Break the [wounds + unawareness] cycle and guard your descendents

Resolve Lose-lose Legal Battles
Between Divorcing Parents

Clarify the surface and primary
problems -
p.2 of 2

By Peter K. Gerlach, MSW
Member NSRC Experts Council

  • home > site overview > site map, directory, or search > Q&A,  Solutions index (ex mates), or prior page > p. 1 > here

The Web address of this two-page article is http://sfhelp.org/Rx/ex/legal.htm

Continued...

colorbutton.gif Options

        Based on the above, you can choose to promote long-term co-parental teamwork by...

  • intentionally healing from past legal fights,

  • working to end current legal fights, and...

  • avoiding new ones.

Your odds for achieving these goals rise if (a) your Self is in charge of your personality, (b) you accept your stepfamily identity, (c) keep a steady, long-range  view, and (d) you’re applying the ideas in Project 10 toward building the best co-parenting team your circumstances allow. If these factors aren’t true for you yet, I suggest you work on them first.

        Let's look at each of these three options...

1) Heal From Past Legal Fights

        If your legal divorce process was significantly antagonistic, or you’ve had rancorous legal fights since then, you parents probably have some major resentments, guilts, and regrets to release. Do you? These are probably part of a larger set of residual stressors from your years together.

        A key first step here is affirming the specific long-term benefits to you and your kids of healing your half of these stressors. Doing so can nourish your self-respect and serenity. It can also help improve co-parenting teamwork, end current court fights, and avoid new ones.

        Another key is whether you see this as my healing project or ours. Can you see you two ex mates as dignified, wounded, unaware parenting partners who both love your kids and want to nurture them? Do you want to value your ex spouse’s needs, feelings, and dignity as equal to your own, despite major disputes?

        If you don’t yet, shift your efforts to this if your true Self is guiding you. Otherwise, work at Project 1. What specific stressors do you want to release? What blocks you from doing so? Your answers probably depend on whether you initiated past legal combat, or your ex did. Whichever is true, if you approach this as our healing project, your targets probably include some or all of these:

        1) A mutual-blame mindset: “The legal trauma was your fault! “No, it was yours!” I suspect you both caused the suit/s because of unseen false-self wounds + unawarenesses + ineffective communication. Rancid blame may extend to relatives or friends who sided “against me.” Usually toxic shame and guilt block admitting your half of this. If so, see Project 1, and these articles on relating to wounded people and forgiveness for perspective and options.

        2) Disrespect: your legal combat probably increased the reasons you scorn or pity each other as persons, mates, and/or parents. Within the larger goal of regaining respect and compassion for each other, see if there are specific legally-related actions each of you took that your Inner Critics delight in reviewing. Focus on them one at a time, and see if the linked articles above offer useful ways to let go of scorning or pitying yourself and/or your ex.

        3) Resentment and anger: Do you periodically replay your favorite court-related outrages and nourish old resentments? If so, how does that help build the teamwork your kids need from you both? If you “can’t help it,” a false self surely rules your personality. Work on Project 1.

        4) Distrust: my compassionate hunch is that both you parents increased various distrusts of yourselves and each other because of past legal combat. If so, it may help to identify specifically what you distrust/ed, and then clarify specifically what you need to rebuild now to help nurture your kids.

        5) Reality distortions: it’s common for wounded co-parents whose hostility or guilt goes public (as in a courtroom) to mis-assume, misinterpret, and misjudge the attitudes, motives and behaviors of their opponent/s – specially if there’s little real listening going on.

      If you parents can reduce the barriers above enough, you’ll reach a point where you can review what you each thought was happening, and correct major distortions. The goal is not to vindicate or justify, it is to remove sources of ongoing resentment, hurt, disrespect, and anger.

        6) Blocked grief: legal battles between parents always cause or amplify important losses for all involved family members. Option: meditate on what you each lost because of each legal dispute, and use Project 5 resources to assess how you each are progressing at mourning your losses. 

      Do the same for each of your children, and perhaps key relatives. Blocked grief is a sign of false-self dominance and a low-nurturance ("anti-grief") environment. It often promotes “endless” resentment, anger, "depression," and avoidances.

        The decrees and orders of past legal fights may add to these losses – e.g. unwanted and “unfair” visitation, custody, and financial constraints. If so, who's responsible for reducing such stressors, and what prevents you from doing your half, for your kids’ sakes?

        Besides healing from past legal contests, you partners share the option to…

Learn From the Past

        You can (a) try to "forget" your court fights, (b) endlessly obsess about them, or (c) learn from them. To do so, your Self (capital "S") must be solidly in charge of your other subselves. Learn what? Reflect honestly on core questions like these...

Q1: “Specifically how did my ex and I each cause lawyers to get involved?" Dig down below generalities like "We just couldn't agree" (ask "Why not?") to specifics like "Because s/he and I don't trust or respect each other, and neither of us can listen to the other without getting angry (losing our true Self)." Recall: this is about learning, not blame!

Q2: "Was my Self initiating or responding to the legal action? How do I know? To answer this accurately, you'll need to have progressed well on Project 1. You'll also be able to answer "Was my ex mate being controlled by a false self in initiating or responding to our legal conflict?"

Q3: "How did the process of the court conflict affect each of our minor and grown kids, specifically?" Option: list benefits and stressors.

Q4: "What did each of our kids learn about interpersonal conflict-resolution from their perception of our legal fights? Is this what I want them to learn?"

Q5: "All things considered, was the time, effort, and money we both put into our legal fights a net plus in my and our kids' lives? Would I do it again?"

Q6: "How would my ex answer these?"

        Meditation, journaling, and/or exploring questions like these with an objective counselor or therapist can raise your awareness of what your legal conflicts and their outcomes mean to you all. That can help motivate you to prevent new legal fights and the long-term stresses and wounds they cause all of you.

        Pause and reflect on your reaction to what you just read. If your self talk is some form of “Yes, but…”, or “I can’t (or won’t)…”, I doubt that your true Self is making your decisions…

2) End Current Legal Battles

        Pause, breathe well, and reflect: do you feel some mix of calm, centered, energized, light, focused, resilient, up, grounded, relaxed, alert, aware, serene, purposeful, compassionate, and clear now? If so, read on – your true Self is probably leading your inner crew. If you don’t feel these, or “anything,” I respectfully suggest you shift to working on Project 1. What follows will only bring practical benefits if your Self is making your decisions!

        If your or a child’s wholistic health is in clear, immediate danger (a subjective judgment), and the custodial parent won’t respect your boundaries or can’t responsibly fill the child's needs, then legal force may be the best short-term choice. Otherwise, I suspect…
  • the surface reasons for your court battle are not the primary reasons (page 1),

  • one or both of you parents is ruled by a false self, and…

  • you’re both too distracted and upset to weigh the major long-term personal and family costs of legal combat against gaining short-term relief.

        Aggressive legal contests and decrees imposed by strangers always increase co-parental distrust, disrespect, guilt, hostility, and family disharmony. Legal suits corrode empathy and compassion, lower the odds for future cooperation, and often increase the toxic blame > counter-blame cycle you’re trying to avoid or end.

        The psychological and financial impacts will detract significantly for many years from the co-parenting teamwork your minor kids desperately need. Legal fights - or the threat of them - will probably add major stress to any new primary relationships. The cumulative effect of your warfare will probably lower the nurturance level of your family. A crude analogy is trying to fix a flat tire by puncturing another tire.

        When you’re approaching your death, will your Future Self look back and say “Our legal fight was the right thing to do.”? Will your grown kids and their kids agree with that?

        Even if you agree with these ideas, I assume you see no better short-term choices, or you feel you’re powerless to dissuade your ex from her or his legal campaign. See if any of the options below offer viable ways to stop your courtroom warfare, and/or to…

3) Avoid New Legal Fights

Premise: by patiently (a) doing co-parent Projects 1 and 2,  and (b) reducing your mix of co-parent-teamwork barriers over time, you parents can nurture your kids without resorting to legal force. Do you agree with that yet? I trust that the short and long-term benefits of doing this are obvious.

        In my experience, troubled parents (and others) ignore both of these vital projects because they don’t know (a) why they're needed, (b) what priceless benefits they bring, and (c) how to do them. Co-parents’ ruling subselves are also usually scared to take full responsibility for their past and present choices and outcomes. Until your Self begins to guide them in true (vs. pseudo) recovery, your other subselves have no reason to trust that a far better life is safely available to them (you).

        To augment your efforts at wound-healing and more effective communication, consider options like these:

        Admit that you are responsible for your decision to initiate or conduct yourself in a legal fight. Lawyers, your ex, or anyone else may have strong opinions, but you are ultimately responsible for your attitudes and actions. If your mind replies "Yes, but...", that's probably a well-meaning Guardian subself trying to protect you without seeing the big picture.

        Validate this truth: hostility and aggression (“I’m 1-up”) causes reciprocal hostility and aggression (“No, I’M 1-up!”). Firm, mutually-respectful assertion has a far greater chance of negotiating genuine win-win compromises. Shame-based false selves stubbornly focus on short term comfort (“winning”), and blame the “enemy” even though aggression harvests counter-aggression. Hiring attorneys is about forcing the other person to comply, which is inherently disrespectful and provocative - do you agree?

        Pay special attention to the concept of digging down below surface problems to discover (a) the primary needs causing them, and (b) who’s responsible for filling them.

        More options for avoiding new legal strife and expense with your ex:

        Accept that when you and your ex (or anyone) try to negotiate child-care conflicts, there may be well over a dozen combined subselves clamoring and arguing for their (different) viewpoints. Note that each "co-parenting conflict" is probably (at least) three simultaneous disputes. That's why it's vital that your true Selves take charge and coordinate your co-parenting negotiations!

        Read Hal and Sidra Stone's useful paperback Embracing Each Other to grow aware of how your and your ex mate’s subselves interact. Then read Deborah Tannen's insightful You Just Don't Understand to broaden your awareness of how typical females and males (like you two) react differently to life. For deeper awareness, read Dr. Anne Moir and David Jessel's paperback Brain Sex, which explains in lay terms why each of us has a "male brain" or a "female brain," and what that guilts, in our relationships.

        Get clear and honest: are you focused on short-term goals like "Get the court to force my ex to increase child support," or long-term goals like "Improve co-parenting teamwork with my ex, for our child/ren's sakes?Short-term legal victories usually cost you long-term teamwork and heartache: all of you adults and kids lose.

        Use awareness skill to learn where you and your ex typically focus: (a) the past, the present, or the future; and on (b) your needs and feelings, the other person's, both , or something else. Focusing together on identifying and filling your respective current primary needs as =/= co-parenting partners will work best for you all long term. Some focus on the past can help to reduce co-parental barriers if you learn from it, and use it to form needed forgivenesses and to grieve.

        Use the Serenity Prayer as you work patiently at these steps. As you do, give yourself permission to rest and stay balanced along the way!

        More options...

        Clarify your main life priorities. Then assess honestly: are your legal-battle choices and actions consistent with your key long-term life goals? Do your recent actions match your stated goals? This is about discovery and healing, not blame!

        Work toward understanding and cooperatively resolving (or avoiding) values and loyalty conflicts and relationship triangles (a) among your subselves and (b) between you and other family members. Legal battles follow and create all of these potent surface stressors. Encourage your other co-parents, involved kin, and key professionals to join you in resolving them. Then teach your kids how to do the same.

        Assess how past and current parental legal battles are affecting your family’s nurturance level. If you’re in a stepfamily, assess how such battles are affecting your biofamily- merger progress (Project 9). Do this to discover and plan, not blame!

        Consider your web of primary team-building barriers, and face that legal combat increases them.

        Another important option you have is to...

        Honestly assess how legal aggression between you parents affects each of your kids. It’s likely to…

  • force them to feel less secure and…

  • impossibly torn in siding with one parent against the other; and will probably…

  • hinder progress with their many developmental and family-adjustment needs.

Unless someone’s safety is clearly at stake, legal aggression teaches your kids that force is the way adults solve major disputes. When you’re old, will you be proud you did that? A response of "No, but..." means your Self is disabled now.

        If options like these aren’t enough to avoid legal combat, try to find an attorney who has genuine empathy for the major distrust, disrespect, resentments, and avoidances that courtroom battles always promote. One trait of such a person is s/he steadily focuses on what’s best long term for your whole family, rather than on beating your ex-mate’s attorney at all costs.

        Were you aware that you parents had options like these? Does anything prevent you from discussing these with your ex, in the spirit of building long-term co-operation for your descendents' sakes?

        A helpful nonprofit resource is Free Legal Advice - a source of advice, forms, and forums on a wide range of domestic affairs. Indexed by state. Also, note these articles written for domestic-court  judges and family-law attorneys and mediators. If you're involved in a domestic-court process, consider giving copies of these articles  to appropriate people to help all of you.

colorbutton.gif Recap

        Like these other ex-mate Solutions articles, this one focuses on a surface barrier to co-parenting teamwork. It hilights common secondary (surface) reasons for parental legal battles. The article then proposes primary reasons why exasperated, frustrated co-parents choose legal force to fill their surface needs:

  • unseen false-self wounds in one or both parents; plus...

  • mutual unawareness of a group of vital things; plus...

  • possible blocked grief in one or more of your family members; plus...

  • the combined effects of these core family-building barriers; and…

  • misguided advice from wounded, uninformed, biased relatives, friends, and “experts.”

        Based on these, this two-page Solutions article offers options and resources for you two to (a) heal from past legal trauma, (b) end current court fights, and/or (c) avoid future litigation. Key among these options are both of you (d) freeing your true Selves to lead your personalities (Project 1), and (e) growing effective-communication skills (Project 2). The overarching goal is to evolve long-term caregiving teamwork in your multi-home family and raise your nurturance level together.

        A clear symptom of false-self dominance is a divorced parent choosing legal aggression and short-term winning over long-term co-parental teamwork and high family nurturance. Exceptions: the long-term costs of legal force are probably justified if it’s clear that (a) a parent’s and/or (b) minor child’s safety and welfare is at risk because of the other parent’s wounds and behaviors. If that’s true for you, apply all the relevant ideas in this article to your legal goals and conduct to minimize the long-term psychological costs to you all.

        Pause and reflect: why did you read this article - what did you need? Did you get it? If not, what do you need now?

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Updated  November 30, 2008