Friday, October 23, 2015

Creatively Channeling the Pain of Divorce


From The North Shore Weekend newspaperContrary to the stereotype of the strong silent type, Evanston resident John Frank has LOTS to say about divorce. His two-act play, which will be staged two weekends in November, is the tip of the iceberg.

“Men don’t talk about how they feel; they just kind of soldier on and people around them think, ‘oh, he’ll be fine.’ But there is, in fact, a lot of pain that men don’t talk about,” said Frank, who divorced after 16 years of marriage to his first wife. “For example, only seeing your kids every other weekend is a terrible way to live. I have no trouble talking about that.”

And so it was that he wrote Boys in the Basement, described as “a unique look at divorce from the perspective of men who have lost their families and everything they once held dear.” It is inspired by the network Frank developed over the years after his divorce.

“In the suburbs, a divorced man is kind of a non-person. I created a network of divorced men friends, as we were all sort of stuck in limbo,” he said.

Frank explained to me that the script tells the story of the tenants in an apartment building – efficiency apartments, that is, located close to several of the tenant’s children and therefore the tenants’ ex-wives – who meet nightly in the basement of their building to share stories over beers.

Among the tenants Frank described there is a player, who is twice divorced; a younger guy who is working up the courage to talk to women; an attorney (played by Frank) who is having an affair with his second ex-wife, though she has gone back to her first husband; a new tenant, who thinks he still has a chance to reconcile with his ex-wife; and the landlord, a still-married guy who flaunts to his tenants that he knows what it takes to be successful in marriage.

(There are a few women in the building, too, who cross paths with the gentlemen throughout the play.)

“It’s about the fine line between love and hate,” Frank said of his play, “how quickly love turns to hate, and how men deal with loss. In many ways divorce is like death, as it changes your dreams and your life so quickly.”

Frank purposefully recruited a female director, Mary Reynard, to counter the male perspective from which he wrote the script. But he is firm: the play will wake audience members up to the man’s mindset during and after a divorce.

“I want people to think about how the other person feels when they’re fighting and finding ways to separate themselves. I want people to think about how traumatic divorce can be and yet how people can go on, and whether there can still be true love.”

Frank believes in it – heck, he remarried in 2007 – but he admits that it’s hard.

“We’re still people and we still have feelings. Some will change and some will never change, but that’s just how life is.”
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Thursday, October 1, 2015

New Law Eases Path to Divorce for Many Couples

 
A new law will eliminate Maryland's one-year wait for some who want to divorce.
 
When spouses in Maryland agree to split up and amicably hammer out a separation agreement, state law still makes them wait a year to file for divorce.

That will change Thursday — at least for some couples — when a new law eliminates the waiting period for those without minor children who mutually consent to divorce and agree on a property split. Couples with children will still have to live apart for a year before they can file, even if they have resolved custody and support issues.

The change is the result of legislation sponsored by Sen. Robert A. Zirkin and passed in April by the General Assembly. Zirkin, a Baltimore County Democrat, said the measure will help thousands of Marylanders to move on with their lives.

Lindsay Parvis, a Montgomery County attorney who co-chairs the Maryland State Bar Association's section on family law, called the change "a huge development."

She said it will be a relief for many people to know they can move forward "rather than a law telling them they have to wait 12 months."

The current law starts the one-year clock on the day one spouse moves out of the common home. If the two later stay under the same roof for even a night, the clock resets to Day One.
Parvis said the law will get the courts out of the business of asking eligible couples about that aspect of their lives.

Del. Kathleen Dumais, a family lawyer and vice chairman of the House Judiciary Committee, said clients come to her with settlement agreements and are shocked to learn they have to wait a year.
"They just look at me like I've lost my mind," said Dumais, a Montgomery County Democrat. "It just seems so crazy."

There are exceptions to the waiting period in current law for cases in which a spouse has committed adultery or been abusive. Lawyers point to cases where couples didn't want to raise adultery charges in an uncontested divorce, but did so to avoid the waiting period. In other cases, spouses accuse themselves of adultery to expedite a ruling.

Dumais, who helped steer the legislation through the House, said some delegates were concerned that Zirkin's original bill did not include enough protections against one spouse taking advantage of the other. She said the House committee added an amendment excluding parents of minor children from expedited divorce and another requiring that both spouses attend the court hearing in person.

Currently only one spouse has to attend the hearing on an uncontested divorce.

The House passed the bill 104-34, with most Republicans opposed. The Senate, which earlier passed the bill 40-7, accepted the House changes and Gov. Larry Hogan signed the bill.

Lawmakers acted after hearing stories such as that of Rachel London and William Atwell.

In joint written testimony, London and Atwell told senators that after deciding in June 2011 that they no longer wanted to be married, they quickly reached agreement on a property split and the support and custody of their 4-year-old son. But because neither could afford to leave their Anne Arundel County home immediately, they lived under the same roof in separate bedrooms until Atwell could move out in October of that year.

It wasn't until a year later they could file for divorce, which was granted in November 2012.
"Allowing us to file for absolute divorce when we were ready more than a year before would have decreased the stress, burden and uncertainty," they wrote.

Under the new law, a couple in their position still would not be eligible for a quick divorce because a child was involved. But Dumais said the legislation nonetheless represents meaningful change.
"What I find in family law is that baby steps are important," she said.

Zirkin, who said divorce law is a small part of his practice, said he hopes the legislation will encourage separating couples to reach agreements.

"It creates an incentive for people to work it out," he said. "Because the last thing you want in a divorce is people fighting over every last thing."

And if couples aren't fighting it out, that could save them on legal fees, Zirkin said.

"If this bill works the way it should ... it's a bad thing for divorce lawyers — which is a good thing," he said.

Sen. Michael Hough, a Frederick County Republican, said the amendments made the bill less objectionable, but he still is opposed.

"Right now there's a cooling-off period that's in the law," he said. "I just don't want to make it so you can get a next-day divorce, and that's where the law is headed."

The bill was one of several that passed this year removing obstacles to divorce. Another that becomes law this week shortens to six months, rather than a year, the time someone must live in Maryland to file for divorce here — an issue important for military families who move frequently.

Zirkin said such changes are part of a broader re-examination of Maryland's approach to divorce.
"We have a lot of remnants of very old common law and very old statutes," said Zirkin, who chairs the Senate Judicial Proceedings Committee. "This is not the end in terms of modernizing our law."
Other new laws

These are among new Maryland laws effective Thursday:
Rape kits: Requires police agencies to report backlogs of untested rape kits to state.
Mental health: Requires Baltimore and county police to create units by next Oct. 1 trained to deal with mentally ill people.
Police review: Expands mission and changes membership of Baltimore's civilian review board.
Public information: Creates new compliance board with authority to enforce public records law.
Speed limits: Allows state highway officials to set speed limits up to 70 mph.
Human trafficking: Allows someone charged with prostitution to use as a defense being a victim of human trafficking.
 mdresser@baltsun.com


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Monday, September 21, 2015

Study looks at why women are more likely to initiate divorce


By Yanan Wang
Sunday, Sept. 13, 2015, 9:00 p.m.
 
Expectations for a spouse are much higher than they used to be. 

For most of Western history, marriage had little equality. Wives bore the brunt of child care and housework, depended on their husbands for financial support and enjoyed little social autonomy while men openly had affairs. 

Fast-forward to the age of rom-coms, Valentine's Day and a $50 billion wedding industry. It's all based on finding, marrying and keeping “The One.” 

“Today, Americans want not only a spouse who is reliable and reasonable, but also someone who is their best friend, and a great lover, and someone who pays the bills ... but is also really fun,” said Stanford sociologist Michael Rosenfeld. 

According to research that Rosenfeld recently presented at the American Sociological Association's annual meeting, these heightened expectations can leave women feeling worse off in marriage than men. In a survey of 2,262 adults in heterosexual partnerships over the course of five years, Rosenfeld found that women initiate divorces 69 percent of the time. 

On the whole, they also reported less satisfaction with their marriages than men. 

Scientists have known for decades that wives are usually the ones asking for a divorce. But Rosenfeld's study also surveyed people in nonmarital romantic relationships, from casual flings to couples who had lived together for several years; in those relationships, women and men initiated breakups at equal rates. So, there's something about marriage that makes it harder on women.
“The expectation is that marriage has a whole bunch of benefits and positive characteristics for women that it didn't have in the past, but the truth is much trickier than that,” Rosenfeld said.
Though he stressed that most women surveyed were happy with their marriages, many of those who weren't cited controlling husbands and a loss of independence as causes of discontent. 

He also speculated that, although most men today espouse egalitarian values, many probably still harbor subconscious expectations of a wife's traditional role in the household. This could explain why, after all these years, women still shoulder twice as many domestic responsibilities as men. (In contrast, studies have shown that couples who equally divide their child-care duties have better sex lives.) 

Rosenfeld's survey checked in with the same individuals every year for five years. In cases in which someone was married the first year of the study and divorced in the last, his team was able to gather details in the breakup's immediate aftermath. 

One woman, who was 23 when the study began in 2009, initially reported a “good” (4 out of 5 points on the satisfaction scale) relationship with her husband-to-be: “He is very clever, fun, and sweet. I respect him and feel like we are equals on values, intellect and humor.” 

She noted, however, “It is not ‘excellent' because I wish that he was more romantic. He's very practical.” 

Four years later, the couple got divorced. In early 2015, she said, “I used to be a very happy, optimistic person, and it was like he was slowly starving my soul.” 

She realized that the relationship had become emotionally abusive and promptly filed for a divorce.
Rosenfeld said respondents' stories had echoes of “The Feminine Mystique,” Betty Friedan's feminist treatise about unhappiness among middle-class housewives. Instead, many of today's disgruntled wives have full-time jobs — and, hence, no practical need for husbands who don't make them happy.
So, while the institution of marriage hasn't completely shed its inequitable roots, women can afford to be a lot choosier. 

Yanan Wang is a staff writer for The Washington Post.

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Monday, September 14, 2015

How Your Spouse's Ashley Madison Account Can Impact Your Divorce

Now that hackers leaked the email addresses of 37 million users of Ashley Madison, the dating service for married people in search of an affair, New York City divorce lawyer Morghan Richardson’s “phone lit up like a Christmas tree,” she says.

“People are struggling to deal with how this information may impact their divorce and their life — if at all,” says Richardson.

Here is how catching a cheating spouse can affect your split:
  1. Power. “I often hear from the wronged spouse: ‘I knew he was cheating! Now that I have proof I can get the house, the kids, the …’” says Richardson. The reality is that most states have no-fault divorce laws. That means that a judge doesn’t care why you are splitting up. Their job is to make sure that the money is split fairly and custody and visitation are in the best interest of the kids. In cases of infidelity, the “wronged” spouse is so hurt and angry, they assume that a judge will take that into consideration. They won’t.  On the other hand, it is common that the cheating spouse will feel so guilty, or won’t want the divorce, or be afraid of losing face to friends and family that they concede to their husband or wife’s demands.  Guilt is a powerful negotiating tool in divorce.
ashley madison divorce

2.  Finances. Again, just because they were cheating doesn’t mean you get more than your share of money money. Divorce, technically, is not about reparations. However, document through credit card and bank statements how much money he spent on the site, and if he was successful, how much he spent having the affair (hotel rooms, gifts, dinners, etc.). This spending is called “marital waste,” which can be recaptured during the divorce proceedings. If he bought her a Cartier watch with marital money, he better be prepared to pony up at least half the cost.

3. Custody. “My husband listed a number of ‘unconventional’ sex preferences. How can I use this in my custody fight?” For the most part, what happens in the bedroom is not for the eyes of children — 0r the ears of the court. Your husband’s 50 Shades of Grey disclosure on his Ashley Madison profile is not likely to be equated with bad parenting. Of course, most custody fights are about character assassination and depending on the preferences listed, his BDSM admissions may help tilt the legal scales in your favor.

4. Settlement. “My wife is really angry. I was just curious when I signed up. I don’t want a divorce.” Again, judges don’t care, and courts have no interest in making couples stay married. Your wife can get a divorce if she wants, period. Second, don’t let your guilt or desire to “win her back” force you into a divorce settlement that is not in your favor. Giving her the sun and the moon now will lead to impossible to pay for deals that crush you. Finally, think about getting your own therapist to cope with the process, and your own guilt. You are far from alone in your infidelity (studies of American couples show 20 to 40 percent of straight married men will have an affair), though you may be finding yourself alone in trying to save this relationship.

5. Legal Fees. While infidelity doesn’t contribute to the legal process of divorce, the discovery of an affair nearly always skyrockets the emotional hurt. And when people are angry, they need to fight. And fighting in divorce means higher legal fees. If a husband wants to try to punish his unfaithful wife through a contentious divorce and driving up her legal fees, hopefully it won’t take him long to realize he’s punishing himself by racking up the same costly fees with his lawyer.

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Monday, September 7, 2015

Divorce Lawyers See Ashley Madison Fallout as Christmas in September



Lawyers think the leak of 37m names from the membership list of the Ashley Madison database, an online club aimed at unfaithful spouses, is going to create a boom in divorces this autumn - a 'Christmas in September', according to one practitioner.

Steve Mindel, a lawyer based in Los Angeles, said: 'We're all saying: 'It's going to be Christmas in September. Pretty soon all of this stuff is going to surface and there's going to be a lot of filings for divorce directly as a result of this.'

Facilitating adultery
Nigel Shepherd of UK law firm Mills & Reeve was asked for advice from an unhappy wife within hours of her husband's name being listed on the leaked database listing. He said: 'If someone finds out if their partner is set up on a site which exists wholly for facilitating adultery, it's hardly surprising they are taking advice about it.' Source: Daily Mail

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Monday, August 31, 2015

Women More Likely Than Men to Initiate Divorce: Study


Women are more likely than men to initiate divorce, but they are no more likely than men to initiate breakups in a dating relationship, according to a new US study.

"The breakups of non-marital heterosexual relationships in the US are quite gender neutral and fairly egalitarian," said study author Michael Rosenfeld, an associate professor of sociology at Stanford University.

Rosenfeld analyzed data from a 2009-2015 survey on couples in US. He looked at 2,262 adults, ages 19 to 94, who had opposite sex partners in 2009. By 2015, 371 of these people had broken up or gotten divorced.

As part of his analysis, Rosenfeld found that women initiated 69 per cent of all divorces, compared to 31 per cent for men.

In contrast, there was not a statistically significant difference between the percentage of breakups initiated by unmarried women and men, regardless of whether they had been living with their partners.

Social scientists have previously argued that women initiate most divorces because they are more sensitive to relationship difficulties.

Rosenfeld argues that were this true, women would initiate the breakup of both marriages and non-marital relationships at equal rates.

"Women seem to have a predominant role in initiating divorces in the US as far back as there is data from a variety of sources, back to the 1940s," Rosenfeld said.

Perhaps women were more likely to initiate divorces because, as Rosenfeld found, married women reported lower levels of relationship quality than married men.

In contrast, women and men in non-marital relationships reported equal levels of relationship quality.

Rosenfeld said his results support the feminist assertion that some women experience heterosexual marriage as oppressive or uncomfortable.

"I think that marriage as an institution has been a little bit slow to catch up with expectations for gender equality," Rosenfeld said.

"Wives still take their husbands' surnames, and are sometimes pressured to do so. Husbands still expect their wives to do the bulk of the housework and the bulk of the childcare," Rosenfeld said.

"On the other hand, I think that non-marital relationships lack the historical baggage and expectations of marriage, which makes the non-marital relationships more flexible and therefore more adaptable to modern expectations, including women's expectations for more gender equality," he said.

The study will be presented at the 110th Annual Meeting of the American Sociological Association in Chicago.

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Tuesday, August 25, 2015

Dating After Divorce is Not an Easy Task

WHEN mother of two Sarah suddenly found herself single at age 30, she came to the daunting realisation that meant getting back into the world of dating. 

The Ipswich woman said many people shared her fears of getting back into the dating game, though it wasn't an issue many spoke openly about. 

"My now ex-husband was my first boyfriend. We met when I was at university so to find myself back in the dating game at age 30, on the other side of a 10-year relationship with two young kids, was horrifying," she said.

"I hadn't had dating experience of any kind and had quite relished the fact I found the one first time around. 

"That wasn't to be though and I had to get back out there again. 

"A lot of my friends are still happily married or in relationships, so to even find someone to be my 'wing-woman' was difficult. 

"I've met women and men in my situation and we all agree it's so hard to find someone and go through this dating process." 

Two years after her separation, Sarah - whose name has been changed to protect her privacy - decided to bite the bullet and agreed to go on a blind date set up by a friend. 

"Turns out the guy wasn't great and after a few dates I did tell my friend she could never do that to me again, but it did get me back out into the dating scene," she said. 

Sarah said balancing work and motherhood made her take a different approach to dating than when she was younger. 

"I have a lot less tolerance. I know this time around who I am, want I want in life and what I won't stand for," she said. 

"I guess that might mean my standards are too high and that's okay because I think I settled too much on my first (relationship). 

"My children are also important to me, I am upfront about them when dating." 

Since her first date, Sarah has tried meeting people through friends, online and even through speed dating. 

"I am trying to be open to putting myself out of my comfort zone just to see what these avenues are like," she said. 

"As with anything in life, you could meet fabulous people but you could also meet some 'crazies'." 

Sarah offered her advice to others who are now finding themselves in a similar situation and assured those feeling nervous that they were not alone. 

"Oh gosh, it is scary (and) it is fraught with unknowns, but at the same time if you don't try it how will you know what it's like?" she said. 

"I know people who have had fabulous success at events or online and it's those success stories that are great motivators for others to try or to keep going with it. 

"But (I would like) to tell people there are plenty of us out there, you aren't alone. 

"Take comfort in the fact there are many people as frustrated as you are. 

"Dating is hard in general, not just as a single parent or divorce. 

"You have to persist with it, sometimes it works out, most times it doesn't, and then you have to start again with introducing yourself, going 'back to the drawing board' again and again. 

"But I think if you know who you are (and) what you want from relationships, you can't go wrong." 

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