Tag Archive for: Co-Parenting

The effects of a divorce on the children involved can be detrimental to their development into healthy adults. A 2019 study published in the journal World Psychology revealed that while most children of divorce go on to lead well-adjusted lives, some may face a variety of problems over the course of their lives due to their experiences in the divorce process. A good co-parenting relationship may help mitigate any negative effects from a divorce on children. One of the benefits of the Collaborative Divorce process is that it helps clients work toward that positive co-parenting relationship which ultimately benefits the children.

Co-parenting is the sharing of parenting responsibilities between the parents who are separating or getting divorced.  All families have some framework under which parenting duties are shared and decisions are made, some more functional than others.   When splitting up, some couples get caught up in the animosity of the adversarial process and lose site of what is best for the children.  Dysfunctional parenting frameworks can become even more so when communication breaks down.  Even the best parenting frameworks can become strained by the stress and emotion of a breakup.

How to Achieve a Co-Parenting Relationship

Divorce litigation usually will make an already strained relationship worse. The process of preparing for trial—think lawyers digging into financial records and questioning each partner in costly depositions—encourages each side to become more adversarial and further entrenched in a dysfunctional parenting framework.  The animosity and resentment engendered can affect the relationship for years after the divorce is final.

To better facilitate a co-parenting relationship, Collaborative Divorce fosters an environment conducive to creating a positive co-parenting relationship. Collaborative Divorce encourages the couple to communicate, problem solve, and compromise rather than battle it out in a zero-sum game, building the foundation for a more effective co-parenting relationship when the case is over.

Why Co-Parenting Helps  

 A good co-parenting relationship benefits parents and children alike. If the parents are able to communicate and trust one another, it makes both of their lives easier. Dealing with unforeseen circumstances, like a change in the time to pick up the kids for a holiday visit, can be achieved easily and without acrimony. It may also mean that they are more willing to share time and responsibilities, giving each parent ample time to build a solid relationship with the kids.

Good communication between parents helps keep children from being placed in the middle of parenting decisions or acting as a go-between for their parents.  When they know their parents are on the same page, children are discouraged from trying to play them off one another to meet their own agenda.

As the study in World Psychology notes, children are negatively affected by a bitter divorce.  Ask your friends or colleagues whose parents are divorced, and they will probably back up the psychologist’ findings with anecdotal evidence of their own. Their stories may differ based on whether their parents divorced with hostility and resentment verses those whose parents worked to treat each other with respect and dignity, communicate better, and rebuild some level of trust.  When a child’s needs are truly prioritized by both parents during divorce, they have a much better chance of growing into health, happy adults.



Marriage Story is an excellent film with a tremendous cast, including Scarlett Johansen (Nicole), Adam Driver (Charlie), Laura Dern (attorney Nora Fanshaw), Ray Liotta (attorney Jay Morotta) and Alan Alda (attorney Bert Spitz). Now, I want to explain why I absolutely H-A-T-E-D this movie’s presentation of what divorce looks like in 2020.

First, a brief synopsis: Nicole and Charlie are married with a young son, Henry (maybe about nine years old). The movie opens with their voice overs offering very sweet appreciations about why they love and respect each other as partners and parents. Only later do we realize that this was an assignment from their divorce mediator. They initially promise each other to avoid lawyers, but their attempt at mediation quickly collapses. Nicole hires shark lawyer Nora. After briefly consulting older, amiable Bert, Charlie is served with papers and eventually retains his own alpha-attorney, Jay. These litigators enthusiastically lead this caring couple into a street fight of mutual recrimination – at great cost to their dignity, mental health, finances and, of course, their ability to co-parent effectively while at war with each other. In three installments, I’m going to describe why I think Marriage Story showed a terrible model of divorce to the almost 50% of us who will someday go through that transition.



Kindly Bert explains that “criminal lawyers see bad people at their best; divorce lawyers see good people at their worst.” Even if that’s a oversimplification, it raises a crucial question: what should the roles of family law attorneys be? This question is especially important when the clients clearly care for and respect each other and have many years of co-parenting ahead of them. My answer: family law attorneys’ contributions should be the exact opposite of what these cinema litigators offered.


Rather than ameliorating the pain of their clients, the lawyers (especially Nora) offers a theme of mutual outrage, pouring salt into the wounds of each, until they are in an escalating legal war that neither wants nor can possibly benefit from. Both attorneys re-frame their clients’ life together into a barely recognizable litigation story that seeks to exploit each partner’s human foibles. Nowhere in these dueling narratives is there any appreciation that these folks had many years of shared love, a home and a beautiful son. Nora in particular remakes Nicole’s legitimate frustrations from the marriage into a larger morality tale of victimization. As Nicole describes her experience, it seems that her dreams and ambitions may well have been neglected by Charlie in the pursuit of his own career, leading to the end of their marriage. But, instead of referring Nicole to a therapist to process her hurt, Nora weaponizes it for a possible courtroom victory.

At times, both spouses seem bewildered to hear the story their respective lawyers tell about their partner and the marriage they shared. After a tough court session, Nicole asks Charlie why he switched to a more aggressive attorney. His reply: “I needed to get my own a**hole.” What if neither had chosen such an advocate?

Perhaps the most galling example of bad, even unethical, lawyering is when Nora proudly explains the details of the final settlement to Nicole, which includes a schedule that gives her the majority of parenting time. Nicole asserts that she had only asked for a 50-50 plan, but Nora smiles and says, “I just didn’t want him to win!” This lawyer who will likely never meet little Henry has decided that he should be a notch in her belt, regardless of her client’s wishes.

These cinematic lawyers never seem to ask what is right about the other parent, only what is wrong. In one scene, Nicole coerces her sister into serving divorce papers on Charlie at a family gathering; yet a few hours later, they are able to lie down together to read to their son. How would this family’s experience have been different if the lawyers had built from their many positives (as we do in Collaborative Divorce)? In real life, there’s a truism that peaceful divorce practitioners follow in domestic disputes, “All family members will win or lose together.” It was maddening to watch my profession portrayed doing what it did to all three of these family members.

In my next BLOG installment, I’ll cover the film’s portrayal of an adversarial legal system and how it missed the mark on the true value of divorce mediation.


Jim O’Connor, Collaborative Attorney / Mediator
3939 NE Hancock St., Ste. 309
Portland, OR 97212

Jim’s Website
Email Jim