Wave of Same-Sex Divorce to Follow Flood of Marriages?

Posted by Daniel Clement on June 17, 2008
Following up on yesterday’s posting is this article, in today’s New York Post, (in which I was quoted).

The floodgates have opened; there will be thousands of same-sex marriages performed in California in the near future. In the aftermath, I anticipate a wave of same sex divorces.

At least, one court has already recognized the right of same sex couples to seek a divorce in New York.

 In order to avoid the pain of divorce, same-sex marriage couples should be urged to proceed with caution. As pointed out in the Post:

Fools rush in, they said, even gay fools.

"It's not a decision to rush into," said Jim Key, a spokesman for the LA Lesbian and Gay Center.

Same Sex Marriage Stimulates Economy

Posted by Daniel Clement on June 16, 2008

In an environment where every day we are greeted with news about the troubled economy, we are thankful for any sign of economic growth.

Today, California began performing same sex marriages which may provide a boost to the local California economy.

The New York Times reported that:

The potential windfall of same-sex marriage was underscored this week in a study by the Williams Institute at the University of California, Los Angeles, School of Law, which estimated that over three years, same-sex nuptials would contribute $684 million to the state’s wedding industry and $64 million to the state budget.

The Times describes the cottage industry of performing the once forbidden same sex marriages:

It’s basically a godsend,” said Daniel Doiron, the general manager of the Ingleside Inn in Palm Springs, which is offering honeymoon specials from $479 bargain basement (boutonnieres, 15-minute wedding, 20 guests) to the “Elizabeth Taylor” at $29,999 (poolside villas, wedding cake and reception, ice sculptures, flowers, sit-down dinner for 200 and three nights in the honeymoon suite).

Not to jinx any of the nuptials, but, like heterosexual marriages, some of the same sex marriages will not be everlasting and will end in divorce. These same sex divorces will further drive the economy, as the parties will need to employ the services of lawyers, accountants, financial planners, mental health professionals, appraisers and other divorce professionals.

Why Hire an Attorney to Handle Your Divorce?

Posted by Daniel Clement on June 10, 2008
Mark Wortman in the Missouri Divorce and Family Law Blog supplies multiple answers the question, why do you need a lawyer.

Among the reasons given are:
  •  The attorney can take much of the burden off of the litigant, reduce the length of the case, and hopefully negotiate a settlement where everyone wins and nobody goes to court.
  • You wouldn't perform your own surgery, why would you try to take on the court by yourself. Divorce lawyers are here for a reason.
  • Whatever your argument, the judge has heard it before. The attorney knows how to pick the battles and keep you on the judges good side.
  • Family law is not like other areas of the law. A skilled negotiator is superior to a combative lawyer or litigant who wants to fight about everything.


Mark diplomatically stops short of quoting the old adage that anyone who attempts to represent himself in court has a fool for a client. Though this expression has become a cliché, it is also true.

You should retain a divorce lawyer because he is expert and knowledgeable in the field. As a self represented litigant, you may not understand the relative strengths or weaknesses of your case, the limits of  your rights or the full extent of your liabilities.

To put it in context, would you, as a pro se litigant, know how to distribute a professional license or an educational degree?

Moreover, the law is ever changing. The practitioner through participation in professional associations, continuing legal education and daily practice, keeps abreast of the evolving case law and statutory changes.

Finally, legal representation brings objectivity to a case. As a litigant, you may be simply too close to the litigation to make reasoned business-like decisions. A good practitioner will set out options and assess the risks of litigation.

In the end, most litigants want a fair resolution with an end to the divorce litigation – a good attorney will lead you there.






To Appeal or To Not To Appeal: Statistics

Posted by Daniel Clement on June 05, 2008

In any litigation, in which the court must render an order or judgment, there is a winner and there is a loser. Sometimes, the court will even telegraph its decision, in advance, in order to facilitate a settlement discussion.

Most clients, when informed of an adverse decision (or even the potential for one), will, as a knee jerk reaction invariably say, “Let’s Appeal!” or “If the judge does that, we will appeal.”

Without even addressing the fact that not every decision is appealable, the odds are that an appeal will NOT be successful. To the contrary, most appeals are unsuccessful.

Dick Bailey Service, Inc., an appellate printer, recently sent me statistics it compiled of the appeals submitted to the Appellate Division, Second Department from January through June 20007. Not surprisingly, in 52% of all cases appealed, the trial court’s order or judgment was affirmed (the appeals court agreed with the trial court); sixty two (62%) percent of all matrimonial cases were affirmed.

Less than, one quarter of all cases, but only 14% of the domestic relations cases were reversed. In eleven percent of the cases, the lower court decision was somehow modified.

These statistics illustrate the fact that an appeal in a matrimonial case has only about twenty five (25%) chance of either reversing or modifying the underlying order or judgment.







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Irreconcilable Differences in New Jersey One Year Later: What Was the Fuss About?

Posted by Daniel Clement on June 01, 2008
Over a year ago, New Jersey recognized irreconcilable differences as grounds for divorce. So, what can New York lawmakers, who have been struggling to enact a no-fault grounds for divorce, learn from New Jersey’s experience?

According to the New Jersey Lawyer, “The law stands as a classic case of a proposal lingering for years in the state legislature based on opposition from religious groups and, when finally enacted, is actually heaped with praise.”

In the absence of a no-fault or irreconcilable differences ground for divorce, the parties need allege and prove marital fault. Prior to the enactment of New Jersey’s irreconcilable differences grounds for divorce, extreme cruelty was a common ground for divorce.

“All attorneys interviewed agreed that a detailed filing under extreme cruelty had the potential to create an especially combative and mean-spirited divorce proceeding.” The new no fault law has effectively defused some of the animosity.

“Unlike the extreme-cruelty standard, an irreconcilable-differences filing "starts the litigation off on a positive note; you don't have to start the litigation with smearing the other party," added Paterson lawyer José I. Bastarrika.”

The attorneys and judges interviewed, not surprisingly, acknowledged a drastic reduction in cruelty filings.

Perhaps one day, New Yorkers, after enacting a no-fault divorce law, will like our New Jersey neighbors, will look backward and wonder, what was all the fuss about.