Ontario Family Law Blog : Barrie Lawyer & Attorney Brian Galbraith : Simcoe County, Canada Divorce, Separation, and Collaborative Law

Why should you refer your divorcing clients, patients and friends to a Collaborative lawyer?

Here is why….

Doctors, Dentists, Health Care Practitioners: You know that a divorce battle is one of the most stressful events in a patient's life, especially for their children. You give your patients the gift of a less stressful way to divorce, promoting good health,  if you refer them to a Collaborative lawyer. You will be a hero.

Marriage counselors, therapists: You know the destructive impact of divorce battle on families, especially children. You are giving your clients the gift of a healthier way of untangling their relationships with better prospects for a healthier relationship post-separation when you refer your clients to a Collaborative lawyer. You will be a hero.

Non-Family Law Lawyers: You know that a good referral to a client will solidify their trust in you. You can't give a better referral than to a Collaborative lawyer who uses a process that costs less, results in better settlements, is less destructive and is faster than the court system. You will be a hero.

Accountants, bookkeepers, financial planners, bankers: You know that a divorce battle can result in the destruction of the wealth you helped your clients accumulate and tear apart relationships between business partners. You give your clients the gift of a faster, more cost-effective way of resolving divorce issues thus preserving your client's wealth when you refer them to a Collaborative lawyer. You will be a hero.

Real estate agents, mortgage brokers: You know how difficult it is to facilitate a sale or purchase of a home when your clients are in a court battle. You give your clients the gift of a smoother resolution of divorce issues, including those related to the sale of their home, by referring your clients to a Collaborative lawyer. You will be a hero.

Priests, Rabbis, Ministers: You know that divorce is a reality for many in your congregations and can bring out the worst in them, leading them away from their faith. You give the members of your congregation the gift of a way of resolving divorce related issues that is more peaceful, respectful and dignified when you refer them to a Collaborative lawyer. You will be a hero.

Hairdressers, bartenders, personal trainers: You know all the stories of destruction and unimaginable costs to individuals, families and children by divorce battles. You give your clients the gift of a less destructive way of separating when you refer them to a Collaborative lawyer. You will be a hero.

Friends, family, acquaintances: You know the pain and costs of a divorce battle. You are giving a gift of a better way to resolve separation issues when you refer someone to a Collaborative lawyer. You will be a hero.

Heros... remember to make sure the lawyer you refer your clients, family and friends to actually has training in Collaborative Practice. Not all family law lawyers have the special training. They might say they are “collaborative” meaning they try to settle their cases before trial. Special skills, an intense commitment to settlement and an in depth knowledge of the process are necessary to be a true Collaborative Lawyer and that comes with training. Our association lists those with training in Simcoe County. The international association, the IACP, also lists criteria for practicing members.

Refer someone to a Collaborative lawyer.

Be a hero.

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Anger. Have you ever felt so angry at your spouse you could just scream? I remember being so angry I just wanted to kick the furniture or throw something at the wall. I was furious.

I bet everyone who has gone through a divorce has been overwhelmed by anger at one time or another. It's normal. Our heart pumps fast, our face turns red, and we just want to lash out.

If our email is open, we might just send an angry, spiteful email. I did it a few times, regretfully. It didn't help.

In a recent blog at Collaborative Practice Canada , R. G. Harvie makes reference to a recent presentation that explains the impact of anger on our choices.  He says:

At our recent IACP Conference, Dr. Jennifer Lerner has explained that anger has some interesting effects upon our decision making ability. According to Dr. Lerner:

"Anger has been shown to bias perceptions of risk, which can fundamentally shape leaders’ most critical decisions. In one early experiment, we found that individuals who felt angry tended to engage in riskier behaviors than did individuals in a neutral emotional state."

In other words, when we are angry, we tend to minimize the risks of our behavior than when we are not angry.

A therapist once told me that underlying anger is  "sadness" or "fear". If you are going through a divorce you probably feel sad or fear most of the time. It's no wonder you might express it through an angry outburst.

You might feel sad that your dreams of a Hollywood "happily-ever-after" marriage won't be a reality. Maybe you are fearful, not knowing how your divorce will affect your wallet or your relationship with your children. It's normal.

Have your children ever had a tantrum? I remember mine would become so outraged that they would throw their toys, growl like a dog and say the most unreasonable things. Well, as adults, we don't do much better when we are overwhelmed by our anger.

I had a client who had just been ordered to pay spousal support become so upset he said "Take me away, I will not pay! " He would rather have gone to jail than to give some money to his former wife. Boy, was he was angry.

Some traditional lawyers will ignore emotions. They tell their client to simply get over their anger or "park it". Others will take advantage of it. I heard a story of a California divorce lawyer who used to say to his scorned clients, "Don't worry. I will nail his lying lips to the wall!" Of course, his bill for trying to do so was many thousands of dollars and for what benefit? 

Collaborative lawyers neither ignore nor take advantage of their client's anger. We understand that strong emotions are normal and need to be understood.

The challenge is trying to drill down within ourselves to understand the core cause of our anger. That's almost impossible without professional help yet remarkably many folks refuse help.

Our car breaks down, we call the mechanic. Our light bulb won't turn on, we call an electrician. Yet, if our marriage ends resulting in an emotional melt down, many don't seek help.

Why?  Maybe they fear being labeled mentally unstable. The truth is that everyone who goes through a divorce goes through the same emotional stages. You aren't crazy and you could benefit from some help of a professional.

Divorce Coaches can help. They are specially trained therapists and counselors who understand the emotional stages of divorce and can help you understand the source of your anger. I encourage all my clients to work with a Divorce Coach so they can work through their anger outside of the negotiation process.

I want my clients to be at their best when they are negotiating. I want them to be able to find creative solutions that work for their whole family. I want them to work through their anger. I want them to work with a Divorce Coach.

I certainly don't want them throwing their toys and having a tantrum. They might damage my computer. So I get them a Divorce Coach.

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Question: Will a father in Divorce Court in Barrie, Ontario get a fair hearing? 

Answer: Not always but I agree with the general sentiments of Michael Niren in his blog entitled "A Father's Right's in Divorce" when he says the following: 

The idea that courts will generally side with the mother comes from the court attempting to rule for what is best for the child while remaining practical. Generally, the mother may be the primary caregiver, has remained home with the child since birth, or the father has been the one to leave the marital home in the event of a marriage breakdown. These factors influence the court’s custody decision, but they are not always a standard representation of each family situation, and circumstances can often be the direct opposite or both parents can be equally loving, responsible and fit to be a welcomed part of their children’s lives.

Michael is responding in his blog to an article in the National  Post which characterizes the Courts as having fallen prey to the rants of radical feminists. The newspaper article suggests these radicals can be found primarily in the Women's Studies programs at Canadian universities and is happy to see the demise of these programs. In essence, they argue that the the Courts favour women because the judges have been corrupted by radical feminists.

It is a polemic intended to catch people's attention but does not reflect reality.

A few weeks ago, I did a blog called "Why Dad's Suffer in Court" in which I argue that it is not judges who should be blamed for any injustices that may occur to fathers (and they do occur from time to time) but rather it is the judicial system itself that is the cause. I stand by that blog.

I believe that clients are best served when they use the Collaborative Team Process to resolve the outstanding issues related to their divorce.

Collaborative Team Process is a radical new way of resolving divorce-related issues. All parties and professionals commit to resolving the issues without going to Court. Should one of the parties choose Court, everyone must start all over with new professionals.

The clients have the additional cost of starting over so have an incentive to negotiate in good faith. The lawyers lose their clients if the matter proceeds to Court so they put 100% of their energy into settling the case.

In Ontario, as in most of North America, we are moving toward a team model. The Divorce Coach helps both of you prepare for meetings by moving you through the emotional stages of divorce and case manages the process. The Parenting Coach will help you develop a parenting plan. The Financial Specialist will help you work through the division of property and support issues. The lawyers help resolve any issues that arise, offer the range of legal outcome, help analyze the settlement options and ensure the final agreement is legally binding. The whole process works very efficiently and empowers you to make your own decisions.

The research shows that about 85% of cases result in settlement. What is remarkable is that even if clients are not able to resolve their issues through the Collaborative Process, they will still recommend it to their family and friends! Wow! Isn't that amazing?

In over 20 years of practicing family law, none of my clients have been pleased with the Court process, win or lose. The Court process is slow, costly, inefficient and you are giving the power to resolve issues to a stranger: the Judge. They do their best to dispense "Justice" but, as one of my clients said "This ain't a 'justice system'... it is 'just a system'"

The judges do their best to dispense justice but it isn't easy. You know what is best for yourself and your family. With the help of professionals walking with you through the process, you can resolve the issues yourself. Not only will the results be better, it will be less costly and take less time to resolve.

I love Collaborative Team Process... can you tell?

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We need a Divorce Fair in Barrie, Ontario!

Recently, Halifax hosted it's first divorce fair. It was an opportunity to learn everything you need to know about getting a divorce, and how to prepare for life after divorce. Wow! What a great idea.

The fair was two days: one day for men and one day for women. You wouldn't want to bump into your spouse, especially if your spouse doesn't know you are thinking about divorce, hence the division of days by gender. Makes good sense to me.

Michael Niren in his most recent blog at www.divorcesupport.ca suggests that with the divorce rate over 40% this sort of fair may become common place in Canada. I hope so.

A similar fair was held in the UK in the spring of 2009 for the first time, and it was well received according to article in  The Telegraph. A second one is scheduled for March, 2010. I like the name they are using in the U.K. It's called the Starting Over Show which of course makes the acronym SOS. Very appropriate.

There are exhibitors and speakers at these shows. For example, lawyers, mediators, financial planners, yoga teachers, dentists (to improve your smile), cosmetic surgeons, psychologists, real estate agents, counselors, dating agencies, life coaches and anybody else who might be of interest to people going through a divorce have booths or do presentations. It's a place to get more information, new contacts and get inspired as you begin your new life.

Oliver Moore in his article in The Globe and Mail about the Halifax fair quotes the main speaker at the Halifax fair, Justice Harvey Brownstone as follows:

Mr. Justice Harvey Brownstone, author of Tug of War: A Judge's Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court, is speaking on both days. He noted in an interview that he's seen first-hand the “emotional carnage” that can result from divorce.

“It bothers me as a judge that by the time we see parents they're in front of me geared up for a fight,” he said. “I have long thought that I'd like to be able to reach them in advance. These people need counselling, they need financial advice, they need help coming up with parenting plans.”

The divorce fair provided the kind of information Justice Brownstone suggests, so people can make an educated decision about their choices. Too often people considering divorce end up meeting with traditional divorce lawyers who simply urge them to go to court.

I believe divorce is not just a legal problem. It has emotional, financial, parenting and many other aspects to it. An interdisciplinary approach to divorce best meets your needs. A divorce fair sounds like it would give the public the perspectives of many different disciplines and professionals which is a good thing.

We suggest clients use Collaborative Team Practice to resolve their divorce-related issues. It is an interdisciplinary approach to divorce. Financial specialist help with the financial issues; Divorce coaches help with the emotional aspects; and, parenting coaches help with the parenting issues. Lawyers deal with the legal aspects, offer their help resolving difficult issues and ensure the resulting agreement is legally binding. It works well. Both parties and professionals agree that they won't go to court and will put all their energies into reaching a mutually agreeable settlement.

"Divorce Fair"... I even like the name! Fairs always have roller coasters and everyone who has been through a divorce knows it can be like a roller coaster ride some of the time! 

So, who wants to help me organize a Divorce Fair for Barrie? 

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Can you imagine receiving a $150,000 per month, tax free? Karen Sala certainly could and sued Keanu Reeves hoping he would be ordered to pay that tidy sum to her. She was not successful.

A recent article in The Star declares that the paternity case against Keanu Reeves by Sala was dismissed by the Ontario Courts. According to The Star, Justice Graham declared that the allegations against Reeves were "so incredible" that no reasonable judge would accept them.  The judge said having a trial would be a waste of limited judicial time.

Karen Sala was seeking $3 million a month in spousal support and $150,000 a month in retroactive child support. She alleged that Reeves was the father of her four adult children.

It is remarkable that she pushed the case this far. DNA tests had been done which indicated that Reeves was not likely the father of the children. DNA tests cannot say with full certainty if somneone is the father but they are accurate 99.9999% of the time. Usually, that's good enough for the judges to dismiss the case as happened in this case.

As Ms A.J. Jakubowska notes in her blog, child support payments in Ontario are not tax deductible for the payor and the recipient does not have to claim them as income. Sala would have been able to pocket $1.8 million dollars per year, tax free, had she won her case.

How is the amount of child support determined? 

Child support payments are set in accord with the Federal Child Support Guidelines. For Ms Sala to have received $150,000 per month, she would have had to prove that Reeves' income was about $8.5 million annually. I guess that's possible...

As Ms Jakubowska, a Newmarket family lawyer, notes in her blog, spousal support is tax deductible to the payor and must be claimed as income to the recipient. So, if Sala had been successful, Reeves would have been able to deduct the spousal support from his income but not the child support.

Certainly there is an incentive to sue for child support when the stakes can be this high but DNA tests constitute a mountain too high to overcome. You can't just allege someone is the father of your children these days expect to get away with it. If you are lying, science will prove you wrong. How DNA tests work is a sample of hair from the father, mother and child are analyzed in a lab. The DNA of the child is compared to the DNA of the "alleged" parents to determine if paternity is possible. Courts like the certainty of DNA tests.  They normally end the case one way or another.

Ms Sala was tenacious. She persisted in court. She lost. Case closed. Next? .....

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Did you make a resolution this year to stop smoking, lose weight, reduce your debt? Or maybe you resolved that this is the year to get a divorce.

The origins of New Year's resolutions, according to Gordon North in his ezine article goes back to ancient Babylon and Roman times about 2000 BC. For just as long a time, people have been breaking their New Year's resolutions.

Anja Pujic in her blog at Suite 101 has good advice about how best to keep your resolutions. She  offers the following: 

When setting your New Year's goals, use these guidelines to start you off on the right track:

1. Don’t be afraid of failure. The trick is not to put so much pressure on yourself that you start doubting your ability to achieve your goal. Tell yourself that this is something you would like to achieve one day. Doing so will make it seem less like a chore and more like a hobby.
2. Don’t put a time limit on your resolution. If it takes one year, that’s great; if it takes longer, then it’s no big deal. By giving yourself a little bit of breathing room, you reduce pressure and stress and make your resolution easier to achieve and more enjoyable.
3. Don’t make your resolution too ambitious. Set and stick to realistic goals because you are more likely to achieve them and less likely to be disappointed in yourself.
4. Practice discipline in every aspect of your life. This will make it easier to discipline yourself to follow through with your resolution. When you feel tempted to procrastinate, remember that the sooner you start working on your resolution, the faster and easier it will be to attain.
5. Take baby steps. You cannot reach your New Year’s resolution overnight so don’t expect to. If you do, you are more likely to become disappointed in yourself, lose motivation and, in the end, fail.
6. Tell someone about your resolution so that it feels real. Even better, find someone with the same resolution and support each other along the way. Talking to someone who is going through the same thing as you are can be a great source of relief, encouragement and support during moments of weakness. It can also help build and develop great lifelong relationships between people.

We normally see a surge in clients in the New Year, seeking a divorce for the same reasons people make resolutions at New Year.  The New Year brings with it a new resolve to make things better in our lives. Clients struggle through the holiday period, doing their best to "hold it together". Nobody wants to be accused of being Scrooge by seeking a divorce at Christmas. So, in January, clients come to our office in droves, wanting to improve their lives through divorce.

Constance Ahrons in her book The Good Divorce says that her research indicates that most divorced people don't regret getting a divorce but wish they had started the process sooner and not "held out".

If you have decided this is the year for you to get a divorce, apply Anja's principles to the process:

1. Don't be afraid of failure. You are not alone. About 50% of marriages end in divorce and they manage to get through it. So will you.
2. Don’t put a time limit on your resolution. Divorce takes time and is a painful process at best. Just take one day at a time. Remember the process goes as fast as the slowest person. If you are the one initiating the divorce, your spouse is probably not there yet emotionally and will need some time to catch up. Be patient. 
3. Don’t make your resolution too ambitious. Divorce is a monumental change in your life. Set reasonable, smaller, achievable goals to keep yourself moving forward to your new life.
4. Practice discipline in every aspect of your life. Find healthy ways of coping with your divorce. Use discipline to avoid falling into unhealthy coping techniques such as over drinking or drug use. Get exercise, eat properly and get adequate sleep. Find a Divorce Coach who will help you stay the course.
5. Take baby steps. Make a list of the things that have to be done, and then break down each item into the smaller steps. Take one step at a time and then celebrate your daily successes. Start with finding the right lawyer (a Collaboratively trained divorce lawyer) who will help you work through the issues. Also find a good Divorce Coach to help you through the emotional journey. That's a good start.
6. Tell someone about your resolution so that it feels real. Most people start by telling their family (brothers, sisters, parents) about their decision to get a divorce. Seek out positive, supportive people in your life who will comfort you when you need it.

I don't advocate that you get a divorce if you have a fulfilling, loving marriage. You are one of the lucky few. But, if you feel that a divorce is inevitable, now is as good a time as any. Take a deep breath, find your resolve and move forward toward your new and better life. It's a New Year!

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I just read an amazing blog by "The Jolly Mama". It is an amazingly honest description of the emotional struggles of separation and divorce from someone going through it.

The title of her blog entry is "Kubler-Ross and My Life Lately" and here is a quote from it.

What does any of this have to do with Elisabeth Kubler-Ross? She is the psychologist who identified the seven stages of grief, and that is what I have been experiencing for the past year. I don't know if all of my emotions have necessarily been identical to the ones she classified. I've been so angry that I'm divorced. That I have to share my children, and I go days without them next to me. That I tried and tried and tried to be a cool wife and was always shut out. That what was lovely about me, my desire to be a helpmate, was rejected or looked upon with suspicion. So, this is not the life I wanted... but it is the life I have.

If you are struggling with depression or grieving the end of your marriage, take heart, you are not alone. Everyone who goes through a divorce experiences the same grief process. At Christmas and other special occasions, the pain of divorce can be worse.

I am a divorce lawyer yet when I went through my own divorce, it was devastating. I thought I would do okay being a divorce professional, yet I too went through the whole grieving process, just like everyone else. It was painful.

Pamela S. Wynn, a lawyer in Florida, writes a great blog  with useful advice on how to get through the depressive feelings divorcing people experience especially during the holiday season. She suggests (I'm summarizing) the following: 

1. Be your own best friend.
2. Focus on lifting the spirits of others.
3. Integrate - don't isolate.
4. Initiate new holiday traditions.  

I would add to Pamela's list.... "Find and work with a Divorce Coach".

They have special training on how to help you work through the emotional stages of divorce. In our area, we recommend Sue Cook or  Deborah Alton. They are both excellent divorce coaches.

Using a divorce coach does not mean you are suffering from a mental illness or that you are weak in some way. They will not engage you in therapy. They simply help you understand and move through the emotional stages of divorce more quickly. Time heals everything but who wants to wait around! Go see a divorce coach. I did.

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Daniel Clement pointed out in his blog that a UK law firm is actually selling gift certificates for a consultation with a divorce lawyer. What do you think of that? ... the gift of divorce!! 

Here are the top ten uses I have come up with so far, just for laughs, with suggestions on what to write on the gift card in quotes. Do you have any additions?

10. Give it to your spouse who is unwilling to deal with the reality of your separation and is stalling the process. "Let's get this done, honey!"

9. Give it to your lover who has said he or she will get a divorce but just hasn't done it. "Hey, if you love me, you would get this done!"

8. Give it to your sister so you don't need to deal with that nasty brother-in-law at Christmas!!  "You can do better!"

7. Give it to the guy who just took your parking lot at the mall, for his wife. "You can park yourself somewhere better!"

6. Give it to your friend who is about to get married to a jerk.  "Just in case..."

5. If you are single, give it anonymously to someone married who you would like to date. "Hint. Hint. There are more fish in the ocean... including me!"

4. Give it to your favourite bartender or hairdresser. "In case you need some advice too!"

3. Give it yourself. If you are facing a divorce, maybe it's time to get some advice.  "O.K. I had better take a deep breath and get this done!"

2. Give it to Tiger Woods' wife. "Thirteen lovers is too many! "

1. Give it to Tiger Woods. "Sorry... but you might as well get back to golfing!"

Actually, all kidding aside, I like the idea of being able to give the gift of good advice to someone in need. If you are going through a divorce, wouldn't it be nice to receive this helping hand from a friend or family member?

What do you think? Should we start offering them for sale?

Another idea... I think we should start stamping the back of our business cards and offer the fifth divorce FREE!! ...okay... that's too tacky!! But it is funny!!

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Tiger Woods has become the focus of much ridicule recently as a result of his admission to having had extra-marital relations.  One publication suggests Tiger had 14 mistresses over the course of his short marriage. Wow! That's a lot!

Some have focused on Tiger being caught as a result of his use of text messages. This is a fascinating new development unheard of ten years ago. May I suggest the thoughtful blogs written by Dick Price, Ashley Russell and Daniel Clement for this angle.

But my friends all ask the same question: "Why would anyone in Tiger's position do this?" Tiger seems to have it all - money, fame, a career playing a game he loves, a beautiful wife, two healthy children - yet he appears to have thrown it all away with these acts of indiscretion.

Why Tiger?

The answer ... perhaps it was childhood wounds but I don't know Tiger personally so I can't speculate... sorry....

If your marriage has been rocked by an affair you are not alone. USA Today reports that 15% of wives and 25% of husbands have experienced extramarital intercourse. Can you believe those stats?  

I recommend you read  "After the Affair" by Janis Abrahms Spring, Ph.D. In fact, both Tiger and his wife Elin would be wise to read this excellent book. It could help them answer "why?" It could help you too.

The author suggests that it is possible to rebuild trust in a marriage when a partner has been unfaithful and she even suggests how to do it. Even if reconciliation is not likely in your situation, this book is still worth reading whether you were the unfaithful partner or the hurt partner. If you know "why", you might avoid making the same mistake twice.

Dr. Springs suggests it all stems from child-hood wounds. She says:

... if you missed out on the development of the following critical growth experiences, you may never have developed into a healthy, secure, competent adult:

1. Being safe and secure.

2. Functioning independently in the world.

3. Having solid emotional connections with others.

4. Being valued.

5. Being free to express yourself.

6. Being free to let go and have fun.

7. Living with realistic limitations.

So, essentially, Dr. Springs suggests that your childhood emotional wounds can haunt you in adult-life leading to extra-marital affairs as an attempt to heal your wounds or in reaction to those wounds.

I am over-simplifying Dr. Spring's ideas. You need to read her book to understand her theory and apply it to your own life.

Neither Dr. Spring nor I are attempting to justify having an affair -  I feel it is wrong and tremendously hurtful to have an affair - but rather I am suggesting that Dr. Spring's book can help you discover the childhood wounds that may have lead to the adult indiscretions. She then offers ways of rebuilding the trust in your damaged marriage, and offers life-lessons for the rest of you whose marriage won't be able to recover from the deceit of an affair.

I commend Tiger for taking time away from his career to look deeply at his marriage and life. I hope he reads Dr. Spring's book during his time away from the golf course. Likewise, if your life has been rocked by infidelity, whether you were the unfaithful partner or the hurt partner, I strongly suggest you read Dr. Springs book... and take some time away from the golf course, if you must!

It appears that Tiger is heading for divorce according to US News.

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