According to a recent article in The Daily Beast, there are quite a few ways to predict whether a marriage is likely to end in divorce, including details as minor as smoking habits of spouses. Researchers who studied marriage success rates across the country have found 15 of the top ways to gauge whether a marriage will stand the test of time. Obviously, nobody can predict the future. But, this is some food for thought.

Historically, media reports and autism advocacy groups have cited a statistic that the divorce rate in families with autistic children is approximately 80 percent. However, a new scientific analysis indicates that this figure is quite inaccurate.

The Center for Autism and Related Disorders at Kennedy Krieger Institute in Baltimore surveyed data from the 2007 National Survey of Children’s Health. After reviewing information from almost 78,000 children, both with and without autism, researchers found that autism had practically no effect on the likelihood that a child would belong to a family with two married parents.

Although research indicates that autism puts extra stress on a marriage, it does not follow logically that these families also have the highest rate of divorce. Researchers anticipate that this study will offer hope to married couples facing a diagnosis of autism in their family.

According to a recent report in Men’s Health magazine, couples living in Charlotte are among the most likely to be doomed to divorce (#6 Nationally). The report, which ranked the top 100 U.S. cities with the highest rates of divorce, considered multiple factors, including: the rate of failed marriages, the stringency of state divorce laws, the percentage of the population who had divorced, and the number of licensed marriage and family therapists in the cities.

Divorce rates were highest in Cheyenne (Wyoming), Las Vegas, Nevada, and Billings (Montana), followed closely by Reno, Little Rock, Charlotte, and Tulsa. Divorces were least likely to occur in two southern cities: Columbia, South Carolina and El Paso, Texas. However, Riverside, California and Providence, Rhode Island, did not fall far behind in the rankings of the top cities of marital bliss.

According to statistics from 2007, which was the last year for which divorce ratios were calculated, the states of Nevada, Arkansas, Oklahoma, West Virginia, and Wyoming have the highest overall divorce rates in the country.

There are four traditional “heart balm torts” that are now only recognized by a handful of states: alienation of affection, criminal conversation, seduction, and breach of promise to marry.

North Carolina is one of seven states that still allows claims for alienation of affection. Alienation of affection laws in this state allow a betrayed spouse to sue a paramour for willfully and maliciously interfering in the couple’s marriage.

A spouse who files an alienation of affection action is asserting that he or she has lost the protected marital right of the affection, society, companionship, and assistance of the other spouse.

Constitution.jpgFive states and the District of Columbia now allow same-sex marriage and, consequently, same-sex divorce, but same-sex couples who wish to divorce in states that do not recognize their marriages are now facing significant legal hurdles. Many same-sex couples remain in marital limbo while states across the country are struggling to decide their stance on same-sex divorce.

Under the Full Faith and Credit Clause of the United States Constitution, states must generally recognize the laws of other states. For example, opposite-sex marriages and divorces are recognized when a heterosexual couple moves across states lines. However, most states that do not allow same-sex marriage will similarly not recognize a same-sex marriage performed in another state. Some states, like North Carolina, do not allow same-sex marriage and will not legally recognize a same-sex marriage performed in another state. Thus, opponents of same-sex divorce say that allowing these couples to divorce means acknowledging that the marriage was legal initially.

Today, the lesson to be gained from the current debate over gay divorce is that these couples who are legally wed in one state should be careful regarding the state to which they choose to relocate. Under the laws of many states, it takes at least a year to establish residency before filing for divorce. A couple that is refused a same-sex divorce in a state that does not recognize same-sex marriage would have to relocate to reestablish residency in the state that granted their marriage license, which would only further complicate and significantly delay the process.

A recent study conducted by the Pew Research Center offers a fascinating look at the changing demographics of motherhood in the United States by comparing women who gave birth in 2008 with those who gave birth in 1990, on the basis of data collected from the National Center for Health Statistics and the U.S. Census Bureau.

The highlights of the study indicate vast changes in the age, race, and marital status of the majority of mothers. First-time mothers today are older and tend to be better educated; more than half of the mothers of newborns in 2008 had at least some college education. The racial dynamics of all mothers has changed dramatically as well, with just over half of births in 2008 being to white women, and a quarter to Hispanic women. Moreover, a quarter of all birth mothers today are foreign-born. Mothers today are less likely to be white, and more likely to be unmarried. In 2008, 41% of births were to unmarried women; a notable increase from 28% of births in 1990.

Researchers note that most Americans are neutral or approving of the majority of the modern trends that have an impact on birth patterns, such as the growing number of women over 40 who have babies and the growing number of women who undergo fertility treatment to have children. Many Americans are trending toward marrying later in life or not marrying at all, contributing toward the increased rate of births outside of marriage. Although Americans have softened slightly in the traditional disapproval of unmarried parenthood, most still agree that it has a negative impact on society.

As recently reported by MSNBC, the traditional “how we met” stories told by couples may be an accurate predictor of whether marital strife lies ahead. Studies show that every couple’s back story reveals a great deal about the present state of their relationship, depending on how each individual spouse tells the story.

Spouses who are in happy marriages often recalled the earlier years of their relationship fondly and nostalgically, even when the actual circumstances of the marriage were not happy, such as when the couple was struggling financially. Conversely, unhappy couples tended to recall their past times together negatively, regardless of whether the circumstances of the early years were positive.

Researchers indicate that “how we met” stories are clearly predictive of future behavior because couples’ perceptions shift when they become dissatisfied with their marriages. Those who are happy in their relationships tend to remember the earlier years with the same optimism, whereas those who are in a current state of discontent find themselves more easily recalling the negative aspects of the earlier years, rather than the good times.

As recently reported by The Washington Post, some married couples are now deciding to wait out the economic downturn rather than suffer the financial consequences of divorce. Alternatively, many spouses who desire to go their separate ways are turning to different options, such as living together while considering themselves technically separated. This, of course, raises a legal issue of whether the spouses are “separated” under the law.

Couples who initiate divorce proceedings during these tough economic times are faced with the traditional legal, household, and support expenses; however, those who have been hit hard by the economic downturn are finding it increasingly difficult to divide into two households. This inability to pay the expenses of maintaining two households translates into the unfortunate reality that many couples face today: staying in an unhappy marriage in order to avoid greater financial stress and complications.

Although studies indicate that the national divorce rate has decreased slightly in the past few years, this new information indicates that more couples may be staying together simply because they cannot afford to be apart.

As previously discussed on this blog (Social Networking and Divorce in Charlotte, North Carolina), social networking sites are redefining domestic litigation for many married or divorcing users.

However, the rapid rise in popularity of social networking sites is also taking a toll on marital relations in general, by lessening society’s respect for these relationships. According to a recent New York Times article, marriage experts report that couples who post their disagreements to these open forums encourage disrespect for their marriages.

Putting on a “public face of harmony” is critical in order to protect the sanctity and privacy of a marriage. Spouses who use Facebook, in particular, to vent their frustrations with their significant others run the risk of alienating their friends and family who are frustrated and concerned with the stability of the relationship.

Thumbnail image for ARNOLD&SMITH_209.JPGIn this issue of our Charlotte Divorce Lawyer Blog Family Law Newsletter, we take a look at post-divorce issues such as automatic child support payments and changing beneficiaries on insurance policies and accounts. We also take a look at how taking a lower paying job will not always reduce child support or alimony payments. Finally, since it is tax time, we address which parent is entitled to take the tax deduction for a child in a split custody arrangement.

Click here to view and print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Spring 2010:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER SPRING 2010

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