Divorce Really Sucks (a view from the trenches) Part II

June 11th, 2010

Psychological Impact Of Marital Dissolution On The Nuclear Family – or

How does divorce make you feel?


Why do marriages fail? This writer has noted that there are a number of reoccurring causes for failure of the marital relationship. Among them, a nonexclusive list of these causes are:


  1. Control issues. Clearly unwanted control of the marital relationship from this writer’s view is the most dominating cause of marital failure. Control can be mental, physical or emotional. It can extend to who manages the marital estate, who has decision powers or input regarding asset acquisition and who shares information that goes to the core and lifetime issues of a marriage. Control is also impacted by simple unsolicited power – who manages the feelings of the husband and wife; are there limitations or artificial prerequisites to expressing feelings; are there false expectations; are there abuse issues. Abuse issues can be mental or physical. Although physical abuse is the most reported, clearly emotional abuse is an overwhelming reason for divorce as it relates to control of one spouse over the other.
  2. Outside forces. Parents, grandparents, great grandparents influence on the marital relationship, separate estates, proceeds, trusts, lands, stipends, independent wealth issues, religious issues, and step-children issues. Frequently, in blended families, step-children, children of the half blood, adopted or otherwise can be a crowning achievement for the blended family or a death sentence to its continuation. Although men and women wish, choose, and strive to accept another person’s child as their own, and in many cases are extremely successful in that regard, more often than not, artificial and unrealistic expectations of one spouse as to the other spouse’s attitude toward his or her children disrupt the marital relationship and place the non-blood spouse in an impossible position. Children of another marriage are frequently, depending on age and maturity, excellent adept manipulators of this difficult situation, sometimes terribly aggravating the problem and accelerating the breakdown of the marriage.
  3. Adultery. Adultery, though a cause of divorce, is almost always a symptom rather than a cause. People seek escape from stress, control, abuse, alcoholism, etc. both male and female, and often adultery (if not obsessive or compulsive) is a mere anesthetic and self-medication for feeling bad. When the emotional divorce has not been accepted, when the relationship has devolved into anxiety, depression, or high stress levels, people seek relief from those pains in others.
  4. Addiction. Alcoholism, drug abuse, gambling addiction, illicit sex addiction all contribute to and are conducive to a failed marital relationship. By far, alcoholism is the highest and best candidate for failure in the view of this writer. However, any form of addictive behavior which places an addictive person’s type of conduct or activity in the center of a relationship, at some point and time in the future, is dooming the husband and wife for the divorce lawyer’s office. There have been remarkable strides in treatment in recent years. There are rehabilitative, medical, and therapeutic answers to many of these issues that did not exist in the past. Still, without exception, there must be a full acceptance of the addicted person of his or her problem for these therapeutic means to result in an acceptable end.

The Nacol Law Firm PC
Law office of Attorney Mark Nacol
Serving clients in the Dallas – Fort Worth Metroplex area for over 30 years
Tel: 972-690-3333

Divorce really sucks (a view from the trenches), Part I

June 10th, 2010

Psychological Impact Of Marital Dissolution On The Nuclear Family or

How does divorce make you feel?


Make no mistake, there are always two divorces. There is legal divorce, and there is emotional divorce. Although inextricably intertwined, they are distinct and separate with their own life and death, each fueling and affecting the other.


 

Aside from the loss of a spouse, child or parent to death, it has been said that divorce is the most egregious, emotionally dehabilitating experience a man or woman may have in a lifetime. The grief to each spouse, regardless of fault or equities, is very real, personal, deep and frequently damaging.


 

Aside from dispute resolution and collaborative law possibilities, which generally may apply to some people, the judicial adversary system is perhaps the most misplaced, illogical and painful method one might devise to dissolve a bond as culturally significant and historically necessary as the marital compact. Regrettably, it is what we have today to resolve marital conflicts.


 

The legal marriage is formed either by statute or common law. Statutorily one may secure their priest, Rabbi, or other authorized person to join the parties in union by purchasing a marriage license, taking a blood test and going through the formal procedures and ceremony. Additionally, you may, under statute, marry by filing forms with the state signifying the union. In Texas, flowing from the Mexican/Spanish influence on our statutes and the large distances between cities, the time and effort necessary to find a preacher in days gone by, two parties may marry by common law agreement. Such a marriage is binding upon agreement of the parties to be married (irrevocable present agreement), cohabitating together, and holding themselves out to the public as man and wife ratifying the relationship.


 

Regardless of which of the three procedures one takes to become married, once accomplished it is binding and can only be dissolved by divorce. Divorce means lawyers, the adversary system, the frequent unnecessary involvement of the children in the procedure, and significant grief.


 

It has been shown to be very constructive, useful, and therapeutic to entertain marriage counseling and/or divorce counseling prior to, during, and following a divorce procedure. There is no question that securing the services of a quality counselor, properly qualified to assist a husband and wife going through divorce, yields long-term benefits and faster recovery time, though the counseling often leads to serious emotional disruption and further pain before recognizing therapeutic results.


 

Once married, the divorce rate is over 50%. 95% of the population is married by age 55 versus 72% in 1970. The general life expectancy of a marriage is approximately 7 years, 8 months for the first marriage, and 7 years, 4 months for the second marriage.

 

The relative costs and expense in dissolving the marital relationship is directly proportional to the acceptance and the decision to divorce emotionally which can occur days, weeks, months, or years prior to the time you meet your attorney to commence the divorce proceeding, or never at all.


The Nacol Law Firm PC
Law office of Attorney Mark Nacol
Serving clients in the Dallas – Fort Worth Metroplex area for over 30 years
Tel: 972-690-3333

Serving clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.