The term “Post-Traumatic Stress Disorder” (PTSD) came into official usage in 1980, when the American Psychiatric Association (APA) included it in the third edition of its Diagnostic and Statistical Manual of Mental Disorders (DSM-III). PTSD, which replaced earlier terms like “shell shock” and “combat fatigue”, was developed specifically to recognize the long-lasting psychological effects experienced by Vietnam War veterans.
In more recent years, there’s growing acknowledgment that PTSD can arise from other traumatic events as well, such as terrible accidents, natural disasters, or sexual assault.
PTSD is a clinical diagnosis – it refers to a particular set of long-term (sometimes delayed) symptoms that may develop after a person experiences a severe traumatic event.
To meet a clinical definition of PTSD a person must have been “exposed to: death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence” directly, or as a witness, or by learning that a relative or close friend has experienced such a trauma, or through extreme or repeated exposure to the details of trauma, such as in professional duties (e.g. first responders).
Trauma, more generally, is defined by the APA as “Any disturbing experience that results in significant fear, helplessness, dissociation, confusion, or other disruptive feelings intense enough to have a long-lasting negative effect on a person’s attitudes, behavior, and other aspects of functioning.”
There’s no question that divorce is among the most stressful and emotionally devastating things a person can go through. Some people, including the children of a divorcing couple, can experience the end of a marriage as genuinely traumatic.
As Mental Health America explains, “Trauma is an emotional response to a distressing event or situation that breaks your sense of security. Traumatic experiences often involve a direct threat to life or safety, but anything that leaves you feeling overwhelmed or isolated can result in trauma.”
Due to the strict clinical definition of PTSD, the psychological impact of the divorce itself is somewhat unlikely to result in a diagnosis of PTSD (this is still a point of contention in professional circles) – however, it can certainly produce similar symptoms, especially in high-conflict situations. But with or without diagnosable PTSD, there are numerous other ways that trauma can become a critical factor in the breakdown of a marriage and/or significantly impact how people experience and manage the dissolution process.
A few examples:
- In some cases, there was, within the marriage, abuse that meets the clinical criteria for causing PTSD (in the spouse or child who was victimized or who witnessed domestic violence, coercive control, etc.)
- In other cases, one or both spouses experienced a traumatic event during the marriage (such as a severe accident, natural disaster, or the death of a child) that caused the marriage to suffer, and/or increased the stress of the divorce.
- In still other situations, at least one partner carries the effects of personal or childhood trauma, which can strain the marriage and/or influence their ability to function and cope during divorce proceedings.
In recent years, the importance of applying trauma-informed principles to family law has become widely recognized.
The dissolution process, which can be highly contentious and stressful for anyone, can be even more difficult to handle when some form of trauma is present.
According to the APA, “Traumatic events….challenge an individual’s view of the world as a just, safe, and predictable place.”
They may feel powerless, ashamed, afraid, or numb and detached. They may be anxious, depressed, irritable, jumpy; they may have trouble with memory, problem-solving, or concentration.
These symptoms of distress can impede a client’s ability to manage the logistics of divorce, communicate effectively, develop a healthy, trusting, effective relationship with their attorney, trust the court system, make clear-headed decisions, focus on the well-being of their family, and move forward with their life and healing journey post-divorce.
And it’s important to recognize that the mechanics of the divorce process – hearings, depositions, and various court proceedings – often put clients in the position of having to recount/relive traumatic events, face their abuser in person, and manage difficult or contentious interactions that trigger anger, fear, dissociation, or shutdown. This can cause disputes to escalate.
While there is currently no bar-recognized “trauma-informed” certification for attorneys, it is increasingly expected.
So what do the principles of trauma-informed family law look like in practice? A trauma- informed lens helps attorneys:
- Recognize the signs of trauma
- Be more compassionate
- Take a non-judgmental approach. Instead of blaming parties for the way they behave or respond, a trauma-informed attorney focuses on the why behind it: what has happened to the person to make them act that way?
- Recognize how trauma affects emotional regulation, cognitive processes, and communication, so they can prepare clients to be more effective in court
- Use tailored strategies and language to reduce the client’s stress and minimize traumatic responses
- Build trust; help clients feel safe, heard, valued, respected, and empowered
- Set healthy boundaries
- Guide clients through complex information or proceedings that they may have difficulty processing
- Shield clients from retraumatization in the divorce/custody process
- Prioritize dispute resolution methods that reduce conflict
- Encourage clients to seek other resources, such as therapy and support groups, to help them heal and become more effective negotiators.
At SLFG, we prioritize our clients’ well-being by building relationships based on compassion, trust, integrity, and open communication, ensuring they feel informed and prepared. We protect children by shielding them from parental conflict. We aim to find calm, creative solutions to complex problems. We’re experienced in managing highly contentious divorces, extremely sensitive domestic violence cases, and working with individuals who have suffered trauma.
By Debra Schoenberg
