Dissolution to Evolution: Navigating Your Divorce Through the Consilium® Process
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About this ebook
The book highlights and details common, relatable scenarios, presents thoughtful options and constructs optimal outcomes. Various legal processes are described, building an understanding of options and giving agency to those undergoing divorce. The inclusion of a workbook helps people structure and pre-think their process. At a time when raw emotion often prevails, the workbook acts as a personal guide helping to create a personal roadmap built on a foundation of logic.
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Dissolution to Evolution - Heidi- Rachel Webb
© 2017 by Heidi-Rachel Webb
All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any informationstorage or retrieval system, without permission in writing from the publisher, except for brief excerpts used in reviews of this book.
ISBN (Print) 978-1-54392-311-7 (Ebook) 978-1-54392-312-4
Published by:
The Brief Press
Lincoln, MA 01773
www.consiliumdivorce.com
Contents
Acknowledgement
Preface
Introduction
PART I: The Consilium® Process.
Two Journeys
PART II: Case Studies
Traveling Journey # 1 (Sarah and Joe - Failing to slow down)
Traveling Journey # 2 (Marguerite and Alex —
Slowing things down)
One Judge’s Perspective.
PART III: Giving Context to Process
Litigation Lite
©(Natasha and Drew)
2."Two roads diverged in a yellow wood…" (Molly and John)
PART IV: "Do not do to others what you would
not have them do to you."
Litigation (James and Bobby)
Mediation (Janet and Tom)
Collaborative Law (Michael and Chanel)
Lawyer Assisted Negotiation (Theresa and David)
PART V: Legal Paths
A. The Collaborative Process
B. Litigation
C. Mediation
D. Arbitration
E. Case Evaluation
F. Attorney Negotiation
G. Hybrid Options
PART VI: Other Professional Services and Considerations
1. Supports and the Future, and Dealing with the Now
2. Financial health
3. Health insurance
4. Mental Health
5. Script for talking with the children
6. Wills, Estates, and Guardianships
PART VII: Your Workbook of Personal Growth
Glossary
I dedicate this book to three men:
My father, J. Chester Webb - who was my mentor and model for thinking outside the box
, and taught me to believe in myself;
My college boyfriend- who by ending our relationship sensitized me to the trauma of ending a long-term relationship; and
My husband and soulmate, Andrew M. Singer, who has supported and nurtured me, believed in The Consilium® Process and encouraged me to disrupt the traditional divorce paradigm.
I further dedicate this book to one incredible woman, my mother, Gertrude M. Webb, who taught me that listening was more important than talking, and that where there is life, there is always hope.
I further dedicate this book to my children, Adam, Berkley and Francesca, who each in their own way inspire and humble me on a daily basis.
I also dedicate this book to my siblings, who learned with me from our parents that you can disagree but you can’t be disagreeable
.
My parents live on in us in that, and so many other ways.
And to Julie Field, my co-author, esteemed colleague and treasured friend, who challenged me to write this book, agreed to co-write it with me and then travelled the road to turn it into a reality.
Thank you, and to continued adventures!
Additionally, I dedicate this book to the many hundreds of people who, at a most vulnerable time in their lives, placed their trust in me and in The Consilium® Process. I feel privileged to have played a small part in their lives, and awed and inspired by their journeys of growth and renewal.
Heidi-Rachel Webb
This book is dedicated to my husband, Stuart, a solid rock of support whose own journey as a writer has helped inspire mine. And to each of my remarkable children, Sam and Ellen, who continue to amaze me every day with their wit, energy, intelligence, and compassion. And, of course, to my parents Ken and Cecelia and to my brothers Kenny Joe and Jon and to my sister Amy; you have each taught me how to laugh, how to love, and how to continue on through the difficult times (note, that we are all fans of the Chicago Cubs. ‘Nuf said).
And, finally, to Heidi. When I met Heidi in the summer of 1981, I knew I had found a friend, but I hadn’t realized that I had found a trusted colleague who would travel a parallel path to mine in the law, and who would dedicate her career to creating a thoughtful, pioneering approach to dealing with family law issues. So, ultimately, this book is dedicated to you, Heidi, for having the persistence to share your vision with those who need help navigating the journey that is a family law case. Thank you, Heidi, for allowing me to be a part of your own journey, and I look forward to being part of more adventures to come!
Julie Kunce Field
This book would not have been possible without the help of many people along the way.
Special thanks go to my office staff, which is so much more than that to me! Gina Cronin is a paralegal extraordinaire, and Lisa Mancini who manages our office with grace and agility. Together they make seamless the integration between professional skill and personal warmth. Their creation of grids, formatting of this book, and endless attention to style and content just skim the surface as to why I feel grateful and blessed to have them as my colleagues.
My son, Adam Singer, is a talented writer in his own right. He is also a passionate learner, a media savvy millennial, and an eager collaborator. I feel honored to have had him be one of my first readers, grateful he willingly embraced this project and thankful for his relentless attention to editorial detail and the creative process.
I am also grateful to Lisa Paige, who is an extraordinary editor- (and a high school friend) - there’s a theme here. Lisa read not only the words and sentences presented on the pages but she understood the book from the time of its inception, and along with her time and expertise willingly offered us her perspective and ideas for improved presentation. Her humor is unparalleled, and it was often the ingredient that took us from impossible
to ta-da
. And I thank Heather Korostoff Murray a trusted friend, who early on embraced the Consilium ® Process, and then read my final manuscript draft and improved it in ways big and small.
I had just turned on the 11 o’clock news when a Marine’s photo, identifying him by name flashed across the screen, taking my breath away. I recognized the young man, having known him as a three- year old child when his parents had divorced sixteen years earlier. At just nineteen years of age, he’d been killed in Fallujah, Iraq.
Tears filled my eyes. Immediately, I was transported back to the time when this now dead soldier, and his five-year-old sister were the much-loved fodder in their parents’ contentious custody battle. At the time, I represented his mother. Zealously. I left no rock unturned in her quest to secure primary custody, which through our efforts she won.
Yet there was a price to this victory. The family would be divided in a way that would have huge implications on her children’s sense of family moving forward. She was granted the right to move her young children from the town she’d lived in with her husband, to one about forty minutes from him. She remarried, as did the children’s father. And they each had two more children. Periodically I heard from her and about the children- usually when things weren’t going so well.
Fast forward sixteen years to the shattering news I’d just heard. I was shocked. I dialed my client’s number and she answered her phone. I listened to her pain, learned when her son’s body would be brought home, and where his funeral would be.
At the funeral, one of his high school teachers eulogized him saying that he’d joined the Marines because he wanted a family, as he felt like he’d never had one.
In that moment, I realized that no matter how well intended we’d been, the hours and efforts we’d expended had been misplaced. The system as I knew it was broken. The acrimony of the process had created distrust and alienation, contributing to a sense of brokenness that felt beyond repair to that young man.
I was changed at that funeral. And I vowed no longer to contribute to a system that destroyed families. Instead, I would work to create a process that would help families transition to a new form of family, in a way that left everyone whole, healthy and safe.
I began by researching the history of family law that has led us to the legal system we have today, as well as the growth and evolution in literature and research concerning human and psychological development. The Consilium® Process is the result of those facets having been examined under a different lens. It is my hope that this new paradigm contributes to the creation of healthier post-divorced families, not only for our generation, but also for all those that follow us.
The beginning is a very good place to start … or is it?
Fresh Tracks
Sometimes, when cross-country skiing, you have to step off the well-maintained trail and rest for a moment, breathe differently, and open your eyes more widely, to see an unexpected horizon of extraordinary beauty in the distance, a place that you had only dreamed of discovering. A pristine destination glowing with possibility.
I have had that experience, and not just on the ski mountain.
Once, I was an aggressive family law litigator, constantly in and out of court fighting passionately to get the best settlements I could for my clients. Over the more than twenty years I practiced this type of law, it was rare that I would remain in contact with a client after the divorce was finalized. If I did run into a client years later and ask how things were going, I often heard the disheartening news that the children still weren’t sleeping through the night, or that their move into new careers or more independent lifestyles hadn’t worked out as hoped.
These were not the outcomes I had labored so