David and Jane Sweeney’s divorce sounds too good to be true.
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Despite ending a 15-year marriage a couple of years ago, they remain on remarkably good terms.
David came over to watch the Super Bowl with Jane and their kids. They still celebrate major holidays together. Instead of referring to one another as “ex” spouses, they say "former." It sounds kinder. They recently went out for a Valentine’s Day dinner with their younger children.
David said he had struggled with alcoholism for several years during their marriage. After Jane filed for divorce, he quit drinking.
The secret to their post-breakup harmony? They say the method of separating they chose, known as collaborative divorce, laid the foundation for an amicable co-parenting relationship.
Collaborative divorce is a lesser-known option that is gaining popularity, according to family law attorneys who specialize in it. It involves bringing several people to the table along with the couple: an attorney for each spouse, a financial expert, a mental health specialist and a child advocate. Both parties agree from the beginning that the goal is to avoid having their issues made public and taking them before a judge. The tone is conversational and cooperative -- not adversarial.
“It’s a much different dynamic from the start,” said Allison Gerli, lawyer with the Center for Family Law in Clayton, Missouri, who was involved in the Sweeneys’ divorce.
Jane said seeing her own parents and grandparents go through divorces that ended in warm and welcoming relationships with their former partners motivated her to try for the same thing. She’s not a confrontational person by nature, and both she and David wanted the best possible outcome for their children. Even though the dissolution of a marriage is painful, they didn’t want to hold grudges. The goal of collaborative divorce is to work through those feelings, resolve the outstanding issues and make it to the other side.
This is how their process unfolded: About once a month, the entire team got together to work on a specific issue such as finances, child custody or some other aspect of the negotiations. If the topic is finances, for example, both parties bring the necessary documents, and the financial expert helps work through their concerns and goals. Instead of just attorneys talking to one another, the meeting is an open and transparent discussion with all parties engaged.
“It doesn’t mean people are not having emotional moments or heated conversations,” Gerli said. “We are not sidestepping them. But they are supported in having them.”
The Sweeneys’ divorce took about six months to complete. David said having experts in the room who helped them navigate issues around their feelings helped keep things on track.
“It’s kind of a hippie-dippie thing,” he joked. “I rolled my eyes probably more than I should have.” But he credits the process for enabling the successful co-parenting relationship and strong friendship he and Jane have now. They are mindful about how they talk about one another in front of their children and are still welcomed by each other’s extended families.
It isn’t the most affordable divorce process, but it’s less expensive than litigation.
“It wasn’t cheap,” David said. “But I felt it was fair.”
He said even when divorcing couples are committed to being respectful toward one another, the situation is still very difficult.
“(Collaboration) is making the best of a bad thing,” he said.
I wondered if only couples as emotionally intelligent as the Sweeneys could use this approach.
Cynthia Garnholz, a family law attorney who also worked with the Sweeneys, said every divorcing couple has some bitter or angry feelings. This process is not just for people who start out on good terms with one another, she said.
Jane said she and David get along much better since they are no longer married and living under the same roof.
Life is too short to hold onto negativity, she added.