“I want my Divorce Lawyer to be a Pit Bull”

dreamstime_13836734-differentroads

The following are Kulerski and Cornelisons blog posts from their Chicago Tribune - Chicago Now – “The Way We War” blog.

“I want my divorce lawyer to be part pit bull; part Doberman, part shark, and the rest Cobra…someone who will make my spouse suffer.”

Does this sound familiar? Of course it does. We have all heard of angry or hurt soon-to-be ex spouses making statements like this. The problem is that this is the problem. Our predisposition to fight is one of the biggest reasons that divorce has become so lengthy and costly.

Divorce wars do not pay. We do. Getting that ‘pound of flesh’ is not free; it is a luxury, like buying a new BMW when you do not want one.

We live in an argument culture that promotes distrust at every level of divorce. Society conditions us to enter divorce with a skeptical and defensive mindset – one that encourages war instead of sensible resolution. At the mere mention of the D word, we get tense and distrusting and typically act in ways that are counterproductive and not in our own best interests. We often unknowingly, and unnecessarily, help to set the stage for our own demise.It is obvious that the public is displeased with the divorce legal system. Most people feel it takes too long, costs too much, makes the process unnecessarily complicated and frustrating, and no longer meets the needs of the public. Many go so far as to depict the legal system as a vampire that sucks the spirit out of everyone who enters it.

While the system admittedly is far from perfect, we have a bigger problem. The real culprit is more fundamental…it is something that society does not prepare us for.

Society does not show us how to stay out of the legal system. It tells us how to behave during marriage, but it does not tell us how to behave during divorce. We take driving, karate, piano, ballet, and golf lessons, but there is no such thing as divorce lessons.

We do not receive any guidance on what we should say and do (and should not say and do) to persuade our partner to consider a compromise settlement before our dispute reaches the legal system. We are not offered any insight into preventing our problem from becoming a disaster. A century of divorce wars suggests that we need some help in this department.

Marriage is difficult by nature, but divorce is often difficult by choice. “The Way We War” reveals some simple things that we can do to prevent our divorce experience from becoming any harder than it has to be.

Handling an Angry Soon-to-Be Ex

Illinois Divorce Settlements - Handling an Angry Soon-to-Be Ex

When your spouse explodes, patiently wait for them to stop, and then acknowledge their reaction. By simply saying, “I can hear that you are upset,” you are establishing that you are listening and that you recognize your spouse’s right to such a reaction. Don’t say their opinion is wrong.

When our spouse angrily lists our injustices toward them, we may feel the need to set the record straight and defend ourselves. But we cannot change their mind by disagreeing with them. Challenging their accusations cannot help us; it will only add to the fire of our spouse’s emotions.

When they explode and let anger get the best of them, let it go. Expect your spouse to lose it at least twice during the divorce process. Don’t question their right to be angry and don’t take it personally.

When they explode, stay cool for as long as possible. Creating a three-second lag time before responding may seem difficult, but it is the best thing you can do to disconnect from your own anger. Never allow yourself to respond by saying such things as, “Don’t you dare talk to me in that tone.”

Remember: Your own anger is your spouse’s best weapon.

Dealing with Your Spouse’s Stubbornness

Divorce Information in Oak Brook and Chicago, Illinois - Dealing with Your Spouse's Stubbornness

By definition, perspective is how we see or understand something. It is what gives us our point of view.

Perspectives are the result of our life experiences. They run deep within us and are extremely difficult, if not impossible, to change. They are also the biggest reason why we have divorce wars.

Our courtrooms are traditionally full of litigants that are unsuccessful in trying to change their spouse’s perspective about who should get what in the divorce. This is why so many divorce wars are unnecessary.

The truth is you will never change your partner’s perspective any more than they will ever be able to change yours. The key to non-court dispute resolution is to accept that you are dealing with a brick wall and then applying your creativity and energy toward finding a way around the wall.

If you fight the way your spouse sees things, you are asking for war. If you allow your spouse to see things as they do, you open the only window you need to entice them to meet you half way. Listening to each other’s concerns and validating the other’s right to have such concerns is your best bet for getting around the wall of resistance.

Divorce Insider Insights: Negotiation Tips for Spouses

Naperville and Wheaton Divorce Attorney - Divorce Insider Insights Negotiation Tips for Spouses

Seventh in a series of divorce insider negotiation tips for spouses.

Try not to say yes to a first offer, even if you think it’s a good deal. Doing so leaves your spouse with thoughts that they offered too much.

You want your partner to feel good about the negotiations and you don’t want them kicking themselves later. Your ex will always be part of your life, and you don’t want him or her harboring angry feelings about selling themselves short.

However, try to exercise caution by not saying no too quickly. You must allow sufficient time to pass before you respond, and this is a minimum of three seconds.

If you want your spouse to give serious thought to what you want, you have to give the impression that you are giving serious thought to what they want.

Don’t ever ask your partner for a specific concession, because that sounds too confrontational. Instead, say something like, “If I have to give a little in order for you to give a little, I will do so. I hope you will reciprocate so we can bring this thing to an end. We don’t really want to be arguing about this same issue a year from now, do we?”

You may find more help tips with 9 Things to Consider at the Start of Your Divorce, including Does it Help to be the First to File?

Settlement Conversations with Your Spouse

Hinsdale and Elmhurst, IL Divorce Law - Settlement Conversations with Your Spouse

This is the fifth in a series of posts that reveals how judges, lawyers, mediators, and other divorce insiders persuade their own spouses to agree to cooperative, out of court settlements.

Validate your spouse’s point of view. It doesn’t cost you anything to “allow” your soon-to-be ex to have a settlement position that differs from yours. Show that you are receptive to hearing it and that you will try to understand where he or she is coming from.

Your spouse is going to have a differing view anyway, so don’t fight it.This does not mean that you have to agree with your partner’s position; it merely requires you to accept their right to have such a position. You must also let them know that you respect their right to see things as they do.

Do not challenge their viewpoint because you will never be able to change their mind, just as they will never be able to change yours.

Our divorce courts are loaded with angry spouses that have tried unsuccessfully to convince their partners that they are right and their partner is wrong. This is a colossal waste of energy and money.

The secret to persuading your spouse to agree to an out of court settlement is not to challenge their position, but to figure out a way of working around it.