Pennsylvania Family Law Blog

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A discussion of family law issues, published by Mark E. Jakubik

Recession and Divorce

With the recession hitting us hard and jobless rates up it has caused the divorce rate to increase. We all know that the economy is struggling and there are more pressures out there on each of us personally. How does this affect your marriage? I am sure you’re already feeling it, financially and emotionally. If your not then maybe you should prepare for it, finances are one of the number one reasons that couples get divorced or break up. With the added pressures of cut backs, foreclosures and other signs of recession it is bound to affect everyone somewhere in their lives and families. Let’s see if we can figure out some solutions that may help you and your relationship sail through this a little less tattered.

When the country is struggling to find a way to bail out businesses, cut costs and take care of it’s people, no matter how hard they try, they are going to loose some of them along the way. Jobs get cut, people get offended and they feel lost in a sea of millions. They start to feel like no one is hearing their woes and that they’re alone in this fight. They start to feel singled out, worthless and almost martyred sometimes. They start to take it personally. This is usually the first stone in the wall that gets built between them and a loved one who truly cares about what they’re going through. Overtime, without any help, they slowly add stones to this wall until eventually it’s so high they can’t see over it. Can’t see what is on the other side, their significant other has disappeared in their eyes. They stop talking and communicating because they no longer feel that anyone will understand their plight. One spouse is feeling alone and the other starts to feel left out and neglected. It isn’t that one spouse doesn’t want to help the other, it’s that they aren’t working together to fix it anymore.

How can you fix this or stop it from happening in your marriage? You would think that would be a simple, “don’t do it” answer but it’s not. Trying to help someone who is building a wall without you can be very difficult. It takes a lot of work and it is steady work, not just a quick fix. It takes sitting down to take on this fight together. You have to remove every stone as it is laid. It takes communication and reassurance. You have to realize that you are in this together; no matter if one of you feels like they are alone or not. Let your spouse know that this situation is happening to both of you, not just one of you. Let them know that you are feeling what they are, what happens to them effects you too. I know this is a time when you don’t have much money or adding anything else to the budget could add more stress, but if you are not communicating well, or not hearing each other, this may be a good time for communication counseling. If you can’t afford it, then still realize you need it and try to find a way to communicate. One good thing to try is writing love letters to each other. Tell each other on paper how you are feeling. That way you are not interrupting each other, you are getting it out and the other person has something to physically hold on to. Something read when they are down. You also need to realize that you are in this together. Marriages and relationship are built as a two person structure; there is a reason for that. You are not alone in this what ever happens, good or bad, it happens to both of you, together. Even if you are separating, you’re both at a loss at the same time. You’re still going through the same thing, having the same experience. You can use that to help support each other. We all like to be with people who understand and are going through the same things that we are.

Not having enough money to do simple things, like shop for groceries or pay bills can definitely slam a wedge between two people. Especially if only one person takes care of the finances. That causes added pressure on that person that could be relieved simply by doing it together. Don’t put one of you in a position where you are trying to hold up the lives that you built alone. Foundations are not built on one skinny stick; we are not made with one leg. We have two for balance. Foundations are spread across an area to that they can hold up the weight. How long can you stand on one foot? Don’t put all the pressure on one person. Stand together and weather the storm. Shore up any distance between you and hold on. Trust me, in the end, when the storm is over, you will be stronger for the next one. Together or not in the end, it will help to know you did everything you could and there will be no “should of, could of or would of’s.” You took every step and are entering into any kind of separation may be easier to handle. Stepping into one without taking every step you could of leaves unanswered questions and makes it harder to get through. Making the emotional strains and stages of divorce longer.

With the stress and strain of the economy, finances and other normal marriage strains, emotions can run high during a recession. People may turn to old bad habits to relieve that, such as alcohol, gambling or straying. The emotional instability and worry can cause relationships to feel like they are drifting worlds apart, when in reality there is no other problem than outside influences pulling you apart. Each person finding a reason to step farther away instead of finding the source and getting rid of it. I have repeated my friend Gordon’s comment over and over, “it takes more energy to get a divorce than it does the save the marriage.” Thank you again Gordon, it’s a wonderful statement and should be engraved into people’s minds. It does take more energy to pull apart two objects than it does to put them together. I’ve got two examples for you that you might understand.

1. Playing with magnets in school. I am sure that in some science class somewhere in school they had to play with magnets. This is a good life lesson that we don’t really think about. Some magnets repelled each other and you couldn’t get them together no matter what you did. Some pulled together and it was hard to keep them apart. This is like a marriage because at one point, you two pulled together. You were drawn to each other like magnets. Now with the added strain of the recession it is like trying to pull the magnets apart. They went together easily and were harder to pull apart. Think of outside influences as those two hands trying to pull those magnets apart.

2. The lid of a jar. When you first try to open that jar and let the contents out that lid is stuck tight. Sometimes they are hard to get off. You have to twist, pull, bang it on the counter, use other object to try and pry it open. This is like a marriage. The lid should be stuck on tight. The twisting and pulling being the outside influences that can open that lid and eat away at the contents.

Whatever your outside influences are during this recession and no matter if your marriage breaks apart in the storm or not, it is hard on all of us. Realize that right now there are a lot of outside influences affecting our lives. There is pressure on everyone. You are not alone; we are all here with you. We are not just one skinny stick holding up our whole worlds. We are a group of legs that need to shore up and stand together so that we can all make it through these high winds and rough waters.

Source: Examiner.com

Filed under: Divorce, Finances, Marriage

5 Steps To Managing Your Money And Your Marriage

In our society, money represents power, success, and often even your value as a person. We say (misquoting the Bible,) “Money is the root of all evil,” or ”money is power;” or “he who has the gold, makes the rules.”  We consider it spiritual to take a vow of poverty, and we prosecute and convict people who get greedy.

Money is serious stuff. Some of us think people who make a lot of  money must lack character; others think poor people are morally deficient. These attitudes are not the way we want to think, they’re prejudices, acquired before we learned to think rationally. But these prejudices can cause huge troubles in marriage, including financial infidelity – where one or both parties spend money out of resentment,  jeopardizing the couple’s financial security.

Money issues couples fight about include: Who pays for what? Who keeps records, pays bills, controls budget, etc.? When, how and why do we spend money? One wants to save, the other wants to spend. How do we make big financial decisions? Or, perhaps, they can’t talk about money at all without arguing.

If you and your partner tend to think the business end of a relationship is not a romantic topic for courtship, you may not discuss it until you can’t avoid it, and then you fight. You may not think of your marriage as a business deal, but a huge part of it is just that. Just like a business, a marriage takes in income, pays expenses, and is supposed to have a little profit (savings) left over.

The business aspects of marriage are clear to me, because for 15 years before I went back to school and eventually became licensed as a therapist, I was an accountant in business. Just like a small business, your relationship has one or more sources of income, you have expenses, and, like a business, your marriage is supposed to make a profit — to create savings, investments and equity (which a business would call assets) and have money left over in the bank at the end of the month.

As partners in a marriage you have similar financial responsibilities to partners in a business. In fact, some businesses are called partnerships, and we often use the same word for relationships. Family members are somewhat like workers, when they do maintenance, chores and homework, and somewhat like clients, who receive services from the partners, Mom and Dad.

Mom and Dad are the Chief Operating and Financial Officers, who must figure out how to allocate the funds coming in, and how to provide the necessary guidance and services to their children and to each other. In business, there’s a lot of discussion about ‘corporate culture’ — the attitudes and practices within the business: how employees and executives deal with each other, the ethics of the company, and their focus, or lack thereof, on meeting goals and becoming successful.

Likewise, your marriage and family have a ‘family culture’ — how you interact as partners and family members; your mutual goals, hopes and dreams; and how successful or unsuccessful you are at meeting your goals. Obviously, a family culture that involves a lot of fighting about money will be less efficient and not as successful at meeting its goals.

No matter what your circumstances, creating financial security can make life easier. To do this, you must learn to manage your money wisely. The amount of money you bring in may not be large, but if you manage it well, it can be all you need. On the other hand, we have all heard stories of people who earned vast sums of money (lottery winners, celebrities or dot-com millionaires, for example) and who squandered it until they had nothing left.

The amount of your income will not determine the amount of your “family profit” unless you manage it well. When you work together to handle your finances intelligently, you can create the financial security you need to live life comfortably. When your partnership extends to making smooth financial decisions and meeting your money goals without struggling and arguing, you’ll find that everything else you do becomes less stressful.


USING BUSINESS SKILLS AT HOME

Viewing your family dispassionately as a business doesn’t sound romantic, but if you can step back from your feelings long enough to view your relationship from this perspective, your financial situation make more sense, money problems will be easier to solve, and you’ll be able to discuss financial decisions with less difficulty. Here are some guidelines for using business skills at home.

1. Don’t React — Respond.
As I said in the previous chapter, neither of you would argue with the boss, colleagues at work, or a child’s teacher the way you argue with each other. Even if your boss makes you angry, most likely you would use self-control at the office, and blow off steam in private to your co-workers or a friend. Then, when you had a chance to think about the situation, you’d develop a better way of handling it, and perhaps approach your boss with a considered solution. You can do the same thing with your spouse when you have a money problem.  Instead of saying the first thing that occurs to you, such as criticism or blaming, stop and think of a response more likely to lead to a discussion of the problem, rather than an argument.

2. Use positive manipulation.
We often think of manipulation as a bad thing, as dishonest. However, acting in a way that makes it more likely to get a good response is not always deceitful or insidious. When you present an idea or solution, think about what your spouse would like about it, and lead with that. ”Honey, you know that new car you’ve been wanting? I think I have a way for us to get it.. We could take out some equity on the house to renovate the kitchen, we could get your new car, and the interest would be so much cheaper than a car loan.” This is truthful, thoughtful, and clearly shows the husband how both of their wants can be taken care of, so it’s more likely to get a positive response.

3. Have a Formal Meeting.
Just as you would in business, sit down for a real meeting about important financial issues. Don’t expect to be able to discuss finances successfully while you’re on the run, when it’s late at night, or while watching TV. Instead, make a date for discussing finances, and take the time to sit down together, with all the proper information, and discuss your needs, wants and means. Follow a meeting method like Robert’s Rules of Order, to keep the discussion on track. If a difficult problem arises, use the problem solving skills at the end of this chapter.

4. Take Finances Seriously.
Healthy businesses keep a close eye on the bottom line. In marriage, this means being careful about your money, but also not using money as a weapon against each other, or being irresponsible about it. A successful, happy marriage requires that both partners act like grownups. It’s not surprising if you have disagreements about how much to save, when and what to spend and who makes financial decisions, because such differences are normal between people. If you take them seriously, and sit down to solve them together with mutual good will, your different points of view will become assets, not problems.

5. Check in Regularly.
As you do in business, have a brief check-in as frequently as possible. In the morning, or the night before, compare your daily schedules. Even if the things on your schedule don’t really involve your spouse, mention them, so that each of you will know if you’re facing anything important, or challenging in the day ahead. When you have an idea of what’s involved in each others’ daily lives while you’re apart, you will be much more able to respond in a helpful fashion to each other, especially when sudden changes or problems arise.  For example, you can say I have to pick up some clients at the airport today, and I don’t know what the traffic will be like, so I could be late tonight.”

When you follow these guidelines for handling money together, you’ll understand each other better, and you’ll both understand your goals and feel more motivated to follow the plans you make.

Source: Divorce360.com

Filed under: Finances, Marriage , , ,

Renewing Vows Can Help Save A Marriage

In an era when celebrity weddings have an almost unrivaled potential to catch the public eye, another kind of nuptial ceremony — the renewal of vows — seems just as noteworthy.

Most recently, the celebrity power couple of Madonna and Guy Ritchie reportedly opted to tie the double knot at a private Kabbalah ceremony in Los Angeles, using the occasion to announce their pledge to try and rebuild their shaky seven-year marriage.

It’s a strategy that just might work. Relationship experts say that pledging to recommit to a spouse is, for many couples, an essential part in healing a broken marriage.

Dawn O. Braithwaite, professor of communication studies at the University of Nebraska-Lincoln, has researched couples who opt to renew their vows. And she says that while there are a number of reasons why couples might renew their vows — from indulging in a fantasy wedding they could never afford, to satisfying a desire to have their families involved in their recommitment — some of those who seek a renewal do it to salvage a faltering marriage.

“They want to fix something,” Braithwaite said. “It’s what we call relationship repair; they want to repair infidelity, or having grown apart, or a relationship that was not very close.”

David Popenoe, professor of sociology at Rutgers University and co-director of the National Marriage Project, agrees. “It’s kind of a promising concept, though I suppose only a very small percentage of married couples are doing it,” he said. “But I think that it is something that I would personally encourage.”

But some experts say that while the idea of a ceremony to celebrate a matrimonial recommitment may be as commendable as it is romantic, both Madonna and Ritchie will likely need to change the way they act toward one another for it to do any good.

For some celebrity personalities, this may be easier said than done.

“Celebrities, in particular, are at risk for ’special person syndrome,’” said Susan Heitler, a Denver-based clinical psychologist and author of “The Power of Two.”

“If somebody grows up with special talents — if they are taller, smarter or more athletic than others — they can see themselves as being in a special category and that makes the rules not apply to them,” she said. “They have never really learned how to be a teammate. They have always been in the limelight alone. But marriage is a two-person game.”

And renewing vows alone may not be enough to heal all of the damage that has been done within a relationship. Former Democratic presidential hopeful John Edwards renewed his vows in a ceremony on July 30 of last year, just months before an infidelity scandal rocked his personal and political life.

When It’s Time to Recommit

The task of rebuilding a marriage, for celebrities and non-celebs alike, is not a simple proposal.

“Often when people first pick someone to marry, their heart knows what they are doing,” Heitler said. “At the same time, perhaps at least one of the partners does not have the skill set to maintain a successful marriage. Over time, the irritation grows and the affection fades.”

Heitler, who says she specializes in “last-ditch couples” who are often referred to her by a divorce lawyer, says that recommitting to a marriage involves learning new ways of interacting with one another — and a commitment to compromise.

“When I see many of them interact in my office, I often say that I 100 percent agree that they need to divorce themselves from that old marriage,” she said. “But that’s a separate issue from whether they want to remain life partners.”

“They can stay married, but they need new ways of addressing the complications and situations that come up between two people trying to live life as a duo.”

But if these couples can truly achieve a fresh start, Braithwaite says, a renewal ceremony can be an important component in mending the relationship. She says that in the course of her research, she remembers one couple in particular who used a vow renewal ceremony to celebrate their recommitment to each other.

“She felt as if they had drifted apart,” Braithwaite said. “But when they were in church, they heard something in a sermon that made them realize they wanted to be together after all.”

“She said, ‘You know, I don’t think we would have made it if it were not for that ceremony.’”

Aside from the symbolism of the ceremony, Braithwaite says, a renewal of vows is also a public recommitment, and those in attendance may be able to offer further support for the newly mended couple.

Can You Retie the Knot?

But is it really possible to mend a broken marriage? Heitler says it is — and she adds that a renewal of vows can be a fresh start for those who are still very much in love, but who cannot seem to get the hang of married life.

“It’s a chance to rebuild,” she said. “Usually, the flame is renewed just by being together again.”

Heitler says that in terms of the success rate she has seen for mended marriages, “80 percent end up with a wonderful marriage.” But she notes that in order to succeed, those who recommit to each other need to develop three crucial skill sets: the ability to make shared decisions, the ability to consistently talk in tactful ways and listen to their partner’s response and stay in control of their emotions so they can avoid letting their anger take control in their relationship.

“If you just remarry on the basis of rekindled affection, people who do not have these important skills who go for a second round are more patient with their partners,” she said. “That can get them through, but they are still better off if they learn these skills.”

Braithwaite agrees that in many cases, it takes more than love to make a mended marriage work.

“I would not advise anyone to do this out of desperation and say, ‘I’m going to save my marriage,’” she said. “This is like the icing on the cake.”

And if the vow renewal between Madonna and Ritchey works, Popenoe says, we may be able to expect a trend.

“All it may take is for a few celebrities to renew their vows, and if it works over a long term it may become pretty prominent within the public,” he said. “We all know how much influence they have over the public.”

Source: ABC News

Filed under: Marriage

Schwarzenegger Opposes Gay Marriage Ban

In an apparent shift in position, California Governor Arnold Schwarzenegger says that he will oppose any attempt to impose a ban on gay marriage in California. From today’s San Francisco Chronicle:

Gov. Arnold Schwarzenegger told a group of gay Republicans on Friday that an attempt to ban same-sex marriage by changing the state Constitution is a “total waste of time” and promised to oppose such an initiative if it qualifies for the state ballot.

Backers of the measure criticized the governor as a liberal despite his Republican Party affiliation, while supporters of same-sex marriage applauded Schwarzenegger.

Schwarzenegger’s staff said the governor, who has vetoed legislation to legalize same-sex marriage in recent years, has not changed his stance on the issue but simply wants the state Supreme Court to decide the legality of current state law.

Schwarzenegger said Friday he is opposed to amending the state Constitution to ban same-sex marriage.

“I will always be there to fight against that,” the governor said in San Diego at the annual convention of the Log Cabin Republicans, the nation’s largest gay Republican group, as the attendees erupted in loud applause.

The Austrian-born governor drew laughs from the crowd when he added:

“I think we need a constitutional amendment so that a foreign-born (person) can run for president, but not against gay marriage. That would be a total waste of time.”

He made the comments during a brief question-and-answer session with Log Cabin President Patrick Sammon, who asked the governor where he stands on the proposed ballot measure whose proponents are gathering signatures for the November ballot.

That effort continues as the state Supreme Court considers the legality of Proposition 22, an initiative approved by state voters in 2000 that reaffirmed marriage as being between a man and a woman. The justices are expected to rule by early June.

In recent years, Schwarzenegger used Prop. 22 as the basis for vetoing a pair of bills that would have legalized same-sex marriage, arguing he would support the will of the voters. But Julie Soderlund, a spokeswoman for Schwarzenegger, said the governor’s comments on Friday are not inconsistent with his vetoes.

“He has said many times … that people have spoken on the issue. However, if the Supreme Court would overturn the decision, he would enforce the law, and he would not support a constitutional amendment to ban” same-sex marriage, she said.

Although Friday was the first time Schwarzenegger has publicly stated his opposition to the proposed ballot measure to amend the Constitution, he has held that view for a while, Soderlund said.

Karen England, executive director of Capitol Resource Institute, a conservative pro-family group in Sacramento, said Schwarzenegger’s latest statement “confirms what we have known all along.”

“He really didn’t support Prop. 22. … He’s always shown to be a liberal … and it’s disappointing,” she said.

England acknowledged that Schwarzenegger’s opposition to the ballot measure is a strike against the campaign to ban same-sex marriage.

“You never want someone with high-profile, movie-star quality against you,” she said. “But it won’t change the fact that Californians want marriage to be between a man and a woman.”

Proponents of same-sex marriage applauded Schwarzenegger’s stand.

“This is extremely significant, and it’s an enormous event to have our Republican governor come out against this ballot measure, which is opposed by Democrats as well. It makes this opposition a bipartisan issue,” said Geoff Kors, executive director of Equality California, a gay rights group.

Equality California has been actively lobbying the governor to oppose the ballot measure, he said. While Kors hoped that Schwarzenegger would take a public stand on the measure, he said he was pleasantly surprised to hear the governor say the measure “is a waste of time and that he will stand with us in fighting this if it qualifies.”

Assemblyman Mark Leno, D-San Francisco, who wrote the same-sex marriage bills that Schwarzenegger vetoed, said the governor is “without a doubt showing leadership, and he should be applauded for it.”

“What the governor has pointed out is that even though he has not supported our marriage equality bills, one could still oppose a constitutional amendment to ban gay marriage,” Leno said.

Filed under: Marriage, same sex issues

Gay Couple Married in Massachusetts Cannot Get Divorced in Rhode Island

A lesbian couple who married in Massachusetts cannot get divorced in their home state of Rhode Island, the state’s highest court ruled Friday in a setback to gay rights advocates who sought greater recognition for same-sex relationships.The Rhode Island Supreme Court, in a 3-2 decision, said the family court lacks the authority to grant a divorce because state lawmakers have not defined marriage as anything other than between a man and a woman.

‘The role of the judicial branch is not to make policy, but simply to determine the legislative intent as expressed in the statutes enacted by the General Assembly,’ the court wrote in the state’s first case dealing with same-sex divorce.
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Cassandra Ormiston and Margaret Chambers wed in Massachusetts in 2004 after that state became the first to legalize same-sex marriages. The couple filed for divorce last year in Rhode Island, where they both live, citing irreconcilable differences.

‘My civil rights, my human rights have been denied,’ Ormiston said in a telephone interview. ‘It’s no small matter.’

Though the women could divorce in Massachusetts if one moved there for a year, Ormiston said that was an unfair burden and something she would not do. She said she was ‘embarrassed’ for the court.

‘I see this as a matter of justice not denied – but rather justice delayed,’ she said. ‘This is an issue that will in time be resolved correctly. Today’s not that day, but this issue will not go away.’

Nancy Palmisciano, Ormiston’s lawyer, said couples married in other states and other countries are routinely granted divorces in Rhode Island, and that the same freedom should apply in this case.

‘I’m disappointed for anyone who’s involved in one of these marriages who’s a resident of the state of Rhode Island,’ she said. ‘I think these people are being confined to a legal limbo.’

Louis Pulner, a lawyer for Chambers, said he was surprised by the decision.

‘I feel that it’s unfortunate that two people who are legally married cannot get closure here in the state of Rhode Island,’ Pulner said.

Palmisciano and Pulner had argued that the court should consider only whether Rhode Island could recognize a valid marriage from another state, and stressed that the court’s decision would have no bearing on whether same-sex couples could wed in Rhode Island.

Massachusetts, the only state where gay marriage is legal, restricts the unions to residents of states where the marriage would be recognized, and a Massachusetts judge decided last year that Rhode Island is one of those states.

No law specifically bans same-sex marriages in Rhode Island, but the state has taken no action to recognize them.

The justices said Rhode Island laws contain numerous references to marriage as between a woman and a man. The court also said the General Assembly did not have gay marriage in mind when it created Rhode Island’s family court, which handles divorces, in 1961.

The couple’s divorce petition drew a broad range of supporters, including Attorney General Patrick Lynch, who earlier this year released a nonbinding advisory opinion saying Rhode Island should recognize same-sex marriages performed in Massachusetts.

In earlier court filings, Gov. Don Carcieri, an opponent of same-sex marriage, had also argued in favor of granting the divorce. He said under Rhode Island law, the family court didn’t have to address whether the marriage was valid at all, avoiding a larger debate about same-sex unions.

But he hailed Friday’s court decision, saying in a written statement that, ‘It has always been clear to me that Rhode Island law was designed to permit marriage – and therefore divorce – only between a man and a woman.’

Karen Loewy, a staff attorney for Gay and Lesbian Advocates and Defenders, said she viewed the court’s decision as a narrow ruling, but feared that same-sex marriage opponents would use it to argue against broader legal recognition for same-sex couples in Rhode Island.

‘You’re essentially asking these women to move to access justice’ Loewy said. ‘The door of the courthouse has been barred for them.’

Jenn Steinfeld, director of Marriage Equality Rhode Island, said she felt ‘incredibly upset’ but would continue to push the General Assembly to legalize same-sex marriages.

But opponents of same-sex marriage praised Rhode Island’s top court for rejecting even a limited recognition of same-sex marriage.

‘The meaning of marriage in Rhode Island is the union of a man and a woman,’ said Monte Stewart, president of the Utah-based Marriage Law Foundation, which filed a brief in the case. ‘You have to have a marriage before you can have a divorce.’

Source for post: The Boston Channel

Filed under: Divorce, Marriage, same sex issues

Learning to Ride the Marital Storm Can Lead to Calm Waters

A survey published this week reveals that the vast majority of adults want to be married. More than seven out of ten say they would like a ring on their finger – more than ten times the number of people who want to live with a partner without being married.

The survey, carried out for the BBC, said the preferred lifestyle of 62 per cent of adults would be “married with kids”. This was in stark contrast to the number of respondents – just four per cent – who wanted to be “unmarried with partner and kids”. Overall, 71 per cent wished to be married while only seven per cent aspired to cohabit.

These findings fly in the face of the divorce statistics, which show that nearly one in three marriages ends in divorce. If so many people crave marriage above all other kinds of lifestyle, why do so many end up in the divorce courts?

There is, of course, no simple answer to this, but popular opinion suggests that many married couples jump ship when the relationship hits choppy waters rather than trying to ride out the storm by tackling their problems.

Having been in the divorce business a long time, I don’t see much evidence of this, but undoubtedly it happens in some cases – and perhaps not surprisingly. In a world that demands we seek fulfilment, new challenges and excitement at every turn, it’s not hard to see why some couples are tempted to ditch an unexciting, slightly problematic relationship in the hope they’ll strike gold next time around.

If you fall into this category, then I would urge you to look beyond the shortcomings of your spouse and the less-than-thrilling nature of your marriage and consider, before you book an appointment with a matrimonial lawyer, why you wanted to be married in the first place.

Presumably, your first answer is likely to be that you were in love with your partner and wanted to share your life with them. But you could have done that without walking down the aisle. The fact you opted for marriage rather than cohabitation suggests there was more to it than simply being head over heels in love.

My bet is that you wanted emotional and financial security and stability, along with, perhaps, social “respectability”. If any – or all – of these reasons resonate with you, then imagine them being taken away, as they will be if you decide to go down the divorce route.

Assuming your relationship isn’t abusive or utterly miserable, my advice is that you focus more on your wish to be married and less on the fact that the man or woman you married doesn’t light your fire in the way they once did.

No relationship is perfect and the passage of time can bring a certain amount of disillusionment, but before you decide to bail out, think about how it will be when the security and stability your marriage has given you is dismantled. You’ll be single again – possibly at an age when it’s not easy to find a replacement partner – you may lose your home, you may end up significantly poorer financially and you’ll have no one to fight your corner in the way a spouse, however unsatisfactory in other ways, will do.

What is more, if your main problem is boredom and niggling irritation, remember that a new relationship, however exhilarating to begin with, may also become humdrum and equally exasperating in time.

If this week’s survey is right and 71 per cent of adults aspire to be married, the institution itself – apart from the person you married – must have something going for it. So think about this, rather than your partner’s annoying habits, and consider riding out the storm. If you do, the chances are you will reach the calm waters of acceptance, if not contentment, and be glad in the end you didn’t decide to jump ship.

Source: Benussi Blog

Filed under: Divorce, Marriage

Maryland High Court Upholds Law Banning Same Sex Marriage

The opinion, all 224 pages, can be found here.

Filed under: Marriage, same sex issues

Wedding Performed By Minister Ordained Via Internet Invalidated By PA Judge

PhillyBurbs.com reports that a judge in York County, Pennsylvania has invalidated a marriage performed by a “minister” who was ordained over the internet by the Universal Life Church (the same outfit discussed in a New York Times article to which I linked in a previous post). Pennsylvania law specifies the categories of people authorized to conduct a valid marriage ceremony: mayors, judges, and ministers, priests or rabbis “of a regularly established church or congregation.” The “minister” in question testified that he did not have a congregation with which he met regularly, did not have a place of worship, and was not a member of the Universal Life Church before his ordination. Given those facts, the likelihood that this decision will be overturned on appeal is, in my view, close to nil. Evidently the Universal Life Church is mulling an appeal of the decision. I can understand this – I would assume that the Church does not want to leave the door open to the argument that it is not a church as that term was intended in the Pennsylvania statute. That is an argument, I would say, best left for another day, and about which I express no view one way or the other. My advice – if you want your friend or relative to conduct your marriage ceremony, and he or she is not a mayor, judge or priest minister or rabbi in an acknowledged, mainstream religious denomination, do your due diligence, lest you make a big mistake.

Filed under: General Family Law, Marriage, Pennsylvania Law

Great Wedding! But Was It Legal?

In an era of six-figure weddings when couples obsess about the band playlist and hand towels for the restrooms, one question may get short shrift: Is the person performing the wedding legally able to do so?

Daniel Morales and Gwendolyn Baxter thought they knew. Their outdoor ceremony two summers ago in Farmington, Conn., was performed by a friend who had been ordained online by the Universal Life Church. Having heard of other couples who were married that way, they assumed it was legal.

But Connecticut is one of a half-dozen places that do not recognize marriages performed by someone who became a minister for the sole purpose of marrying people. Such a minister “doesn’t meet the requirements of the state statutes,” said William Gerrish, a spokesman for the Connecticut Department of Public Health.

The penalty in Connecticut for an unauthorized performance of a marriage is a fine of up to $500 and a year in jail for the officiant, though Richard Blumenthal, the Connecticut attorney general, said prosecution is unlikely.

As for the marriage, the statute is clear, Mr. Blumenthal said. Nonetheless, he encouraged couples not to panic; unless the issue is forced through divorce or death, the judicial system tends to grant couples the benefit of the doubt.

“If the marriage is performed by someone unauthorized, but the two people having the marriage still believe it to be valid, it may continue to be valid until someone challenges it,” he said.

But, he said, “They are at risk.”

With so many people turning to friends and relatives to perform their marriage ceremonies, more are bound to discover that they may not be legally married. But finding out what is allowed can be daunting. Marriage laws are often vague and vary from state to state and county by county. And misimpressions are rampant.

“The most important thing to us was that someone we knew and liked would marry us,” said Mr. Morales, who is a lawyer in Chicago, where his wife is in law school.

“If two lawyers can be duped into getting married illegally,” Mr. Morales said, “then anybody can.”

For some couples, the legality of the marriage is a secondary consideration. They see their wedding as a public celebration of their commitment to each other and little more than that.

So, with their encouragement, friends and relatives with no more interest in ministering than the looming wedding date sign up with online ministries, where they can become ordained just by typing in their name and address.

The Universal Life Church alone has ordained more than 18 million ministers since it was founded in 1959 in Modesto, Calif. The organization ordains 10,000 people a month, twice as many as in 2000, according to Andre Hensley, the church’s president. Eighty percent join the fold solely to perform weddings, he said.

The Church of Spiritual Humanism, the Rose Ministries and the Temple of Earth, which describes itself as a “religion-free religion,” also have online ministry sites.

Somehow forgotten is that marriage is a legal contract. And three states besides Connecticut – Alabama, Virginia and Tennessee – as well as other jurisdictions, prohibit weddings performed by ministers who do not have active ministries.

Even in Las Vegas, that city’s no-holds-barred image notwithstanding, it is illegal for individuals to perform a marriage if they do not have a congregation, according to Lynda Foresta, the Clark County division manager of marriage services. Yes, Elvis may be in the house, but he may face up to six months doing the “Jailhouse Rock” unless an authorized minister is there to sign the license.

In many other states, including New York, the rules about ministers ordained online are less clear. Often, even city, county and state officials are uncertain of the parameters.

As a clerk at the Marriage License Bureau in Philadelphia, who did not want to be named because she is not allowed to speak to reporters, said, “People call us and ask if it’s legal or not, and we don’t know if it’s legal.”

Wedding announcements may generate more confusion. The New York Times has a policy of publishing articles only about weddings in which it can confirm that the officiant is legally empowered to perform the ceremony. Nonetheless, confusion over which jurisdictions permit what officiants has led to the publication of articles about at least a dozen weddings in recent years that in retrospect appear questionable.

The laws regarding officiants are there to ensure that only people of sufficient standing perform a ceremony that is a keystone of society. Elnora Douglas, the office coordinator of the St. Louis County marriage license department, finds it odd that couples would want to circumvent them.

“It’s like you want your favorite cousin to do a surgery, so they go online to get a medical degree,” she said.

Still, she said, “Everyone saw that episode of ‘Friends’ where Joey got ordained, and we’ve been bombarded.”

Kimberly Palmer, 27, a business reporter at US News & World Report in Washington, said she turned to a Universal Life minister because she and her husband are of different religions.

She grew up Catholic, she said, and her husband, Sujay Davé, 29, has a parent who is Hindu. Though neither consider themselves religious, they wanted their ceremony to “have an underlying spiritual element.” They were married in 2005 in Chevy Chase, Md., after conflicting responses from town officials regarding the wedding’s legality there. (A county clerk later told a Times reporter that it was legal).

The option of standing before a judge or justice of the peace did not appeal to them.

“It would have been so impersonal,” Ms. Palmer said. “We were willing to take the risk to have the ceremony that we really wanted.”

That may not be the wisest course, said Louise Truax, a lawyer in Fairfield, Conn., who specializes in family law.

“If you get married by someone who isn’t able to marry you, that’s a problem,” she said, proceeding to list some of the potential repercussions: “If you don’t have a legally recognized marriage, then your ability to get relief in the event of a divorce goes away,” she said. Inheritance rights could also be in jeopardy, and couples could have trouble with the I.R.S. if they filed joint tax returns.

And 39 states, including Connecticut, do not recognize common-law marriage, so the idea that time together will legalize the union does not apply.

FOR that reason, officials in many states discourage couples from using ministers ordained online, even when they have not been explicitly ruled illegal.

“Err on the side of caution,” said Caren Martin, the deputy in charge of litigation for the marriage license bureau of Philadelphia County in Pennsylvania. “Make sure the person is qualified and don’t take chances.”

New York State, New Jersey and Florida have very broadly worded laws that seem to allow ministers ordained online to perform weddings. Yet it was in New York that a marriage performed by an online minister was invalidated.

In 1989, the Appellate Division of the State Supreme Court ruled in a divorce case involving a Suffolk County couple that their marriage and a prenuptial agreement were void because the officiant had been a Universal Life minister.

“A church which consists of all ministers, and in which all new converts can become instant ministers, in fact has no minister,” the court wrote, concluding, “A minister whose title and status is so casually and cavalierly acquired does not qualify for licensing to marry.” Case closed.

Or perhaps not.

“We found that to be rather archaic,” said Patrick Synmoie, the counsel to the City Clerk of New York. The office issued its own rule last October, allowing Universal Life ministers to again officiate at weddings in the five boroughs.

But the appellate court’s ruling still holds for Westchester County, Long Island and most of the Hudson Valley.

“We will try to get that overturned,” said Mr. Hensley of the Universal Life Church, who defended his church and the authenticity of its wedding practitioners.

“Not every minister excels at all the functions of the ministry,” he said. “Some people are more comfortable preaching. Others aren’t, but that doesn’t mean they still don’t want to serve or pastor in a certain way.”

So where does that leave couples who cannot confirm whether their marriages are valid or not?

“They could just go to city hall and do it again and then they’ll know they’re married,” advised Ariela Dubler, a vice dean of Columbia University Law School. “Of course, in every state but Massachusetts this wouldn’t apply to couples of the same sex, who are excluded from the states’ marriage laws.”

Over all, she concluded, “It’s not in a state’s interest to have lots of couples who thought they were married discover they’re not married.”

Source for post: The New York Times

Filed under: General Family Law, Marriage

Marriage in America: The Frayed Knot

The students at West Virginia University don’t want you to think they take life too seriously. It is the third-best “party school” in America, according to the Princeton Review’s annual ranking of such things, and comes a creditable fifth in the “lots of beer” category. Booze sometimes causes students’ clothes to fall off. Those who wake up garmentless after a hook-up endure the “walk of shame”, trudging back to their own dormitories in an obviously borrowed football shirt, stirring up gossip with every step.And yet, for all their protestations of wildness, the students are a serious-minded bunch. Yes, they have pre-marital sex. “I don’t see how it’s a bad thing,” says Ashley, an 18-year-old studying criminology. But they are careful not to fall pregnant. It would be “a major disaster,” says Ashley. She has plans. She wants to finish her degree, go to the FBI academy in Virginia and then start a career as a “profiler” helping to catch dangerous criminals. She wants to get married when she is about 24, and have children perhaps at 26. She thinks having children out of wedlock is not wrong, but unwise.

A few blocks away, in a soup kitchen attached to a church, another 18-year-old balances a baby on her knee. Laura has a less planned approach to parenthood. “It just happened,” she says. The father and she were “never really together”, merely “friends with benefits, I guess”. He is now gone. “I didn’t want to put up with his stuff,” she says. “Drugs and stuff,” she adds, by way of explanation.

There is a widening gulf between how the best- and least-educated Americans approach marriage and child-rearing. Among the elite (excluding film stars), the nuclear family is holding up quite well. Only 4% of the children of mothers with college degrees are born out of wedlock. And the divorce rate among college-educated women has plummeted. Of those who first tied the knot between 1975 and 1979, 29% were divorced within ten years. Among those who first married between 1990 and 1994, only 16.5% were.

At the bottom of the education scale, the picture is reversed. Among high-school dropouts, the divorce rate rose from 38% for those who first married in 1975-79 to 46% for those who first married in 1990-94. Among those with a high school diploma but no college, it rose from 35% to 38%. And these figures are only part of the story. Many mothers avoid divorce by never marrying in the first place. The out-of-wedlock birth rate among women who drop out of high school is 15%. Among African-Americans, it is a staggering 67%.

Does this matter? Kay Hymowitz of the Manhattan Institute, a conservative think-tank, says it does. In her book “Marriage and Caste in America”, she argues that the “marriage gap” is the chief source of the country’s notorious and widening inequality. Middle-class kids growing up with two biological parents are “socialised for success”. They do better in school, get better jobs and go on to create intact families of their own. Children of single parents or broken families do worse in school, get worse jobs and go on to have children out of wedlock. This makes it more likely that those born near the top or the bottom will stay where they started. America, argues Ms Hymowitz, is turning into “a nation of separate and unequal families”.

A large majority—92%—of children whose families make more than $75,000 a year live with two parents (including step-parents). At the bottom of the income scale—families earning less than $15,000—only 20% of children live with two parents. One might imagine that this gap arises simply because two breadwinners earn more than one. A single mother would have to be unusually talented and diligent to make as much as $75,000 while also raising children on her own. And it is impossible in America for two full-time, year-round workers to earn less than $15,000 between them, unless they are (illegally) paid less than the minimum wage.

But there is more to it than this. Marriage itself is “a wealth-generating institution”, according to Barbara Dafoe Whitehead and David Popenoe, who run the National Marriage Project at Rutgers University. Those who marry “till death do us part” end up, on average, four times richer than those who never marry. This is partly because marriage provides economies of scale—two can live more cheaply than one—and because the kind of people who make more money—those who work hard, plan for the future and have good interpersonal skills—are more likely to marry and stay married. But it is also because marriage affects the way people behave.

American men, once married, tend to take their responsibilities seriously. Avner Ahituv of the University of Haifa and Robert Lerman of the Urban Institute found that “entering marriage raises hours worked quickly and substantially.” Married men drink less, take fewer drugs and work harder, earning between 10% and 40% more than single men with similar schooling and job histories. And marriage encourages both spouses to save and invest more for the future. Each partner provides the other with a form of insurance against falling sick or losing a job.

Marriage also encourages the division of labour. Ms Dafoe Whitehead and Mr Popenoe put it like this: “Working as a couple, individuals can develop those skills in which they excel, leaving others to their partner.” Mum handles the tax returns while Dad fixes the car. Or vice versa. As Adam Smith observed two centuries ago, when you specialise, you get better at what you do, and you produce more.

Perhaps the most convincing work showing that marriage is more than just a piece of paper was done by Mr Lerman of the Urban Institute. In “Married and Unmarried Parenthood and Economic Wellbeing”, he addressed the “selection effect”—the question of whether married-couple families do better because of the kind of people who marry, or because of something about marriage itself.

Using data from a big annual survey, he looked at all the women who had become pregnant outside marriage. He estimated the likelihood that they would marry, using dozens of variables known to predict this, such as race, income and family background. He then found out whether they did in fact marry, and what followed.

His results were striking. Mothers who married ended up much better off than mothers with the same disadvantages who did not. So did their children. Among those in the bottom quartile of “propensity to marry”, those who married before the baby was six months old were only half as likely to be raising their children in poverty five years later as those who did not (33% to 60%).

Changes in family structure thus have a large impact on the economy. One of the most-cited measures of prosperity, household income, is misleading over time because household sizes have changed. In 1947, the average household contained 3.6 people. By 2006, that number had dwindled to 2.6. This partly reflects two happy facts: more young singles can afford to flee the nest and their parents are living longer after they go. But it also reflects the dismal trend towards family break-up. A study by Adam Thomas and Isabel Sawhill concluded that if the black family had not collapsed between 1960 and 1998, the black child-poverty rate would have been 28.4% rather than 45.6%. And if white families had stayed like they were in 1960, the white child poverty rate would have been 11.4% rather than 15.4%.

Children of the sexual revolution

Since the 1960s, the easy availability of reliable contraception has helped to spur a revolution in sexual mores. As opportunities for women opened up in the workplace, giving them an incentive to delay child-bearing, a little pill let them do just that without sacrificing sex. At the same time, better job opportunities for women changed the balance of power within marriage. Wives became less economically dependent on their husbands, so they found it easier to walk out of unhappy or abusive relationships.

As the sexual revolution gathered steam, the idea that a nuclear family was the only acceptable environment in which to raise a child crumbled. The social stigma around single motherhood, which was intense before the 1960s, has faded. But attitudes still vary by class.

College-educated women typically see single motherhood as a distant second-best to marriage. If they have babies out of wedlock, it is usually because they have not yet got round to marrying the man they are living with. Or because, finding themselves single and nearly 40, they decide they cannot wait for Mr Right and so seek a sperm donor. By contrast, many of America’s least-educated women live in neighbourhoods where single motherhood is the norm. And when they have babies outside marriage, they are typically younger than their middle-class counterparts, in less stable relationships and less prepared for what will follow.

Consider the home life of Lisa Ballard, a 26-year-old single mother in Morgantown. She strains every nerve to give her children the best upbringing she can, while also looking for a job. Her four-year-old son Alex loves the Dr Seuss book “Green Eggs and Ham”, so she reads it to him, and once put green food colouring in his breakfast eggs, which delighted him. But the sheer complexity of her domestic arrangements makes life “very challenging”, she says.

She has four children by three different men. Two were planned, two were not. Two live with her; she has shared custody of one and no custody of another. One of the fathers was “a butthole” who hit her, she says, and is no longer around. The other two are “good fathers”, in that they have steady jobs, pay maintenance, make their children laugh and do not spank them. But none of them still lives with her.

Miss Ballard now thinks that having children before getting married was “not a good idea”. She says she would like to get married some day, though she finds the idea of long-term commitment scary. “You’ve got to definitely make sure it’s the person you want to grow old with. You know, sitting on rocking chairs giggling at the comics. I want to find the right one. I ask God: ‘What does he look like? Can you give me a little hint?’”

If she does find and wed the man of her dreams, Miss Ballard will encounter a problem. She has never seen her own father. Having never observed a stable marriage close-up, she will have to guess how to make one work. By contrast, Ashley, the criminology student at the nearby university, has never seen a divorce in her family. This makes it much more likely that, when the time is right, she will get married and stay that way. And that, in turn, makes it more likely that her children will follow her to college.

Most children in single-parent homes “grow up without serious problems”, writes Mary Parke of the Centre for Law and Social Policy, a think-tank in Washington, DC. But they are more than five times as likely to be poor as those who live with two biological parents (26% against 5%). Children who do not live with both biological parents are also roughly twice as likely to drop out of high school and to have behavioural or psychological problems. Even after controlling for race, family background and IQ, children of single mothers do worse in school than children of married parents, says Ms Hymowitz.

Children whose father was never around face the toughest problems. For those whose parents split up, the picture is more nuanced. If parents detest each other and quarrel bitterly, their kids may actually benefit from a divorce. Paul Amato of Penn State University has found that 40% of American divorces leave the children better (or at least, no worse) off than the turbulent marriages that preceded them. In other cases, however, what is good for the parents may well harm the children. And two parents are likely to be better at child-rearing because they can devote more time and energy to it than one can.

Research also suggests that middle- and working-class parents approach child-rearing in different ways. Professional parents shuttle their kids from choir practice to baseball camp and check that they are doing their homework. They also talk to them more. One study found that a college professor’s kids hear an average of 2,150 words per hour in the first years of life. Working-class children hear 1,250 and those in welfare families only 620.

Co-habiting couples have the same number of hands as married couples, so they ought to make equally good parents. Many do, but on average the children of co-habiting couples do worse by nearly every measure. One reason is that such relationships are less stable than marriages. In America, they last about two years on average. About half end in marriage. But those who live together before marriage are more likely to divorce.

Many people will find this surprising. A survey of teenagers by the University of Michigan found that 64% of boys and 57% of girls agreed that “it is usually a good idea for a couple to live together before getting married in order to find out whether they really get along.” Research suggests otherwise. Two-thirds of American children born to co-habiting parents who later marry will see their parents split up by the time they are ten. Those born within wedlock face only half that risk.

The likeliest explanation is inertia, says Scott Stanley of the Centre for Marital and Family Studies at the University of Denver, Colorado. Couples start living together because it is more fun (and cheaper) than living apart. One partner may see this as a prelude to marriage. The other—usually the man—may see it as something more temporary. Since no explicit commitment is made, it is easier to drift into living together than it is to drift into a marriage. But once a couple is living together, it is harder to split up than if they were merely dating. So “many of these men end up married to women they would not have married if they hadn’t been living together,” says Mr Stanley, co-author of a paper called “Sliding versus deciding”.

A little help from the government

Most American politicians say they support marriage, but few do much about it, except perhaps to sound off about the illusory threat to it from gays. The public are divided. Few want to go back to the attitudes or divorce laws of the 1950s. But many at both ends of the political spectrum lament the fragility of American families and would change, at least, the way the tax code penalises many couples who marry. And some politicians want the state to draw attention to benefits of marriage, as it does to the perils of smoking. George Bush is one.

Since last year, his administration has been handing out grants to promote healthy marriages. This is a less preachy enterprise than you might expect. Sidonie Squier, the bureaucrat in charge, does not argue that divorce is wrong: “If you’re being abused, you should get out.” Nor does she think the government should take a view on whether people should have pre-marital sex.

Her budget for boosting marriage is tiny: $100m a year, or about what the Defence Department spends every two hours. Some of it funds research into what makes a relationship work well and whether outsiders can help. Most of the rest goes to groups that try to help couples get along better, some of which are religiously-inspired. The first 124 grants were disbursed only last September, so it is too early to say whether any of this will work. But certain approaches look hopeful.

One is “marriage education”. This is not the same as marriage therapy or counselling. Rather than waiting till a couple is in trouble and then having them sit down with a specialist to catalogue each other’s faults, the administration favours offering relationship tips to large classes.

The army already does this. About 35,000 soldiers this year will get a 12-hour course on how to communicate better with their partners, and how to resolve disputes without throwing plates. It costs about $300 per family. Given that it costs $50,000 to recruit and train a rifleman, and that marital problems are a big reason why soldiers quit, you don’t have to save many marriages for this to be cost-effective, says Peter Frederich, the chaplain in charge.

Several studies have shown that such courses do indeed help couples communicate better and quarrel less bitterly. As to whether they prevent divorce, a meta-analysis by Jason Carroll and William Doherty concluded that the jury was still out. The National Institutes of Health is paying for a five-year study of Mr Frederich’s soldiers to shed further light on the issue.

Americans expect a lot from marriage. Whereas most Italians say the main purpose of marriage is to have children, 70% of Americans think it is something else. They want their spouse to make them happy. Some go further and assume that if they are not happy, it must be because they picked the wrong person. Sometimes that is true, sometimes not. There is no such thing as a perfectly compatible couple, argues Diane Sollee, director of smartmarriages.com, a pro-marriage group. Every couple has disputes, she says. What matters most is how they resolve them.

At the end of the day, says Ms Squier, the government’s influence over the culture of marriage will be marginal. Messages from movies, peers and parents matter far more. But she does not see why, for example, the government’s only contact with an unmarried father should be to demand that he pay child support. By not even mentioning marriage, the state is implying that no one expects him to stick around. Is that a helpful message?

Source for post: The Economist

Filed under: Divorce, Marriage