Friday, August 23, 2019

Marriage, Divorce, and Narcissism: Part 3--Strategies for Dealing with NPDs and their wounded spouses in Divorce Litigation

The narcissistic paradox: Narcissists have the ability to inspire confidence in their grandiose assertions about themselves without a shred of evidence.


This is so true....he's got everybody believing I'm the one harassing/stalking but that's not the truth is it boo boo! Xoxo ha haFor those of us who must deal with narcissists (Narcissistic Personality Disorder or NPD) as  part of our personal or professional life, whether as clients, partners, spouses, employers or bosses, few relationships are more challenging and frustrating. Literally millions of dollars are spent each year on professional counseling by the hapless victims of these charming, successful, and intelligent but toxic people to try to figure out how to live with inevitable scars resulting from a relationship of any kind with a narcissist. 

So who are these women who marry these malignant narcissistic men? If you're representing the wife of an NPD, you need to know. 

While some NPD men marry other NPD women (mutual deceit), the pattern is more often that these men marry vulnerable, naive, beautiful, smart women who come from troubled or abusive families themselves. Many of these women have NPD fathers or alcohol or substance abuse family histories that have taught them that denial is their best defense against an abusive present, and that ignoring crazy behavior is the key to survival. They have been adoring, bordering on worshipful, to their NPD husband, and eventually they have been discarded and replaced, usually with a younger version of themselves. Once self confident and sociable, now they are anxious, irrationally self-critical, self-doubting, and depressed. They have very low stress tolerance, and probably call your office to ask the same fear-driven questions at least daily, frequently many times a day. When custody evaluations are written, these women are frequently found to be borderline personality disorders (Google that for more information), or at the very least clinically depressed with anxiety disorders.

The personal suffering of the millions of victims of NPDs has been well documented over the last 20 years or so by many talented and articulate writers. Both the DSM-V and Sam Vaknin (a self-admitted NPD himself) have clearly explained the characteristics of NPD, and their impact on people who love them, so I won't repeat that list here. Rather, I want to address the toxic and systemic impact of narcissism on the functioning of the courts, particularly the family court system, and the Courts' decisions about conservatorship of children.

As we all learned in law school, our system of justice is predicated on the principle that out of the conflict of two trained advocates zealously representing the differing interests of their clients before an objective trier of fact, the truth will rise like a Phoenix out of the fires of conflict. I contend that in too many family court cases where an NPD is a party, this fundamental assumption about how truth is uncovered and justice is administered is fatally flawed.

First, when a NPD divorces, their spouse is already at a significant disadvantage. Spouses of NPDs are inevitably grossly wounded by their relationship, and many are so wounded that they have symptoms similar to those of combat veterans and PTSD sufferers. Worse, the isolation that they have lived with as a normal feature of their marriage has prevented them from realizing that the criticism, threats, insults, and humiliations that they suffered in private were NOT their fault, and they are NOT worthless human beings. As a result, they are difficult clients to represent because they have such low expectations that anyone can help them, and have to learn to stand up for themselves again. 

This background of humiliation and intimidation makes meeting with a divorce attorney a surreal experience where they are asked about details of their married life they frequently know nothing about: money, property, investments, and other assets. (BTW this is another clue that hubby is an NPD) Inquiries about the children are more comfortable, and these moms are frequently very engaged with their kids (sometimes overly so). As mom's attorney begins to prepare for negotiating the terms of temporary orders for visitation, conservatorship, and support, their client's unease grows as she realizes that the odds of an agreement without a fight are very low. Furthermore, she knows how persuasive her NPD husband can be and how fearful she is of facing him in court.

Second, increasingly crowded family court dockets mean that time allocated for temporary hearings is declining. This trend favors NPDs, who can make damaging and completely specious allegations about their wounded spouse in their hearing testimony with no fear of being successfully challenged by their spouse's attorney with contravening facts.  
Two more core characteristics of the NPD style only make the challenge of finding facts in a short hearing even more difficult. NPDs respond to challenges of their outrageous fictions in two predictable ways: first, they "double-down" on the allegations and make even more grandiose and fictitious claims about their own character, accomplishments, and parenting ability; second, they increase their personal attacks on their spouse, again with no regard to the actual facts or the effects of those attacks on the mother of their children.

One NPD characteristic, ironically, is actually helpful to the insightful attorney representing the spouse of a NPD. One of the primary ways that NPDs cope and protect their grandiose views of themselves as "all good" or perfect, is to blame others for actions they themselves are doing. For example, in a recent case, an NPD dad accused his ex-wife of substance abuse, but when the court ordered drug tests, the results showed that HE was using cocaine and pot, while his ex had nothing but prescription drugs ordered by her doctor in therapeutic doses in her blood.  Bottom line: If you want to know what an NPD has done or is doing that they know to be wrong or "bad", listen to what they are accusing their usually innocent spouse of doing!

The problem for family courts who do their best to find the truth and administer justice for children and families is this: While our legal process is the best in the world for catching witnesses in a lie, that process takes time in court for painstaking fact-checking in cross examination and the requisite pre-trial preparation to work. In a world where Twitter's 140 character limit now sets the standard for meaningful communication, NPDs have substantial advantage, and the same goes in Courts who only have time for a 45 minute hearing to make a decision. 

The abbreviated hearing system is tilted toward the charm, confidence, and baseless but alarming allegations of the NPD litigant whose lies are unlikely to be successfully challenged in 20 minutes. As I teach my coaching clients, confidence is a large component of how people (and Courts) evaluate witness credibility, and NPDs have the charm, intelligence, cunning, and confidence to be very credible sounding witnesses while they spout an ever changing string of outright lies.

The system is likewise tilted against the shell-shocked spouse of the NPD who knows the allegations are completely false but largely because of her toxic relationship with the NPD appears anxious, confused, uncertain, and is unable to defend herself against the lies and be an effective witness for herself and her children. And she knows that after the hearing is over, regardless of the outcome or what the Court orders, the NPD is going to do exactly what he wants to do anyway because that is what he has always done.

Advanced Practice Tips and Tools for Attorneys Representing the Spouse of NPDs:

1. If your client looks unusually anxious, depressed, and hopeless despite being married to a highly successful, professional, executive, or especially political man, suspect NPD in the man and get the wife to confirm the list (Google narcissistic personality to find everything you need). Plan to "slow walk" the litigation to give your client time to recover from the daily criticism and abuse so she can learn to testify against him with confidence.

2. Suspect hidden assets and extramarital relationships as well as substance abuse from the outset. NPDs will do or say anything to get what they want or think they deserve (which is everything BTW). When custody evaluation reports are filed in these high conflict cases with fact patterns like I have outlined in this series, if dad is NOT diagnosed as an NPD, it's time to get a highly qualified MHP expert to consult with you and review the report. NPDs are damaging to the emotional development of children and joint managing conservatorship (custody) is NOT a reasonable recommendation in these cases.

3. Remember, whatever the NPD is telling his attorney about your client is mostly self-serving lies, and the opposing attorney is most likely "under the spell" of the charming and persuasive NPD. Remember the old joke "Q: How can you tell when X is lying? A: His lips are moving" was written about NPDs. They will lie even when the truth would help them if the lie makes them look better.

4. Take the time to prepare your client to testify in the temporary hearing by first, getting a good marital history that you also need to prepare for cross examination of the NPD spouse, and second, by coaching and practicing her direct testimony and the expected cross examination. (Many of these spouses freeze when they hear the enormous lies and incomprehensible allegations about themselves for the first time in court; they just can't process it fast enough to effectively respond, so they look "guilty".)

5. NPDs only back down when they are humiliated in public, in my experience. Their grandiose and perfect self image is the most important thing in life to them; if that's damaged or in danger, they lose interest in litigating and are more likely to be amenable to settlement.

Finally, especially if you're representing the wife of a suspected NPD in divorce litigation, get your client a coach who really understands NPD and can help her learn what happened to her during the relationship. Unfortunately, a majority of counselors and psychologists still don't understand NPD and consequently can't help these clients recover from narcissistic abuse. However, an experienced professional with the right training and experience can make a big difference in a short period of time. This will make representing her much easier and less frustrating, and may be the difference between a good outcome for the client and something far worse.

Whether you're a client or an attorney, I look forward to your comments and questions: connect to me on LinkedIn, or email me here--karlson.kevin@gmail.com.

Tuesday, August 20, 2019

Marriage, Divorce, and Narcissism: Part 2-High Conflict Divorce Client Profile

As I noted in my last post, 10% of divorces can be categorized as "high conflict". High conflict divorces rarely settle, are usually both lengthy and nasty, and a nearly all of them go to trial. The obvious question is "Why?" Who are these people who can't or won't settle their divorce cases?

The following list of facts from recent research findings offer a few clues:
  • 1 in every 10 people in the US has no demonstrated capacity for empathy. This includes 3.3 M people diagnosable as anti-social personality disorder (APD), and another 6.6M people with diagnosable narcissistic personality disorder (NPD).
  • NPD is also characterized by a selfish, grandiose self image, and being manipulative, easily offended, constantly needing attention and recognition, obsessed with their own appearance and possessions, controlling, physically, emotionally, and sexually abusive.
  • Some recent research studies with NPDs in fMRI scanners appear to show that NPDs can be empathic but only"turn it on" in situations where it will help them get what they want (think dating or in court, for example).
  • NPD is more common in men than in women (8.8 % of men and 4.6% of women).
  • Narcissism is a growing problem, with the prevalence for narcissism reaching 10% for people in their 20's and may be exacerbated by heavy social media engagement.
  • NPD prevalence is also greater in black men and women, Hispanic women, people who never married, and among those who have been divorced, separated, or widowed.
  • NPDs crave constant adoration and seek out partners whom they perceive to be high status and attractive to enhance their own social standing and to be the envy of others. 
  • Narcissism doesn't really emerge as a full blown personality disorder until most people are in their mid 20's.
  • Narcissists are achievement oriented, and drawn to positions of power and control, so many can be found in the executive suite, politics, military, and government leadership positions.
  • Narcissists are unable to compromise in divorce litigation since compromise means admitting they were not perfect or "right".
  • Narcissistic traits worsen with age.
  • Narcissists can be exceptionally charming and charismatic in public while being cruel in private.
In my 35 years of experience as a litigation consultant specializing in family law cases in Texas, when a divorce/custody case doesn't settle in mediation (or negotiations), I have found that one or both parties are NPDs. 

So you're asking, even it that is true, why does that matter?

As a lawyer handling divorces, when your new client is a man (and potentially a narcissist), this is what you will find:
  • Your client will be successful, attractive, well dressed, affluent to wealthy, charming, calm, self-assured, and smarter than average.
  • The discussion about the divorce will be almost exclusively about money and property, even if there are children.
  • This will feel like a business deal, and the goal (explicitly or implicitly) will be to crush the opposing party because they failed to keep their part of the marriage bargain.
  • Your client will lie to you about virtually everything.
  • Whatever allegations he makes about his wife, he is probably doing himself (she probably isn't)
  • He will very likely have been planning the divorce for a while and hiding assets and income, which he will deny.
  • He probably has had multiple affairs, and is having one as you speak.
  • He will describe his wife as "unstable", "mentally ill", "crazy", "unpredictable"...
  • He will paint himself as the victim of a chaotic, angry, vindictive, and sexually deprived  marriage; sometimes as the victim of irrational anger and even violence.
  • If there are children, he will report that they are doing great and are unaffected by the family situation, or he will insist the kids are getting damaged by too much time with their "crazy mother".
So counsel, what does that mean for you and your representation of this guy?
  • He will take your advice only if he agrees with it (he's the smartest guy in every room BTW).
  • When there are problems during the case caused his behavior, he will blame you.
  • Rules, court orders, limits won't apply to him.
  • He will expect special treatment from everyone, including you.
  • If he doesn't get everything he wants, he may "blame the system" but he will file a grievance against you and go to arbitration to get his money back.
  • If you're smart, you will write CYA letters about everything you advise him to do.
  • He will probably fire you and move on to other counsel when you (inevitably) disappoint him.
So who would marry these guys? More about the wives in the next issue. Stay tuned for part 3.

Monday, August 19, 2019

Marriage, Divorce, and Narcissism: The facts and context (Part 1 of 3)

Image result for narcissism quotes
One of the most challenging tasks facing a family lawyer when interviewing a new client who is seeking divorce representation is making an assessment of the dynamics of the anticipated litigation process: routine, complicated, or high conflict, extended litigation. This note on facts and context is part 1 of a 3 part series to provide advanced practice guidelines to any attorney representing clients in divorces.

As the poster at right suggests, marriage success is not a 50/50 coin flip. In fact, contrary to the urban myth, nearly"70% of all marriages last as long as you both shall live".  (The 50% myth is a result of misunderstanding Census Bureau marriage statistics) The research into unhappy marriages has found that unhappiness in most marriages is temporary--two years after reporting that their marriage was "very unhappy", 80% of those same couples now reported that they were "very happy" in their marriages. Most couples find a way to work things out and stay married. Divorce is not inevitable when couples are going through a difficult period in their lives; the best advice for most couples is to wait and persevere. I will cover the exceptions to these general guidelines later in this series.

When couples can't make it, those couples in the "neglect" group of divorcing spouses report that they "just drifted apart" and about 60% of men and 40% of the women report to resorting to extramarital affairs as a solution feeling neglected. For most of these people, the affair is short lived and contrary to popular belief, an affair is NOT  a guarantee that the marriage will end in divorce. More than 2/3 of couples who have had to confront the issue of infidelity in their marriage find a way to forgive each other and move on without divorcing. Nonetheless, given this high rate of infidelity, not asking about extramarital affairs of your client and of their spouse is less than competent representation in a divorce case.

For the 30% of marriages which eventually end in divorce, the research has found that more than 2/3 of these divorces can be characterized as "low conflict". These "low conflict" spouses eventually mutually agree that the relationship has died and one or both of them are ready to let go and move on. However that awareness rarely happens at the same time for both parties. For the partner filing for divorce, that decision to file usually takes about a year to come to actual execution. During that time, a substantial amount of anticipatory grieving occurs for the filing spouse, while the other spouse is usually unaware that this period of relative peace in the home is a prelude to divorce. Hence, one partner is experiencing the shock and denial of early phases of grief, while the filing partner may appear relatively emotionally disconnected. For these couples, though, the emotional conflict and feelings of grief do NOT escalate into protracted litigation, as their self control and generally good judgment prevail.

When these couples have children, disagreements over child raising are frequently a contributing cause to the divorce, especially when the children reach school age (5-7 years after the date of marriage is a peak time for divorce). Low conflict couples usually find a way to co-parent after divorce and protracted litigation is not in their future. Disagreements will be resolved or ignored but not litigated.

As clients, these low conflict couples are easy to represent. They do their homework, produce documents on time, rarely call in for "emergencies", and while admittedly sad and disappointed, they are not angry, demanding, needy, emotionally-draining clients. Very few have mental health or substance abuse histories, and most have stable careers and good extended family support.

If you have been doing the math, we have now covered about 90% of all divorcing couples. These numbers are consistent with the overall findings that more than 90% of all divorces end in settlement (either through negotiation or mediation) but NOT litigation. The remaining 10% of divorces are the high conflict, headline-making, protracted and expensive, nasty divorces that make family law lawyers resort to adult beverages. These cases are subject of the next note in this series.

And yes narcissism is a major player in these high conflict cases....Stay tuned.