Local Law Blogs

Who's staying married?

The U.S. Census Bureau has released data regarding the incidence of divorce on a state-by state basis. Interestingly, and contrary to some segments of public opinion, New Jersey and Pennsylvania rank second and third, behind only Hawaii, for the lowest percentage of divorces.
This is all the more interesting since New Jersey is the most heavily populated state by square mile and not a politically conservative "red state".  In fact, some  "red states" have very high divorce rates, so go figure.
 

What's the reason?  One theory is that more folks are opting to live together rather than get married, thus reducing the number or divorce filings.  One the other hand, some opine that the availability of " no fault"divorce is a major contributor to the breakdown of marriage and  increase in divorce rates. Others say that the cost of divorce is too expensive yet increasing numbers of persons are electing mediation or arbitration as alternatives to divorce litigation and even the cost of litigation can be properly managed if a divorce attorney has an associate to assume appropriate responsibilities at a lesser billing rate during the process.

Putting the cold data aside, my experience is that unhappy spouses either need to find their way to a happier place through counseling (assuming both participate in good faith)  or acknowledge that their relationship is unworkable  and harmful to their children.  In the latter case, a person's retention of experienced divorce counsel is essential to maximize a fair and cost-effective outcome depending on the complexity of issues and willingness of the other party to be part of the solution.

Full post as published by New Jersey Law Blog on September 29, 2009 (boomark / email).