It is over.

Despite a decline in the rate, these words are being spoken every year between husbands and wives (and even homosexual married couples). The grim statistic of 50% is a myth, but divorce is a reality.

Study Harder

English: Marriage and divorce rates in the US,...

Rates of Marriage & Divorce in US through 2009

Couples, who have college degrees and get married after age 26, have the best chance of staying together more than 20 years (only a 19% divorce rate). If married before 26, educated couples have a 65% shot of seeing the China wedding anniversary (35% divorce rate).

Hardened by Adversity

Fewer couples get married in depressed economic times. The going theory is they have no money for weddings. The ones who do get married in tough times stay married longer because they are more dedicated to the union despite the hardships a wedding may create.

Bringing up (?) the Curve

Those without a college degree are the ones getting divorced at 49%. These couples are the ones more likely to split when the economic impact affects the children.  No matter your math skills, it is impossible to get to the mythical “50% of marriages end in divorce”.

A Sticky Wicket

Even if we only had to discuss one, divorce is a complicated matter. Most divorcees admit they did not go through a thorough screening process before they married. Without the proper foundation, the marriage crumbled eventually leading to divorce and taking with it fragments of jobs, savings, homes, cars and children’s lives.

Big Business

English: Dollar/Peso sign (not a symbol of the...

The decline in divorce statistics has not truly affected the pay rate for attorneys, who are the only winners when it comes to divorce…because they are making up to $500 per hour to undo your I do, even when times are tough. Even DIY divorces can cost up to $1,000, depending on jurisdiction.

It is not about the money…yet.

Before we get to the dollars and (the lack of) cents of divorce, we are going to discuss the most valuable assets: The children. Wait. Before you happily married Mates scroll away… Chances are good you know someone who will be divorcing in the next five years. What you may learn may change the life of a child. Keep reading.

 Open Letter to Divorcing Couples:

Attention Adults:

Rita and John's Marriage Certificate

Marriage License

I refer to you as adults because before you were issued a marriage license, you had to prove you were above the age of consent. In my book, you are going to be required, henceforth, to act as though you are an adult.

The user guide, as well as the marriage vows you recited, is rife with instances of the legal phrase It is not about you. From this part forward, you will be bound by that verbiage.

During the pendency of your vinculo matrimonii, you will conduct yourself in a ladylike or gentlemanly fashion at all times. You will do it for the sake of your children, families and friends, who did not choose this path. You will not embody the attorney’s inside look at divorcing law:

Criminal law is about bad people trying to behave their best, at least in court; and divorce law, is good people at their worst.”

I am logical enough to comprehend the reason you are divorcing is a failure to see eye-to-eye on topics as diverse as laundry, retirement, sandwich night, fidelity, football and career choices. In this diversity, you will embrace one simple commonality: You want a divorce.

Until the judgment (and throughout any post judgment proceedings relevant to property settlement or children), you will focus on the common ground you both share. During what is likely to be the last interest you ever willingly share, you are expected to work toward the goal of divorce without acrimony, violence, antipathy, property destruction, malevolence, slander, acerbity, mordancy or contempt.

All of these behaviors should be addressed with appropriate mental health care professionals, divorce support groups and the individual friends you have chosen as your personal property settlement. You must refrain from using such friends as tools, weapons, spies or reconnaissance sources, as they were not party to the marriage in the first part nor instrumental in its demise in the second part (infidelity notwithstanding).

You will follow the guidelines set forth over this course and emerge in the end a whole person, not having sacrificed part of your soul, or that of your children, to the altar of divorce.

For your cooperation, in advance I thank you.

Do you know someone going through or preparing for a divorce? Are children involved? Would you like information on how to help without being entangled? (Please do not use names, even if you are speaking of your own divorce.)


© Red Dwyer 2011
Reblogging of this or any other post on The M3 Blog is expressly forbidden.
Copyright and Privacy policy available in The Office. 

Do Not Plug Me In

As a paralegal, I drafted many living wills, including my own. Although individual state’s regulations vary to some degree, the basics of staying off life support are universal.

Enact a living will. 

Sample Virginia Durable Do Not Resuscitate Ord...

A living will is the only universal (accepted in all states) way to protect your right to stay off life support in the United States. This instrument should contain your wishes against being placed on life support and should specifically explain which types. GI (gastrointestinal) tubes, or feeding tubes, are not generally accepted as life support. Ventilators may also not be considered life support in certain circumstances.

Be specific when listing the types of life saving measures and life support you want avoided with notation whether or not your list is exclusive.

Suggested life-saving and life support prohibition options for your list include:

Sgt. Carl Verway, native of Vancleave, Miss., ...

  • Defibrillation
  • Cardio-pulmonary resuscitation
  • Lung inflation
  • Adrenaline injection
  • GI or NG (nasal gastric) feeding tubes
  • Intebation (artificial respiration, ventilator)

All permission should be granted in your living will for organ donation, otherwise organ harvesting will be forgone. Even if your identification listed you as an organ donor, your next of kin will be contacted and permission will be sought. To avoid the delay which may render your organs irretrievable, list specific donations in your living will, including:

Organ Donation

  • Heart
  • Lungs
  • Kidneys
  • Pancreas
  • Corneas
  • Skin
  • Liver
  • Bones
  • Blood

If your body is to be donated for research or a cadaver program, list the receiving facility in your living will. Attach a copy of your donation release form to your living will to expedite the process.

Execute the living will.

The instrument must be witnessed by two persons above the age of majority and notarized. File an original of the document with the probate court in your jurisdiction. Provide a certified copy to all of your physicians to become a permanent part of your medical history. Provide a certified copy to local hospitals to which you may be brought by ambulatory service to be placed in your permanent medical files.

courthouse

Carry a certified copy with you where someone looking for your identification will find it, in the event of calamity while you are away from home. In your wallet, passport case or purse, are good places to carry it. Do note that some countries will not honor your living will.

Once given a living will, hospitals will place a DNR, Do Not Resuscitate, order into your medical chart. Until the DNR is issued, heroic measures may be taken on your behalf including restarting your heart and many other measures which will save your life. Those who wear medical identification bracelets should consider having DNR engraved on their bracelets.

Filing your living will with the probate court will prevent family conflict over your wishes and theirs.

Talk to your physicians and an attorney prior to drawing a living will. Execute your living will to be certain your family, your friends and your medical staff know your wishes to stay off of life support and are legally bound to carry them out.

Are you an organ donor? Why or why not?

© Red Dwyer 2011
Image Credits: Unlinked images from WikiCommons
Reblogging of this or any other post on The M3 Blog is expressly forbidden.
Copyright, Cookie and Privacy Policy are available in The Office.

Diamonds, Q-Beams & Rednecks

What you see is what you get.

Is this real or “simulated”?

Very rarely is this the case. More often than not, what meets the eye at first blush is far from the true contents of the package. Whether we are talking about products or people, what the box looks like is often deceptive. It is the bane of the first impression.

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Muse for Monday

Time to take a nature walk and appreciate the emotions all around…even when you cannot see them. Listen closely. Can you hear that? What did you hear?

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Hated To Do It

…but it was time for a new poll. The last minute entries changed the results rather dramatically. On the head of the post Who Are You?, the poll asked How do you describe yourself most often? The web results were not much different than the in person interviews, except where “Other” was concerned.

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