by Jamie C. Williamson, PhD

A “friendly” divorce without lawyers could be right for you. If you have decided that getting a divorce is the best (and maybe only) option that will promote your future emotional and psychological well-being, and that of your spouse and children, your next step is to determine which of the four paths to a legal divorce is right for you and your circumstances.

To decide which path will serve you best, answer the following questions:

(1A) If you have children, what type of divorced parenting partnership is in the best interest of your children.  For most people, the answer to this question is either “Facilitating Friends” or “Accommodating Allies”, both of which involve high levels of goodwill and cooperative communication.  Read more about types of divorced Parenting Partnerships here.

(1B) If you don’t have children, would you and your spouse like to remain on friendly terms?

If you want a friendly divorce, you could select from among the Do It Yourself,  Pre-Suit Pro Se (without attorneys), or the Pre-Suit, with Attorneys.

(2) How complicated are your financial circumstances?

Do you have customary assets like a home, car, bank accounts, and retirement accounts, as well as typical liabilities like a mortgage, car payment, and credit card bills? Or are your finances more complicated, involving a family business, a trust, or a complex investment portfolio?

If you have simple finances and no children, the Do It Yourself may work for you. If you have children and simple/moderately complex assets and liabilities to equitably distribute, then you could choose between Pre-Suit Pro se (without attorneys), or Pre-Suit, with Attorneys. If you have a highly complex mix of assets and liabilities, you may best be served by an Attorney Driven divorce.

(3) What amount of family resources are you able or willing to invest in the divorce process?

The Do It Yourself divorce is the least expensive but comes with the need to complete complicated forms and work through emotional issues on your own.   If your finances are simple AND you and your spouse are detail-oriented, well organized, have a high level of goodwill for one another, and have excellent communication and conflict resolution skills, then the DYI option may work for you.

The Pre-Suit Pro Se path (a friendly divorce without lawyers) is also relatively inexpensive.  For example,  fees for a friendly, Pre-Suit, Pro Se divorce at Amity Mediation Workshop on Florida’s Emerald Coast range from $1,400 to $3,000, depending on the complexity of your assets and whether or not you have children.

For this moderate cost, in the Pre-Suit  Pro Se option, your mediator facilitates the emotional discussions and empowers you to reach mutual agreement on all of your current issues. The mediator also prepares your Marital Settlement Agreement, Parenting Plan, and Child Support Guidelines Worksheet.   Many mediators, like those at Amity Mediation Workshop, also include assistance with document preparation and Family Law Forms.  This type of one-stop-shop helps simplify and de-stress the divorce process.

The Pre-Suit with Attorneys path is more expensive than a divorce without lawyers, but also typically less expensive and less adversarial than an attorney-driven divorce.  Along this path to divorce, attorneys guide their clients’ decision making, but work in a collaborative manner with each other. The mediator works directly with the parties to help them resolve issues and create their Marital Settlement Agreement. The Attorney-Driven path to divorce is the most expensive and will vary by lawyer and region. According to Lawyers.Com, the average attorney fees for a divorce in Florida are $10,700, and the average total cost of a Florida divorce with attorneys is $13,500.   The costs range depending on whether or not children and complicated assets are involved, as well as how acrimonious and protracted the process becomes.

(4) How quickly would you like to complete the divorce process so you can start building a stable future for you and your children?

The DYI divorce could be the quickest, if you have limited/no assets, no children, no problem completing the forms, and high levels of goodwill and cooperation with one another.

The Pre-Suit Pro Se friendly divorce without lawyers typically involves a one-hour planning session and two weekly 2-to-3 hour mediation sessions.  This means that by utilizing a mediation practice like Amity Mediation Workshop you could resolve all of your issues and be ready to file for a non-contested divorce in about one month.

The Pre-Suit with Attorneys path stretches over a longer time period than the Pre Suit, Pro Se, in large part due to the attorneys’ scheduling and the time they need for advance consultation and preparation with their client.  Still, this path is much quicker than the Attorney Driven path.

The Attorney-Driven path to divorce takes the longest.  According to Lawyers.Com, the average duration of the attorney-driven divorce process in Florida is 15 months and ranges from 7 to 30 months, depending on attorney schedules, the complexity of the case, and the amount of acrimony that creeps into the process.

So you decide.

If you are like most (but certainly not all) people, a friendly divorce without lawyers may be your best option:

1. You want to remain friendly with your spouse, especially if you will continue being Parenting Partners.
2. You have typical assets and liabilities that can be equability distributed without complicated legal transactions.
3. You would rather reserve family resources so that you and your spouse have the money you need to start over and build a stable future for yourselves and your children.
4. You would rather move forward deliberately and begin building a happy, stable future rather than be stuck in limbo for a year or more rehashing the past.

At Amity, our guiding philosophy of civility and a friendly approach to facilitating conversations permeates our mediation work. And we embrace an optimism about what people can do with and for each other if they are simply willing to focus on finding solutions that are good for them AND for the others involved in their issues, especially children. 

We know that most couples and families truly value peaceful resolution of issues with as little hurt to those involved as possible.  We hope couples and families can stay together. But, our goal is to help people eliminate distress in their relationships and maintain peace, whether they stay together or not.

Our approach supports and guides individuals as they work to settle their differences and define for themselves the future of their relationships. If you have decided to divorce, share the Paths to Legal Divorce graphic with your spouse. Decide which option is best for you.  Then, start to Work it Out.

And, let me know if I can help.

P.S.   Deciding whether or not to get divorced is excruciatingly difficult. If you are struggling with that question, and need help working through the decision-making process, read my three-part series titled Should I Stay or Should I Go?

By Jamie C. Williamson, PhD

My friend Mike confided to me yesterday that he and his wife of over 20 years are getting a divorce.   Although the split was her idea, he was quick to choose to forgive her and focus on building a stable future for himself, his wife, and their children. 

He told me he thought it all through carefully. He said he understood that even though he was content in their marriage, no amount of effort or counseling could put the joy back in their marriage for her.  Something was missing for her that he knew he could not provide.  And, he quoted Desmond Tutu saying “Without forgiveness, there’s is no future.”

This is a very mature, evolved perspective.  And, I wanted to check if it was real.  So, I asked “what about you and your feelings”?  You’re giving up a life that made you happy…a life that once made her happy…so that she can build a different kind of happiness without you.  Aren’t you hurt? Angry? Sad?

And, Mike explained:

Even after all this time to get used to the idea, I am quite sad over the family life I am losing and I want to make sure my kids hurt as little as possible.  And, I’ll admit I felt angry at first.  I wanted to hurt her.  I wanted her to beg me to forgive her.  But, I quickly realized I was more in shock, than angry.   

So, I stopped reacting and started to truly listen to her explanation, which she patiently provided a few times. Then I made myself think about our marriage from her perspective. About my own role in the deterioration of our romantic side.  I thought about the opportunities for happiness she could have in a different life.  And, I got it. I truly did.  After that, it was easy for me to tell her that I forgive her and to focus on solutions that worked for both of us, and our kids.

Why did forgiveness come so easy for Mike?

I know Mike pretty well.  He has strong spiritual beliefs that require him to turn the other cheek.  He also ranks high in his ability to take another person’s perspective. He can feel and express empathy.  And, he still cares about his soon-to-be X-wife, so he doesn’t want to try to make her feel worse than she already does.  In fact, he wants to help her save-face, so she feels less guilty and can regain happiness more quickly.

Mike also knows the value forgiveness plays in preserving a relationship.  He knows he and his wife will not be able to be good co-parents, if they do not forgive one another.

In the end, forgiveness is a choice.

 A choice not to fight.

A choice not to hold a grudge.

A choice to surrender your pride to obtain peace.  In the end, waving the white flag of surrender, is a sign of maturity and strength, not submission and weakness.

What makes forgiveness difficult for some people?

People who generally find it hard to forgive others include (1) people with a fairly low self-esteem who build themselves up by viewing the other’s mistakes as much worse than their own and (2) people who are cognitively immature and have an underdeveloped sense of empathy.

But, even the most empathic and developmentally mature among us have to remind ourselves about the importance of forgiveness when the transgression is quite severe, has occurred too often, or is likely on-going – especially when the transgressor has not sincerely apologized.

(If you are seeking forgiveness, you may want to read “Effective Apologies Turn Conflict Aftermath into Healing Afterglow” to learn the five key attributes of an effective apology.)

There also is a common tendency, called the Fundamental Attribution Error,  that makes people view other’s mistakes as due to internal causes like their personality or character traits.  In Mike’s case, he could have said his wife’s falling out of love with him was caused by her “her lack of ability to keep her promises”, “her selfishness”, or “her overly romantic idea of what long-term married life is like”.

These are harsh judgments that would have made it difficult, if not impossible, for Mike to forgive his wife and preserve a friendly relationship with her.

The flip side of the Fundamental Attribution Error makes it even more difficult.

Instead of assuming that our own mistakes are caused by our character or personality traits, we explain away our mistakes by attributing them to external causes like situational factors or life circumstances.  In Mike’s case, he would say “I was only inattentive because I had to work such long hours”, “It just the aging process” or “The guys count on me”.

These explanations allow Mike to let himself off the hook, rather than take responsibility for his part in the deterioration of his marriage.  Both sides of the Fundamental Attribution Error combined allow Mike to blame his wife and absolve himself.   To judge her harshly, rather view her through empathetic eyes.  To self-righteously hold a grudge, rather than forgive.

Fortunately, Mike quickly reframed his attributions and listened carefully to his wife’s concerns. He surrendered his pride and obtained an empathic perspective.  As a result, he and his wife have maintained a peaceful relationship as they try to reach agreement on important issues and build a stable future for themselves and their children, rather than keep rehashing the past.

Please give the Fundamental Attribution Error some thought.  Is this common tendency prohibiting you and your partner from forgiving each other, preserving a friendly relationship, and having a happy future?

If so, share this post with your partner (or anyone else you’re struggling with) and suggest that you both give forgiveness a try.

Surrender your pride. Choose not to fight.  Not to hold a grudge.

Choose forgiveness. 

Then, start to Work it Out.  Even if you are headed for divorce, you can make it a friendly one.   But, if you want to stay together, choosing forgiveness is necessary.  Without forgiveness, there is little hope for a happy future together.

Let me know if I can help.

You’ll find me at Amity Mediation Workshop, where we facilitate divorce, family and civil mediations.  We also use the Gottman Relationship Checkup as we conduct transformative, psycho-educational Marriage Refresher Courses for our clients who want to stay together and  restore the joy in their marriage.

If you liked this blog post, SIGN UP NOW for my “Work it Out – Relationship Tips” emails packed with practical, helpful, and fun relationship guidance that you can really use to help your relationship work.

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by Jamie C. Williamson, PhD

There are four signs that signal a progressive, downward relationship spiral leading to divorce.   But, you can learn to recognize these cautionary signals and take a detour that will put you back on the path to a long, satisfying marriage.

Which couple are you?

This week I met two young couples.  Both couples have been married for about four years.  Both couples are loving parents of a toddler.   Both parents in both couples are gainfully employed in professional jobs that provide health insurance and retirement benefits.  Both couples seem to “have it all”.

But yet, they are distressed.

Amy and Brian are heartbroken because no matter how hard they both try, they can’t seem to stop having the same fights over and over again.  In contrast, Lisa and Mike feel angry because they each see their marital problems as the other’s fault and they have given up trying to talk about it because talking just leads to another fight.

From the outside looking in, these couples seem similar. Both couples experience a lot of conflict and feel distressed.  But for Amy and Brian there is still a high likelihood that they can bring the joy back to their marriage if they quickly take steps to turn their relationship around.  For Lisa and Mike, the chances are slim because they’ve gone too far down the wrong road.

Four Signs You Could Be Headed for Divorce

1. You view your relationship problems as severe.  You started out as flovers (lovers who are also best friends).  But, now you notice that conflict is more frequent and has taken on a negative tone, especially for major issues that keep recurring.  This negativity then begins to bleed over into other aspects of your life, as well.  But, still you are turning toward each other to work things out.
2. Talking things over seems useless. You begin to blame the other for your relationship problems and your relationship talk is characterized by complaints, sarcasm, reciprocated negative feelings, and problem escalation or flooding the conversation with multiple criticisms.  You start to turn away from each other and try to solve the problems individually, rather than as a couple.
3. Spouses start leading parallel, but separate lives. To reduce conflict and tension, and to get some perspective on the relationship, spouses avoid talking about their relationship or issues other than those topics that surround their daily routines.  When other issues do come up, the intense conflict, criticism, and even contempt return.  So, you and your spouse begin to keep your distance and to live more like polite roommates than the intimate flovers you once were.
4. You feel alone in your own home. When communication is restricted to routine matters peppered with the inevitable eruptions of intense conflict, there is little intimacy exchanged between spouses.   You may go through the motions of your daily routine and family life, and may even continue to have sex.  But, your marital intimacy has been replaced, at best, by cordial indifference or, at worst, controlled hostility that lies barely under the surface and frequently erupts.

Where is the Point of No Return?

Couples like Amy and Brian can more easily reverse the downward trajectory because they noticed the first warning signs of relationship distress.  Either on their own, or with the help of a psycho-education course like “Let’s Stay Together”, they have a good chance of restoring the intimacy and happiness in their marriage.

Couples like Lisa and Mike, who continued to ignore the warning signs, have likely reached a “point of no return” or will have a rougher road back to each other than they would have if they had noticed the early warning signs that they were possibly headed to divorce.

If you’ve been seeing the early signs that you are on the road to divorce, try starting a conversation about how to become flovers again.

If you think you might have reached the “point of no return” in your marriage, try starting a civil conversation about your choices:  Are you both willing to try the rough road back to each other or, if not, can you dissolve your marriage amicably before you hurt each other and your children even more.  Granted…that’s a hard conversation to have.  But, I’ve seen couples who thought divorce was inevitable find their way back to each other.  And, ironically, I’ve also seen many miserable couples build a better life for themselves and their children through divorce.

Whether you are seeing the early warning signs or afraid you are reaching the point of no return, share this post with your spouse, start a conversation to discover the right road for you,  and work it out.

Let me know if I can help.

You’ll find me at Amity Mediation Workshop, where we (a) deliver our own “Let’s Stay Together – Marriage Refresher Course” – a private psycho-educational course delivered in a workshop-for-two format that serves couples who want to stay married, but also improve their relationship and (b) Divorce Mediation for couples that have decided to divorce but want to remain friendly and reach an agreement that serves the needs of all involved, especially the children.   If you aren’t sure, we can help you figure that out, too.

I’m a Gottman Leader authorized to deliver the Seven Principles of Making Marriage Work Couples Program and to use the Gottman Relationship Checkup when working with couples trying to decide if they have reached a “point of no return”.    I’ll help you work it out. 

If you liked this blog post, SIGN UP NOW for Dr. Jamie’s “Work it Out – Relationship Tips” emails packed with practical, helpful, and fun relationship guidance that you can use to make your relationships work. 

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by Jamie C. Williamson, PhD

Many people started out the New Year thinking about getting a divorce, even if they didn’t realize it at first.

People rarely include “get a divorce” on their list of resolutions. Instead, divorce becomes the unhappy (but necessary) by-product of resolutions like “This is the year I’m going to have the courage to change the things I can”…..  Or  “This is the year I’m going to start taking care of my own needs and quit trying to get my spouse to change”….Or “This is the year I’m going to stop playing these games and start a new  life — before it’s too late. ”  …or some other version of:  “This is the year I’m going to find a way to be happy”.

These are familiar resolutions, with the thought of divorce often hidden by the worthy intentions to make a better life. So, it follows that divorce filings peak during the post-holiday season, particularly in January and March.  The January spike derives from couples who do their best to get through the holidays for the children’s sake, and then act on their joint decision to divorce after the holidays.  The March uptick can be traced to individuals who decide they want a divorce before or during the holiday period but choose not to tell their spouse until after the holidays.

Sometimes, of course, people hang on to their last bit of optimism and believe that the holiday magic will rekindle their marriage flame. But, that rarely happens.  Instead, fake holiday warmth and cheer provides a stark contrast to true holiday joy.

And, by mid-January many distressed people decide to either stick with their resolve to take action or to resign themselves (and their spouse and children) to another game of charades or worse yet, family feud.

If you have resolved that “this is the year you create a better life for yourself and your family” you may have also reached the painful conclusion that getting a divorce is the best (and maybe only) option that will promote your future emotional and psychological well-being, and that of your spouse and children.

If so, your next step is to determine which of the four paths to a legal divorce is right for you and your circumstances: You can choose the Do it Yourself Divorce, the Pre-Suit Pro Se Divorce (with a mediator, but not attorneys), the Pre-Suit Divorce (with attorneys and a mediator), or the Attorney Driven Divorce.

To decide which path will serve you best, answer the following questions:

(1A) If you have children, what type of divorced parenting partnership is in the best interest of your children.  For most people, the answer to this question is either “Facilitating Friends” or “Accommodating Allies”, both of which involved high levels of good will and cooperative communication.  Read more about type of Divorced Parenting Partnerships here.

(1B) If you don’t have children, would you and your spouse like to remain on friendly terms?

If you want a friendly divorce, you could select from among the Do It Yourself, Pre-Suit Pro Se (without attorneys), or the Pre-Suit, with Attorneys.

(2) How complicated are your financial circumstances?

Do you have customary assets like a home, car, bank accounts, and retirement accounts, as well as typical liabilities like a mortgage, car payment, and credit card bills? Or are your finances more complicated, involving a family business, a trust, or a complex investment portfolio?

If you have simple finances and no children, the Do It Yourself may work for you. If you have children and simple/moderately complex assets and liabilities to equitably distribute, then you could choose between Pre-Suit Pro se (without attorneys), or Pre-Suit, with Attorneys. If you have a highly complex mix of assets and liabilities, you may best be served by an Attorney Driven divorce.

(3) What amount of family resources are you able or willing to invest in the divorce process?

The Do It Yourself divorce is the least expensive, but comes with the need to complete complicated forms and work through emotional issues on your own.   If your finances are simple AND you and your spouse are detail oriented, well organized, have a high level of good will for one another and excellent communication and conflict resolution skills, then the DYI option may work for you.

The Pre-Suit Pro Se path (a friendly divorce without lawyers) is also relatively inexpensive.  For example, Pre-Suit, Pro Se fees at Amity Mediation Workshop on Florida’s Emerald Coast range from $1,400 to $3,000, depending on the complexity of your assets and whether or not you have children. The fees may be even less if you qualify for the Court Sponsored mediation program.

For this moderate cost, in the Pre-Suit  Pro Se option your mediator facilitates the emotional discussions and empowers you to reach mutual agreement on all of your current issues. The mediator also prepares your Marital Settlement Agreement , Parenting Plan, and Child Support Guidelines Worksheet.   Many mediators, like those at Amity Mediation Workshop, also include assistance with document preparation and Family Law Forms.  This type of one-stop shop helps simplify and de-stress the divorce process.

The Pre-Suit with Attorneys path is more expensive than a divorce without lawyers, but also typically less expensive and less adversarial than an attorney driven divorce.  Along this path to divorce, attorneys guide their clients’ decision making, but work in a collaborative manner with each other. The mediator works directly with the parties to help them resolve issues and create their Marital Settlement Agreement.

The Attorney-Driven path to divorce is the most expensive and will vary by lawyer and region. According to Lawyers.Com , the average attorney fees for a divorce in Florida are $10,700 and the average total cost of a Florida divorce with attorneys $13,500.   The costs range depending on whether or not children and complicated assets are involved, as well as how acrimonious and protracted the process becomes.

(4) How quickly would you like to complete the divorce process so you can start building a stable future for you and your children?

The DYI divorce could be the quickest, if you have limited/no assets, no children, no problem completing the forms, and high levels of good will and cooperation with one another.

The Pre-Suite Pro Se friendly divorce without lawyers typically involves a one-hour planning session and two weekly 2-to-3 hour mediation sessions.  This means that by utilizing a mediation practice like Amity Mediation Workshop you could resolve all of your issues and be ready to file for a non-contested divorce in about one month.

The Pre-Suite with Attorneys path stretches over a longer time period than the Pre Suit, Pro Se, in large part due to the attorneys’ scheduling and the time they need for advance consultation and preparation with their client.  Still, this path is much quicker than the Attorney Driven path.

The Attorney-Driven path to divorce takes the longest.  According to Lawyers.Com, the average duration of the attorney-driven divorce process in Florida is 15 months and ranges from 7 to 30 months, depending on attorney schedules, the complexity of the case, and the amount of acrimony that creeps into the process.

So you decide.

If you are like most (but certainly not all) people, a Pre-Suit, Pro Se divorce may be your best option:

1. You want to remain friendly with your spouse, especially if you will continue being Parenting Partners.
2. You have typical assets and liabilities that can be equability distributed without complicated legal transactions.
3. You would rather reserve family resources so that you and your spouse have the money you need to start over and build a stable future for yourselves and your children.
4. You would rather move forward deliberately and begin building a happy, stable future rather than be stuck in limbo for a year or more rehashing the past.

At Amity, our guiding philosophy of civility and a friendly approach to facilitating conversations permeates our mediation work. And we embrace an optimism about what people can do with and for each other if they are simply willing to focus on finding solutions that are good for them AND for the others involved in their issues, especially children.  

We know that most couples and families truly value peaceful resolution of issues with as little hurt to those involved as possible.  We hope couples and families can stay together. But, our goal is to help people eliminate distress in their relationships and maintain at peace, whether they stay together or not.

Our approach supports and guides individuals as they work to settle their differences and define for themselves the future of their relationships. If you have decided to divorce, share the Paths to Legal Divorce graphic with your spouse. Decide which option is best for you.  Then, start to Work it Out.

And, let me know if I can help. You’ll find me at Amity Mediation Workshop where we conduct Pre-Suit, Pro Se Divorces in an amicable environment.  Our approach to Divorce Mediation helps you to resolve your issues without another fight and to build a stable future for all involved, especially the children.

P.S.   Deciding whether or not to get divorced is excruciatingly difficult. If you are struggling with that question, and need help working through the decision-making process, read my three-part series titled Should I Stay or Should I Go?    And, let me know if I can help you and your spouse work through the decision together.

by Jamie Williamson, PhD

You know how happily married couples love to share the story of how they met, complete with teasing about fun little details?  These are usually well-rehearsed tales, in which both spouses end up being heroes of their own, happily-ever-after love story.

Well, divorcing couples also want to share the story of their divorce, as well.   Of course, divorcing spouses tell these tales separately and quite often provide dramatically different accounts of their path to divorce.  Most of the time they aren’t lying or delusional.  They just punctuate things differently.  Here’s a common example:

Beth:  I made the choice to stay home and raise my kids. My husband was a workaholic who would rather spend time working than with me and the kids.  He’d make it home for family dinners but then left me alone to work in his office nearly every week night and Saturday he had his chores. On Sunday all he wanted to do was relax and watch a movie or the game.  I was bored and felt unappreciated.   So, I, of course found myself a real man who makes time for me and thinks I’m interesting and special.  My husband was so clueless that he was actually surprised when I told him.  

David:  My wife wanted to be a “stay at home mom” and I agreed.  But, to provide the kind of home and college savings we wanted, I had to work hard and continually advance in my career.  I was happy to do it for her and the kids.  It was a point of honor for me that I was able to provide for them.  When I did get time at home, I wanted to tackle the “honey dos” and just hang out with her and the kids.   But, she wanted to be wined and dined every weekend.  I just didn’t want to have to try that hard to be happy.  I love my wife and kids. I am a good dad and I was a faithful husband.  I wanted a family life.  But, that wasn’t enough for her.  I was completely shocked when she announced she was leaving me for another guy. 

As a Divorce & Family Mediator, I hear these stories all too often.  In situations that involve emotional or physical abuse, one spouse often truly is the villain.  But, most divorcing couples are like Beth and David – they lived in two different, parallel marriages and experienced two very different paths to the end of their relationship.  These different perceptions and the vilification of each other typically metastasize into hardline positions that make the divorce process much more tedious and difficult than it has to be.

Imagine the fighting that ensued after Beth’s very one-sided announcement that she was leaving the marriage to be with another man.  Imagine the long expensive court battle.  Imagine the impact on their children and themselves.

So, how can this be avoided?

The most obvious answer is, once Beth and David first realized they were perpetually repeating the same conflict, they should have had the heartfelt conversations needed to promote mutual understanding and find a way to solve their truly solvable problem.  If they weren’t able to do this themselves, they could have done it through a few sessions of Marriage Mediation, which if done well, can truly make your marriage work again.

But, of course, many people contemplating divorce think they’ve past the point of no return on their path to divorce.  They believe that divorce is inevitable, and actually necessary for them to have a happy future.

When divorce seems like the best and only option, spouses can dramatically impact the quality of their divorce process by initiating the divorce using a strategy called the Negotiated Farewell.  This approach is (a) private (does not involve family members, friends, or lovers); (b) direct (e.g. I’m unhappy); and, also (c) mutual because it allows the time required for both spouses to feel that the divorce is a mutual decision.  During their Negotiated Farewell couples actually jointly construct the story of the end of their marriage.

The Negotiated Farewell isn’t for emotionally immature or combative people.  It requires empathy, cooperation, the willingness to listen, and the parties have to care less about “winning” or being “right” and much, much more about building a stable post-divorce life for all involved, especially the children.

In the end, the couple’s publicly disclosed story of their divorce often is as simple as:

Beth and David: There is no bad guy. We’ve tried everything but neither one of us is happy. We decided to part as friends, and focus on being good parents to our kids so they still see us as a family – regardless of how our family might change overtime.

This may not be a fairy tale ending for Beth and David, but it is one where they can both be heroes in their divorce story and they both have a chance at a happily-ever-after divorce.

If you are contemplating divorce (and are not afraid for your personal safety), look over the Divorce Initiation Strategies here.  Think carefully before you use a strategy other than the Negotiated Farewell or the second most successful, “We need to talk”.  If your partner won’t negotiate with you, this “We need to talk” approach is the best you can do.  Any other strategy can quickly turn the story of your divorce into a tragedy.

If you truly want to part amicably, have a friendly divorce, avoid a messy, painful process, and focus on building a stable, happy future for all involved, then share this post with your spouse and suggest that the two of you participate in Divorce Mediation in order to work it out.

Done the Amity Mediation Workshop way, Divorce Mediation helps couples to recalibrate their approach to communicating with one another while they also negotiate all of their parenting and financial issues.  That’s why we call it Amity Mediation Workshop.

Let me know if I can help.

 

by Jamie C. Williamson, PhD

If you have decided that getting a divorce is the best (and maybe only) option that will promote your future emotional and psychological well-being, and that of your spouse and children, your next step is to determine which of the four paths to a legal divorce is right for you and your circumstances.

To decide which path will serve you best, answer the following questions:

(1A) If you have children, what type of divorced parenting partnership is in the best interest of your children.  For most people, the answer to this question is either “Facilitating Friends” or “Accommodating Allies”, both of which involve high levels of good will and cooperative communication.  Read more about types of divorced Parenting Partnerships here.

(1B) If you don’t have children, would you and your spouse like to remain on friendly terms?

If you want a friendly divorce, you could select from among the Do It Yourself,  Pre-Suit Pro Se (without attorneys), or the Pre-Suit, with Attorneys.

(2) How complicated are your financial circumstances?

Do you have customary assets like a home, car, bank accounts, and retirement accounts, as well as typical liabilities like a mortgage, car payment, and credit card bills? Or are your finances more complicated, involving a family business, a trust, or a complex investment portfolio?

If you have simple finances and no children, the Do It Yourself may work for you. If you have children and simple/moderately complex assets and liabilities to equitably distribute, then you could choose between Pre-Suit Pro se (without attorneys), or Pre-Suit, with Attorneys. If you have a highly complex mix of assets and liabilities, you may best be served by an Attorney Driven divorce.

(3) What amount of family resources are you able or willing to invest in the divorce process?

The Do It Yourself divorce is the least expensive, but comes with the need to complete complicated forms and work through emotional issues on your own.   If your finances are simple AND you and your spouse are detail oriented, well organized, have a high level of good will for one another and excellent communication and conflict resolution skills, then the DYI option may work for you.

The Pre-Suit Pro Se path (a friendly divorce without lawyers) is also relatively inexpensive.  For example,  fees for a friendly, Pre-Suit, Pro Se divorce at Amity Mediation Workshop on Florida’s Emerald Coast range from $1,400 to $3,000, depending on the complexity of your assets and whether or not you have children.

For this moderate cost, in the Pre-Suit  Pro Se option your mediator facilitates the emotional discussions and empowers you to reach mutual agreement on all of your current issues. The mediator also prepares your Marital Settlement Agreement , Parenting Plan, and Child Support Guidelines Worksheet.   Many mediators, like those at Amity Mediation Workshop, also include assistance with document preparation and Family Law Forms.  This type of one-stop shop helps simplify and de-stress the divorce process.

The Pre-Suit with Attorneys path is more expensive than a divorce without lawyers, but also typically less expensive and less adversarial than an attorney driven divorce.  Along this path to divorce, attorneys guide their clients’ decision making, but work in a collaborative manner with each other. The mediator  works directly with the parties to help them resolve issues and create their Marital Settlement Agreement.

The Attorney-Driven path to divorce is the most expensive and will vary by lawyer and region. According to Lawyers.Com , the average attorney fees for a divorce in Florida are $10,700 and the average total cost of a Florida divorce with attorneys $13,500.   The costs range depending on whether or not children and complicated assets are involved, as well as how acrimonious and protracted the process becomes.

(4) How quickly would you like to complete the divorce process so you can start building a stable future for you and your children?

The DYI divorce could be the quickest, if you have limited/no assets, no children, no problem completing the forms, and high levels of good will and cooperation with one another.

The Pre-Suit Pro Se friendly divorce without lawyers typically involves a one-hour planning session and two weekly 2-to-3 hour mediation sessions.  This means that by utilizing a mediation practice like Amity Mediation Workshop you could resolve all of your issues and be ready to file for a non-contested divorce in about one month.

The Pre-Suit with Attorneys path stretches over a longer time period than the Pre Suit, Pro Se, in large part due to the attorneys’ scheduling and the time they need for advance consultation and preparation with their client.  Still, this path is much quicker than the Attorney Driven path.

The Attorney-Driven path to divorce takes the longest .  According to Lawyers.Com, the average duration of the attorney-driven divorce process in Florida is 15 months and ranges from 7 to 30 months, depending on attorney schedules, the complexity of the case, and the amount of acrimony that creeps into the process.

So you decide.

If you are like most (but certainly not all) people, a Friendly, Pre-Suit Pro Se divorce may be your best option:

1. You want to remain friendly with your spouse, especially if you will continue being Parenting Partners.
2. You have typical assets and liabilities that can be equability distributed without complicated legal transactions.
3. You would rather reserve family resources so that you and your spouse have the money you need to start over and build a stable future for yourselves and your children.
4. You would rather move forward deliberately and begin building a happy, stable future rather than be stuck in limbo for a year or more rehashing the past.

At Amity, our guiding philosophy of civility and a friendly approach to facilitating conversations permeates our mediation work. And we embrace an optimism about what people can do with and for each other if they are simply willing to focus on finding solutions that are good for them AND for the others involved in their issues, especially children.  

We know that most couples and families truly value peaceful resolution of issues with as little hurt to those involved as possible.  We hope couples and families can stay together. But, our goal is to help people eliminate distress in their relationships and maintain peace, whether they stay together or not.

Our approach supports and guides individuals as they work to settle their differences and define for themselves the future of their relationships. If you have decided to divorce, share the Paths to Legal Divorce graphic with your spouse. Decide which option is best for you.  Then, start to Work it Out.

And, let me know if I can help.

P.S.   Deciding whether or not to get divorced is excruciatingly difficult. If you are struggling with that question, and need help working through the decision-making process, read my three-part series titled Should I Stay or Should I Go?

by Jamie C.  Williamson, PhD

Sometimes divorced parents must sacrifice their own desires to act in “the best interest of the children”. 

Here’s an example.  My neighbor is a divorced Mother in an exemplary co-parenting relationship with the Father of her children.  This is his week to be with their kids.  He’ll have them all week until Saturday at 6 p.m. when he will take them to their mom’s house so they can wake up with her on Mother’s Day. That’s his Mother’s Day gift to her and to his children.

This is an obvious, appropriate choice for most of us. And, of course, she does the same for him when Father’s Day falls on her weekend.

Do they want to cut their parenting time short? Of course not!  But they will because they know it is in the best interest of their children to have a strong, loving relationship with both their Mom and their Dad.

And they are right.   In most cases (and there are obvious exceptions) the “best interests of the child” include having a close, loving relationship with both parents.

Ideally, all children would grow up with parents who worked together (whatever the family configuration) to ensure and encourage their child’s physical and mental well-being, happiness, security, intellectual growth, and socio-emotional development.

But, accomplishing this ideal requires a great deal of effort and self-sacrifice in the best of circumstances.  And it can be particularly difficult for parents who are contemplating divorce, in the middle of a divorce, or already living separate lives.  How do these parents balance their own happiness and well-being with their children’s best interests?

Florida Family Law Statutes 61.13(3) codify the factors that determine “the best interest of the child” in child custody disputes and the courts consider an amalgamation of these factors when making decisions about custody.  One key example is the demonstrated capacity and disposition of each parent to facilitate and encourage a close relationship with the other parent.  And there are 19 other considerations including, the developmental needs of the child, the parent’s capacity to be involved in the child’s school and extracurricular activities, and the demonstrated capacity of each parent to act on the needs of the child as opposed to the needs of the parent.

Fortunately, parents can also consider these criteria on their own or during mediation to work out a parenting arrangement that is in the best interest of their children based on their own unique circumstances.

This week I learned of a divorced mother who agreed to relocate to where her children’s Father was being transferred so that her children could have a meaningful relationship with their Dad.  I also learned of a divorced mother who plans to remain living near her children’s dad, rather than move out-of-state with her fiancé.  She’ll have a long-distance new marriage so that her children won’t lose regular and frequent contact with either of their parents.

These are exemplary Mothers, who — without a court order — agreed to sacrifice their own self-interest to do what they know is in the long-term best interest of their children.  And, of course, there are many other divorced mothers whose choices were less dramatic, but the outcome is still the same.  These Moms cooperatively adjust their own schedules to share parenting with their children’s Fathers in various arrangements that serve the best interest of their children.

Let’s applaud all parents (and parent surrogates) who make sacrifices on behalf of their children every day.   Let’s give a special ovation to those divorced parents who sacrifice their own self-interests so that their children can have a relationship with both of their parents.

If you’re struggling to decide what type of parenting plan is in the best interest of your children, you might find mediation as an amicable way to “work it out”.   Let me know if I can help.

You’ll find me at Amity Mediation Workshop, where we facilitate Divorce, Family, and Civil Meditations.  We also conduct co-parenting psycho-educational sessions that provide divorced co-parents with a tool kit for handling conflict and a safe place to learn new ways to communicate with each other. We help co-parents discover the Co-Parenting Partnership Type that is right for their circumstances and set them on a path toward building a stable future, rather than be stuck rehashing the past.