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Dealing with the Soon-to-Be Ex: You Can't Win an Argument by Arguing

Posted: 04/20/2012 12:46 pm

While most divorcing spouses do not fundamentally desire the additional pain and expense of a court battle, many wind up in a divorce war without ever understanding what triggered it.

There are always the obvious reasons, e.g., one or both spouses is greedy, angry, emotionally handicapped, has an unrealistic sense of entitlement, or is naturally stubborn, mean, or otherwise difficult to deal with.

However, there is one major cause that affects even reasonable people who have no particular axe to grind. It is a universal accelerant of ill feeling that catches most disputants off-guard. Simply put, and although we comprehend that our soon-to-be ex will likely see things differently from the way we do, we are not equipped to handle the actual pain and frustration that their erroneous thinking inflicts upon us.

We somehow get caught by surprise. We know their position is wrong, and we typically do not waste any time telling them so. This is not a good idea.

It is not a good idea for three reasons. First, no one has ever won an argument by arguing. Doing so just makes the other side dig in deeper. Second, people are not inclined to open their thinking when they are dodging arrows. Third, it is truly impossible to change your soon-to-be ex's mind, and don't ever think you can. You will not be able to change their thinking any more than they will be able to change yours.

This is where perspectives come in. By definition, perspective is how we understand something. It's our point of view. What we see is what we believe. Perspectives are involuntary, subjective, and extremely personal. They are formed over the years by our life experiences, they affect our thinking at every level, and they are impossible to change.

Once we have a perspective, anything we observe is seen with this perspective in mind. When we notice things that confirm the righteousness of our view, we accept them as evidence that our perspective is correct. When something does not confirm our view, we minimize or ignore it.

The more convinced we are of our view, the more we tend to filter out information that would lead us to question our underlying assumptions. Thus, the more entrenched our perspective, the more obvious it is to us that we are right and our partner is wrong. We do not see things as they are; we see things as we are.

Our divorce courts are jammed with angry litigants who cannot understand why they cannot talk any sense into their partner. They are wasting their time trying to alter the other's perspective. Instead, they should be using their energy trying to figure out a way around it.

The most useful (and least recognized) tool in divorce dispute resolution is accepting the fact that your partner sees things differently. We don't have to agree with their thinking, we merely have to respect and validate their right to have an opposing position. And, it doesn't cost us a penny to "allow" them to do so.

Skillfully dealing with differences in our perspectives is the real heart and soul of conflict management. We must accept that it is normal for our spouse to see the world in a way that favors their position, and it is our job to deal with what they see, and not with what we see.

The hardest mind to pry open is often our own. Does this mean our spouse is actually in the right? Not at all. It just means that we have to make room in our thinking for their thinking, if we hope to persuade them to do the same.

It is not necessary for us to accept their perspective. However, it is necessary for us to accept it as it is, and not what we wish it to be.

Why should we care about our partner's perspective? Isn't that the magic of divorce, the freedom not to care what they think? Not yet it isn't. Not as long as we need their signature on a marital settlement agreement.

J. Richard Kulerski and Kari L. Cornelison are partners in the Chicago area, Oak Brook, IL divorce law firm of Kulerski & Cornelison. You may find them at www.civilizeddivorce.com and at their firm's blog dupagedivorcelawyerblog.com.

Richard is the author of "The Secret to a Friendly Divorce: Your Personal Guide to a Cooperative, Out-of-Court Settlement."

Follow J. Richard Kulerski and Kari L. Cornelison on Twitter: www.twitter.com/Chicago_Divorce

 
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While most divorcing spouses do not fundamentally desire the additional pain and expense of a court battle, many wind up in a divorce war without ever understanding what triggered it. There are alw...
While most divorcing spouses do not fundamentally desire the additional pain and expense of a court battle, many wind up in a divorce war without ever understanding what triggered it. There are alw...
 
 
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04:26 AM on 05/02/2012
If conflict resolution was a simple and straight forward as this article makes it out to be, half of the divorcing couples out there wouldn't be getting a divorce in the first place.
11:58 AM on 04/22/2012
The worst thing about divorce is if you have an ex-wife who would rather take every last red cent you have, see you living on the streets holding a cardboard sign looking for food/money, and live in solidarity confinement when it comes to your own personal life, so that she can continue to live the glamour life and use the kids as a "paycheck" when it comes to support. In addition to the greed, she would rather go by word for word in the divorce papers on when the father can take them....no additional visits..and if there are additional visits, they are not overnights because in their eyes, overnights=loss of support.....Fathers are not babysitters...they are FATHERS....
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GlennWatson
Two million fans
10:38 AM on 04/22/2012
"there is one major cause that affects even reasonable people who have no particular axe to grind. "

Yes, and that cause is?
10:46 PM on 04/21/2012
An old farmer once told me:
Don't ever try to wrestle a sow in the mud.
a) You ain't going to win
b) The sow likes it.
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mcmutter
A Groover has to expect a few setbacks .....
05:25 AM on 04/21/2012
you can only divorce her once ....
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HUFFPOST SUPER USER
rewith85man
Expressing Who I Am
02:12 AM on 04/21/2012
1. The fight escalates.
2. You are still wrong.
3. You may lose.
02:04 AM on 04/21/2012
I wish ex wives would all loose their sense of entitlement & not hate their ex husbands when they want to dump them & the child the woman wanted. Men rarely want children yet they have to pay for them for 18yrs after agreeing or after being tricked into having one. its too sad
09:08 PM on 04/20/2012
This is exactly why we started mediating communications at MyExCommunications.com - "Never Deal With Your Ex Again" Check it out on YouTube: http://youtu.be/1HGjAWMHwWg
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jf12
When I saw her I marveled greatly.
04:40 PM on 04/20/2012
Because it's harder to deal with the stubbornly wrong person, mediators, judges, lawyers, everybody hammers on the nicer and clearer headed person to give up more and more. Always.
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GlennWatson
Two million fans
10:39 AM on 04/22/2012
And of course you would be that more level headed person.
04:12 PM on 04/20/2012
It isn't about arguments.

It is about power and control. It is about money.

Divorce gives power and control over issue affecting the well-being of your divorcing family to people who frankly don't care about the well-being of your divorcing family.

Divorce allows a greedy/selfish and/or personality-disordered spouse -- and her divorce lawyer -- the ability to do substantial harm to all members of the divorcing family (including the children).

The divorce lawyers profit from discord. The better of the bunch realize that and show some ethics; but others (particularly in a down economy) will do what they can to turn a divorcing household (with assets) into a cash cow.

The question for the divorce lawyers -- the moment of truth -- is what you do when you have "arguing" divorcing spouse.

Do you say to the client who is in that situation ... "we can't let him do that ... I'll file a motion"? ... or do you say "handle it yourself"?
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03:37 PM on 04/20/2012
How does your: (repeatedly defined as) "now in a therapeutic boarding school" (in a shameful effort to take a shot at his father) son feel about be used the way you use him to advance your career?

Please consider additional reasons why he might be declining a relationship with the likes of you.