Years ago Maryland and Virginia added no-fault divorce grounds to the traditional fault grounds.   DC has moved completely to no fault grounds.  However, even if you file on no-fault grounds, marital misconduct still comes into play in all three jurisdictions.

Alimony. In each jurisdiction, the law provides a list of factors the court must court must consider in determining alimony.  In Maryland and DC, one of the factors is circumstances surrounding the estrangement of the parties.  In Virginia, adultery can prevent a spouse from receiving alimony unless the court finds that would create a manifest injustice.

Property. In determining how marital property is to be equitably distributed, each jurisdiction has another list of factors the court must consider.  In Maryland, there is a catch all provision that includes any other factors that the court considers appropriate.  In Virginia, one factor is circumstances contributing to the dissolution of marriage.  In DC, it is circumstances contributing to the estrangement.

Custody. Marital misconduct does not necessarily make you a bad parent.  The test is best interest of the children.  But the parties think it is important that the judge know what a scoundrel the other parent is, especially if the other parent is slinging mud, too.

As a result, the parties spend 90% of their time in discovery and trial trying to prove fault.  While most of the judges I’ve talked to say it affects their decision by 10% or less.

“May you have a lawsuit in which you know you are right.”  – Ancient Chinese Curse

We all listen to that small voice inside our heads that says, “I’m right and if you don’t see that, then you’re crazy.”

Unfortunately, this can work against us.  It makes us stubbornly cling to positions without being able to see other options that might be beneficial.  I see this all the time in settlement negotiations and litigation.

It also happens in marriage as well.  The next time you argue with your spouse, ask yourself, “Would I rather be happy or be right?”  Being right is such a powerful attraction that many people would pick it over being happy.

I think one of my friends said it best.  “I only knew for sure I was right one time in my life.  And that time I turned out to be wrong.”

Why do people divorce?  Susan Pease Gadoua, LCSW, writes at psychologytoday.com that certain life events can cause people to decide to get a divorce.  She calls these pivotal events because they are life altering and cause people to make other changes in their lives.

Examples of pivotal events are a heart attack, parent dying, job loss and a car accident.  “Pivotal events cause people to question whether they are living their best life,” says Gadoua.  “Pivotal events often cause people to question what they really want and whether they are living their life to the fullest. People begin to scrutinize themselves, their job, spouse, home and friends. If any of these areas was lacking something or was in question prior to the event, it is very likely to receive a major overhaul.”

If you have a pivotal event in your life, Gadoua suggests that you:

• Do not make any other major life decisions in the next 90 days.
• Consider the impact of the event on others in your life.
• Seek another opinion from a friend or professional before you act.

Let’s face it.  Divorce is a miserable life experience.  But it can also be a growth experience.  DivorceCandy.com is a website whose mission is “to show that there is life after divorce … that divorce can lead to all things positive and happy, and no one should feel ashamed or embarrassed to go through one,” according to founders Randi Small and Jen Schwartz.

The site features articles, forums and advice, including inspiring and helpful responses from readers, like something valuable you’ve learned from your divorce (candy tastes better), and what advice you would give to someone going through a divorce (things get worse before they get better).

There is even a divorce registry with gift ideas about what to get that friend who is going through a divorce (tools, toaster, and so forth).

“We learn from the valleys, not from the hills.” — Miakoda in Shadowheart

You start a divorce with a Complaint.  The other party files an Answer and may also file a Counter-Complaint.  You then have to file an Answer to the Counter-Complaint.

The person who files the Complaint is called the Plaintiff.  The person who files the Answer is the Defendant.  But when the Counter-Complaint is filed, the Plaintiff also becomes the Counter-Defendant and the Defendant also becomes the Counter-Plaintiff.

This all makes for cumbersome and confusing writing and speaking.  A judge once interrupted me in court with “We just have two parties in this case.  The Plaintiff and Defendant.  Let’s keep it like that.”

In another case I filed a Motion.  Opposing counsel filed an Opposition.  I filed a Reply to the Opposition.  Opposing counsel filed a Sur-Reply to my Reply.  When we got to the hearing, the judge told us, “ We only have Motions, Oppositions and Replies in my courtroom.  There are no such things as Sur-Replies.”

Good advice.  Like everything in life, it pays to keep it simple in divorce court.

There is no easy way to bring up this conversation.  Some people just can’t do it, and pay their lawyers to send a letter to their spouse asking for a divorce or separation agreement.

But when clients ask me how to do it themselves, I give them this advice.  Use questions.  Here are some of the questions I suggest to get the discussions started.

Are you happy with our marriage?
Do you think I’m happy?
What should we do about it?
Do you think we would be happier if we separated?
When you look at our future together, what does it look like?
Do you want a divorce?
Do you think one of us ought to see a lawyer?

by Michael F. Callahan

Jean and Joe had been married a long time but they did not spend much time together.  Jean was the high earner and she spent lots of her time on the road for business. The clearest event establishing the separation was Jean’s purchase of a home in Virginia in her own name seven years ago.  Husband lived in Maryland.

Because the date for determining whether property is marital is separation in Virginia and the trial date in Maryland, Jean’s lawyer decided to file the case in Virginia rather than Maryland. Otherwise Jean might have to divide everything she had acquired over the seven year period that the spouses had lived apart and had completely separate finances.

Joe’s lawyer filed an Answer submitting Joe to the Virginia Court’s jurisdiction and never raised the lack of personal jurisdiction.  If Joe’s lawyer had gotten Jean’s Virginia case dismissed for lack of personal jurisdiction and filed Joe’s complaint in Maryland, everything Jean had accumulated during the seven years of separation up to the date of divorce or would have been marital property.  The case settled on favorable terms to Jean.

Pray for You
by
Jaron & The Long Road to Love

I haven’t been to church since I don’t remember when
Things were going great til they fell apart again
So I listened to the preacher as he told me what to do
He said you can’t go hatin’ others who have done wrong to you
Sometimes we get angry but we must not condemn
Let the good Lord do his job, you just pray for them

I pray your brakes go out runnin’ down a hill
I pray a flower pot falls from a window sill
And knocks you in the head like I’d like to
I pray your birthday comes and nobody calls
I pray you’re flyin’ high when your engine stalls
I pray all your dreams never come true
Just know wherever you are, honey, I pray for you