationships with both parties.
THE LEGAL UNCOUPLING -
In this stage, your lawyer will fight to protect your legal
rights and will provide advice to help you make informed decisions that will
affect or determine the ultimate outcome of your case. Your attorney will
help negotiate agreements when this is appropriate, and will help protect you from entering into a patently unfair or unjust
agreement. As your lawyers, we will also handle the technical details of
obtaining court approval and the drafting or review of legally
enforceable documents. To the client, the legal stage is fraught with
uncertainty and anxiety. However, this anxiety can be reduced by consulting with
us frequently during the divorce process.
THE PARENTAL UNCOUPLING -
Seldom is there anything more volatile in a divorce than the discussion of
what will happen to the kids after divorce. The way each party decides to
resolve these differences will have a significant affect on the children and on
their adjustment to the re-defined roles of their parents. Usually, the Court
will approve the agreements and decisions of the parties related to the
children, unless there is some overriding reason not to do so. When the parties
are not able to come to agreement, the court will impose a solution. When this
happens, it is likely that neither parent will be completely satisfied with the
result. Therefore, unless there is some major character flaw in one of the
parties, the children are often better served by negotiating a workable,
mutually satisfying agreement between the parents.
THE PSYCHIC UNCOUPLING -
This stage of uncoupling is always the last stage of the
process and may occur months, or even years, after the legal divorce has been
obtained. This occurs after all of the emotional feelings between the parties
have been dealt with and played out. Anger is gone; grief is gone; guilt over a
failed marriage is gone. Psychic uncoupling occurs when the client finally stops
entertaining even the most remote possibility of a reunification of the parties.
It is at this stage that the party is finally able to view the other not as an
adversary, but as a previously significant player in the shaping of one's life.
Ironically, it is the time when the real cooperative negotiation between the
parties can, and, in the case of children, often does, occur.