Divorce

Living Together Before Marriage Doesn’t Mean Divorce

Published on: March 12, 2010 | On behalf of Arnold & Smith, PLLC

As reported by the New York Daily News, living together before marriage doesn’t significantly raise likelihood of divorce. A new report from the National Center for Health Statistics, based on the National Survey of Family Growth, indicates that living together before marriage doesn’t necessarily increase the risk of divorce. However, those who get engaged or married before cohabitating are still slightly more likely to stay together.

Although traditional beliefs and past studies posit the importance of waiting to cohabitate, this new study indicates that approximately 55% of couples who cohabitate before marriage last for an entire decade of marriage. Conversely, 65% of couples who waited to cohabitate until they were engaged or married lasted for 10 years.

However, the authors of the study stress that its not cohabitation that is key – it’s the nature of the commitment. Couples who choose to cohabitate either premaritally or postmaritally are most likely to make it last when they enter into cohabitation with a clear vision for their committed future together.

Men Marrying (and Divorcing) Wealthier Women?

Published on: January 19, 2010 | On behalf of Arnold & Smith, PLLC

As reported by CNNMoney.com according to a recent study released by the Pew Research Center, the traditional financial roles in American homes are changing. This study of married households suggests that 22% of men were making less money than their wives in 2007.

Comparatively, only 4% of men made less money than their wives in 1970. The report largely attributes this dramatic shift in marital income to a similar shift in education patterns. More women than ever before are pursuing an education in order to work outside the home.

A recent New York Times’ article discussed this new role reversal and its effect on modern marriages and the selection of marriage partners.

For Charlotte Women, Cancer can mean Separation, Divorce and Lawyers

Published on: November 27, 2009 | On behalf of Arnold & Smith, PLLC

Any married couple who has been faced with a life-threatening illness knows that the stress resulting from the diagnosis and subsequent treatment puts the couple at great risk for marital discord. However, a recent study demonstrates that marriages are six times more likely to end in divorce when the spouse affected is the wife.

This study, conducted by researchers specializing in oncology, indicates that female gender is a very strong predictor of partner abandonment in patients who face serious medical diagnoses. Those conducting the study on cancer patients found that about 12% of the patients in the study inevitably separated or divorced. However, with regard to the gender of the patient, the study indicated that 21% of women faced divorce after the diagnosis, as compared to only 3% of men.

Perhaps most unnervingly, the study also demonstrated that when these marriages end in divorce or separation, the patient’s quality of care and quality of life were negatively impacted. Specifically, patients who no longer have spousal support are much more likely to end therapy or become disinterested in trying new cancer treatments.

In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody

Published on: November 23, 2009 | On behalf of Arnold & Smith, PLLC

A very common misconception regarding child custody stems from a real legal doctrine that was recognized by courts in the not-so-distant past: the tender years presumption. Under this judicial doctrine, a child of a “tender age” – typically, seven years old or younger – is presumed to need to stay in the custody of his or her mother, who is presumed to be the most fit parent to raise such an impressionable young child. Since 1994, there are no longer any states in the nation who recognize the tender years presumption; however, most states have replaced this standard with the primary caretaker presumption. The primary caretaker presumption relies on the assumption that whichever parent has been the primary caretaker before the divorce should be awarded custody of the child. This standard is presumed to be in accordance with the child’s best interest, as a custody award to a non-caretaker could be disruptive for the child. Child custody presumptions are favored by states as a preliminary method of informing parties about the likely outcome of the case, as the presumptions are only applied by the court when the custody battle is between two equally fit parents.

Seemingly, the primary caretaker standard feeds into the common misbelief that women are always awarded custody of their child over their deserving husbands’ protests. However, according to a recent study published in Working Mother Magazine, the custodial trend is shifting. In this difficult economy, men are experiencing a higher rate of layoffs – and subsequently, an increase in time spent as the primary child caregiver. Perhaps surprisingly, this study showed that fathers are awarded custody in court at least 50% of the time, a statistic that has doubled over the past decade. Although these statistics are certainly indicative of a much-needed increase in equality in custody determinations, the equally as fit parent who is not awarded custody of his or her child may wonder if the benefit of being the primary breadwinner outweighs the potential risk of losing primary custody.

Whether it comes as the result of shifting social views regarding equal parenting, or as the direct effect of an ill economy, we can certainly expect to see a continual increase in the number of men who are awarded primary or joint custody of their children.