marriage

On the Precipice: Choosing to End Your Marriage AND Preserve Your Family

June 9, 2020 by Inside Press

And the time came when the risk to remain tight in a bud was more painful than the risk it took to blossom.

Anais Nin (quoted in Broken Open: How Difficult Times Can Help Us Grow by Elizabeth Lesser)

Well darkness has a hunger that’s insatiable
And lightness has a call that’s hard to hear
I wrap my fear around me like a blanket
I sailed my ship of safety ’til I sank it
I’m crawling on your shores

The Indigo Girls, Closer to Fine

By Neil Kozek, Esq. and Michelle Lewis, Esq.

No matter how we feel about our marriage, choosing to divorce can be terrifying. Remaining in an intact nuclear family is a source of tremendous comfort, providing stability, certainty, and social acceptance that may feel impossible to replicate outside its confines.

On the other side of divorce, we may be unable to imagine that an exciting, rewarding, or happy new life awaits us. While that new life may present opportunities to realize our most desired and passionate dreams for ourselves, the fear of the unknown may also be a source of mystery and anxiety. Peering over the edge of our known lives, we may only be capable of seeing darkness. Should we jump into the icy waters of the unknown? Or should we stay in our lives, unfulfilled, but safe?

There is something about ending our marriage that frightens us to our core: if we are not a member of our family unit, not someone’s wife or husband, then who are we? If we do not share a home with our children every day of their childhoods, are we still a full-fledged parent? The prospect of divorce may fill us with shame and guilt as well as uncertainty.

Another obstacle to making the decision to divorce is our fear of the divorce process itself. We have all known or heard about family, friends, and even celebrities who have been consumed by their divorces, their lives going up in bitter flames of hate, judgment, and disgrace. We have heard the cautionary tales about attorneys who prey on vulnerable clients, promising them the sun, the moon and the stars, and their spouse’s head on a spit, only to leave them alienated from their own children, broke, and bereft. Sometimes it feels like even the most uncomplicated divorces become unnecessarily nasty, expensive, and protracted.

A traditional divorce process can give the more monied spouse the ability to exercise financial control by withholding support, transferring or wasting assets, and engaging in soul crushing litigation over every issue. Likewise, it can give the primary caregiver of the children the opportunity to play the role of victim, persuading the children that the other parent is selfish, cruel, or even dangerous. These fears are not unfounded, and many families unwittingly find themselves crushed and broken by the powerful tides of divorce litigation.

We have all heard that children whose parents are divorced come from “broken” homes. Parents who are divorced are “single” parents. The prevalent images in our culture surrounding divorced families are images of sad and unsupervised children, torn between embittered, frazzled and lonely parents. It is common knowledge that these children are at risk for educational, social, and emotional distress and failure to reach their potential. Who would choose this for their children? Persuaded by these pervasive images and beliefs, it is understandable that many unhappy couples have decided that the price of personal freedom at the potential expense of their children’s wellbeing is too high. Staying married seems to be the safest course.

Divorce, however, does not have to extract this kind of cost. Not only can you eschew the highly adversarial litigation process; if you and your spouse are aligned, you can preserve your family and protect your children’s wellbeing. Closing the door on the chapter of your lives in which you lived under one roof is certainly painful and sad, but it is not the end of your family’s story. As one door closes, a new one opens, and you and your spouse can begin a new chapter as co-parents in separate homes who support one another and coordinate your children’s care with maturity and respect.

The first and most important step is to have a frank discussion with your spouse about your decision to end the marriage and your goal of doing so in an out of court process that preserves and strengthens your ability to parent your children together. If you can agree on these goals, then the next step for each of you is finding and selecting an attorney who understands and supports your goals. Look for attorneys trained in collaborative divorce or mediation, as they will have the necessary tools, techniques, skills, commitment, and experience to help you restructure your family without destroying one another or your children.

In collaborative divorce, you and your spouse will meet with your attorneys and often will work as part of a team with a financial neutral and a trained mental health professional. Collaborative divorce may appeal to you if you want to have an attorney safeguarding your interests in the room during negotiations, if your finances are complex and the knowledge you and your spouse have about the finances is unequal, or if you feel that overwhelmingly strong emotions might derail a settlement without the assistance of a trained professional.

In mediation, you and your spouse will typically meet with a mediator who does not represent either of you but is trained to facilitate dialogue concerning your interests and to assist you in generating and choosing the best options to settle your case. Mediation is particularly well suited to couples who share financial information, have comparable levels of financial sophistication, and have some reservoir of trust in one another. It can also be an excellent choice for couples who substantially agree on parenting issues or whose children are grown. Be mindful that mediated agreements should always be reviewed by independent attorneys for each spouse. In either process, trust is going to be an important factor.

So as you stand uncomfortably on what may feel like the precipice of a high cliff, whipped by the winds of indecision as to whether to leave your marriage, know that if you decide to plunge, you do not have to be shattered on the rocks or tossed by the frothy waves below. If you and your spouse choose your attorneys and your divorce process wisely, you can successfully separate with dignity and respect, your relationships with your children intact and your finances preserved.

Mr. Kozek is a litigator, collaborative attorney, and founding member of Kramer Kozek LLP, a boutique Matrimonial Law Firm practicing in suburban and metropolitan New York City. He is a Fellow of both the American Academy of Matrimonial Lawyers (AAML) and International Academy of Family Lawyers (IAFL), a pioneer of New York’s trend toward out-of-court dispute resolution which includes founding the New York Association of Collaborative Professionals (NYACP )and serving on the Board of Directors of the International Academy of Collaborative Professionals (IACP). Mr. Kozek has been recognized in Best Lawyers in America, Top 25 attorneys in Westchester County, and is rated “AV” by Martindale Hubble as pre-eminent in both ethical standards and legal ability. He lectures and has written extensively on the topics of divorce, Collaborative Practice and Alternative Dispute Resolution (ADR).

Ms. Lewis is also a member of Kramer Kozek LLP where she concentrates her practice exclusively on Matrimonial and Family Law matters, focusing on Collaborative Divorce, Mediation, Mediation Review and Litigation. She currently serves on the Board of Directors of the NYACP. Ms. Lewis began her career in ADR while focusing on Family Law and earning her Juris Doctorate from Harvard University prior to joining Kramer Kozek. Ms. Lewis recently received accolades for her pro bono service to separated and divorcing spouses from the Legal Services of the Hudson Valley. Ms. Lewis has been practicing law since 1998.

Mr. Kozek and Ms. Lewis are both active members of the Family Law Sections of multiple bar associations including the Westchester County, Westchester County Women’s, American and the New York and New Jersey State Bar Associations. Both have been recognized for their achievements in Collaborative and Family Law by New York Metro Super Lawyers.

For additional information about Neil and Michelle or to learn more about Kramer Kozek LLP, their website is kramerkozek.com and the firm’s main number is 914-683-3500.

Understanding the Key Ingredients for a Successful Marriage

March 5, 2017 by Danika Altman, Ph.D.

When you commit to marriage, you intend to take on the most meaningful project of your life. All projects take work but why are some couples happy and others miserable in the process? While chemistry and romance play a part some couples work together more successfully than others. Being open to the following ways of relating is likely why.

Paying Attention

When you pay attention to each other, you become aware of each other’s moods and preferences. Paying attention to each other’s thoughts and feelings enables you both to intuit and address each of your needs. When you feel seen and heard by your partner, you feel valued and special.

Considering Differences

Opposites tend to attract. Your personalities may be complementary, but they also may be polarizing. When they are polarizing, you feel angry and frustrated. Rather than try to prove your way is better, think about why you approach the same problem so differently. Just the effort of considering rather than judging your partner’s point of view will likely feel very meaningful to him or her. Sometimes a husband or wife asks me dumbfounded, “Why can’t my spouse do it the way I would?” Asking a question instead of reaming your spouse for doing it “wrong” engenders a discussion.

Feedback is helpful. Criticism is alienating. When your spouse makes an accusation or complaint it is quite helpful to consider whether it has some validity. You can then decide if you are wed to your way or wed to your spouse.

Working as a Team

Teamwork is about good communication, patience, and encouragement while combining your skills to work together toward a mutual goal. It involves listening, considering what has been expressed, and responding with ideas that take into account both of your perspectives. Sometimes arguing is necessary to find solutions, but arguing to hurt or prove the other person wrong is hurtful and divisive.

The experience of love and hate in the process of finding a mutually satisfying solution actually keeps relationships vital. If you stay on the same side believing that you both have good intentions you will be kinder to each other. A happy marriage requires negotiation and at least some compromise. Finding a mutually gratifying solution or taking turns giving in allows you to recognize and appreciate the sacrifices you make for one another.

If you feel alienated, it’s likely one or both of you is engaging in unhealthy ways of coping. Inflexibility, giving up, blaming others, denying problems or abusing alcohol and drugs are some examples of unhealthy coping. One trap is turning to friends or family to gain support for negative feelings toward your spouse. More often than not this increases defensiveness, arguing and discord.

Giving and Gratitude

The spirit of giving and gratitude also works to keep couples together. Expressing appreciation for the ways in which you prioritize meeting each other’s needs engenders positive feeling. Expressing gratitude for the ways you take care of your household together can make chores feel less burdensome. Feeling taken for granted, results in withholding, anger and hopelessness. A relationship based on giving and gratitude and shared responsibility engenders cycles of reciprocity rather than resentment.

Being Flexible

If you both stay flexible, conflicts resolve more easily. Try to think about why you may be holding hard and fast to a belief. If you both dig in your heels and fight about whose way is right, it will be harder to resolve the problem. If either spouse asserts: “I am not going to change. You need to accept me for who I am,” he or she is not working toward the greater goal of mutual happiness. Unhappy couples are resigned to the idea that “people do not change” so they act and react to each with anger, passive aggression, stubbornness, and resignation.

Offering Friendship

Ask yourself what do you like about friendship? Companionship, laughter, support, fun, and good natured competition are typical answers. Good natured competition means the goal is to admire the winner and take losing in stride. Couples that spend time together sharing activities like playing a sport or even watching a TV series feel identified and connected. Spouses who share the benefits of friendship are happier.

Couples who succeed are the ones who face life challenges feeling like a good team. If you resolve your conflicts, generate solutions together, and reach your mutual goals, you will continue to feel satisfied and happy in your marriage. When you value each other, and enjoy each other, you know you are better together than apart.

Danika Altman, Ph.D., is a clinical psychologist in private practice with adolescents, adults, and couples. She also works as a management skills and interview preparation coach. She has offices in Pleasantville, NY, and in Manhattan.

What Have You Done For You, Lately?

April 24, 2013 by The Inside Press

“Friends keep me sane and grounded,” says Miriam. To the left of Miriam (l-r): Buddies Amy Mittelstadt, Jennifer Cahill and Genine Coccoli DiFalco.

Are you in a holding pattern caused by loneliness? Anyone can experience the painful awareness of not connecting with others–married or single. Strong, competent women rationalize being treated poorly by awful men to avoid loneliness. Others in healthy relationships feel isolated by the lack of true friendships outside that relationship. Loneliness is a state of mind that can be changed by connecting with yourself first.

My most profound loneliness was being in a marriage I had outgrown. After being married several years with two young children, I had drifted away from many of the friends I had growing up and in my early 20s. My emotions were in turmoil and I had nobody in whom to confide. Despite our sporadic socializing we reconnected immediately and I began rebuilding other friendships I had neglected over the years. My friends gave me strength to pursue my divorce and that step empowered me to start questioning what I want to do with the rest of my life.

If you are not doing things to fulfill all parts of your self–intellectually, physically, and spiritually–you are not truly living. For years, I coasted on auto pilot. I worked, took care of my kids and collapsed exhausted each night. I realized I wanted more and started setting goals. I have the same 24 hours in my day as anyone and I work full time, juggle the busy lives of two teenage girls and my own social life, yet I don’t just come to life on weekends. I ensure there are things I do for my mind, body and soul each day. What have you done for you lately?

Dinners and nights out with my friends are a given, but I belong to the Jacob Burns Film Center and enjoy seeing films alone. Running makes me feel good and that led to running marathons. Travelling the world alone connects me deeply to the moment and myself–quite the opposite of lonely. Between family, work, travelling and socializing, I met a guy. We clicked instantly and became involved. While happily enjoying my life I met someone, exactly how all the magazines said it would happen. My happiness was short-lived, however, when things ended abruptly six months later. Yes, I was sad, but I rechannelled that sadness into a freelance writing career which fulfils me creatively. Changing grade levels after 18 years challenged me professionally.

Can I pursue all things, all the time? No. Life is a balancing act. Deciding to learn a new curriculum meant publishing fewer articles, but planning new, creative lessons and teaching older students fulfills me in new ways. Some weeks I’m too busy to run as much as I ‘d like so I read or watch a movie. Actively pursuing things I enjoy gives me more energy than I had as a young mother, and strong friendships transcend any romantic relationship. So how can you reconnect with yourself and your old friends?

Take that first step. Send that message to someone you have been meaning to contact. Suggest after work drinks with colleagues and widen your social network.
Join a social website. Meetup.com has groups for any interest. Some are geared toward singles but I suggest finding groups geared to your own interests or create your own group!
Select an interest or two and devise a plan. If it’s travel, calculate costs and plan your trip. Thinking about learning a language, or taking a cooking or photography class? Check out Chappaqua Continuing Education or other community or city options.
Exercise regularly. Vary your exercise routine to avoid a plateau and remain physically challenged. Don’t belong to a gym? Put on headphones and go for a walk. Endorphins, those “feel-good” hormones released during exercise, are real!

Sometimes friends and pursuing goals are not enough and what began as loneliness veers into depression. If you feel overwhelmed, seek help. A professional, outside perspective can help you view life differently.

Loneliness is not a permanent state but only you initiate change. Make the time for things that bring you joy and the richness of your life will overflow. Happiness is magnetic, and while you’re busy living your fabulous life you might find that special person, just like all the magazines say it happens.

Miriam Longobardi is a freelance writer, fourth grade teacher and single mother of two daughters living in Westchester. wA breast cancer survivor, she also volunteers for the American Cancer Society and has completed four marathons. Also, check out her weekly New York Modern Love column at Examiner.com.