Divorce and Alcoholism: A Marriage Wrecker

Alcoholics marry as frequently as non-alcoholics, but they divorce or separate at a rate at least four times as frequent as the general population. At some point in their lives, more than 13 percent of adults in the United States will be affected by alcohol abuse or alcoholism.

Some experts differentiate between alcohol abuse, which they define as “an excessive use of alcohol that interferes with a person’s everyday life as well as family and work obligations,” and alcoholism, which is a progressive disease that ends in insanity or death. Alcoholism is characterized by withdrawal, changes in tolerance to alcohol, loss of self-control, changes in lifestyle and a refusal to seek help.

Alcoholism has been called the disease of denial. So often the alcoholic drinks because they are unhappy, and they become more unhappy because they drink, and thus a downward spiral ensues.

Alcohol is often cited as a top cause for divorces, because drinking commandeers the life of the alcoholic and his or her family.

Alcoholism and divorce go hand-in-hand, but divorce is not necessarily the only option in dealing effectively and appropriately with an alcoholic spouse – if the alcoholic spouse wants help. But one element is beyond doubt: the spouse is the first person to know that his or her partner is abusing alcohol.

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Denying Visiting Rights: Not Easily Done

Sometimes the custodial parent may wish to deny the other parent visitation rights. This happens, for example, when the noncustodial parent may have a problem with alcohol or drugs.

The custodial parent must seek the permission of the court to do so. The custodial parent must demonstrate to the family court judge that continuing visitation is not in the child’s best interest or that starting visitation privileges may harm the child. In general, the court refuses to suspend visitation unless the noncustodial parent is abusive or there are other problems that put the child at risk.

In most cases, the custodial mother seeks to block the noncustodial father from exercising visitation, and in many cases, the father then withholds child support. In this routine, anger and hostility quickly escalate. Courts are very reluctant to completely separate a father from his children.

If the custodial parent believes the child is in immediate danger, he or she should call the police. Otherwise, the law requires a court order suspending visitation. In order to do this, the custodial parent prepares a motion to suspend visitation, stating the names and relationship of the parties.  The motion must give the reasons for denial of visitation, with specifics. The motion must provide the court with evidence. If the child has a case manager or therapist, he or she may provide evidence indicating that visitation may lead to physical or mental injury. 

 The court then schedules a hearing at which time the custodial parent makes an argument against visitation.

Some custodial parents, rather than asking the judge to deny visitation rights, request that the court order supervised visits because family courts are more receptive to supervised visits than denial of access.  However, the custodial parent should not deny the other parent access without a court order, nor can he or she deny access because the noncustodial parent has not paid support.

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Dating After Divorce: a Tough Climb

Getting back into the dating scene after years of being married fills most divorced people with dread, and none more than parents who face the unenviable task of telling their children there is someone new in their lives.

On the rebound from a failed marriage, many divorced people swear they will never spin the wheel of romance again, but most divorced people remarry within two or three years. Very often the new partner has already been to the altar as well, so dating involves children on both sides.

Dating, however difficult it is for the adults, can be particularly difficult for the children who very often imagine that somehow Mother and Father can reunite. In this regime, Dad’s new girlfriend or Mom’s new boyfriend become an unwelcome presence. When divorced parents date, children become anxious and confused, and parents, hoping for happiness and success, wrestle over how much distance to place between their children and a newly blossoming romance.

Dating can be traumatic for a child because it shatters any hope that his or her parents will reunite. Likewise, dating can be difficult for the parents because it takes a year or more for most adults to recover from the pain and suffering associated with the breakup.

The divorced person soon finds that dating after a divorce is very different than dating before a first marriage. The best that can be said is that dating after divorce is very improvisational, a learn-by-doing regime.

When parents date again, most experts recommend that care be taken in introducing the child to the new person. Most child psychologists suggest that the new person not be introduced into the child’s life until he is a significant presence in his or her parent’s life. This usually means six months or more. A small child who finds a strange man in the bed where his father used to sleep may become very distressed. And parents must estimate how much children need to know before they meet the new person.

Read more about New Relationships After Divorce.

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Collaborative Divorce – Coming Together to Come Apart

Collaborative divorce is a recent application of alternative dispute resolution. When it works, alternative dispute resolution not only saves both spouses a great deal of money, but also spares them a great deal of emotional wear and tear.

Collaborative divorce is a non-adversarial action whereby the two spouses and their lawyers work as a team “employing cooperative techniques rather than adversarial strategies and litigation.” Each spouse and his or her attorney enter into what is called a “participation agreement,” whereby each party agrees that neither will enter into litigation during the duration of the collaborative negotiations. In the event that the parties fail to reach an accord, the lawyers withdraw.

Spouses argue (and may even fight), but in a collaborative divorce, the spouses decide issues “based on compromise and fair play,” and they have more control over the outcome of the negotiations. Instead of litigation, collaborative divorce offers the spouses a chance to negotiate without a court battle.

Collaborative divorce costs less since many costs associated with litigation are avoided. For example, since the spouses cooperate with each other, expensive discovery costs are avoided.

Ideally, in a successful collaborative divorce, the spouse and their lawyers produce a finished marital separation agreement that spells out the terms and conditions of the property distribution, alimony, and child support and visitation.

The spouses achieve a settlement before anyone files papers in divorce court, and the divorce then moves through the court as an uncontested action.

 

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Divorce and Social Security – Don’t Forget It

For many divorced people Social Security becomes very important. About half the people who marry in the United States divorce, and Social Security is the primary income for 72% of unmarried retirees. Many unmarried retirees become single because they are divorced. Yet according to the Social Security administration many people do not understand spousal and survival benefits that apply to divorce. In most cases, the wife claims her divorced husband’s benefits, but a dependent husband can also claim spousal and survivor benefits.

A woman divorcing her husband after a marriage that lasted ten or more years should always remember her eligibility for half his Social Security benefit when she turns 62. To do so, the woman must not be married, and she must be divorced for at least two years. For a woman, even those with an employment history, the husband’s benefits will be higher. Spousal eligibility does not depend upon whether a person worked and paid into the system.

The key is remarriage.  A spouse who remarries before the age of 60 loses spousal or survivor benefits. A person who marries after 60 retains all his or her spousal or survivor benefits based on a former spouse’s employment. Moreover, a person who married more than one person for more than ten years may claim spousal benefits based on each spouse’s employment.

Survivor benefits are 100 percent of the deceased working spouse’s entitlement, so if a subsequent partner dies his survivor benefits may be better than the first divorced spouse’s spousal benefits.

The Social Security Administration has an informative website at www.ssa.gov.

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One-Sided Divorce Happens All the Time

Back in the 1960s, when lawmakers in California hammered out what would become known as the nation’s first no-fault divorce law, critics feared the legislation would clear the way for men to abandon wives and children and the responsibilities of married life in a stampede. Supporters of the legislation argued that no-fault would make it easier for unhappy couples to mutually decide to end their dead marriages.

The stampede never happened and the decision of divorce did not become any easier for most people, but no-fault did make one-sided divorce part of everyday life. Today, no one can force someone to remain married.

Very rarely do a husband and a wife simultaneously and mutually decide to call it quits. In many, if not most, divorces one spouse wants the divorce and the other does not: call them the leaver and the left. Divorce lawyers routinely face situations where one spouse tenaciously clings to a marriage even when the other makes it clear that over is over. Of course, the resister can drag his or her feet, exploiting the various ways any legal action can be stalled, but such tactics rarely right a capsized marriage.

Despite the pain and suffering, in most cases, given time, the person who is left comes to accept that the marriage is over. Divorce lawyers are not therapists, but very often they play this role so that their client can cooperate in the protection of his or her interests. In this arena of life, Thomas Jefferson’s observation about human pain remains eternal: “Time is the Great Physician.”

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Divorce and the Homestead – A House is Not a Home

Sometimes when a couple divorce, the marital home, as it is called, is the largest asset the couple divides. The family home, the symbol that, during the happier times, became a metaphor of all the hopes and dreams of a marriage that would last, can become very problematic in a property settlement.

In a divorce, the disposition of the family home demands that the couple throw a cold eye on the symbol and realize that it is really only a house, which is a building on a piece of land.

In a divorce, couples normally dispose of the house in one of three ways:

  • They can sell the house, settle the mortgage and divide the equity.
  • One spouse can “buy out” the other’s share of the property.
  • They retain joint ownership by both spouses, with sale at a later time.

Each of these approaches has advantages. Selling the house and splitting the equity is probably the most common avenue. It makes for a complete break, and proceeds of the sale can be used to bankroll a fresh start for the formerly married couple. The spousal buyout appeals when one spouse wants to stay put, but the purchasing spouse may have to refinance the house.  Joint ownership appeals when the couple has children and do not wish to disturb them with relocation. Some couples do not like it because it requires continuing contact between the former spouses.

The disposition of the house requires careful thought. A house is a barren asset that pays nothing until it is sold, and it has many costs (taxes and maintenance) that must be paid until it is sold. Hanging on to a house for sentimental reasons is a decision that can make for financial hardship later.

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Divorce and Bankruptcy – They Can Go Together Like Bacon and Eggs

Sadly, very often divorce and bankruptcy deliver a one-two punch that sends formerly married couples reeling for years. Not only do the parting spouses face the pain and suffering of divorce, which can be one of life’s most stressful events, but they also recoil from the financial dislocation of bankruptcy, which can take years to eradicate.

Going into a divorce many people do not realize that they will come out poorer than they went in. The former spouses must now support two households rather than one and (very often) pay for the legal fees of two lawyers. If a spouse who was formerly a stay-at-home Mom enters the workforce, as is often the case, childcare and transportation expenses quickly mount up. Moreover, divorce orders may require alimony and child support, which are new expenses that often go on indefinitely.

In addition, in dividing the marital estate, jurisdictions use either equitable distribution, which means fairly, or the provisions of community property, which means by half. In either event, both spouses often come out owning less property than they had going in.

Bankruptcy can become a financial snake pit for divorced couples, and sometimes one spouse may file to escape the obligations of a property distribution.  When one spouse begins a bankruptcy action, sometimes it is a good idea for the couple to file jointly, particularly when they have debts in both names. By filing jointly for bankruptcy, divorcing spouses avoid the battles associated with the division of assets and debts because the bankruptcy court settles it. Creditors hold both spouses jointly liable for debts.

Couples can file under Chapter13, which always them to reorganize over a three- to five-year period and keep certain assets, or under Chapter 7, which makes for a complete discharge of debts not secured by property.

Bankruptcy cannot be used to escape child support, alimony, student loans and criminal fines and penalties.

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Gambling and Divorce – A Roll of the Dice

Gambling can become an addiction that destroys marriages because like all addictions it becomes clandestine, secretive and requires lying. Deceit destroys a marriage because sooner or later it is revealed. When gambling starts to undermine everyday activities like a job and home life, it’s no longer recreational; it’s addictive.

The spouse who gambles money meant to pay the mortgage or who borrows money to gamble, or who gambles to win more money to gamble, probably has slipped into the sinkhole of addiction. The person who loses sleep over gambling or who breaks the law to finance his or her gambling certainly has a problem. Like alcoholism, problem gambling follows a trajectory that includes “repeated, unsuccessful attempts to stop gambling.”

As many as two million Americans are “pathological gamblers,” according to the National Council on Problem Gambling, with as many as another six million Americans considered “problem gamblers, people whose gambling affects their everyday lives.”

Pathological gamblers describe their gambling in terms remarkably similar to language used by alcoholics and drug addicts, so it’s easy to understand the toll that such gambling takes on a marriage. Generally, the pathological gambler moves in an arc of decline punctuated by phases that end in hopelessness and despair, where a divorce happens. In some cases, the problem gambling simply proves too much for the marriage, and in his or her hopelessness the gambler’s deceit or secretive behavior alienates the other spouse. This arc of decline can take years to happen.

Pathological gambling assaults marriages. Problem gambling is associated with high rates of marital separation, child abuse, and alcohol abuse, and the members of the gambler’s family often suffer from “depressive or anxiety disorders.”

Courts, in some jurisdictions, consider gambling as “waste and dissipation” when it happens when the marriage is already breaking down, and in others it is considered if it happens anytime during the marriage.

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Hiring a Divorce Lawyer – The Dumb Question is the One Unasked

Hiring a divorce lawyer can be a very demanding project because so much rides on his or her performance.

The telephone directory for any town or city in America shows that there is no shortage of lawyers in the United States, but finding the right one for a divorce is a matter of work, which means interviewing prospective attorneys, and luck, which means finding one who works well with the client. And many first-time clients are understandably nervous about making a mistake.

Some lawyers spell out their philosophy and style as part of an introduction. Many lawyers tell clients that they can go hard or easy, and the clients suggest the amount of force brought to bear, but a lawyer who projects the image of a hired gun, or a “tough guy” image, may be someone the prospective client wants to avoid.

Many lawyers offer no-change interviews when the client and the attorney meet for the first time. The client normally focuses on the experience and track record the lawyer has in marriage and family law – the number of years in practice, the amount of courtroom experience, the additional professionals that may be available if needed.

The client normally questions how the lawyer envisions developing and pursuing the case. This may mean how he plans to apply his philosophy to the case.

The mechanics of case management and client contact should naturally concern the client. Normally, the lawyer spells out his expectations of the client, For example, most lawyers expect clients to “grab an oar and paddle,” meaning that the client will, for example, play an active role in gathering financial records.

From case management and client contact, it is natural to segue to fees and expenses and the signing of a retainer agreement. The retainer agreement is the lawyer’s employment contract, and it spells out the terms and conditions of his work.

The prospective client should remember that in hiring a lawyer, the only dumb question is the one that went unasked.

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