Always a Way Out

Some people still believe they can stop a divorce by refusing to accept a summons. They can’t.

The most significant impact of the liberalization of divorce that began 40 years ago is that one spouse cannot deny the other a divorce.
In the bad old days before no-fault divorce, one spouse could make it all but impossible for the other to end the marriage. In years gone by, loveless spouses showed no end of ingenuity in ways to trap their partners in the shells of dead marriages, usually for reasons related to money and social position.

Today, the liberalization of divorce, which began in 1970 in California, means that if someone wants out of a marriage, the other spouse cannot trap him or her. Put another way, no-fault in practice means that no one has to stay married if he or she does not want to.

Liberalization does not make divorce easy. In the vast majority of cases, one spouse wants to end the marriage and the other does not, at least at the onset. And sometimes the reluctant spouse stalls the divorce in the hopes of a change of heart or out of spite. But these dilatory tactics eventually come to an end.

Posted in Divorce Laws | Leave a comment

The Ups and Downs

The late Paul Newman said that marriages can work as long as both spouses don’t go crazy at the same time. The observation bears remembering because so many people launch marriages that end in divorce because they believe what can be called the divorce myth of unhappiness: “Being very unhappy is a good sign that the marriage will end in divorce.”

Most married couples come to know that the road of marriage goes uphill and downhill. For them, even the word divorce never passes their lips. In the alternating current of married life – the give and take — for many spouses who don’t divorce the memories of the rough stretches – the uphill climbs – very often, in hindsight, make the marriage and the commitment that goes with it even more worthwhile.

Married people who divorce are unhappy, but the outcome of divorce is not necessarily the end of unhappiness, let alone the beginning of happiness. No married person can foresee the avalanche of changes a marital breakup causes — “processes and events over which an individual has little control that are likely to deeply affect his or her emotional well-being.” These include the response of one spouse to divorce, reactions of children, disputes and disappointments about child custody, support and visitation, and financial worries and woes.

“All marriages have their ups and downs,” says David Popenoe. He cites recent research using a large national sample that found that 86 percent of the people who were unhappily married in the 1980s, “and stayed with the marriage.” Five years later, three fifths of the formerly unhappily married couples rated their marriages as wither “very happy” or “quite happy.”

A 2002 study by University of Chicago sociologist Linda Waite challenged what is termed the “divorce assumption,” that is, “that a person stuck in a bad marriage has two choices: stay married and be miserable or get a divorce and become happier.” Waite’s researchers also found that two-thirds of the unhappily married spouses reported that their marriages were happy five years later. In addition, the most unhappy marriages reported the most dramatic turnarounds: among those who rated their marriages as very unhappy, almost eight out of 10 who avoided divorce were happily married five years later.”

“The study found that on average unhappily married adults who divorced were no happier than unhappily married adults who stayed married when rated on any of the 12 separate measures of psychological well being. Divorce did not typically reduce symptoms of depression, raise self esteem, or increase a sense of mastery…Even unhappy spouses who had divorced and remarried were no happier on average than those who stayed married.”

Says Waite, “Staying married is not just for the children’s sake. Some divorce is necessary, but results like these suggest the benefits of divorce have been oversold.”

Posted in Divorce | Leave a comment

The Grass is Greener

Linda Popielarczyk, a registered social worker in Toronto, finds that may people have exaggerated ideas about the therapeutic power of divorce to produce happiness. These people believe that their marriages made them unhappy; that divorce will make the discontent disappear; that sex and life will miraculously get better after divorce.

Popielarczyk says that divorce often represents a significant loss for adults, even when children are not involved. The longer the marriage, the greater the likelihood that ‘the relationship’ forms a significant part of one’s identity.

“People need to process what the separation means to them on an emotional level; to consider the marriage/relationship in terms of what was good, what was not so good, and how they may have contributed; and, who they are and want to become, as individuals, separate from the relationship.” When a marriage ends, a person should inventory the experience for lessons learned from the old relationship, or else risk a replay of the dynamics in subsequent relationships.”

Posted in Divorce News | Leave a comment

The Hope in Step Families

That second (or third or more) trip to the altar so often means a stepfamily, and with this, the hope the children of earlier failed marriages are better off in step-families than those headed by solo mothers and fathers.

Second timers (and third timers) launch some 1300 new stepfamilies each day, yet despite their hopes these new ventures crash even more frequently than first attempts. Yet despite this, many people believe this divorce myth: “Following divorce, the children involved are better off in stepfamilies than in single-parent families.”

“Stepfamilies tend to have their own set of problems, including interpersonal conflicts with new parent figures and a high risk of family breakup,” said David Popenoe of Rutgers.

Buoyed by high hopes of marital happiness, second and third timers fail to appreciate that the new marriage comes freighted with baggage from the failed marriage.

Elizabeth Einstein, a marriage and family therapist and the co-founder of the National Stepfamily Resource Center, suggests that many couples “need to slow down the marriage train” until the new partners resolve critical issues about the blended family. “People bring emotional baggage that’s never been dealt with, and that only gets more complicated” in the stepfamily. Unresolved loss, grief and anger, jealousy over the new person in the house and disagreements about discipline work against the stepfamily and the second (or third) marriage that supports it.

“While many families manage it pretty well, the evidence is pretty convincing that, on average, children often do not fare better in step or blended families,” says Prof. Scott M. Stanley of the University of Denver.

Stepfamilies are not like nuclear families, and stepparents are not replacement parents. This statement contains dynamics that make step parenting, even under the best of conditions, very difficult.

Posted in Divorce | Leave a comment

Don’t Count on Alimony

Alimony jokes are the stuff of nightclub comedy routines, but often alimony is not a consideration in a many divorces.

A divorcing woman should not count on alimony because in most cases, women do not get alimony at all. Generally, permanent alimony is awarded to stay-at-home mothers whose contribution to the marriage was child rearing, woman who have been out of the marketplace for a long time and whose stale job skills make it very hard for her to find employment. A young employed woman in a short-term marriage stands a very good chance of getting no alimony.

Posted in Divorce | Leave a comment

The Second Time Around

Probably the most popular – and durable — divorce myth concerns the durability of second marriages, that is, that second marriages are more successful than first marriages. “Because people learn from their bad experiences,” the popular wisdom goes, “second marriages tend to be more successful than first marriages.” That seems to make sense, and hope springs eternal. Moreover, since three-quarters of the men and woman who end marriages spin the roulette wheel of romance again within three years, it offers hope that the second time around the promised land of wedded bliss is at last in sight. Alas, it’s wrong. “Although many people who divorce have successful subsequent marriages, the divorce rate for remarriages is in fact higher than that of first marriages,” says David Popenoe, who heads the National Marriage Project at Rutgers University. Popenoe, who has codified many of the popular divorce fictions, says the divorce rate for second timers jumps to 60 percent and for those going to the altar again a third time, 73 percent.
Even before the grind of daily living begins, marriage, “the second time around,” as the song goes, comes freighted with problems and liabilities. And even before that, people contemplating a second marriage seem particularly prone to selecting a new partner without thinking through the first failure. “Going into a second marriage without realizing why the first one failed is like NASA building another rocket before finding out why the last one exploded,” observes one social commentator. In lieu of honest soul searching, very often former spouses assign blame to the first partner, and they think that the secret to marital happiness is simply a matter of finding Mr. Right or Mrs. Wonderful, mythical creations that exist nowhere except in their imaginations.

Very often, the monotony of daily living, which is a fact of life, includes the demanding management of unfinished business from the first marriage, for example, when a new husband stumbles in his perhaps unsought role of stepfather to his second wife’s children, or when a mother finds herself in a tug of war between her children from the first failed marriage and the expectations of her new husband. When a second marriage begins with one or both partners having minor children from a first marriage, heroic adjustments must be made. This becomes even more complicated when additional children enter the picture. The Brady Bunch (“yours, mine and ours”) looks funny on television; in real life, the success of a stepfamily demands hard work of all involved.

In second marriages, the climb becomes even steeper when a spouse finds himself caught, for example, between the financial demands of a former wife, who is the custodial mother of his children, and his new wife, who believes the first wife is just being greedy. Moreover, the management of money may not reflect the same level of trust had in the first marriage. In the first marriage, the partners think his money and her money is their money. This does not always happen in second marriages. Money management and agreement about it are fundamental to all marriages. When trust is absent, the marriage heads for trouble.

And finally, divorce the second time around does not hold the fear that divorce the first time does. As bad as divorce is, people do survive it. The “two-time loser,” as one twice divorced woman put it, describing herself, “knows the ropes.”

Posted in Divorce | Leave a comment

Divorce Litigation Madness

Some divorcing spouses imagine that a day in court is a day of vindication, but it is not. Judges have heard it all before, and rarely does the court recoil in righteous indignation when one side or the other recounts the wrongs a spouse visited on the marriage. That’s one reason to avoid litigation. The other is cost. Litigation is war, and like war it bankrupts the belligerents.

Only a tiny fraction of all divorce cases ever go to court, and with good reason. According to one source, in states with equitable distribution of assets (41 of the 50), each of the parties usually receives about half the assets, and it is very unusual for one party to receive more than 60 percent. “Given that he legal fees for a litigated divorce often exceed $160,000 total for both parties, and assuming that a skilled litigator might be able to get an extra 2 percent of marital assets awarded to his/her client, a litigated divorce make economic sense only if total marital assets are more than four million dollars,” according to Ronald B. Standler, the author of “Litigated Divorce in the USA As a Waste of Assets.”

Equitable distribution means fair, not necessarily mean half or even equal. Equitable distribution considers the financial situation of each spouse. This routine is more flexible, and in many jurisdictions judges exercise discretion in dividing the marital pie. For example, in one common situation, a court may award the custodial mother the marital home and give her husband cash assets even when that distribution is not equal. Courts can use equitable distribution to take into account liabilities that may accrue to one partner by virtue of the length of the marriage. For example, a court may favor a stay at home mother whose long years out of the workforce have made her employment problematic.

In most contested cases, lawyers continue to negotiate in search of a settlement even as they prepare for the courtroom battle because the preparations are part of the jockeying for position.

Moreover, aside from the staggering cost of a court battle, reputable lawyers know that couples who end their marriage in the courtroom part ways with a lasting hatred for one another than makes parenting after the divorce all but impossible.

Posted in Divorce | Leave a comment

New York No-Fault Divorce

On August 15, 2010, Governor Patterson signed a law, which will allow for no-fault divorce. This means that a person can get divorced without having to prove grounds, which is a reason for the divorce. After signing the bill, the governor stated, “[f]inally, New York has brought its divorce laws into the 21st century.” This will make getting divorced far easier.

The law states that a party is entitled to a divorce if his/her marriage has broken down irretrievably for a period of six months. “Broken down irretrievably” just means that the marriage is dead. The law states that a party is entitled to a divorce if his/her marriage has broken down irretrievably for a period of six months.

However, the law is not clear as to what a person has to do to prove his/her marriage has broken down irretrievably. Under the new law all a person has to do to get a divorce is sign a sworn statement stating that his/her marriage is irretrievably broken.
A Judge in Ulster County recently held that a party need not prove an irretrievably breakdown at trial. In other words, he seemed to indicate that signing a sworn statement is enough to get a divorce.

New York is the last state to enact no-fault divorce, which gives spouses the option of obtaining a no-fault divorce on a unilateral basis. No-fault divorce is the mechanism by which one spouse can terminate a marriage citing only irreconcilable differences. In other words, a spouse seeking a divorce in a unilateral no-fault state need not prove that the other spouse did anything wrong.
The move toward no-fault divorce – the liberalization of divorce laws – began in California in 1969 when then Gov. Ronald Reagan, himself a divorce man, signed what is considered the first no-fault law. Within the decade, almost all the jurisdictions had enacted some form of no-fault divorce.

Posted in Divorce Laws | Leave a comment

Divorce Plagues Children’s Social and Academic Lives

Young children struggle with math, social skills and emotions such as anxiety and depression for at least two years after the split when their parents divorce, a new study finds.

The research studies the effects of divorce by the predivorce, during-divorce and postdivorce phases. Surprisingly, said study researcher Hyun Sik Kim, a doctoral candidate at the University of Wisconsin, Madison, parents’ predivorce marital problems didn’t influence their children’s social and school success, but children fell behind and failed to catch up for at least two years once divorce proceedings began.

“Previous research has shown that divorce is tough on kids, with one study showing the experience doubled a kid’s risk of stroke over a lifetime, perhaps due to the effect of stress. But parental screaming and fighting are bad for kids, too, so the question remains: Is divorce ever good for kids?

Kim used data from a nationally representative long-term survey following kids who entered kindergarten in 1998 until eighth grade. He followed kids whose parents got divorced between their child’s kindergarten and third-grade years, finding 142 kids of divorce compared with 3,443 kids in intact homes. Children whose parents had been widowed or already divorced and remarried were excluded.

After controlling for factors such as socioeconomic status, teen parenthood and parents’ marital satisfaction, Kim compared the kids of “stable” and “split” households on measures including math and reading tests, teacher ratings of social skills, and teacher ratings of behavioral problems.

He found that kids of divorce began to struggle as soon as their parents began divorce proceedings. Over the next two years, the kids of divorce stayed behind other kids on math skills and social skills and they began “internalizing behavior problems,” that is, behavior problems that manifest themselves by way of sadness, loneliness, anxiety and depression, Kim found.

Given that parents on the road to divorce likely have troubled marriages, Kim had predicted that the conflict would be reflected in their kids’ development.

“It was a little bit surprising, but when I looked the research about divorce and child development, there are some explanations,” Kim said. “For example, not all divorces are plagued with marital conflict.”

Another explanation, he said, is that parents whose children seem especially sensitive (struggling even without divorce) might decide to hold off on divorce for fear of upsetting their child. Thus, a large proportion of kids struggling with unhappy parents end up in the two-parent home group rather than the divorced-parent group.
The sample size wasn’t large enough to look at the effects of divorce by gender, age or ethnicity, Kim said. One 1989 study found that children whose parents divorced in the first five years of the child’s life were worse off than children whose parents divorced later, so the results may not apply to every age group. Kim plans to replicate the study with different groups of kids.

In the meantime, he said, there are good reasons that the divorce and postdivorce phases may be tougher on kids than predivorce discord. Custody battles, a parent moving away, and the shuttling back and forth between two new households can all cause hardship, Kim said.

The best thing I can suggest is that when we observe children of divorce, we need to intervene as early as possible,” Kim told LiveScience. “Because if children of divorce undergo a certain stage, then it is hard to make them catch up to their counterparts.”

Kim reported his results in June in the journal American Sociological Review.

Posted in Divorce News | Leave a comment

Finalizing the Divorce

Finalizing a divorce means that the judge signs the divorce decree ending the marriage. The route to this point may vary depending upon whether or not the divorce is contested or uncontested, but at some point, sometimes after a short hearing, the court is ready to move.
To get to that point, the filing party should be sure he or she has all the appropriate paperwork with the court. All the copies should be stamped and, if necessary, notarized affirming the dates a party submitted each document.

In an uncontested action, the filing spouse can then make an application for entry of default and mail a copy to the defaulting spouse. Normally, all mailed paperwork must be notarized and all mail should be sent certified mail with signature required and a return receipt.
Some jurisdictions require a parent with minor children to complete a parent education course. The court may require proof of completion of this course.

These steps may not be applicable in all states and some states may have additional requirements. Applying for an entry of default does not guarantee that the finalization of the divorce. Most states have waiting periods between the filing and the finalization of a divorce. Here are a few:

> New York
: a 30-day waiting period that begins when respondent spouse is officially served divorce papers.
> Texas: a 
60-day waiting period that begins as soon as the divorce is filed.
> Florida: a 20-day waiting period that begins as soon as the divorce is filed, but can change if the Court decides that a waiting period is unjust.
> Illinois: Both parties must first show that they have been living “separate and apart” for an uninterrupted period that exceeds 2 years. “Separate and apart” does not always require the couple to have lived in separate housing. In the case of a no-fault action, that period of can be reduced to 6 months when parties waive the 2-year requirement in writing.
> California: 
a 6-month waiting period that begins when respondent spouse is officially served with divorce papers.
In some jurisdictions, the filing party the must schedule a hearing date. All appropriate paperwork should be taken to the hearing, which is normally very brief. Included in the paperwork is the decree of dissolution of marriage and the domestic default cover sheet, along with the child support order, order of assignment and fact sheet if necessary.

In some cases, the judge signs the decree after the hearing.

Posted in Filing Procedures | Leave a comment