The Divorce Lawyers' Guide to Staying Married

 How to fix  iF WHAT IS THE PROBLEM TO WHICH MARRIAGE IS 





 THE Result? 

 Still, congratulations 

, If you ’ve allowed long and hard about what marriagemeans.You ’re different from numerous of my guests. (That may be one reason they ’re not 

 still wedded.) I ’m forced by professional necessity to suppose deeply about 

 marriage. I get to dissect it, however in its broken, Humpty-Dumpty-after-the- fall 

. form, from so numerous angles — the cerebral/ emotional, the sexual, the 

. fiscal, the maternal, the practical/ logistical. If we can stand back for a moment 

 from an institution so rich with important associations — numerous veritably good, some 

. not so good — it’s helpful to fete that marriage is a technology. Like every 

 technology, or tool, it solves certain problems, designedly, and creates new 

. problems, unintentionally. 

 What's the problem to which marriage is the result? Take a nanosecond to suppose 

 about it. Or three. Is it the problem of being alone? Nope. You can find ways to 

 not be alone without being married, nor does being wedded break the problem of 

. loneliness all the time, or for numerous people, indeed utmost of the time. 

 Does marriage break the problem of being unattached to anyone? No; you 

 can feel married to people and not be married. You ’re clearly committed to 

 your children, your natural parents, your associates, your religious 

. community, indeed your softball platoon ( perk points if it’s a softball platoon 

. associated with your religious community). 

 What about the problem of not getting enough regular coitus? Come on. Coitus is 

 everyplace. From Tinder to Grindr, it’s in the win of our hands anytime we 

. want it (no pun intended). And innumerous wedded people will tell you that 

 marriage is not, in fact, the result to the problem of not having a satisfying coitus 

. life. Rather, it’s frequently the primary cause. Being married does n’t guarantee a 

 regularly accessible, satisfying coitus mate any further than living near a eatery 

. guarantees being well- fed. 

 No matter how important you love love, if you want to stay in a marriage or longterm commitment and, more important, if you want to keep it vital, you ’re 

. explosively advised to admit that the relationship solves certain problems 

 while causing others. What problems does it inadvertently produce? Lots of 

 people, including numerous of my guests, were or are reticent indeed to ask this 

. question. Or perhaps they asked it but, brazened with the answer, failed to do 

. anything about it. 


 This appeal to be clinical may feel jarring. After all, marriage is the triumph 

. of faith over reason. That’s not just a divorce counsel talking — I mean, look at the 

. statistics 56 percent of American marriages end in divorce. (The divorce rate for 

 first marriages is a bit under 50 percent; with each posterior marriage, the 

. divorce rate increases, hence theover-50-percent aggregate.) Let’s say another 5 

 percent hang on for the kiddies’sake. (The chance is vastly advanced than 

 that, but let’s say 5.) Say another 5 percent hold on for religious reasons. 

 ( Eternal damnation is a intimidating, important incitement!) Say 2 percent hang in 

. just because the coitus is still phenomenal, though nothing differently is. We ’re up to 68 

 percent of marriages that either end because of unhappiness or continue 

 lugubriously. Two in three. If I told you that when you walk out the door there’s a 

 two in three chance you ’ll get hit by a falling bowling ball, would you ever leave 

. the house? Would you at least wear a helmet? In 2010, Toyota discovered a.003 

 percent failure rate on a vehicle they produced with certain boscage pads; the 

 company incontinently recalled the vehicle as unsafe. So then’s an institution that 

 fails roughly 70 percent of the time, yet remains a legal, hectically popular bid 

. and multibillion- bone-per- time assiduity, anyhow of the massive fiscal and 

. emotional costs of failure. As a divorce counsel, you occasionally ask yourself, Is 

. any wedded person happy? Is anyone happy in a married, long- term, 

. nonplatonic relationship? (Yes, they are. I do n’t want you to suppose I believe it’s 

 an enterprise doomed to fail from the launch.) Given a divorce rate of 50-plus 

 percent, meaning the two people tromping down the aisle are “ more likely than 

. not” (a legal term) to someday end up in a nuptial law office, and given that 

. divorce nearly always causes profound detriment to the parties and their child issue 

 ( kiddies), one could nicely argue that the act of getting wedded is fairly 

. careless! 

 Okay, that’s saddening — but it’s the preamble. Now for the encouraging part. 

 While decoupling parties are generally not inclined to work at making effects 

 better for their mate — frequently to their own detriment, too — those in decent 

. marriages or connections are motivated precisely to do so. Both parties can and 

 presumably will work toward perfecting and heightening the relationship, so long as 

. they identify what needs perfecting and they sculpt a clear path to doing so. 

 Because it’s better to stay in love, to aggrandize being love, than to sluggishly fall out 

. of love and try to find it again. The process is commodity that you control, and 

. that the person you love controls. How great is that? My incredibly canny former 

 office Director, Annmarie, believes that the marriage contract should be 

. reasoned every seven times. Agree with her or not, the idea shines a light on 

. the need to stay conscious and motivated and agitated, on a veritably regular base, 

. about this possibly important, consuming relationship to which you ’re 

. committed. I ca n’t count how numerous times I ’ve heard some interpretation of this 

 sentiment from guests, particularly women who were cheated on “ But I was 

. impeccably happy with our miserable life!” 

 So that you do n’t suppose my work has completely bored me I ’m a romantic. Do n’t 

 laugh. I get misty-eyed at marriages, every time, during the form and the 

. toasts. (I do n’t bother to inhibit those sitting coming to me who assume I ’m 

 tearing up at the prospect of unborn business.) How do you not get choked up 

 looking at the two of them over there, as public and melodramatic as can be, gaping at 

. each other unbroken for so long? The moment the bridegroom appears, I always look 

. to the bachelor, whom nearly no bone is watching. This is ( apparently) the first 

 instant he’s seeing her in her marriage gown. At that moment, he’s more in love 

. with her than anyone is in love with anyone differently in that big room. Every 

 marriage I go to, I want so poorly for it to work for those two. 

 Whenever I help to grease the demise of an especially long- standing 

 marriage, there’s a moment, generally right before the final dissolution, when I am 

. overcome by a hopeless appetite to see the marriage reader. I want to climb up to 

 their garret or open their closet, dig out the reader in its cardboard box in the 

. corner, dust it off, and make my way sluggishly through its runners. I want to see my 

 customer and their partner when they were fully in love and nothing signified but 

 each other. When the idea of “ grounds” and “ disaffection of affection” and 

 “ interlocutory order” and “ grandparent visit” and “ community property” 

 and “ irretrievable breakdown” and a litany of saddening Latin terms would have 

 been laughable, unconceivable, so “ Not us!” When the parties’“ child issue” or 

. “ the child of the marriage” (as I call them in written suppliances) was just yellowhighlighted possibilities in a book of baby names. I want to see the faces of the 

 newlyweds on that day, one image after another, in collective bliss. ( Perhaps I want 

 it so poorly, have always wanted it so poorly, because as kiddies, my family and I were 

. interdicted to look at our parents’ marriage reader If we did, Dad, a former airman 

. in Vietnam, would start to cry, because so numerous of the groomsmen and other 

. youthful men in the prints, musketeers from the Naval Academy who also came 

. aviators in Vietnam, were dead.) 

 I want to see that reader because outside so numerous bad marriages is commodity 

 good and hopeful that, at one time, was absolutely salvageable. 

 I ’ll be candid I ’m intimately a enough sensitive soul. I love puppies. I adore my 

 kiddies. I love courting and holding hands and music and evenings and Russian 

 poetry. Dammit, I ’ve seen Love Actually fifteen times. I love love. 

 I do not, still, believe in puck tales. 

 I do n’t believe in a false sense of security, or in grown-up make- believe, or in 

. lives as they ’re portrayed on social media. Honesty and candor are critical for 

 healthy issues, connections, and lives. That should n’t be a shocking 

 disclosure. 

 Sorely, utmost of my guests did n’t get the memo. 

 * 

 Marriage is a technology. 

 When you got married, or if and when you suppose about getting wedded, did 

. you or will you suppose about what you anticipate to get out of it? Did you ask 

 yourself, “ What's the purpose of marrying this person?” Yes, you ’re crazy 

. about her or him, and love love love being in their presence … What places, 

. specifically, will you play in this person’s life, and they in yours? What do you 

. get in exchange for doing this? 

 What’s the job description of marriage? 

 Marriage is tricky; any long-continuing relationship between two mates is 

 tricky; maintaining romantic love can be tricky. I've learned, over and over, 

. that marriages and other married connections fail for two abecedarian 

 reasons. 

 1. You do n’t know what you want. 

 2. You ca n’t express what you want. 

 End of story. 


No, not end of story. It gets further bitsy. The roots of relationship 

 failure are numerous. You ’re dishonest with yourself. You ’re dishonest with your 

 mate. Prospects are out of whack. There’s passivity or lack of appreciation. 

 The dynamic between what one wants, needs, and feels entitled to is strained, 

. strange, and ever- changing. The list of specific possible problems is long, but 

. utmost of them fall into the two broad orders over. 


 Over my times doing what I do, I've made just these feathers of judgments 

. about guests after I ’ve heard the intimate details of their story, theirex-to-be’s 

. story, and the state of their disunion. But except in rare situations, I noway 

. apportion to them my plums of relationship wisdom, similar as they are. It’s not 

 because I ’m in the business of dissolving marriages rather than fixing them. Nor 

 is it because if I succeeded at the ultimate, I ’d put myself out of business. 

 I say nothing because if I did, it would be a complete waste of my time and 

. theirs. 


 By the time a person sets bottom in a divorce counsel’s office, the marriage is 

. beyond form. By that point, one or both parties are so invested in the conflict 

. that it’s too important to back out of. In all my times, not formerly have I talked a customer 

. out of decoupling, or felt that she or he wanted to be talked out of it. 

 Circumstances may delay the visit Individualities who would else hurl 

 toward divorce are braked from initiating the process for all feathers of reasons, 

. from profitable recession (“ We ’ll lose the house if we resolve now — the bank is our 

 common adversary” 


 1) to vacation season ( effects fall fairly quiet in my office 

 between Thanksgiving and New Year’s; also, the week of January 2, visits to 

. divorce law services spike, as unhappy, resolution-fueled consorts are putatively 

. shot from a cannon) to the children’s alleged stylish interest (one customer of mine 

 made her appointment after staying patiently until the very day her youthful 

 turned eighteen). Once they walk through that door, however, it’s over. If they 

 vacillate in hiring me, it’s not because they ’re having alternate studies about the 

. marriage They ’re tire- kicks, just deciding if I ’m the right attorney for them or 

. if someone differently might be better. 

 Now, I do apportion advice, constantly, that’s useful to my guests in their 

. broken situation. I ’m there to help mastermind or carve the coming stage of his or her 

 life. (My clientele is inversely resolve between women and men.) Their conflict is the 

 complexion; together we must fester it into a future that’s optimal — psychologically, 

. professionally, financially, emotionally, and residentially. How do we make that 

 be? What are the logistics, concessions, and reservations? What will 

. strengthen my customer’s resoluteness as snappily as possible, allowing them to work 

. toward their own happiness? To arrive there, it’s my job to help bury what’s 

. dead, not to move the customer that the marriage still has a beating heart. 

 That doesn't mean that what I know about marriages and connections is 

 useless ( hence … this book). For my guests, yeah, it’s too late. The timing of 

 divorce is important like the timing of lodge care. Ever since I was a council 

 undergraduate, I ’ve donated to do hospice care. At first I did it because it 

 was a great way to make a little plutocrat while substantially reading or sleeping; 

 ultimately, I honored it as the single most bracing, perspective- giving, eyeopening exertion a mortal being can engage in. When you give lodge care, 

. your first study about a new case is generally commodity like Okay, to start, 

. you ’re going to die. There’s nothing we can do about that. And unfortunately, it 

. looks like you ’re going to die enoughsoon.However, we 

, If you had come in a monthago.probably could have made the last thirty days a lot more affable and functional 

 for you. But you ’re then now and it’s good that you got then. Because starting 

 right now, we can make effects better for whatever time you ’ve got left in this 

. unfixable situation. Also it’s compassion and clear-headedness — getting to work 

 furnishing company, drug, ice chips, a laserlike focus on comfort and 

. quality, and so on. 


 Same with divorce My first study about numerous new guests is commodity 

 like If you had come to me before your partner served you with papers, or before 

. you moved out of the house and into a new apartment, therefore giving your partner 

. de facto guardianship of the kiddies and putting us behind the eight ball on any unborn 

 guardianship claims, I could have helped more — but we ’ll do the stylish we can. Also 

 it’s compassion and clear-headedness — getting to work furnishing legal advice, 

. fiscal advice, a laserlike focus on quality and securing what my customer needs. 

 And though my customer has a future, the marriage does not. 

 But this book is n’t trying to save those once saving. It’s for all those in good 

 marriages/ connections, or reasonable bones, or at least not-terrible bones. For 

 them, fortunately, it’s not too late. 


 Further than half of marriages may end in divorce, but I suspect that the number 

. of individualities in great, good, or okay marriages or hookups far exceeds those 

. in the ready-to-divorce-or- bifurcation order. And just like my decoupling guests 

and what awaits them, wedded couples and those in ongoing connections want a 

. good outgrowth and need a good process to get where they want to go. This book 

 is about the process and the perceptivity that can make a good thing — or a formerly good 

 thing — better. 


 In handling so numerous finished marriages, perhaps the number one thing I have 

. learned is this From the outside, no bone knows anything about anyone. No bone. 

 Nothing. It does n’t count who’s giggling and holding hands or who’s arguing 

 too loudly at Starbucks. It does n’t count who’s loaded (with plutocrat, I mean) or 

. who always struggles to pay the bills. (My experience has tutored me that plutocrat, 

. like any tool or technology, is an advanced means to an unimproved end It 

. offers real results to imaginary problems and imaginary results to real 

 problems.) And you really, truly noway know who’s sleeping around. (But why 

 must it be that those who get caught by their consorts transferring naked prints or 

 vids of themselves to their suckers are noway the bones you might enjoy seeing 

 naked? My entire office is curious about that bone.) And to anyone who believes 

 that social media has made our lives and passions more authentically transparent to 

 the outside world, ergo allegedly more, I hypercritically differ The typical 

. Facebook family holiday post or romantic flight post is Grand Kabuki 

 Theater, viral vision, more concealing than revealing. Among my guests who 

 are rabid Facebook druggies, and whose connubial bifurcations may have been whisked 

. by Facebook, there's zero correlation between how they look in their prints — 

. happy or miserable, alone or nestled in the blood of family, in Prague or at 

. Disney World — leading to their appearance in my office. (You ’ll see in Chapter 

 19 what I really suppose about how Facebook fucks with your happiness.) 

 Yet life and marriage and love aren't completely unattainable mystifications. In 

 anatomizing the circumstances and retracing the way that crown in a worried 

 woman or man sitting across the table from me in my conference room, participating 

. their heartache, wrathfulness, disappointment, confusion, and fear, I've come to 

. understand a many strategies and refreshed shoes that might work for those 

 who are still in love and working toward common pretensions, and which could be 

. enforced for positive effect. I grant that certain individualities are simply bound 

 to divorce or break up, no matter how important relationship sapience they ’re exposed 

. to, and that some unions ought to be dissolved as snappily as humanly possible. 

 But the great maturity of the perceptivity I've accumulated, I believe, have the 

. implicit to help those in marriages and connections, from the strong bones to the 

. less solid, to make their lives more, fuller, happier, more in their control. These 

 geste tactics may also ameliorate closeness and connection in other 

 connections — with one’s kiddies, musketeers, other family members, indeed associates. 

 Yeah, I know I ’m no marriage counselor. Ewers should stick to pitching, 

. not hitting. Bald men do n’t make conclusive hairbrush clerks. What makes 

 me suppose these perceptivity could actually help? 

 I believe in maximum candor and honesty. It ’ll be for you to decide if any of this 

 workshop, not for me to convert you that it does. As Charles, the Hugh Grant 

. character in Four Marriages and a Funeral, submissively countries in his best- man toast 

. to a new bridegroom and bachelor, “ I am, as ever, in bewildered admiration of anyone who 

. makes this kind of commitment.” Me too. And perhaps, though my day job is to 

. help bury the marriages and unions that did n’t work, I love the possibility of 

. helping the bones that do work to get better. 



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