Achieving Peace and Harmony

Divorce - How to Achieve Peace and Harmony

Divorce - How to Achieve Peace and HarmonyAchieving peace and harmony in a divorce may seem just a little far-fetched.

You’re angry and filled with resentment. How can you come to terms with these feelings and hold it together during your DuPage County divorce?

No matter how you look at it, and whether you like it or not, the simplest and most effective way to satisfy your divorce needs is to overcome “the norm” and rise above your feelings. Get over it! No one says it will be easy, but it will definitely be worth it. Cooperative law and divorce mediation in DuPage County can help.

When either party of a divorce is rude, offensive or even abusive, they should expect the same treatment in return. This leads to a downward spiral that must be avoided at all costs.

Most importantly, bad feelings and distasteful actions spill over into the lives of children – threatening their security and playing havoc on their childhood.

Married or divorced, the foremost obligation of parents is to maintain a strong co-parenting relationship.

“You and your soon-to-be ex will always be responsible for the security of the children,” according to Charlie and Barb Asher on their website – www.uptoparents.org.  A former trial lawyer, Asher has authored court specific plans for the evolvement of cooperative family law measures and he and his wife, Barb, a former social worker and counselor, are directing their efforts into a family charity aimed at helping parents protect their children.

The establishment of a strong co-parenting relationship provides everything children need from Day 1 and will be responsible for solving thousands of issues in years to come.  From Little League to college, and through braces and dating, being courteous, cooperative and respectful to each other will create stability for children. The Ashers consider it a “daily opportunity to build the team children need.”

Encouraging courts and family professionals to consider the future co-parenting relationship as a common client, Charlie Asher affirms in his support of cooperative law that, “simple statements of courtesy between parents often spell the difference between hurting kids and literally saving them.”

If there is any hope of attaining a friendly divorce settlement and maintaining a strong co-parenting relationship, divorcing parties must undertake a process that includes understanding three fundamentals: perspectives, emotions and language/listening.

By working through basic steps, divorcing couples can stay away from typical divorce war tactics and realize the value in creating a working relationship that just might get them through the divorce process in one peace.

Negotiating One-on-One with Your Spouse

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Most friendly divorces are more than luck and usually require some restraint and diplomacy.

Anticipate that the two of you will not see eye-to-eye on many issues and prepare yourself to be patient. Settlements rarely happen on the first try.

When the settlement conversations begin, explain to your spouse that you will make every attempt to hear them out, even if you are in total disagreement with what they are saying.

Acknowledge that you will naturally favor what is best for you and promise that you will try to overcome this bias. Ask your spouse if he or she might be willing to do the same.

Give your partner many opportunities to explain how they see things and never brush off anything they say. What they are trying to get across is important to them, so it is essential that you act as if it is also important to you.

It is particularly important that you do not appear to have generalized their position to be only what you expected it to be.

Try to avoid any discussion of fairness. What you think is “fair” is meaningless to the person you are trying to persuade.

Explanation of a Flat Fee Divorce

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  • This may be the way for you to proceed if you think that the divorce can be worked out amicably.
  • First either you or your spouse must come to our office to retain us.
  • We can only represent one of you.
  • Next you will need to tell us what the two of you have agreed upon.
  • We will give you a list of items to take home and discuss with your spouse.
  • We will also prepare all other papers that will be necessary.
  • We will then give you the complete settlement package.
  • Take home to your spouse for his or her approval and signature.
  • Once everything is signed and returned to us… We will file the papers with the court and get you a hearing date.
  • You must be present in court on the assigned day with us.
  • We will present your signed papers and testimony to the court for entry.
  • Usually, your divorce is finalized the day we are in court.
  • For more information, visit 11 Key Questions Most People Ask

The Double Whammy of Anger and Blame Part Two

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If we hope to convince our soon-to-be ex to agree to a sensible out of court settlement, we cannot place any blame our spouse and we cannot allow ourselves to display anger.

As we discussed in Part 1, anger causes blame and blame causes anger. If we are angry, we blame someone for making us angry. In divorce, this someone is our spouse – the person from whom we want concessions and compromise. Since no one takes kindly to being blamed, our using this tact (and we all do) starts the very divorce war that we hoped to avoid.

When we blame our spouse, we do it to show them how wrong they were and why they now owe us a fair settlement. Since no one ever wants to accept blame, this approach makes them angry, and angry people do not settle cases – they fight. And, they also make lousy decisions.

We owe it to ourselves to sharpen our view of what is at stake and control the encounter, or it will control us.

The best way to contain our anger is to anticipate theirs. Anticipate fury, and you will be able to handle fury–without unleashing your own.

It is amazingly easy to control your temper when you know the triggering is certain to happen.

It is this simple.

Divorce Settlement Conversations between Spouses

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Listening to your spouse’s perspective can be painful because you know they see things “incorrectly,” while you see things “correctly.”

Accepting that they will never see things as you do reduces the frustration and expense of the divorce process. It is much easier to accept something if we realize it was never within our control to begin with.

How do you handle this?

First, remember that your spouse has had different life experiences, and it is perfectly normal for them to see things differently. Then, make yourself curious about your spouse’s perspective and let them know that you are interested in how they perceive the situation. When they make a proposal you don’t agree with, do not shoot it down right away. Keep asking questions about what they based their thinking upon.

Skillfully dealing with your spouse’s perspective is the heart and soul of reaching a divorce settlement. It is necessary for us to understand our partner’s perspective as it is, not as what we think it is or what we wish it to be.

It is impossible to gain such an understanding without first listening to what they are trying to tell us. This is why no one has ever reached a quick and sensible settlement by talking. The trick is in listening, or at least pretending to listen.

Avoiding Divorce Court

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Divorcing couples have difficulty believing that there could be two sides to the story. Once their settlement conversations begin, however, it is profitable and productive for them to at least pretend that there could be two sides.

If your spouse has a different perspective, understand that different does not mean wrong. It only means different. Explain this reality to your spouse and ask for a mutual agreement allowing both of your perspectives to join the two of you at the bargaining table.

Keep in mind that you will never be able to change your spouse’s perspective, and your spouse will never be able to change yours! The pain, cost, anger, and frustration of conflict and of going to trial are the result of not being able to persuade your partner that you are right and that they are wrong.

You cannot win if you try to change your partner’s perspective. You win by simply validating their right to see things as they do and then working around it.

There is freedom in accepting each other’s views as possible solutions. It frees the mind of ego, bias, and obstinacy, and opens the doors to a higher form of creativity that does have the capability to resolve your difficulty.

They Never Gave Us Divorce Lessons

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A sensible way to learn something is by accepting guidance from someone who already knows it. When we want to learn how to knit, drive, play the piano, or use karate, we find an expert and take lessons. Need tax help? We talk to a CPA.

Our divorce rate indicates that we are not doing very well staying married. And judging by the length, expense, drama, and trauma of the average divorce, it looks like we, as a nation, aren’t much better at becoming unmarried.

We have resources for every imaginable endeavor, from sports, to hobbies, to finances. Yet, society offers us very little insight into what we can do to prevent our divorces from becoming disasters. This is startling when we consider that more than half of our marriages end in divorce.

Marriage is difficult by nature, but divorce isn’t. Getting divorced is often difficult by choice. The trick is not to get in our own way and to avoid the combative mindset that society has instilled in us. We have been programmed all wrong when it comes to divorce and this has affected countless thousands of families of those that preceded us in divorce.

It seems that we’re always being told how to behave during marriage, but no one ever tells us how to think and how to act during divorce. No one, that is, until now.

DuPageDivorceLawyerBlog.com aims to start the process of fixing this. For a fuller explanation, see The Secret to Settling Your Divorce in Chicago, Oak Brook, Wheaton and Geneva, Illinois.

Keeping It Friendly

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The “friendly divorce” approach makes it possible for settlement discussions to take hold before things get out of hand and costly.

How do we let our spouse know that we are willing to do our part to achieve a sensible, out of court settlement?

Here are some techniques that help set the stage:

  • Always speak in tones that transmit sincerity and compassion and never raise your voice.
  • Make it possible for your spouse leave the negotiation table with some satisfaction and some bragging rights.
  • Don’t shoot yourself in the foot by hiding funds or assets, cutting off the cash flow, running up charge cards, or playing games with visitation. These tactics start wars and cost money.
  • Avoid making any negative comments about your spouse’s vices, traits, propensities, habits, work tendencies, appearance, etc.
  • Do not push your spouse’s buttons. Angry people are less open to considering solutions. Clear-mindedness helps your partner see the problem as you do.
  • Manage your emotions, no matter how right you think you are and how wrong you think your partner is. You are sitting at the negotiation table to settle your case, not to waste money by trying to prove a point.

Using Persuasion to Disarm Your Spouse

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Negotiation is the process of persuading others to give us what we want in exchange for something they want. When a couple’s problems lead to divorce, knowing what to say during settlement conversations with your soon-to-be ex can save you months of frustration and thousands of dollars.

The “friendly divorce” approach enables you to disarm your spouse by respecting their stand. You encourage your partner to tell their story and convince them that you understand it. Showing respect for their concerns reduces anger and distrust. It relaxes their defenses and enables you to be persuasive, sometimes without their ever realizing that you gained the ability to influence their thinking.

Despite the many benefits of a non-confrontational approach, be aware that it will not work with everyone. Some people are just too unreasonable, stubborn, or impossible to deal with. Some folks are born fighters, some are not able to compromise, and some simply can’t handle it when the law does not conform to their sense of justice. They think that what they want – and not the law – should determine what they get.

If you and your spouse are reasonable people, you have the tools to negotiate your way to a sensible divorce. You do not have to wind up with a divorce that is unnecessarily difficult and costly.

The Price of a Friendly Divorce

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If you balk at the prospect of having to be cooperative or “friendly” toward your soon-to-be ex during your divorce, please ask yourself these questions:

  • Which do you dislike more: the prospect of being nice your spouse, or the prospect of throwing money away?
  • Which is more distasteful to you: being pleasant to someone who does not deserve it, or giving money to someone who does not deserve it?
  • Who would you rather give a new car to: your lawyer’s kid, or your own kid? Whose child would you prefer to put through college? Your lawyer’s child, or your child?
  • Is it worth the cost of a new car just to make your point?

The purpose of this post is to ask you to be sure to check and recheck the soundness and necessity of your decision to discontinue settlement attempts and take your case to court.

We do not endorse your giving in to the soon-to-be ex at all costs. If their settlement position is ridiculous, then you have nothing to lose by going to trial. We only ask that you weigh your options objectively and be sure that you do not base your decision on emotions, anger, blame, or other misguiding motivation.