Judge Tim Philpot, Dr. Bill Doherty, and myself (Don Sizemore, LCSW), have worked together for over two years to implement a process whereby couples are given an opportunity to be sure that divorce is their best decision. Three marriages which came to me for the two hour court ordered Discernment Consultations have been reconciled, three families reunited. Families number one and two continue in treatment, going through the therapeutic protocol established by Emotionally Focused Therapy or EFT. The third one that chose not to continue therapy is at greater risk for a return to divorce court, although as of this date they are still married and living together and report their relationship has improved. Three families were ready to divorce, standing before Judge Philpot waiting for his signature on the order. They have moved back in together, giving up their separate residences, and their children have one home.

A fourth couple postponed their divorce and attended 13 sessions, including 5 discernment counseling sessions and 8 marriage therapy sessions of EFT with an unsuccessful outcome. This couple has stopped therapy, lives separated but have not proceeded with divorce. One spouse continues to hold out hope but the other is in a position of stonewalling, unable or unwilling to stop self protecting. I do not think this relationship will survive.

The fifth couple, who is chronologically the first couple referred from the legal system by an attorney, not the court, was seen for 32 sessions of EFT. This is not an unsurprising number of sessions when there is a past history of childhood trauma that complicates developing secure attachment. Their therapy concluded over a year ago; they are still married and report their marital relationship is stable.

Do couples really want to divorce? Or more positive, do couples want to stay married? In my experience as a marriage therapist no one that I have seen is happy about their marriage failing from which I conclude no one really wants to divorce, especially those with children. This has not been more evidenced than with the 20 couples I have seen for the court ordered session. None of them were celebrating a failed marriage and the one common denominator was pain either expressed or repressed but still obvious on their faces.

Some might say that the pain on their faces is due to being forced to endure the Discernment Consultation session that has no chance of making a difference in their resolve to divorce and having to pay money to do it. There were two instances that come to mind where one spouse stonewalled their way through the session, not allowing one emotion to seep through, just a cold wall of protection. What impressed me about the other cases was that their certainty of being done with the relationship was based on their experience of emotional deprivation or rejection over an extended period of time. They were emotionally spent, had given up hope that their partner might change, and would not allow themselves to risk the pain of being disappointed again. It was never because they could not tolerate their partner and just wanted out; those kind of cases would likely not find their way to me and any abuse based relationships are ruled out for referral.

The judge, Tim Philpot, who was ordering discernment sessions was applying scientific advancements in the field of marriage and family therapy developed by Dr. Bill Doherty and colleagues from the University of Minnesota, to make a better assessment of the state of a marriage. Is this marriage irretrievably broken? Is reconciliation possible? Is there ambivalence about proceeding with final separation and divorce? Professional therapists who are properly trained now understand how couples gain and maintain a stable emotional connection, how they lose it, and how to repair it. The legal system has not kept up with scientific and therapeutic advancements and divorce is treated as an inevitable outcome when it gets to a lawyer and then to a judge. If this project has demonstrated anything it is that there is another way forward and simply processing a divorce decree because there are no other options is simply not true.

In most cases the couples I interviewed had not received couples counseling and if they had, it was ineffective. There are only a few research documented marital therapies that have efficacy and one of them is EFT with a 73% success rate. The others that I am aware of are Imago Therapy and the approach developed out of the John Gottman Institute. None of the couples had received counseling based on these approaches and the results were predictable. Many marriages that are in distress can be helped but too easily find their way onto the divorce track where the legal system offers no side track to slow the train down. This is tragic. It is as if we have accepted the inevitability of divorce. And worse, somehow divorce has become a right rather than an option of last resort. But what I have noticed in my sessions with desperate relationships (not just court ordered couples) is that more often than not if they can be shown a way, the couple will follow it to save their relationship.

Another benefit of connecting couples with the therapeutic community of counselors, is that in two other of my cases one of the spouses has continued to seek treatment. They wanted help making the transition through divorce for themselves and their children, how to best interact with their ex-spouse, and hopefully glean how not make the same mistakes again in their next relationship. It is well documented, and common sense, that patterns of behavior continue to repeat unless challenged by a thorough self examination such as that available with a trained therapist or wise mentor.

This experience has been an eye opening one. It is obvious we can affect in a positive direction seemingly hopeless and terminal relationships. Asking the question “Are you sure this divorce is best for you?” is not oppressive, it is compassionate and the just thing to do. To become numb and accept the inevitability of fractured marriages and families is to lose hope for ourselves.