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ARTICLE:
Divorce Avoidance: What Family Lawyers
Recommend
by RONALD
R. TWEEL
This article is
intended primarily for people who are entering into marriage
for the first time. It is not intended to be all inclusive
or to discuss every psychological aspect of marriage. It has
been prepared by Virginia divorce lawyers whose practical
experience may be useful to those contemplating marriage or
to those recently married. This is general advice: special
circumstances may dictate different approaches.
I. WHAT SHOULD BE DISCUSSED AND/OR DECIDED BEFORE MARRIAGE
Very few issues can be definitely decided before marriage
because of changing circumstances, aspirations or needs once
the marriage begins. It is, however, advisable to discuss
and reach some general agreement on fundamental aspects of
married life.
(A) CHILDREN
It is almost inconceivable that couples would marry without
discussing and tentatively
agreeing on whether to have children; but it happens. It is
not really important to decide the number of children, but
whether to have any children should be addressed. If one has
a strong feeling for or against children, it is unlikely that
time will change that position.
(B) CAREERS
Each person should make known to the other his or her general
expectations and
desires. If one spouse automatically and unthinkingly expects
the other either to be employed, or to forsake a career and
raise the children, such expectations can lead to serious
problems. Hard and fast decisions are unnecessary. Knowledge
of your spouse's general inclinations will lead to fewer misunderstandings.
(C) WHERE TO LIVE
Some people have very strong feelings as to where they live
and the proximity of
family members. One spouse's desire to live in California,
Maine or Florida may encounter serious and lasting opposition
from the other spouse who has lived his entire life in Lynchburg,
Virginia surrounded by extended family. The possibility that
a move might be necessary should not be sprung upon a spouse
after the wedding ceremony, but it should be thoroughly discussed
beforehand, if possible. Both parties need to be flexible
if circumstances require a change of residence. The general
question of how a job-necessitated move will be handled -and
whether it is different from the wife's or husband's employment
- should be faced.
(D) PRENUPTIAL AGREEMENTS
Prenuptial agreements are contracts entered into by spouses
before marriage which
control property settlements and/or spousal support in the
event of a divorce. Pre-Nuptial Agreements are more commonly
used when one or both of the parties have substantial premarital
assets or income or responsibilities for other family members,
i.e., parents or children from prior marriage.
(E) RELIGION
People of different religious convictions who marry sometimes
have special problems
with the observance of various rites and holidays. The problem
can become unavoidable in the raising of children. Leaving
these issues to be decided "when the need arises"
can be worse. Open discussion and pre-planning a strategy
for practicing religious beliefs and raising children in those
religious beliefs can be most helpful in easing later tension.
II. ISSUES WHICH ARISE AFTER MARRIAGE
Numerous issues can and will arise during the course of
a marriage. It is important to realize that marriage is, by
its very nature, a dynamic process. People and decisions change
during the natural course of events. Each person should know
that despite the best intentions to reach agreements prior
to marriage, some agreements cannot be expected to endure
over the life of a couple.
A. FIDELITY
Nothing can ruin a marriage faster than sexual infidelity.
Fidelity is a sign of each spouse's commitment to the marriage,
and if broken or damaged, may never be totally repaired regardless
of how faithful one is thereafter. If a "one night stand"
or affair occurs, what should be done? There is legitimate
controversy about whether revealing the infidelity to the
other spouse may be more destructive than helpful to a long
and successful marriage. Disclosure may allow the offending
party to purge himself of guilt feelings; yet, the net effect
to the marriage may be detrimental on a long-term basis. Many
believe, perhaps rightly, that telling the truth, the whole
truth and nothing but the truth is always important, and never
more so than in the context of the sacred marital bond.
It is probably best to consult a psychological professional
on the issue of how, whether and under what circumstances
to disclose an act of marital infidelity. Certainly if confronted
with concrete evidence by your spouse, it is vital to make
complete disclosure in order to attempt to rebuild the relationship.
Above all, it's important to understand that each case must
be dealt with on the individual circumstances of the infidelity
and the marriage; this can best be done with professional
assistance which may in the long run actually strengthen each
spouse's commitment to the marriage.
B. SEX BETWEEN SPOUSES
Sexual difficulties can be a symptom of both underlying
marital issues, and significant problems in their own right
which would need to be negotiated by couples. No area is both
so important, yet difficult to discuss in a marriage. Couples
should be particularly sensitive to the potential impact of
sexual difficulties on the functional workings in a relationship,
and be willing to seek professional help should difficulties
arise within this arena.
Couples should try to remain both as attractive and as romantic
as possible. Sexual frustration is the basis for many surface
problems which arise in a marriage and it can create a general
lack of tolerance and commitment to the other person. Although
sex should be comfortable for both parties, a bit of an adventuresome
spirit will help keep your spouse at home. The frequency with
which both spouses will desire sexual intercourse will probably
vary and both must communicate to the other if frequency is
a problem. Neither party should "have his way" but
each must learn to accommodate their spouse's desires. If
sexual problems persist, professional help should be sought
since the causes may be medical as well as psychological.
C. FINANCES
This issue has many different possibilities for causing
marital conflict. Some general rules may be helpful:
1. All earned income, regardless of source, should be referred
to as "our money".
2. The vast majority of earned income should be placed in
a joint account to
avoid problems of financial control or dominance. There is
nothing wrong with each party also having a separate account
for "fun money".
3. Some couples find it helpful to keep financial gifts
from families, if not needed
for everyday necessities or purchase of major marital assets,
in the name of the spouse whose family gave the money. However,
maintaining funds in this manner can become a matter of contention.
Before this decision is made, open and honest discussion between
the spouses is very important.
4. Both parties should be knowledgeable about family income
and debts even if
one spouse is allocated the task of writing the checks or
filling out the tax returns. Neither party should attempt
to "control" the family finances or keep the other
in the dark.
5. Be willing to accept some frivolous spending by your
spouse. Most people
have a need to feel free, at a reasonable level, to buy something
that is not critically necessary for the home or family. You
should not make them feel guilty for doing so. On the other
hand, reckless spending which causes financial burdens may
also cause marital problems.D. FAMILY/HOUSEHOLD RESPONSIBILITIES
Don't expect one person to have total responsibility for
the household chores or child care tasks. It is best not to
leave it to happenstance as to who does what. Set out a logical
list of duties and responsibilities for each spouse so that
specific obligations are known to both parties. Neither spouse
should be the "servant" or "housekeeper"
for the other but this does not mean that all responsibilities
must be divided on a 50/50 basis, especially if employment
or child rearing demands dictate otherwise.
E. DECISION MAKING
It will be wise to discuss with your spouse all major decisions
and even to arrive at these decisions on a mutually agreeable
basis. Communication is the essential ingredient to the process.
Even though all decisions should be mutually discussed, not
all decisions, however, need to be mutually made, especially
if one spouse has greater expertise in a certain area. Deferring
to the other spouse's knowledge and experience will prevent
many destructive and needless arguments. Know what you know
and know what you don't know. One of the most common complaints
heard by marriage counselors and divorce lawyers is that my
spouse is trying to control every aspect of my life. Couples
who are functioning well together share in making decisions
about those issues that affect them both and let each spouse
retain the freedom to make decisions about individual choices
and behavior.
F. CHILDREN
One of the most persistent and pervasive causes of marital
disharmony, but not necessarily divorce, involves the raising
of children. First, the problems can arise from different
ideas concerning the general philosophy of child rearing,
discipline, age-appropriate activities, division of responsibilities,
education (public v. private), and a host of others. It must
be realized that many of your spouse's ideas in these categories
are the product of how he/she was raised. Knowledge of your
potential spouse's family may provide you with important insights
into some or all of these issues. To ignore this background
of your spouse is to risk misunderstanding the expectations
your spouse will have for your children.
One of your primary goals should be to build self-esteem
in your child. This will determine to a large extent whether
your child is "successful" (whatever that means)
in life. This is the second major problem area for parents.
There are a number of ways that parents can either build or
destroy their child's self-esteem. Low self-esteem results
generally in problems with peers, schools, parents and sometimes
the police. These problems cause great stress on the marriage
and often cause an already fragile relationship to break.
To raise a healthy child and make your marriage stronger
and easier, try to provide the following:
1. unconditional love,
2. positive reinforcement as opposed to demeaning put-downs,
3. hugs and kisses,
4. quality and quantity time,
5. consistently followed rules,
6. reasonable discipline without verbal or physical abuse,
7. constant exposure to religious instruction or a moral
code,
8. being a good listener and not just a lecturer, and
9. an ability to be flexible.
The old adage that "children need two parents"
has been proved over and over again:
Both parents must be actively involved with their children
regardless of work schedules.
1. Each parent should avoid making demeaning or derogatory
comments about
his/her spouse in the presence of the children.
2. One of your greatest gifts to your child is to demonstrate
frequently both
physically and verbally your love for your spouse.
3. "Reduce the exposure of children to parental conflict
(both verbal and
physical), as such parental behavior has been shown to have
particularly negative effects on child adjustment and development."
There is much more that can and should be said on the issue
of children, but appropriate preparation for children by reading
and talking with parents whom you admire should be included.
G. TIME WITH SPOUSE
Nothing can be further from the truth than the saying "absence
makes the heart grow fonder". Constant or extended absences
from your spouse will invariably put a strain on the relationship.
This should be avoided if possible. Absence, however, can
also occur when the spouses come home to the same house each
night, but act more like boarders sharing common space than
spouses. Every marriage can be enhanced by frequent and meaningful
communication, joint recreation, and time together away from
the home where possible. One cannot expect a relationship
to grow or even remain "as is" if you treat your
spouse like a roommate and not a spouse. However, each spouse's
being constantly in one another's presence, and no one else's,
creates its own strain. Individuals need some measure of privacy
and respect for their own personal time and space. Failure
to recognize this has destroyed many a relationship. A rule
that you must do everything together or not at all is bad
for most couples. It will, over time, leave at least one partner
feeling suffocated, restless and desperately unhappy, perhaps
without understanding why.
H. IN-LAWS
Although many jokes are told about in-laws, one's relatives
can be a moving force in a divorce. It is each spouse's responsibility
to control their respective parents if they start to become
a problem. You should be protective of your spouse against
unwarranted and unjustified attacks by your parents. Even
if the attacks are true, you must temper the methods used
by your parents when they directly or indirectly criticize
your spouse. There should also be an attempt to equalize the
time and attention given to each set of parents, but often
logistics will make this impossible. Just as you must accept
your spouse's faults and limitations, the same should be true
for your in-laws. Otherwise, you will find yourself in fights
which are impossible to win. The spouse who sees every contact
of friends or relatives as "interference" and seeks
to isolate his spouse entirely from his or her own family
is practically assured of substantial conflict.
I. COUNSELING
If problems are becoming serious, then you must consider
the use of professional marital counselors. Be careful not
to select a counselor whose philosophy is to make the divorce
process easier on both of you. Your counselor should be one
whose primary goal is to effect a reconciliation of your differences
or problems if it is at all reasonable. Identifying problems
and suggesting solutions, or helping you arrive at these,
should be the professional's goal.
It takes a mutual effort if counseling is to be useful.
If one spouse is attending merely to appease the other, it
will be a waste of time. Allow the more reluctant spouse to
be the one who investigates and selects the counselor so that
he/she will have more invested in the process. It is not a
sign of inferiority or mental illness to need the services
of a marriage counselor, but this misconception prevents many
people from seeking the service of counselors. Try to make
your reluctant spouse understand that this is more of a problem
solving process than a discussion of personal faults or emotional
problems. In some serious cases, marital counseling will not
be productive unless both parties are also seeing individual
therapists.
CONCLUSION
Marriage is a commitment. People having been raised in different
backgrounds and having different experiences may come together
and marry with totally different expectations of what marriage
is and should be. Those hopes and expectations might be frustrated
and disappointed during the first months and even first few
years of marriage. This does not mean that if your relationship
with your partner does not meet the expectations which you
brought into the marriage, the marriage should always be terminated.
Like any other endeavor of true and lasting value, most
marriages are worth working on and working for. Do not be
afraid to change your expectations and desires as the marriage
relationship progresses. Marriage can be rewarding although
the relationship turns out to bear no resemblance to what
you originally thought marriage was to entail.
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