Category Archives: Divorce

The Current State of Divorce in the U.S.

This article is brought to you by Yelman & Associates. If  you need a divorce lawyer in San Diego contact Yelman & Associates.
A divorce is the legal act that dissolves a marriage. Research gained by the Center for Disease Control and the National Survey of Family Growth, as well as information retrieved through the United States Census Bureau has led to interesting findings about the current state of divorce in the U.S.

Data shows that marriage rates are at an all-time low, and that people are waiting longer to marry for the first time. Divorce rates have also been dropping during the last few decades. By 2010 it was found that marriages in this century have lasted longer in comparison to marriages in the 1990’s, and experts project that both marriage and divorce rates will continue to drop due to the growing popularity of cohabitation.

Because the Census Bureau performs survey studies only every ten years, their most current data dates from 2009, when more than two million weddings were performed and the divorce rate was 6.8 per 1,000. From 1999 to 2009 there were 19.1 marriages per 1,000 men and 17.6 marriages per 1,000 women in the U.S. During the same time frame divorces were finalized for 9.2 of every 1,000 men and 9.7 of every 1,000 women. It was also found that northeastern states have the lowest divorce rates, and southern states have the highest.

The largest correlational element that leads to divorce is poverty and financial stress. Marriages whose household income is below the median have a greater tendency of ending in divorce. States with a lower base working-class compensation than surrounding states typically have higher divorce rates. Infidelity and young marriages are secondary factors in high divorce rates.

The amount of first, second and third marriages that end in divorce differ significantly. The divorce rate for first marriages is between 40 and 50 percent, the probability of divorce in a second marriage is 60 to 67 percent and third marriage divorces account for a staggering 73 to 74 percent. The amount of people who reach their 25th, 35th and 50th wedding anniversaries are 33, 20 and 5 percent respectively.

The process of a divorce begins when one spouse files a complaint or petition with the court to request a divorce. The court will then schedule a time for an initial hearing at which a judge will review the complaint, answer documents, interview the couple and make temporary decisions that govern the state of the couple’s relationship – this may include information about child custody and child support if any children are involved. After the initial hearing a waiting period will be required before the divorce can be finalized. The waiting period varies, depending on what state in which the divorce is taking place. During this time the couple may negotiate the terms of their divorce, such as division of property and assets. If those terms can not be agreed upon the couple may go through arbitration or mediation.

Finally, if the couple still is unable to see eye to eye, separate lawyers will become necessary to fight for what each spouse believes they are entitled to. A judge will then oversee a final hearing to approve any negotiated settlements, or to impose a settlement. Although an amicable and emotionally healthy divorce is generally the goal, total understanding and agreement in divorce cases is rare. It is therefore highly important that anyone going through a divorce who has any unresolved issues seek the advise of a qualified divorce attorney.


$11 Billion in Unpaid Child Support in Texas

Child Support in TexasState officials have reported that unpaid child support in Texas has reached nearly $11 billion dollars and that nearly half of the 1 million Texans required to pay child support have fallen behind.

According to the Texas attorney general’s office, 46% of parents obligated to pay child support in Dallas County are behind. Authorities are saying that the blows to the economy and the high jobless rates are taking a toll on those who pay child support. While that is understanding given the though economic climate, many others simply defy orders to pay up.
As such, it has been reported that more and more parents are applying for child support enforcement and modification services in Dallas County.

When a parent ordered to pay child support refuses, typically the government collects by garnishing wages, withholding tax refunds and lottery winnings, and suspending professional licenses.

Divorce Survey

Phoenix family lawyer, Steven N. Cole has put together a survey for people who may be considering getting a divorce.  Click here to take the survey.  It’s only a few questions and is intended to collect data about those who are thinking about divorce and why.  Feel free to contact Mr. Cole if you have any further questions.  He has significant experience help individuals and families in the sometimes dark and tumultuous times that can come along with certain family law issues.
Steven N. Cole, LLC
2140 E Thomas Rd
Phoenix, AZ 85016
(480) 333-5588



Sharing Household Chores Can Lead To A Higher Risk Of Divorce

A Norwegian study has shown that couples that share household duties are 50 percent more likely to be divorced than those where the woman does most of the housework.

The study, focused on couples in Norway where in 7 out of 10 couples the woman still does the majority of the chores, found that “the more a man does in the home, the higher the divorce rate.”

While it’s conclusion was definitive, the study found very little cause and effect in the difference in rates and attributes it mostly to values and modern thinking.  Simply put, couples that divide housework equally are typically more modern couples, less dependent on their spouse, and have a less sacred view of matrimony.

Whether or not these findings are applicable remains to be seen.  U.S. divorce rates are high, around 50% for first marriages, have been climbing over the last few decades, and, according to divorce attorney Steven N. Cole, may be scaring younger people away from getting married in the first place.  According to his blog, “67 percent of cohabitating couples had fears about the emotional, financial, social and legal consequences of divorce, and the worries of having to deal with the fallout of divorce,  made them leery of marriage. ”

Until a similar study is made in the U.S., husbands should not use this as an excuse to get out of housework, no matter how enticing this option may seem.

Bride's Wedding Jitters May Predict Divorce

Bride with Cold FeetA new study looks at whether “cold feet” before marriage is a normal nervous feeling to be disregarded, or if it is a legitimate warning sign and predictor of divorce.

In a UCLA study led by doctoral psychology student Justin Lavner, it was discovered that marriages in which brides had doubts before saying “I do” had a two-and-a-half times higher chance of ending in divorce within 4 years.

Lavner’s team studied 232 couples is Los Angeles during their first few months of marriage, then checked back in every 6 months for a span of 4 years. They found that although newlywed husbands had more doubts before marriage (47%), the wives’ doubts (38%) were a much better predictor of the fate of the marriage. In fact, 19% of wives who reported uncertainties about getting married were divorced 4 years later, while only 8% who did not have those feelings were divorced in this time frame.

Researchers found that many people have apprehensions about getting married. Only 36% of couples studied reported having no doubts before the wedding. “People think everybody has premarital doubts and you don’t have to worry about them,” Lavner said. “We found they are common but not benign.” Lavin assured that doubts don’t necessarily mean doom for the relationship, but researchers recommend that couples address any issues they may have before getting married. Lavin is not advising women with doubts to necessarily end their relationship, but he warned “there’s no evidence that problems in a marriage just go away and get better. If anything, problems are more likely to escalate.”

Marriage is not a solution to ongoing issues. Couples need to talk about them and work through them. When women have these uncertainties they should not be lightly dismissed.  If you are considering filing for divorce, contact an expert Albaugh Law divorce attorney in St. Augustine,FL for a free legal consultation.

Chad Johnson Refuses To Sign Divorce Papers: What's Next?

Chad Johnson Refuses to Sign Divorce PapersUnless you hate football, news, and gossip, by now you know that former Miami Dolphin receiver  Chad Johnson is refusing to sign divorce papers he was served recently by the recently wedded, soon to be ex wife Evelyn Lozado. As entertaining as the human drama involved in the story (head butt arrest, the subsequent release by the Miami Dolphins, and the fresh ink, that screams “bad decision”, of the tattoo of her face on his leg), the story of the divorce provides an opportunity to examine the process of divorce as it plays out for the world to see.

According to various media reports, Johnson is very adamant that he wants to work things out and stay together. Though a court order forbidding him from making contact with her following the messy domestic violence charge might make it difficult to do so, he is determined to win her back. As previously mentioned, he even went so far as to tattoo Lozado’s face on his leg after she expressed her desire to dissolve the marriage. She on the other hand seems unimpressed and adamant that they have a divorce. Being served with divorce papers can send anyone into a state of confusion and denial. As Chad Johnson is exhibiting, this is not the best state to be making important decisions. That is why we advise contacting and following the legal advice of an experienced divorce attorney immediately.  We also advise against frequenting tattoo parlors in this state of mind.  So what happens next for Chad?

Unfortunately for the receiver formally known as Ochocinco, there is little he can do to stop a divorce. Potential domestic violence charges aside, “no-fault divorce” laws have been implemented in some way throughout all 50 states. This means a person can exit out of a marriage agreement without claiming fault on either party. Which means one way or another, the divorce is imminent.

At this point, the best course of action for Chad Johnson is to accept defeat and prepare for next weeks opponent. In this case, not so much the New York Jets, but the legal proceedings. Depending on what state the papers are filed in, a recipient of divorce papers could have up to 30 days to respond. This means they only have that much time to find the best possible family lawyer and position themselves in the best place possible for a divorce resolution. This could involve obtaining copies of W2’s and financial statements, closing joint bank accounts and credit cards, and assessing assets and liabilities shared by the couple.


Marriage Drives Women to Drink

Marriage drives women to drink. According to a recent study, married women drink more than their single counterparts because they are influenced by their husband’s drinking habits. The study found that, as a whole, men drink more than women and, as they spend more time with their husbands, women begin to drink more as well. Conversely, the study showed that married men drink significantly less than single men, as they spend less time with their drinking buddies and more time with their wives.

In the past, there have been numerous studies into the relationship between drinking, gender, and marital status. The new study, however, looked at all the different types of single people including divorced, widowed, and never married. Conducted by sociologists from numerous U.S universities, the study surveyed 5,305 men and women from Wisconsin (so, according to the study, 100 percent of men and women are also Packers fans).

Despite the rise in female drinking, the data showed that married people, on average, drink less than single people.

The most at risk group, however, is recently divorced men, who are more likely to cope with emotional pain in external ways. Divorced women generally see a sharp decline in their drinking.

Divorce Rates By State


Divorce Rate by State:

According to a 2010 study done by the National Vital Statistics Report and the U.S. Census Bureau, northeastern states have the lowest divorce rates, and southern states the highest. But what is the cause of these differences and what fuels the divorces?

The study compared the number of divorces per 1,000 people rather than per 1,000 marriages, so one must take into consideration that the number of states’ marriage rates will show a linked relationship in their divorce rates. However, there are many other factors that influence these numbers. The largest correlation to divorce is poverty and financial stress. Marriages whose household income is below the median have a greater tendency of ending in divorce. For example, Maine is the only state in the Northeast with a high incidence of divorce, with a rate of 4.3 per 1,000, because it provides lower working-class compensation than surrounding states.

Infidelity and young marriage are secondary factors in high divorce rates. Certain states, such as Oklahoma (4.6 per 1,000) and Arkansas (5.6 per 1,000), have attributed their high rates to young people marrying in the early stages of lust or due to an unplanned pregnancy. In scenarios like these, infidelity is more likely to occur which can ultimately lead to divorce.  

Liberal divorce laws do not affect as many states as the previous stated explanations, but make quite an impact on the ones that they do. Some states have installed barriers and hurdles to getting divorced in order to encourage couples to reassess their decision and to work out their problems. While South Carolina requires a couple to be separated for one full year before being granted a divorce, other states have created a system in which obtaining a divorce is quite simple. A divorce attorney with mediation experience can also make the process easier by keeping couples out of court and focused on solutions that are beneficial to both parties.

Nevada (6.6 per 1,000) has been coined, among other things, the “divorce capital of the world.” Although the Las Vegas lifestyle influences marriages with its gambling, substance abuse problems and legal prostitution, liberal divorce laws in Nevada have made long, drawn-out and emotionally taxing divorces a thing of the past. Wyoming’s law states that a couple is simply required to live in the state for 60 days. After that, they can file, and three weeks later the divorce will be finalized.

Divorce rates cannot be categorically attributed to stereotypes, the way some sources suggest. The highest rates are not clustered in the Bible belt, nor do they lie solely in the red or blue states. We do have information on what is currently causing rates to rise, but the explanations are endless and subject to further debate.