Anatomy of a Divorce: How it Really Works

The legal divorce vs. your real divorce

The legal divorce has very limited concerns: to get a judgment of divorce, you have to make arrangements for your property, your children, and support (if any). If you have a high degree of conflict, it is also about keeping the peace and protecting you, your children and your property. That's it; that's all the legal divorce is about.

The law is used to impose a decision in your case only when there is a disagreement that has been brought into court. If you can reach a fair written agreement with your spouse, you can get almost any terms you like without much reference to laws. But, where children are concerned, a judge might take a look at your terms to make sure they are reasonably well supported and protected.

All you get from your legal divorce is a piece of paper--a Judgment--with findings of fact and court orders on the above subjects. That's all. This is what all the fuss is about; this is what people go to attorneys for and spend tens or hundreds of thousands of dollars to get--a piece of paper with orders about peace, property, custody, and support.

You might think that a legal divorce will solve your problems, but it probably won't and it is critically important that you understand this so you don't expect too much from the legal divorce--or some lawyer--and set yourself up for frustration and disappointment.

Your real divorce is about ending one life and beginning another, then making it work--spiritually, emotionally and practically. The real divorce is about breaking old patterns, making a new life and seeking a new center of balance. It's about doing your best with the hand you've been dealt.

Understanding some basic things about how the real divorce works will help you enormously in dealing with yourself, your spouse and your list of practical problems.

How you feel is probably the most real thing in your life right now. Nothing else in your life is as real as your pain, your fear, your anger, hurt, guilt, tension, nervousness, illness, depression--whatever it is you are feeling.

The practical tasks you face are also very real: how to get by financially, how to rearrange the parenting of your children, what to say to family and friends, what to do next, and so on.

In your real divorce, then, you face these challenges:

Emotional: This is about breaking (or failing to break) the bonds, patterns, dependencies, and habits that attach you to your ex-spouse. It's about learning to let go of anger, fear, hurt, guilt, blame, and resentment. You learn about past mistakes so you don't have to repeat them. You develop a balanced view of yourself, your ex-spouse, and your marriage. You create self-confidence and an openness to new intimate relationships.

Physical: Our minds and bodies are not separate and life does not come in these neat boxes. Emotions--especially strong ones that are ignored, denied or repressed--are frequently expressed physically. During divorce, people tend to experience a lot of tension and nervousness. They get ill frequently and have accidents. This is a time when you must take extra good care of your health, pay close attention to your body, and be extra careful when driving.

Practical: This is about taking care of business on the physical plane--including the legal divorce. It's the nuts and bolts of what to do, where to go, and how to get there as you begin to build a new life for yourself. You need to create safety and security for yourself and your children; to make ends meet in a new life-style that produces what you need and needs no more than you can produce.

Going through major life changes--in other words, re-creating your life--is demanding, hard work, but it may be the most important thing you ever do. And, unless you decide to get counseling or go into therapy, the real divorce won't cost a dime!

This article was taken from the book Divorce Solutions: How to Make Any Better, which is full of practical advice on how to handle the issues described above. Learn more by going to Divorce Solutions.

Copyright 2005 Ed Sherman

Ed Sherman is a family law attorney, divorce expert, and founder of Nolo Press. He started the self-help law movement in 1971 when he published the first edition of How to Do Your Own Divorce, and founded the paralegal industry in 1973. With more than a million books sold, Ed has saved the public billions of dollars in legal fees while making divorce go more smoothly and easily for millions of readers. You can order his books from http://www.nolodivorce.com or by calling (800) 464-5502.

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A pair of specialists work on the floor of the New York Stock Exchange, Monday, Dec. 1, 2008. (AP Photo/Richard Drew)AP - Confirmation that the nation is in a recession and signs pointing to a prolonged downturn sent Wall Street plunging once again Monday, hurtling the Dow Jones industrials down more than 600 points and erasing a huge chunk of last week's big gains. All the major indexes fell more than 7 percent.



President-elect Barack Obama, left, stands with Secretary of State-designate Sen. Hillary Rodham Clinton, D-N.Y., center, and National Security Adviser-designate Ret. Marine Gen. James Jones, right, at a news conference in Chicago, Dec. 1, 2008. (AP Photo/Pablo Martinez Monsivais)AP - President-elect Barack Obama picked a national security team headed by former campaign rival Hillary Rodham Clinton and Bush administration holdover Robert Gates on Monday, and said he wants to consult with military commanders before settling on a firm timetable to withdraw U.S. combat troops from Iraq.



A sale sign is posted at jewlery store in Daly City, Calif., Monday, Nov. 24, 2008. The economy took a tumble in the summer that was worse than first thought as American consumers throttled back their spending by the most in 28 years, further proof the country is almost certainly in the throes of a painful recession. (AP Photo/Paul Sakuma)AP - The U.S. economy has been in a recession since December 2007, the National Bureau of Economic Research said Monday. The NBER — a private, nonprofit research organization — said its group of academic economists who determine business cycles met and decided that the U.S. recession began last December.



Tape covers bullet holes in the windows of the newly-reopened Refresh Cafe in the landmark Chhatrapati Shivaji Terminus train station, in Mumbai, India, Monday Dec. 1, 2008.  This scarred and traumatized city struggled back to its feet Monday, reopening schools and businesses, as residents tried to come to terms with the string of terror attacks that brought bloodshed to the heart of Mumbai. The owner of the cafe said he had little choice but to reopen the fast food restaurant in the station, even though its glass wall is scarred with bullet holes, half his staff refused to come back and his brother is on a ventilator in the intensive care unit after being shot in the abdomen by the attackers. (AP Photo/Lefteris Pitarakis)AP - India demanded Monday that Pakistan take "strong action" against those behind the deadly Mumbai attacks, and Washington pressured Islamabad to cooperate with the investigation.



Alaska Gov. Sarah Palin, center, waves to a crowd during a campaign stop for U.S. Sen. Saxby Chambliss, R-Ga, Monday, Dec. 1, 2008 in Savannah, Ga. Chambliss and Democratic challenger Jim Martin are   in a Tuesday runoff that will shape Democrats' hold on power in Washington. (AP Photo/Stephen Morton)AP - Alaska Gov. Sarah Palin urged Georgia voters to back Sen. Saxby Chambliss in Tuesday's runoff in an election eve appeal that underscored her popularity within the Republican Party and the GOP's efforts to stave off erosion of its shrinking Senate numbers.



British Prime Minister Gordon Brown (L) speaks with US Secretary of State Condoleezza Rice (C) as British Foreign Secretary David Miliband looks on, at 10 Downing Street in London. Rice called on Pakistan on Monday to provide AP - Happily contemplating another woman as the top U.S. diplomat, Secretary of State Condoleezza Rice said Monday she will offer advice, privately, and then get out of the way.



AP - Older people who are depressed are much more likely to develop a dangerous type of internal body fat — the kind that can lead to diabetes and heart disease — than people who are not depressed, a disturbing new study found.

AP - A man who rammed his truck into a woman's vehicle on a highway early Friday told authorities he crashed into her while going more than 100 mph because God told him "she needed to be taken off the road."

New York Giants' Plaxico Burress, right, arrives at Manhattan Supreme Court for arraignment with an unidentified man on Monday, Dec. 1, 2008 in New York. Burress accidentally shot himself at a Manhattan nightclub Friday evening and was treated at NewYork-Presbyterian Hospital/Weill Cornell Medical Center. He was released Saturday.  (AP Photo/David Karp)AP - Plaxico Burress was led out of a police precinct in handcuffs Monday after surrendering on a weapons possession charge, and authorities said that teammate Antonio Pierce is being investigated over his role in an accidental shooting at a Manhattan nightclub.



AP - Last warning: Asthma inhalers go "green" on Dec. 31, forcing patients still using the old-fashioned kind to make a pricey and even confusing switch. The medicine inside these rescue inhalers — the albuterol that quickly opens airways during an asthma attack — isn't changing. But the chemicals used to puff that drug into your lungs are.

President-elect Barack Obama announces that Sen. Hillary Clinton will be his choice for Secretary of State during a news conference in Chicago December 1, 2008. (John Gress/Reuters)Reuters - U.S. President-elect Barack Obama named former rival Hillary Clinton as secretary of state on Monday and said Robert Gates would remain defense secretary in a national security team charged with recasting America's leadership role in the world.



A trader on the floor of the New York Stock Exchange, November 13, 2008. (Brendan McDermid/Reuters)Reuters - The S&P 500 and Nasdaq tumbled more than 7 percent on Monday late in the session as economic reports showing further evidence of the worsening global economic climate were backed up in comments from Federal Reserve Chairman Ben Bernanke.



Members of ZAKA, Israel's non-governmental rescue-and-recovery organization which specializes in collecting human remains to ensure a proper Jewish burial, speak with policemen after performing religious rituals in front of Nariman House in Mumbai's Colaba area, December 1, 2008. (Jayanta Shaw/Reuters)Reuters - India demanded Pakistan take decisive action over deadly attacks in Mumbai it said were carried out by militants from its nuclear-armed rival, while the West urged cooperation to ease tension.



President Bush and first lady Laura Bush walk to make a statement on the attacks in Mumbai on the South Lawn of the White House, November 29, 2008. (Yuri Gripas/Reuters)Reuters - President George W. Bush said the biggest regret of his presidency was flawed intelligence that Iraq had weapons of mass destruction and told ABC "World News" in an interview airing on Monday that he was unprepared for war when he took office.



A woman watches as people shop in the Time's Square Toys 'R' Us store on 'Black Friday' in New York, November 28, 2008. (Brendan McDermid/Reuters)Reuters - The U.S. economy has slumped into a recession, the nation's business cycle arbiter declared on Monday, while European leaders clashed over how much public money to spend tackling a deepening downturn.



Speaker of the House Rep. Nancy Pelosi speaks during a news conference in the U.S. Capitol in Washington November 21, 2008. (Molly Riley/Reuters)Reuters - U.S. House of Representatives Speaker Nancy Pelosi met leading governors on Monday to discuss the size and shape of an economic stimulus package that one Democratic aide said was likely to cost around $500 billion.



An anti-government demonstrator chases after a suspected pro-government supporter in Bangkok's Suvarnabhumi Airport on December 1, 2008. (Kerek Wongsa =/Reuters)Reuters - Thai protesters prepared to end their three-month occupation of the Prime Minister's office on Monday to consolidate their grip on the main airport ahead of a court verdict that could dissolve the elected government.



Birmingham Mayor Larry P. Langford in an undated photo. (Handout/Reuters)Reuters - Federal authorities arrested the mayor of Birmingham, Alabama, on Monday in a corruption probe surrounding a massive sewer bond debt that has forced Jefferson County to the brink of bankruptcy.



US President-elect Barack Obama (L) nominates Senator Hillary Rodham Clinton, D-NY, as US Secretary of State during a press conference in Chicago, Illinios. Obama on Monday nominated Hillary Clinton to be his AFP - Barack Obama on Monday nominated Hillary Clinton to be his "tough," "smart" secretary of state and his former foe vowed to give her all to steer America through a perfect storm of global crises.



Map locating the attacks in Mumbai. India has formally accused AFP - India on Monday formally accused "elements" in Pakistan of being behind the devastating Islamic militant attacks in Mumbai and demanded that Islamabad take "strong action".




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