Arizona Daily Star, The (AZ)

Arizona Daily Star, The (Tucson, AZ)

May 10, 2005

Divorce: crafting a good ending

Author: Rhonda Bodfield Bloom, ARIZONA DAILY STAR

Section: ACCENT
Page: E1

Article Text:

Methods new to Tucson changing how couples split

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Roy Martin was served with divorce papers during finals week in his first semester of his first year of law school. The bitter divorce dragged out a year and even then, Martin and his ex-wife had to return to court to re-litigate the custody of their children.

So when he thought about how he could help other people, divorce law immediately came to mind.

It only took three years for disillusionment to creep in. By year five, he was ready to start over in a new area.

One case in particular rattled him. He won custody for a father who took his two children to Chicago. When they later returned to Tucson for a visit, they reported being abused.

Martin will never know what really happened. "But the children had become cynical. They felt like their feelings weren't important. So when I look back on the people I thought I'd helped, I started wondering if that was true."

There's certainly no shortage of failed unions. State health department data show there were 5,604 marriages in 2003 in Pima County - and 3,965 divorces.

And even with the talk of as many as half of marriages failing and with the tabloids speculating on who will get what now that Brad Pitt and Jennifer Aniston have officially called it! quits, divorce doesn't have to turn into the nightmare from Hollywood's "The War of the Roses."

Provided, that is, that spouses on their way to being ex-spouses can leave their pain at the door and walk into a room together to craft a good ending - even if it doesn't include happily-ever-after.

After hunting around for another way, Martin found collaborative divorce. Under this model, still relatively new to Tucson, both parties get attorneys, who direct negotiations in a series of meetings. The difference is that the attorneys and clients sign a legally binding agreement not to take the case to court.

"You're supporting the family as you take it apart and put it back together in a different way, but in a way that still works," said Martin, who has helped people end marriages this way for about five years. Families that negotiate agreements are more vested in the decision, he said, as opposed to the traditional approach.

"Unfortunately, many people ! grew up watching too much Perry Mason," Martin said. "They think the c ourt will magically dispense perfect justice."

The court is more like a hospital emergency room, he explained. "If you need it, thank God it's there, but it's a scary and painful place and no one in their right mind should be there if they can avoid it."

The risk? That negotiations will fail. If that happens, the attorneys are dismissed and the couple starts all over again using the more conventional approach, which can often exhaust a family's financial resources and build up animosity.

Tom Salgado, a 48-year-old wholesale liquor manager, was married to his high school sweetheart for 21 years when it became clear they had just grown apart. Counseling didn't work. They agreed they needed to live apart for their 10-year-old daughter's sake.

His wife suggested collaborative divorce, which she'd heard about in a divorce recovery group. "I didn't think it could be done," Salgado said. "I'd heard so many horror stories."

It wasn't stress-free, he con! cedes, and there were occasional flare-ups. But the Salgados and their attorneys crafted an agreement that would work for both parties. The divorce was final in January and Salgado and his ex-wife still talk frequently.

Another similar method is cooperative divorce, which is handled through a trained mediator. Attorneys may serve as legal advisers and help draft documents, but are not actively involved in negotiations. If that doesn't work, the spouses could try collaborative divorce or traditional divorce.

The Divorce Resource Network, which encourages cooperative divorce, recently got off the ground in Tucson, when its local founder, Caryn Lennon, brought it here after starting it in northern Virginia in 1997. Professionals from financial analysts to insurance agents, attorneys and home loan agents have joined the network to provide a one-stop-shop for couples getting divorced.

Lennon said she modeled her project on the medical profession, where anesth! esiologists and nurses and surgeons all work together to ensure a pati ent's health. "Ultimately, we want to keep as many families out of court as we possibly can."

Susan Vanatta, then Susan Daniel, never anticipated the breakup of her 21-year marriage a decade ago. "It was a huge, huge blow. It pretty much cratered me," said Vanatta, 55.

A former schoolteacher then working part-time at the University of Arizona, Vanatta recalled being consumed with fear over her emotional and financial losses. "It drove every action I took or didn't take. I'm an educated woman and I could not convince myself that I was going to be fine."

Despite the feelings of guilt on one side and betrayal on the other, Vanatta and her then-husband decided for the sake of their two children to take a mediation approach, which was relatively new then. Out of court, they hashed out custody issues, then the money and assets, and finally the who-gets-what-pictures kind of stuff.

When she found a divorce recovery group, Vanatta said, "It brought me out of ! the significantly deep hole I was in and helped me realize that life goes on, in spite of divorce."

She's now in her 10th year of volunteering with the program and the embodiment of hope for divorced folks everywhere. She learned to be happy being single and she found a new passion - competitive ballroom dance.

And now for the happily-ever-after: Vanatta met someone at those dance lessons. And she married him five years ago.

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For more information

* Learn more about the cooperative approach to divorce with presentations by an attorney, a mediator and a financial adviser from The Divorce Resource Network of Arizona. Couples are encouraged to attend together.

* When: 9 a.m.- noon Saturday for couples without minor children. 9 a.m.-noon May 21 for couples with minor children.

* Where: 310 S. Williams Blvd., Suite 100. Use the parking lot on the south side of the building and look for the gate into the courtyard.

*Cost: $35! per person, $65 per couple

*Information and registration: www .tdrnaz.org

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How to make it easier on the kids

* No matter what went on in the marriage, spouses need to remember to protect the children, said Frank Williams, who founded the Divorce Recovery program 26 years ago at the Family Counseling Agency. "I think divorce is the most traumatic experience children go through," he said. Most, he added, "are pretty resilient. They find their way through it. But what they need to know is that they're loved and cared for and they didn't cause the divorce."

* To help them, make sure they aren't caught in the middle.

*Don't make children report on what's going on at the other home.

*Don't make them carry messages.

*Don't ask them to judge the other parent.

*And don't make them your confidante. Save that job for an adult.

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More resources

* Divorce Recovery is a support and educational program offered through the Family Counseling Agency to help people and families ge! t through the end of their marriages.

*Ten-week adult support groups begin twice every month throughout Tucson.

*Groups for children of divorce are offered four times each year for grades K-12. A parent must attend and nursery care is available.

*Groups are free.

* Once divorce is completed, other help is available.

* Beginning Again helps the newly divorced transition into being single.

* Step-parenting classes are offered quarterly for five weeks.

*Call 323-3952 or visit www.divorcerecovery.net for more on dates and times.

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* Contact reporter Rhonda Bodfield Bloom at 807-8031 or at rbloom@azstarnet.com.

Copyright 2005 The Arizona Daily Star
Record Number: MERLIN_2741192