MOLM partners Benjamin Valencia and Craig Peterson offer advice on how to tell your partner you want a divorce.
Some advice before you have a discussion with your partner.
The messiness of divorce has been well documented. The attorneys, the custody battles, dividing everything up. But how does one initiate the process? When you are sure you want to go through with one, how do you tell your spouse you want a divorce? In movies, it’s often blurted out in the midst of a heated argument, with one partner or the other dramatically shouting, “I want a divorce!” But in life, things tend to go a bit differently. And, if you want the ensuing legal battle to be civil, it’s in one’s best interest to take pause and really determine how to tell the person they vowed to spend the rest of their life with that it’s over. So how does one deliver this particularly life-altering bit of news? There’s no one way to do it. But there are some guidelines to keep in mind. Here’s what you need to know.
Timing is Everything
To say that telling your partner you want a divorce is delicate is an understatement. It is an enormous decision, one that, when broached, will alter both of your lives forever. As such, you want to make sure that you choose to have the conversation at a time when your partner is emotionally capable of receiving the news. In other words, don’t tell your partner you want a divorce when when they’re stressed or emotional. “You know your partner better than anyone, so don’t make the disastrous mistake of bringing up divorce in the middle of an important life event,” advises relationship coach Alice Wood. “Be patient and remember that the announcement can wait until a moment when its impact will be the least damaging.” Is this obvious? Yes. But it’s essential.
Find the Right Location
Ideally, you want to break this news in a private, quiet space. Don’t have the conversation in a crowded restaurant or even at home when the kids are in the next room. Benjamin Valencia II, a partner and certified family law specialist at Meyer, Olson, Lowy and Meyers suggests that, if the couple is in therapy, the therapist’s office might be a good location. “In this way, both parties can feel safe and free to ask questions and/or gain an understanding of what the other party is thinking without erupting into an argument,” he says. “Further, the therapist can help create healthy boundaries moving forward which can prove invaluable when the going gets tough.”
When the time is right to bring up the topic of divorce, Kelly A. Frawley and Emily S. Pollock, partners at the law firm Kasowitz Benson Torres and specialists in matrimonial and family law, suggest not getting into details or specifics of how the divorce will work, custody arrangements or anything other specifics, as they will only overwhelm your partner further. “If he or she is just hearing about the possibility of divorce for the first time,” they say, “don’t go in details about how you are going to divide the brokerage account, who should have the kids for Christmas this year, or how you are already looking for a new apartment.” The key is to give the person time to digest the concept, show emotion, and ask questions.
Choose Your Words
Telling your partner you want a divorce is difficult. There’s no need to make it worse by blaming your spouse for their shortcomings or using phrases like, “You should have,” “You don’t,” or “You didn’t.” You also need to be honest about what you’re feeling and why you believe this decision is the right one. So, when talking about divorce, you have to be specific in your language — this isn’t the time to be vague. “If your words are ambiguous, you may leave your spouse/partner with a glimmer of hope that the marriage can be saved, when that is not your intention,” says Craig S. Pedersen, a partner at Meyer, Olson, Lowy and Meyers. “That can only create further problems down the line.”
Acknowledge Your Mutual Unhappiness
Even if a divorce is more one-sided, chances are that neither party in the marriage is particularly thrilled about the way things have been going. With this in mind, it’s wise to open the conversation by laying the cards on the tabled. “I usually will suggest that they start the conversation with a statement such as 'As you know, I have not been happy in the marriage for a long time. I also think you have not been happy either,” says New York divorce lawyer Jacqueline Newman, author of the Soon to be Ex series of books. “If the other person can acknowledge that he or she is also unhappy, it makes it an easier conversation to have as it is not so one-sided.”
Consider a Team Approach
Rather than focusing on the fact that you and your partner are separating, it’s essential to shift the perspective a bit and talk about how you both will work together to make this while process as easy as possible. “Divorce does not have to be a battle,” reminds Valencia. “Especially if you have children, your common goal should be what is in their best interests. Approaching a divorce by listing the common goals will help both parties realize they are in this together and cooperating behooves both of them.”
Our attorneys have been providing effective divorce representation in cases involving complex issues of property, spousal support and child custody since 1995. Contact us for a consultation. Contact our offices in Los Angeles or Irvine, California, to schedule a consultation about your family law matter.