Divorce All-Stars: Heather Mills & Sir Paul McCartney

Things seemed great for Paul and Heather at the start. They had a fairytale wedding, complete with castle and signature song. Oh, but then…

Things started going south after the birth of their child. Then things went from south to knock down, drag out war. Heather blamed the marriage’s demise on one of Paul’s older children and made various claims of abuse. Paul’s team countered with Heather’s own words found in happy anecdotes featured in a book released by Heather in 2006.

Heather fired her lawyer and began representing herself in the proceedings and asked for £125 million. Paul countered with nearly £16 million. They finally settled at nearly £25 million plus yearly support payments. To add insult to injury, during the judgement the presiding judge praised Paul’s handling of the case and scolded Heather for giving inaccurate and inconsistent evidence.

While money can’t buy you love, it can buy you freedom.

McCartney seems to have found L-O-V-E with Barbara Walters’ niece but I think it’s Martha who will always have the crooner’s heart.

Respectfully,
James J. Sexton

 

Divorce All-Stars: Elin Nordegren & Tiger Woods

Who could forget the Tiger Woods/Elin Nordegren trainwreck? Once upon a time Tiger Woods was America’s golden child. Parents around the country pushed their kids into the most boring sport invented hoping their average kid with sub-average hand-eye coordination would turn out to be the next Tiger. He had sponsorships coming out of his ears and the whole country cheering for him. It seemed nothing could go wrong…

Then it turned out he was a compulsive cheater and not so cool of a dude and we all turned on him and shamed him into doing weird apology commercials like this one:

Earl asks his son Tiger a few questions before Tiger's return to golf.

Weird, right?

Tiger and Elin were married in 2004. His indiscretions came to light in 2009 after Tiger got in a weird car accident near their home. Tiger went to cheater rehab, as was popular at the time, but it didn’t save their marriage. The divorced was finalized in 2010 and Elin walked away with a reported $100 million.

What can we learn from this? Don’t put people on pedestals and golf is boring. 

Respectfully,
James J. Sexton

An Open Letter to Scarlett O'Hara: The Original Marriage Hacker

Dear Scarlett,

I’m one of your biggest fans. I’m a Yankee, of course, but ever since my grandmother forced me to sit through Gone with the Wind when I was eight, I’ve had a deep respect for your determination and general pluck. It’s possible you were even an inspiration for me being a divorce lawyer, because I think of you as the original marriage hacker. You couldn’t get divorced in old days, but you made the most of three unhappy marriages, taking what you could get and repeatedly building a new empire from the ashes of the last.

Let’s be blunt here: history wasn’t exactly on your side. Yet you managed to survive—and thrive—despite living through a war; despite losing your parents in really awful ways; despite having your entire livelihood burned to the ground; oh, yeah, and despite being tied into a corset, buried in petticoats and told to be a lady. You are not a lady, and that’s what we love about you. Had you lived in modern times, you would have been the terrifying grand dame of any of the “Real Housewives” series, without exception.

The thing about Gone with the Wind is that it everyone thinks it’s a story about love for other humans—your love for Ashley Wilkes, your love for Rhett Butler—but you’re not really a romantic, Scarlett. Women had it rough in the American South; marriage dictated that you were essentially the property of your husband. So not surprisingly, your most lasting love affair was with your house, the infamous Tara. I think the men were more or less just there to provide you and Mammy with some eye candy. Still, I think it’s worth having a look at who you married and how you marriage-hacked your way into a medium-happy ending.

Marriage #1: Charles Hamilton
Charles was your first husband, and you married him on a whim (I love when people do that). You had just found out that your crush Ashley Wilkes was marrying someone else, and as a way to make him jealous, you seduced his new brother-in-law-to-be, Charles Hamilton. You had a son together, in the book anyway, not the movie; then he went off and got himself killed in the war. This is convenient for you, and explains why you married someone right before they marched off to war. But Charles was a safe bet anyway, being super young a bit of a dummy; he would have made a good docile husband for a firecracker such as yourself. But anyway, he’s out of the way.

Marriage #2: Frank Kennedy
After Atlanta was burned in Sherman’s march through the South, tired and traumatized, you returned to Tara, your true love. Unfortunately you arrived to find the whole place had been wrecked and looted, and your mom was dead, and your dead had gone crazy. You probably would have been okay staying single at this point—you were well on your way to getting the farm functional again—until the government raised the taxed on your property. You needed to marry someone with money, and fast.

Rhett Butler, the face that makes all the grannies swoon, sadly wasn’t available, so you quickly settled for your sister’s boyfriend Frank Kennedy, who is—conveniently and thankfully—as much of a dummy as your previous husband was. But he was a dummy with a business, and he could pay the taxes on Tara, who was the only one you really loved, so it was fine. You and Frank even have a kid (in the book, not the movie). Then you get attacked, and in the skirmish that follows, in which local men try to defend your, ehm, honor, your husband Frank is killed. Marriage number two, complete.

Marriage #3: Rhett Buttler
After Frank dies, you’re actually fine. (Financially I mean, of course you were fine emotionally.) You don’t need a husband. But—and here’s where people get generally confused about the love story in Gone with the Wind—you are physically attracted to this Rhett Butler character. So, finally having the freedom to make the mistake most people make with their first marriages, you marry him for the sex. Oh, and also, he’s filthy rich, so that doesn’t hurt. But you don’t love him. You sort of sometimes think you do, but then not so much.

You have a child together (this one actually shows up in the movie) but then, when she dies tragically, so does your marriage. Rhett leaves you. And you decide to go back to Tara, your true wife.

What can be learned from this? A lot.

One big lesson is that if you can’t marry who you actually think you want to be with, the next best option is to marry someone else. Or, in your case, everyone else. Especially if they can get you out of debt and have a high chance of getting themselves killed in some manner.

Another lesson is that people can’t marry houses. Even today.

And a final lesson—and this is probably the real takeaway from this letter—is that women from the South are completely nuts. Take it from your friendly neighborhood divorce attorney: if you hear the rustle of petticoats, run.

Respectfully,
James J. Sexton

Divorce All-Stars: Madonna & Her (Former) Guy

Gather round, kids, it’s time for your #throwbackthursday divorce story of the week!

Once upon a time (in 2000), just around the time Madonna started pretending to be English, Madonna and Guy were married. They married in a Scottish castle just after their son was born and teamed up together to work on a very terrible film. Thankfully they decided to keep their careers separate following the movie’s epic flop and kept sailing along adding another child to their brood in 2006.

BUT THEN.

Rumors soon started swirling that there was trouble in paradise. They confirmed the split was legit by explaining they couldn’t “bear to live with the pretense any longer,” (#UGH) because Madonna must always be the most dramatic Madonna she can possibly be, at all times. But don’t cry for her (Argentina). 

The divorce proceedings were seemingly tame, and the settlement was finalized in 2008 with Madonna agreeing to pay out Guy something in the ballpark of $80 million. They split custody of their children, though Guy received full custody of Madonna’s English accent.

It was all very posh and everyone lived happily ever after. 

The End.

The Best Divorce Movies to Get You Through the Dark Times

Divorce can be an isolating experience. Especially when those around you haven’t been through it themselves. They can try to comfort you and say the right things, but sometimes you need someone who knows what it’s like. Someone who’s been through it. Someone like my old pal Holly…wood.

There’s a movie out there for everyone. One that will resonate with you, no matter how unique you think your situation is. Below are my absolute favorite divorce movies. Find which one suits your needs, clear off the couch and get some snacks together.

First Wives Club
Did your husband leave you for some twenty-something? Was that twenty-something Jessie Spano? Do you like musical numbers that involve a lot of white semi-formal wear? Yes? Then First Wives Club is for you! Goldie Hawn, Bette Midler and Diane Keaton play three divorcees out for revenge. You can live vicariously through them while still taking the high road even though your ex-husband Steven is scum of the earth and his new girlfriend Tiffani doesn’t look old enough to babysit.

Mrs. Doubtfire
Did you lose your custody battle? Have you considered posing as a female nanny to spend more time with your kids? Yes? Well Mrs. Doubtfire is the film for you, friend. It’s got slapstick and hijinks galore and watching from the comfort of your couch is a heck of a lot cheaper than hiring a professional makeup artist to transform you into an older Scottish lady.  

In Theaters: 28 January 1994 (UK) Daniel Hillard is an eccentric actor who specializes in dubbing voices for cartoon characters. Daniel is a kind man and a loving father to his three kids Lydia, Chris, and Natalie, but Daniel's wife Miranda sees him as a poor disciplinarian, and a bad role model.

Crazy, Stupid, Love
Did your wife leave you for some chump she works with? Do you like looking at Ryan Gosling? Are you looking for some tips to help you pick up women in bars post-separation? Look no further, all that and more awaits you in Crazy, Stupid, Love. Nothing pains me more than to tell you that you’re probably not going to meet Ryan Gosling at your local bar. And he’s not going to date you, nor is he going to teach you about pulling women like your own personal pick-up artist Mystery. But! You can watch this and pretend for two hours that those are all feasible things that can indeed happen.

Crazy, Stupid, Love. movie clips: http://j.mp/1CMl3HT BUY THE MOVIE: http://amzn.to/rP480q Don't miss the HOTTEST NEW TRAILERS: http://bit.ly/1u2y6pr CLIP DESCRIPTION: At a crossroads, a husband and father (Steve Carell) befriends a young lothario (Ryan Gosling). FILM DESCRIPTION: At fortysomething, straight-laced Cal Weaver (Steve Carell) is living the dream-good job, nice house, great kids and marriage to his high school sweetheart.

She-Devil
Is your husband having an affair with a world renowned romance novelist? Do you want to ruin his entire life? Do you need a step-by-step guide? Well, you’ve got one in She-Devil. I don’t know why this movie isn’t more popular, it’s amazing. Just don’t get any ideas… So much of what Ruth does would land you in jail for a long time. 

Desperately Seeking Susan
Are you a bored stay-at-home wife? Do you read personal ads to get you through those monotonous days? Do you live vicariously through those ad writers? Have you ever been swept up in an ancient Egyptian jewel heist? Great! You’ll really relate to this one. So much is good here — fantastic soundtrack, very 80s New York, Madonna — you can’t lose.

Subscribe to TRAILERS: http://bit.ly/sxaw6h Subscribe to COMING SOON: http://bit.ly/H2vZUn Subscribe to CLASSIC TRAILERS: http://bit.ly/1u43jDe Like us on FACEBOOK: http://goo.gl/dHs73 Follow us on TWITTER: http://bit.ly/1ghOWmt Desperately Seeking Susan Trailer - Directed by Susan Seidelman and starring Aidan Quinn, Mark Blum, Robert Joy, Will Patton, Peter Maloney.

Hope Floats
Did your husband cheat on you? Did you find out he cheated on you when he told you on a national talk show? Destroyed by the news, did you move back to your hometown? Yes? That is so freaky because that’s what Hope Floats is about! There is nothing like a sappy chick flick to really get you through the hard times and give you some perspective plus I hear women like this one, too. This flick is the perfect combination of preposterous and heartwarming. 

Heartburn
Are you ready to leave that cheating spouse and start fresh somewhere new? Have you changed your mind about that decision a bunch of times? Well, Heartburn’s for you! It’s based on Nora Ephron’s novel (and personal life!), stars Meryl Streep and Jack Nicholson and takes you along on a rollercoaster of a marriage. 

Trailer for Heartburn (1986) Director: Mike Nichols Cast: Meryl Streep, Jack Nicholson, Jeff Daniels, Maureen Stapleton, Stockard Channing Visit http://www.jack-nicholson.info for more info

Enough Said
Are you divorced and dipping your toe back into the dating pool? Are you relatively normal and understated? Yes? Then, this one’s for you. Enough Said is a sweet little film that feels real and just might make you feel less alone in the world. 

A divorced and single parent, Eva (Julia Louis Dreyfus) spends her days enjoying work as a masseuse but dreading her daughter's impending departure for college. She meets Albert (James Gandolfini) - a sweet, funny and like-minded man also facing an empty nest. As their romance quickly blossoms, Eva befriends Marianne (Catherine Keener), her new massage client.

City of God
Sure…you might be getting divorced but at least you aren’t living in a Brazilian favela run by drug lords and corrupt police. Seriously…you haven’t seen City of God? Stop whatever you are doing now and go watch it. It has absolutely nothing to do with divorce but I just didn’t want to make a movie list that had the words “best” and “movies” in it that didn’t have City of God on it.  Why are you still reading this….go watch it….you can thank me later.  

one of the best films ever made.

Respectfully,
James J. Sexton

Divorce All-Stars: Katy Perry & Russell Brand

I recently shared a post holding up Bruce Willis and Demi Moore as paradigms of mature divorce. Now I want to focus on a slightly—or very—different recently divorced couple, one you might not expect: Katy Perry and Russell Brand.

If you’re one of the uninitiated, Katy Perry is a pop singer-slash-pinup girl known for such classics as “I Kissed a Girl” and “Teenage Dream,” and Brand is a British comedian-slash-revolutionary who likes to piss off various members of the upper classes and book critics by publishing bad—but entertaining—books about Che Guevara.

In all, these two were married, I think, a total of about fourteen months. Not a great start, but hey, we all make mistakes. Anyway, once you get past the uber-quick marriage, there’s a lot to be said for how Brand and Perry handled the divorce once it was in progress. Much like the stars of divorce badassery Bruce and Demi, Perry and Brand kept things pretty much under wraps in terms of how they presented things to the public.

Russell Brand talks to Piers Morgan about his feelings for singer Katy Perry after their divorce. For more CNN videos, check out our YouTube channel at http://www.youtube.com/cnn Or visit our site at http://www.cnn.com/video/

I mean, Brand made some jokes—that’s his job, after all—but they were pretty mild, and he was ultimately as graceful as Russell Brand has ever been about anything. He wasn’t mean-spirited, just honest: “Marriage is an arse-ache,” was about the height of detail he gave when the media was rushing for the reasons for divorce. Well, sometimes, yes it is. Moving on.

Perry was totally silent on the matter, keeping mum even after a divorce-themed prank was pulled on her by a UK DJ on the air in the middle of her divorce—now that’s professionalism. The point is, the two haven’t said anything vindictive about each other, even when hounded, undoubtedly by the press, to do so. As a result, while people might snicker at the length of the marriage, and maybe the fact that Brand originally suggested a break by text message, overall they did pretty well. Regardless of behind-the-scenes feelings, Brand opted not to take the $20 million of Perry’s money that he was legally entitled to, and Perry even left Brand a little smiley face on their divorce papers.

When it comes to talking about your marriage, there’s a fine line between what’s professional and what isn’t, and Brand and Perry managed like pros. Brand got a laugh or two and moved on; Perry just moved on. And while I don’t condone poking public fun at your marriage or divorce—seems like a recipe for making either one more difficult—I always condone poking fun at yourself. Don’t forget that laughter is the best medicine.

 

Respectfully,
James J. Sexton

Why Naked & Afraid Is a Perfect Metaphor For Your Divorce

I managed to catch some of the last season of the Discovery Channel’s weirdly good idea Naked and Afraid, and it struck me while watching that it reminded me of the job I do every day; or more accurately, the job that my clients are doing that I am helping them do, ie. get divorced.

The concept of the show is pretty simple: two people, a man and a woman, are dropped off in a wilderness location, and they have to survive for 21 days. They don’t have any food or shelter, and—the big kicker—they are butt-naked. This is where we are with reality TV in 2015: butt-naked survivalism. But I digress.

One reason among many is that once I watched the show I decided it was a fantastic metaphor for divorce. Another reason is that if I insist the show is about divorce, when I’m watching it later I can call it “research.” So, here you go, friends—here are the reasons why Naked and Afraid is exactly like your divorce.

  • It’s a lot sexier for the people watching than it is for the people starring.
  • You’re sharing a bed with someone you barely know.
  • You find out who your partner REALLY is when you’re both under extreme stress and under a microscope.
  • Having your dirty laundry discussed by strangers is a lot like being naked.
  • People stop sharing. Like the lady who ate a whole coconut by herself and lied about it to her partner. …In my board room.
  • The ongoing task calls upon all your skills of endurance and emotional control.
  • At several points you wonder why you ever signed up for this. And then you remember what quitting would mean, so you keep going.
  • When you get to the finish line, you are rewarded with a huge sense of freedom—breathe it in.

Although, in divorce you get off relatively easy on some counts. For example, you don’t have to poop naked. In front of a stranger. On camera. You do get to shower during divorce proceedings, and you also are unlikely to have to eat bugs, I mean if your divorce lawyer is any good at all.

The lesson I take out of Naked and Afraid (as well as participating in many divorces) is that you have to prepare yourself. And then when you’re prepared, you have to prepare a bit more. I’m the master of preparedness. For divorce, that is; I would never last beyond the first episode of the show. In terms of divorce only, I am the McGuyver that’s going to rip through the wilderness and build you a shopping mall using only a toothpick and my bare hands. And that, my friends, is the cue that my hyperbolic metaphors have all run out.

Let me know if you’re watching the show! I want to hear your thoughts.

 

Respectfully,
James J. Sexton

Divorce All-Stars: Diandra Luker & Michael Douglas

Picture this:

It’s 1977…

Jimmy Carter has just been inaugurated…

A young couple is slow dancing on a crowded dance floor to Rod Stewart’s “Tonight’s the Night” (maybe that’s the song? I’m just taking a stab in the dark here)…

© 2008 WMG Tonight's The Night [Gonna Be Alright]

That couple? Michael Douglas and Diandra Luker. At a Jimmy Carter inauguration party. Seriously! That’s where Michael Douglas met first wife Diandra, the daughter of an Austrian diplomat. Celebrities really aren’t at all like us, are they?

The two were married six weeks later and Diandra stood by Michael’s side as his career took off. They reportedly separated sometime around 1995 and haggled over details until 2000, when the divorce was finally settled.

In recent reports, Michael has allegedly claimed the marriage went on for ten years too long. Perhaps he’s speaking about the emotional burden of ten years of strife, or perhaps it’s the $45 million payout he ended up having to fork over that’s really got him wanting to rewrite history.

Think They're Still Together? Teen Couple Movie Edition

We had so much fun in our last installment that I thought it’d be a treat to once again use the firm’s years of experience in the world of failed romance to offer our predictions on the Romeos and Juliets of our formative years; the people who really taught us how to love — teen movie couples! Grab your popcorn and let’s go for a walk down Romance Lane…

She’s All That – Laney & Zack

Still together? NO.
Zack and Laney came from two different worlds – a cool jock one and a loser art one. In true teen movie fashion, what started out as a bet led to true love. Zack was trying to prove to his friends he could turn any girl into prom queen and while Zack thought he was teaching Laney lessons about popularity, turns out Laney was teaching Zack about the real world the whole time. They got together in the end, but I don’t think it lasted. Zack doesn’t know which way is up, he’s a ship without a sail and eventually I think that got to Laney. That and the hacky sack. They probably made it through the summer but when it was time to head off to college Laney wisened up and kicked him to the curb.

Pretty In Pink – Andie & Blane

Blane Tells Andie He Loves Her.

Still together? NO.
Blane, major appliance, and Andie, poor person, were mismatched from the start. Blaine was ritzy and rich and Andi was poor and stricken with terminal Duckie disease, but they fell for each other against all odds, and against Steff’s wishes. Sure they showed a divided town that love knows no boundaries but they totally broke up like a week after prom. The thrill of their social subversion wore off pretty quick and they realized they had nothing to talk about. Andie was always going on about sewing and being destitute and Blane couldn’t focus on his Ferrari catalogs while she was yapping away. So, they broke up, Duckie came out and Steff murdered a prostitute.

Clueless – Cher & Josh

Clueless movie clips: http://j.mp/1L8aAwy BUY THE MOVIE: http://amzn.to/txdI1P Don't miss the HOTTEST NEW TRAILERS: http://bit.ly/1u2y6pr CLIP DESCRIPTION: Josh (Paul Rudd) asks Cher (Alicia Silverstone) how she feels about him and they share a kiss. FILM DESCRIPTION: Jane Austen might never have imagined that her 1816 novel Emma could be turned into a fresh and satirical look at ultra-rich teenagers in a Beverly Hills high school.

Still together? YES.
Would Cher and Josh break up? As if. (See what I did there?). After playing cupid to set up two of her teachers, Cher turned her attention to more trying charitable work by making over tragic fashion victim Tai. In the process Cher chipped through the veneer of her superficial personality, found herself and accidentally fell for her own grunge listening, save the whale protesting, college liberal stereotype of a step-brother. Woopsie.  Odds and social convention may have been stacked against them, but I think they made it. Cher grew up to be Elle Woods and probably joined her father and Josh in the family litigation business. Cher still has her ditzy side but Josh finds it endearing. And Josh’s veganism became less annoying, and more of a fad so Cher hopped on the soy wagon. They bicker and get on each other’s nerves, but there’s a solid foundation there.

Sixteen Candles – Sam & Jake

Still together? NO.
Sam and Jake got together after Sam’s whole family forgot her birthday and a lot of questionable, often racist things happened at a school dance and house party. Sam’s unrequited love was finally, um, requited thanks to Farmer Ted’s matchmaking skills. Sam and Jake shared a tender kiss over birthday cake and a million girls’ hearts exploded all at once. But did their love flourish? Maybe for the rest of Jake’s senior year, but after that, probably not. But what a year it was! Homecoming, winter formal, and prom were, I am sure, wonderful experiences. Then Jake split town for college and Sam basked in the warm glow of her hard earned popularity for another two years of high school.

Empire Records – Corey & AJ

I DO NOT OWN THE RIGHTS TO THIS MOVIE.

Still together? NO.
It was hard for Corey to realize she wasn’t in love with Rex Manning and that she was in fact in love with sensitive artist AJ, but she got there in the end. And really, what better way to bounce back from total humiliation at the hands of sexy Rexy than having AJ profess his love on a record store rooftop? But did it last? Nah. Corey and AJ moved to Boston where Corey obviously developed a cocaine problem to cope with Harvard stress. AJ dropped out of art school after one semester, hitchhiked to Portland and founded a radical yarn bombing collective. Corey suffered several nervous breakdowns but eventually became a doctor and on slow nights in the ICU she gazes off into the distance and thinks of AJ and what he’s up to. He graffiti knits on lampposts, Corey. He’s happy and thinks of her often.

10 Things I Hate About You – Kat & Patrick

How to get a girl stop being mad at you - A TRIBUTE TO HEATH LEDGER :(

Still together? YES.
Bianca Stratford could only date if her uptight, ornery sister Kat did. New kid Cameron wanted to date Bianca. What’s a teen to do? Scheme of course. Cameron paid rough and tumble bad boy Patrick to woo impossible Kat, and wouldn’t you know it, it worked and along the way Patrick fell for Kat. Did they make it though? Yes. Kat and Patrick moved to New York after graduation and continued to have an on-again/off-again relationship for the rest of their lives. There are probably kids in the mix now that are raised on a steady diet of riot grrrl and unpasteurized milk. Begrudgingly they left the lower east side to move upstate to Rosendale or somewhere so Patrick could have more room to sculpt and Kat could have a proper writing room for her poetry. No one knows how the bills get paid but they do. Every six months or so there’s a big bust up and Patrick leaves for a few weeks, but he always comes back and the cycle begins anew.

Can’t Hardly Wait – Amanda & Preston

Can't Hardly Wait movie clips: http://j.mp/1JanwQl BUY THE MOVIE: http://j.mp/SVBTvy Don't miss the HOTTEST NEW TRAILERS: http://bit.ly/1u2y6pr CLIP DESCRIPTION: At long last, Preston (Ethan Embry) fulfills his destiny and makes a move on Amanda (Jennifer Love Hewitt).

Still together? YES.
Preston loved Aman-DUH from afar for years. Finally, finally, finally he had the guts to tell her, in a letter, at movie history’s most wonderful and unrealistic high school party. The movie’s end credits told us “they are still together,” and while I find that a little questionable, who am I to argue with stone cold credits facts? They totally had a Barry Manilow cover band play at their wedding.

Drive Me Crazy – Nicole & Chase

Still together? NO.
Nicole and Chase were good friends until puberty and the cutthroat world of social climbing hit the scene. But one fateful day before the centennial dance, Nicole and Chase joined forces to trick two other students into loving them. It worked, but Nicole and Chase fell for each other during the process. Then their parents announced they were in love and moving in together. That’s odd to say the least. Girlfriend and boyfriend is hard enough, but add brother and sister on top of that, and it’s really hard to make a relationship work. They both went off to college and grew up and now make awkward eye contact over the Thanksgiving table.

Never Been Kissed – Josie & Sam

Still together? YES.
Sure Josie and Sam’s relationship was forged on a lie where the false circumstances actually made the burgeoning relationship really, really wrong. But Josie fessed up and explained she wasn’t in fact a high school senior, she was an adult woman reporter undercover, and their illegal and frankly very gross flirtation was actually totally cool. It’s hard to get past the original circumstances though isn’t it? He was a teacher; she was a high school student. It was totally and completely inappropriate no matter how ~mature~ and smart and interesting Josie was. Sam is the real grossie in this story, huh? Anywho, are they still together? Yeah. Once you get past the yuck, bleh, and ew beginning and they’re both legal adults, they are really sweet together and I think they made it.

Respectfully,

James J. Sexton

Divisible With Liberty & Justice For Both

What a great time to be an American! After last week’s historic Supreme Court rulings, there’s so much to celebrate, including not having to pretend you’re Canadian while on vacation in Europe! And while the Fourth is traditionally full of flag waving, hot dogs and fireworks, I like to think in addition to being psyched to be a free American, it can also be a time to reflect on hard fought personal freedoms — you know, the divorced kind! Divorce often doesn’t come cheap, but the independence gained can be priceless.

Divorce is not just the dissolution of an old contract, it’s also the time when you and your ex sign a new contract buying your freedom and independence back from each other. The two of you are basically the Jefferson and Franklin to your marriage’s King George, cutting ties and forging ahead into the great unknown. As Gerald F. Lieberman aptly said, “Divorce is a declaration of independence with only two signers.” Try to agree beforehand who is Jefferson and who is Franklin, it makes for an easier signing process (may I recommend whichever one of you has the better hair be Jefferson).

Don’t get me wrong, embarking on this new freedom can be scary, as it is the unknown. But just like that stuffy room full of men in pantaloons, you must charge ahead, throw caution to the wind and grab hold of your future.

Pen in hand, you might feel like a baby bird, tiny and terrified to leave the safe comfort of the devil you know (not that your soon to be former spouse is the devil, but you know what I’m trying to say). It’s ok, baby bird, harness the bravery of our forefathers within yourself. Set pen to paper and embolden yourself by humming in your head, or ideally, playing out loud George Michael’s “Freedom ‘90.”

George Michael's official music video for 'Freedom! '90'. Click to listen to George Michael on Spotify: http://smarturl.it/GeorgeMichaelSpotify?IQid=GMFree As featured on George Michael: Twenty Five.

Squiggle out your signature and say “Hello future! It’s great to see you! I look forward to the freedoms I will enjoy though I know it might be a hard road! But at least I’ve got air conditioning, gps and modern medicine, so already I’m sort of ahead of those forefathers and it worked out pretty ok for them!”

Unlike all those rom-coms that ingrain the belief that you need another person to complete you (Jerry Maguire even went so far as to make “you complete me” a catch phrase – UGH.) you’re going to do just fine on your own. You’re strong and capable and life is too short to while away in an unhappy marriage. A bunch of dudes got together and decided they wanted to be free, and to do so they had to declare war against a king. War! A king! That’s no small potatoes. All you have to do is call up a qualified lawyer such as myself. So let’s get going and let’s let freedom ring.

Happy Fourth, folks!

Respectfully,
James J. Sexton

Think They're Still Together? TV Sitcoms Edition

Did you watch so much TV as a kid that sometimes you can’t remember which are your own memories and which belong to Greg Brady? No? Just me? Fair enough. After decades of inviting TV families into my living room, I’m really invested in their everlasting happiness. Sure they’re fictional, but their stories don’t have to end after a series finale. Not when you play my favorite game: hey, think they’re still together?

After facilitating the demise of unhappy marriages for over a decade, we at the firm have developed an eye for spotting which couples are solid and which are likely to end up in our office. Call it a blessing or call it a curse, just please don’t call to invite us to your next party only to make predictions about your neighbors. This game can get ugly when played in real life so let’s just stick to the tube, shall we?

The Nanny – Fran and Max

Still together? NO

When last we saw the Sheffields, they were moving to California with their newborn twins and Grace. Were they destined for that Bower-Micelli brand of marital bliss? They sure started out in a similar setup, but no. Things were fine in California for a while, but then Max’s sitcom got canceled. The economy tanked and Max struggled to make a mark on the LA theatre scene. Deep down, Fran still held a grudge over that first time Max said he loved her then took it back and would bring it up during fights over money. Then tragedy struck — Loehmann’s closed. Fran fell into a catatonic state, the house got foreclosed on and Max split back to England leaving Grace to care for Fran and the twins. Every so often you can catch Grace wheeling Fran around a Nordstrom Rack in the Valley and if you listen carefully you can here Fran muttering “It’s not the same…” over and over.

Who’s the Boss – Tony and Angela

Still together? YES

We never got to see Angela and Tony get married, but I think we can all agree they did. Angela was a modern woman, leaning in from day one, and perhaps would have been happier with a long lasting partnership never officially recognized by the government. But Tony was a different story. His strong Italian Catholic roots likely had him insisting on marriage. Angela probably made some wry quip about how they’d been living in sin for eight years so what’s the difference? Tony probably called her Ang and explained how much it meant to him. Angela probably said oh, alright and they hugged while music swelled and the scene faded to black. I’m sure the wedding was at the house. Jonathan was best man. Sam was maid of honor. Mona officiated. It was beautiful! Oh yeah, I guess Billy was there too. But did they last? Yes. Their love developed over time. They started as friends first. They figured out how to live together and how to raise their kids together before romance ever entered the picture. They worked hard at balancing out a power struggle in a unique situation (A man! As a housekeeper! A man!!). So yes, the Bower-Micellis are most likely happily retired in Connecticut right now.

The Cosby Show – Sondra and Elvin

Still together? YES

We’ll just leave the Bill Cosby controversy over there on the other side of the room while we talk about the only Cosby Show relationship that really mattered: Sondra and Elvin. Mismatched from the start, right? How did they even get together? Sondra was driven, responsible and no nonsense. Then Elvin came into her life. You remember Elvin? The misogynist who talked Sondra into dropping out of law school to open a wilderness store because their camping honeymoon was so fun? Yeah, why not throw away everything you worked for on a whim? A wilderness whim! Later on they had twins and got their heads back on straight and both went back to school. But did they last? Yes. Why? Because they had busy careers, outsourced their childcare and never saw each other. It was easier to stay married than get divorced and they got to live their lives happily and separately.

Mad About You – Paul and Jamie

Still together? NO

In the finale set years in the future, the Buchmans were separated. Love’s rekindled at daughter Mabel’s film screening and we’re told they lived happily ever after. But did they? Paul left Jamie for being “unkind.” I don’t think you can ever truly come back from that, spark or no spark. That’s a shot right to the gut not a lot of people could move past. I’m sure they tried to make it work for a while but ultimately there too much pain and resentment there.

Family Matters – Harriette and Carl

Still together? NO

The odds were really stacked against the Winslows. Both had stressful careers, Carl an overworked Chicago police officer and Harriette, once an elevator operator, then head of security, then head of sales. They had a full house — three kids, a widowed sister, a nephew, a mother and later on an orphan named 3J. How could any marriage survive with that many people around? Then there was Urkel who was always barging in, practically destroying the house with his bungled inventions, and endlessly annoying everyone he, or his alter ego came in contact with. Urkel’s constant presence in the Winslow home could not have been healthy for the marriage. Taxing jobs, an overflowing house, and the world’s worst neighbor: a recipe for marriage disaster.

Boy Meets World – Cory and Topanga

Still together? YES

Do we even need to talk about this? Yes, they stayed together. Duh. Next!

 

Family Ties – Elyse and Steven

Still together? YES

What a kooky liberal pair. They made it through the Reagan eighties intact so they’d be able to make it through anything. And with Alex off on Wall Street, Mallory married off to Nick, Jennifer well on her way to Oberlin and Andy fading away into thin air as he was a figment of everyone’s imagination (a real child cannot age five years in the span of one season, clearly he was an apparition all along), Elyse and Steven had the time and space to recommit to each other. Boy did their love flourish in those Clinton years.

Saved By The Bell – Kelly and Zack

Still together? NO

What a fairytale! High school sweethearts turned college newlyweds! What could go wrong? Everything! Zack kept scheming his way through life, and while the entrepreneur lifestyle was fun for a while it ended in trademark infringement and a brush with securities fraud. While Zack avoided jail time, he did lose the house and both cars. Then to top it off, drunk one night, Zack confessed he had the ability to freeze time, a secret he’d been keeping for his whole life. Kelly was furious. They were supposed to be partners! They were supposed to tell each other everything! She packed up the kids and headed to the Midwest hoping to find a good wholesome man with a stable job, a strong work ethic, no magical powers and a reasonably sized cell phone.

The Office – Dawn and Tim

Still together? YES

Arguing which version of The Office is better is a debate for another day, but it’s pretty clear Dawn and Tim lived happily ever after. Another slow building relationship, Dawn and Tim were friends first. They bonded over miserable jobs and everyone knows misery brings people together more effectively than anything good can. Maybe they settled in Slough or maybe they made their way to a better city to live out their dreams. Who knows, but I’m sure wherever they went, they went together.

 

Respectfully,
James J. Sexton

 

Same-Sex Divorce in New York State

Just like Nirvana and Nine Inch Nails, I was into LGBT law WAY before it was cool. When the firm opened our doors in 2002 we were among the first in New York to seek out LGBT clients and to help educate the public regarding the myriad of complexities facing same-sex couples seeking to dissolve their relationships. We held poorly advertised, yet packed seminars on “Gay and Lesbian Legal Issues” at an Episcopal church. We handed out purple balloons with the firm’s logo at the first Rockland Pride event in Nyack, New York.

Back then, when a same-sex couple was dissolving their relationship the Courts weren’t sure what to do. Some Judges applied simple property theory (“Whose name is the house in? Okay…it’s his house.”) Some Judges applied strict contract principles (“Who provided the funds for the house? Was there a written agreement? Okay…it’s her house.”)

Some avant garde Judges applied the Business Corporation Law and tried to treat the failed relationship like a two partners splitting up a business (“Who paid for the house? Who fixed up the house and kept it maintained Who tended to the rose garden? Okay…they’re splitting it 50/50″). Some Judges just scratched their heads and wistfully pondered the prospect of retirement and the promise of yelling at children who dare step on their lawns.

I remember arguing a custody case for a transgender client who didn’t want to face an impossible choice: lose your children or lose your authentic self. I had to explain the difference between a transsexual and transgender to literally every individual working on the case (the Court Officers, the Court reporter, the Judge, the attorney appointed to the children) and I didn’t have Caitlyn Jenner to help explain.

We were into LGBT law back when it wasn’t even a thing to be into. Now there are whole firms that focus, and advertise primarily to that market. Oh, the times… they are a’ changin’. I remember speaking at the “Lavender Law” conference at Fordham Law School back in 2005 on a panel regarding mediation and alternate dispute resolution for same-sex couples. I warned those in attendance of what a “roll of the dice” taking a same-sex case to court was in the then- current cultural climate. I ended my presentation on a hopeful note. I told the attendees that same-sex marriage was coming. In our lifetime. It was inevitable.

There have been many recent victories for same-sex marriage, with the institution now recognized as legal in 36 states (although there is plenty of variation on how it works, and some states have flip-flopped on the legality over the years).

Seventy percent of Americans now live in a place where they can legally be married to someone of the same sex, a fantastic step towards equality. Here in New York, same-sex marriage is legal, which means same-sex partnerships should enjoy all the rights and privileges heterosexual couples do, including the right to divorce if need be.

Same-sex divorce is certainly less talked about in the media, because who wants to be the Debbie Downer at the party? Hooray, what a great day for America! By the way, after all that joy and celebrating and the vows and the big party and gifts and everything, don’t forget, divorce is also now part of your equality, if and when things go south! Less celebratory, sure, but it certainly
doesn’t make sense for same-sex couples to be trapped
in unhappy marriages.

Divorce as an Equal Rights Issue
Marriage and divorce laws vary state by state of course, but basically they’re pretty similar for hetero couples. This means if you get married in New Hampshire, move to Washington state, and settle down in Arizona and want to get divorced there, your rights as a married couple were essentially identical throughout that whole journey, as one would hope.

But same-sex partnerships face uncertainty because same-sex marriage is still legally very new. Because it is recognized differently in different states, how to get divorced where you currently live —or in a state where it was legal but now isn’t—can be a problem. How can people divorce if they’re not recognized as married? If you can’t easily obtain a divorce, how do you move on with your life? Particularly if it’s not an amicable split, how do you enforce the equitable division of assets and deal with custody arrangements?

Going even further, how can the length of a relationship be defined in places where same-sex couples were waiting for marriage to be legalized in their state? On principle it seems that time should be counted when determining equitable division of assets based on the time spent in a marital relationship—even if it wasn’t legal marriage.

Divorcing for Nontraditional or Same-Sex Couples
As states are still get their footing and new laws are enacted, in all likelihood you’re going to have more red tape and hurdles than heterosexual couples have. Thankfully, rockstars like Susan Sommer are making huge inroads. She championed legalizing divorces of same-sex couples who had been married in other states where same-sex marriage wasn’t previously legal. Until there are dozens of Susan Sommers around the country paving the way for streamlined same-sex divorce laws, it’s important you be prepared for what might be more complicated proceedings compared to your heterosexual divorcing counterparts.

The climate is changing – as highlighted in this year’s NYC Pride theme: Complete the Dream – and in fact just last week the Texas Supreme Court upheld a same-sex divorce despite the fact that the state does not (yet!) recognize same-sex marriage. A day will come when it sounds strange for a lawyer to make a distinction between “gay divorce” and “heterosexual divorce.” Our children’s children won’t remember a time when two men or two women in a marriage was relevant to anything other than what pronouns you used in your arguments.

Until then it’s a good move to trust your case to a firm like mine, that has handled a large number of same-sex dissolutions and divorces. A firm that was “into” LGBT legal issues before it was cool.

Happy Pride Week!

 

Respectfully,

James J. Sexton

About the Disney Princess Divorce Open Letters

Dear Friends,

For those of you who faithfully read the Disney Princess Open Letters, thank you, and I hope that you were mildly entertained. I think it’s important to stress that my purpose in writing them was not to demonize any of the Disney Princesses per se, but rather to use them as really interesting case studies for understanding how divorces can get ugly, and what you can do to stop that happening, or at least limit it. It helps that the Disney franchise is more or less built on shaky marriages, but that’s another story for another time.

I also wanted to draw attention to some of the common issues that normal, non-animated people face as they prepare for a divorce: what to pay attention to, what to look out for, how to get your ducks in a row so you don’t get screwed.

I admit I also enjoyed thinking up what life would be like if the Disney princesses had “real” marriages, or ones that could have realistically resulted from what the movies depict. It just makes them more likable somehow.

Those of you who read will have noticed that I took some liberties with the princesses and their “happily ever after” lives. For those people to whom it’s important that the princesses and their princes stay happy forever and ever, I hope I haven’t offended you with my interpretation. I also hope you remember me when you decide it’s time to file for divorce because your own Prince Charming is buggering the scullery maid. Just kidding. That’s isn’t going to happen to you.

Also, don’t forget all the ones I didn’t write to; in large part, the princesses who didn’t appear are the ones I think might have figured out how to make it all work. Pocahontas? She didn’t get married in her movie, but I’m betting she’s marriage material. Mulan? She’ll find a nice man or woman to be with and live realistically ever after. There’s even hope for those Frozen kids. (Hey, I have kids, I know my Disney movies.)

For legal reasons, I need to point out that the Open Letters are not in any way affiliated with Disney, or Disney World, or even Pixar. I am strictly my own man on this front. A man who likes writing to Disney princesses.

In a way, it’s bad for my profession that the Disney empire is gradually learning to set a better example for kids about marriage maybe NOT being the ultimate goal of life. In another generation or so, I’m guessing the legal profession will take a bit of hit as kids stop internalizing the fairy tale idea that love conquers all, a gem that drives adult people through the first, sometimes second and even third marriages before it dawns on them that, no, actually, it doesn’t.

But thanks for keeping me in suspenders, Disney—for now.

I should also note that while I haven’t yet counseled any actual princesses, I have represented and counseled a lot of people who had essentially identical problems, minus the talking mice. If you found a smidgen of relatability in anything I’ve said and you want to find out what your options are, I’m available for that.

And if you think I went a little hard on Ariel, don’t be intimidated. She did get her divorce in the end, and while she didn’t walk away minted, she did get to keep all her thingamabobs.

Respectfully,
James J Sexton

An Open Letter to Princess Jasmine: Don't Get Taken for a Magic Carpet Ride

Dear Princess Jasmine,

I’m a little more pleased than I like to admit that I’m becoming the divorce attorney of choice for the Disney princesses. I’m glad that Cinderella referred you, that you’re happy enough to allow me to share your situation with the public, and most of all, that you’re leaving the ranks of the Real Housewives of Disney for something more fulfilling. My congratulations to you on that, and let’s begin.

Intelligently—and this doesn’t surprise me, Princess Jasmine—you arranged for a prenuptial agreement before your marriage to Aladdin. Thank you for including a copy of said prenup, which, as you informed me, does indeed ensures that in the event of divorce you will of course keep everything that you had before you married Aladdin, regardless of how those assets may have been shared during the marriage. That means no problem keeping the palace, your pet tiger, and your various royal riches. Ace. Your prenup also stipulates that as long as the sum of your assets are substantially greater than Aladdin’s, upon your divorce he’ll be provided with a monthly allowance, so that he isn’t forced to go back to the streets, begging and stealing. All very generous.

However, you came to me with a problem that you didn’t foresee at the time you wrote the prenup, and that’s what I’m really here to advise on. The problem is that Aladdin’s assets now might actually exceed yours—and by his “assets,” I’m referring now to the income from Aladdin’sillegitimate business, which, contrary to what you expected to happen, has grown exponentially since you dragged him out of poverty. Over the years, Aladdin has used his improved financial situation along with his natural talent as a con man to rise through the ranks of Agrabah organized crime. He is now an extremely powerful, and extremely well-paid, professional criminal. Tax-free. And now he wants to cash in on the spousal support from you as if he has no other income. Not with me as your lawyer.

This is how what we’re going to prove what Aladdin’s actual earnings are, rather than relying on tax records to tell the whole story.

Lesson 1: Show that the numbers don’t add up.

First, all the bills—mortgage, car payments, bank statements, credit card bills and what have you—need to be examined, and subpoenaed where necessary.

Once we have all this, we can probably show fairly easily that what Aladdin was spending, and what you were giving him from the palace accounts, don’t match up—essentially, that if Aladdin’s expenses were 10,000 gold coins per month and his royal allowance was only 6,000 gold coins, then he had another 4,000 gold coins coming in from somewhere.

Lesson 2: Find out what he’s hiding from you.

Considering Aladdin’s history of conning people. That in mind, I’m sure he’s been conning you, too, Jasmine—if there’s one thing I’ve learned in this business, it’s that Disney princes never change. (It’s true; very little character development for men in Disney films.) Once a con man, always a con man, so it’s time to uncover his hidden treasures.

(I’m not talking about what Aladdin’s really been doing when he locks himself in the bathroom and says he’s “rubbing the lamp”—I’m talking about his hidden assets.)

We can subpoena bank statements in Aladdin’s name that might contain money he’s not reporting, and that you might not know about. We can also do a public records check to find out about any reported assets he hasn’t told you about, as well as any that pop up in the names of his friends, like the Genie. This is how we figure out where and how Aladdin has been siphoning off the palace fortune to purchase assets (which technically belong to you or both of you). You might be about to win treasure you never knew you had, Jasmine.

If you can enlist mutual friends to help with the search, you might consider it. Abu has been at Aladdin’s side for years, vastly unappreciated too, and he knows where the bodies are buried—I would start there.

Lesson 3: Argue for Aladdin’s earning capacity.

Even though your “diamond in the rough” turned out to be a con man in the truest sense, there’s a potential silver lining in that you might be able to use Aladdin’s con artist skills—his charisma, selling ability, his political charm—as reasons why he is extremely employable and is not and should not be, as he claims he is, entirely dependent on your wealth in the event of your divorce. At this point, we’re not arguing for his financial or property assets; we’re really discussing his skills as assets in themselves.

The Genie, oddly enough, is also a sort of asset for Aladdin; we might be able to argue this. While technically not Aladdin’s property nor indebted to him any longer, the Genie remains a powerful being who can make things happen for Aladdin (and, from the sounds of it, frequently does). Your husband is a man whose best friend has the ability to turn paupers into princes—does he really need monthly support payments from his ex-wife? Let’s discuss.

The great thing about your situation, Jasmine, is that you thought ahead, and you’re not going to get as screwed in this divorce as most of the Disney princesses will, because you got a prenup.

I hold you up as a shining example for married people everywhere, especially women; it’s not for nothing that you were named 5th Most Feminist Disney Princess by Nerve Magazine (a high honor if there ever was one).

No genies or wishes required, Princess Jasmine, just a prenup and a good lawyer. And I won’t even make a dirty joke about your Cave of Wonders.

Respectfully,

James J Sexton

An Open Letter to Ariel: You're Going to Lose the Divorce

Dear Ariel,

Many thanks for writing to me, adding to my growing knowledge of the inner lives of the “happily ever after” folk, and giving me a chance to comment on your situation. First let me say that while I appreciate your desire to “get in on this open letter thing,” and I’m happy to provide advice on your imminent divorce, I fear you may not be happy about what I’m going to say. Still, yours is a situation that will potentially be informative for others, so here goes.

As you wrote in your letter, after two decades of marriage to Prince Eric, you’ve decided you want to divorce him. However, the facts of your life together may make it difficult for you to get what you feel you deserve, in terms of division of marital assets. You say you’d like to keep half of everything, based on the fact that you gave up your fins and your livelihood as a sea princess to be a wife to Prince Eric.

Personally, I think it’s fairly obvious that you are not going to get what you’re aiming for, for a number of reasons I’ll explain now. It should be noted that, of the reasons below, alone none of them would necessarily bar you from getting something—but taken together, they present a fairly hopeless case. (Ie. These are some pretty big mistakes; readers, take note.)

Lesson 1. The prenup should be updated and/or include an elevation clause.

You have a habit of signing your life away, Ariel, and this is what it appears you did in your prenuptial agreement. After going over the copy of your prenuptial agreement that you faxed, I can see that it does not allow for you to receive half of the marital assets, as you’ve said you want, but rather allots to you a monthly stipend (roughly equal to what you currently spend on self-tanning and pedicures). In the case of infidelity, says the prenup, you get nothing.

It would have made sense for you and Prince Eric to update the prenuptial agreement at some point in the last two decades to reflect your spending and lifestyle as these increased over the course of your marriage. It also would have benefited you to have built a percentage increase in your allowance based on the number of years spent together (known as an elevation clause) into the contract. However, you did neither of these things, so in the event of divorce you’ll theoretically be back to the monthly allowance that made sense when you were sixteen.

Lesson 2. Know what’s going on with your house finances.

Ariel, you said in your letter that you don’t deal with any of the financial matters. You know next to nothing about monthly bills and outgoings, accounts held jointly with Prince Eric, or the state of joint assets. (You did mention you keep a very detailed catalogue of your “treasure trove” of secondhand forks and spoons—unfortunately I feel this will be of little value in the divorce.) While I can help you to get hold of some of the relevant information, you’ll be in a disadvantaged position.

I’m guessing it’s rather difficult to feel empowered in a clamshell bra, but as a modern human, Ariel, you should make a point of understanding your finances. As it is now, you don’t have a leg to stand on, so to speak, when it comes to arguing for more money.

For the same reason, you should be aware of what mutual assets are in your name, if any, and if not, you should start putting things in your name—cars, summer house, what have you. Then you would be able to argue for at least these things, irrespective of the prenup.

Lesson 3: Don’t cheat.

Now we’re down to the most difficult issue of all, and the one I was indeed most surprised to see you bring up in your letter, especially one you knew would get a public response: your infidelity.

The long and short of it is that, suffering from a feeling that the “seaweed is always greener” as you put it, you’ve found it difficult to save your upgraded lady parts for Prince Eric alone. In the early years of your marriage this wasn’t such an issue—you had gadgets and gizmos aplenty, you say—eventually, you wanted more.

While you haven’t yet been caught, Ariel, you’re right to be worried that somehow it will come out—and the longer it goes on, the more you raise that risk. As for how that affects the prenup, there will be very little room to argue for a cent if there is any evidence of you cheating. Not only are you not going to get the optimistic half of everything that you want, you’re not going to get anything at all.

My advice to you, Ariel is this: Stay married, or else be ready to leave with nothing.

This isn’t advice I give often, but in your case, you have committed the golden trinity of mistakes: bad prenup, no financial involvement, and infidelity. In a phrase: You lose.

I feel for you, don’t get more wrong. The Disney franchise compelled you to get married at the age of 16, as they do. This isn’t just an epidemic of Disney princesses: getting married too young is a mistake you share with thousands. So is giving up your entire life and livelihood for another person—again, a mistake made by many people who come into my offices, usually female people.

The problem with making big commitments, like marriage, at a young age is that you believe the future will take care of itself, when in fact, it often doesn’t. That’s why, in my opinion, marriages between people over 28 are at least 3 times as likely not to end in divorce: you get to a certain point where you realize planning is important.

That’s not to say you can’t divorce Prince Eric; you can still divorce him, certainly. But you are likely to leave the marriage with, at best, a stipend, and that means a change of lifestyle.

Thank you again for the opportunity to use the hard-earned lessons of your fairytale marriage – and fairytale divorce – to educate the masses.

Respectfully,

James J. Sexton

An Open Letter to Snow White: Alimony, Custody, and Child Support for the Dwarves

Dear Snow White,

Thank you for reaching out to me.

I expect you got wind of my recent open letter to Cinderella, and that’s why you got in touch. While I was sorry to hear about your marital troubles, I’m simultaneously honored to be of service to the original Disney princess (and the star of the first ever animated feature film), and of course I’m happy to assist you.

(Also, many thanks for allowing me to do so in this public form of address. As you so aptly pointed out in your letter, perhaps indeed there’s something in it that can be of use to others in a similar situation.)

This is my understanding of the situation, Snow White: you are a cheerful, nurturing, positive woman whose extreme naivete has essentially led you down the garden path with a partner who was perhaps never set up for the domestic life you love. Beyond this, you’re in an even more precarious position because you have a family of little ones to consider, that is, the dwarves.

The dwarves are central here. It seems many have misunderstood your relationship with the dwarves, seeing you as a bit of a house-wench when in fact you have been for all intents and purposes their mother figure. You say this remained through the first years of your marriage to the man we’ll simply refer to as The Prince, that in fact early in your marriage he was not only an excellent father to the dwarves, no easy task when some of them were twice his age, he even legally adopted them as his own children.

However, as your marriage deteriorated, so apparently did The Prince’s investment in your family, and now you feel you would all be better off to return to the way things were before you awoke from that fated coma to find The Prince attached to your face. In other words, you want a divorce.

Now you need to ensure that if you get this divorce, you’ll have the resources to continue looking after the dwarves, and to do so as the primary caregiver.

Here is my advice to you, Snow White.

Lesson 1: Be certain you’re the more capable parent.

When it comes to getting custody, the primary concern of the court is going to be the best interest of the child. In short, which parent is the better parent? Your first job is to make sure that you are, in fact, the better parent.

Now, Snow White, I can see with you that this is certainly the case. Your recounting of the recent occurrence of The Prince coming home drunk after two many tankards of mead and challenging Grumpy to a duel for allegedly staining his tights, which ended in fisticuffs—well, I took your hint that this wasn’t the first time, and surely won’t be the last. This alone suggests that it’s you, rather than The Prince, who is more suited to look after the dwarves.

So too does your assertion that the care of the dwarves, in particular Dopey with his special needs, fell almost entirely to you. The truth is, YOU were the one who got up every morning and sang the dwarves awake. YOU were the one who packed their lunches for work, did their laundry, and cleaned up after them as well as after The Prince. You waited and waited for your prince to come, and when he arrived, he turned out to be less of a rescuer than he was an addition to your daily chores; you have had the equivalent of seven children (or seven husbands), a position few would envy.

Since you’ve been doing all the heavy lifting, Snow White, you need to be ready to remind the court of that, over and over.

Lesson 2: Take note of your financial sacrifices.

It’s important to understand that, by taking on the majority of the domestic duties in your home, including caring for the dwarves and The Prince, you effectively sacrificed your prime earning years, decreasing your lifetime earning capacity in a way that is unlikely to be rectified. In short, you’re never going to get those years back, and as such you will have to get on the career ladder at a lower rung, later in life, if indeed you can get back on at all.

You will never be able to make the income that you would have made, had you not married The Prince. As you yourself pointed out, when you met The Prince you were well on your way to earning an online Master’s in Counseling, and only stopped your studies at his request that you “relax and focus on domestic duties” instead. Had you continued, at this point you would likely be financially independent. But because The Prince insisted you didn’t need a profession, you gave up your earning capacity.

As such, in your divorce you ought to be compensated for your sacrifice in the form of alimony, just as The Prince’s practical contribution to the dwarves’ welfare should be accounted for in the form of child support.

Lesson 3: Do good PR.

It has to be said, Snow White, that while your innocence and grace have made many fall in love with you, unfortunately these attributes have to take a back burner in the coming months. Indeed you have to develop just a pinch of the main thing you lack, that your wicked stepmother had in spades: that is chutzpah, Snow White, in common usage, which in reality usually simply means a willingness to stand up for your own interests.

As I see it, Snow White, you haven’t been so great at doing your own PR so far. Now it’s time to buckle down and stand up for your character, and you will probably have to do this by contrasting it, in court, to the deficiencies in your partner’s character. We’ve discussed the things you should highlight that you’ve done right. What about what he’s done wrong? It will feel a bit vulgar, but trust me, don’t be Bashful.

Consider the case of Shrek. He wasn’t the best father figure, as it turned out, and the messy divorce between him and Fiona was made so mostly by what came out about his parenting: everything from his lack of basic hygiene to his tendencies to disappear for days to the infamous driving around with a baby in his lap. As a result of the unpleasant coming out of these details, however, Fiona got custody of their children and rightly so.

It’s also worth mentioning the uncomfortable historical details around how The Prince “rescued” you from your coma, when you were fourteen and he was a ripe thirty-six. Allowed in fairytale times, this isn’t going to fly as normal in the New York courts. And while we’re on the subject, it’s also to be considered that The Prince, back on that day, effectively came across what would have appeared to be an attractive corpse in the woods—that being you—and started making out with it. This raises another red flag, this one more related to his mental health and perhaps odd sexual habits.

I’ll help you be at the ready with everything you feel can and should be used, Snow White, to show who The Prince really is.

Lesson 4: Be prepared to argue for limited visitation, if you so wish.

While I think you’ll have no problem getting custody based on the above, then the terms of that custody, for example, the rights of The Prince to visit the dwarves and continue to be a part of your lives, will be the next issue to resolve.

It’s my guess that The Prince is will argue for visitation rights. While he might not care about visiting Grumpy, but he will certainly, it sounds like to me, argue for the right to see Happy, Dopey, Bashful, etc., based on what you’ve said about their mostly pleasant relationship. And he is likely to get visitation, because he is a legal guardian of the dwarves at the time of your divorce.

Visitation can range from short, supervised visits to weekend-long visits with the non-custodial parent; to keep this on a tight rein, you’ll need to be prepared to argue against The Prince’s capacity as a parent. What you want to do is keep the visitation minimal and under your control—and you can potentially allow more, when and if it suits you.

Snow White, here is the bottom line, as I see it.

In terms of custody, you’re in a great position; you’re the better parent.

In terms of alimony, you’re also in a good position. So too for child support. With The Prince’s considerable financial assets, you can hit him hard.

Maybe that makes you feel guilty, but frankly, you’ve put up with more than your fair share of hardship. Just because you took a bite of the proverbial apple when you married the The Prince, doesn’t mean you should be punished indefinitely; there must be a statute of limitations on kissing someone out of a coma, and my sense is that your debt is well paid. At this point, you shouldn’t be left without adequate and deserved financial support for yourself and the dwarves.

I’m ready to get you what you deserve, and trust me, it’s a lot.

I urge you to be ready to combine your wholesome work ethic (that has doubtless been the first inspiration for what are now literally thousands of single mothers) with a dash of your stepmother’s poison … The big lesson here, Snow White? Don’t be afraid to let your chutzpah show.

Respectfully,

James J. Sexton

 

An Open Letter to Cinderella: How to Divorce Prince Charming

Dear Cinderella,

You might be surprised that I’m writing you this letter, considering that you are one of the world’s most prominent examples of a happy marriage. But, as a seasoned divorce attorney, I’ve learned to spot the ones whose marriages are on the way out—and frankly, Cinderella, I’ve seen that look in your eye.

You probably don’t want to admit it. You’re probably thinking, If I get a divorce from Prince Charming, will I be letting the world down? Will I be disillusioning thousands, nay millions of little girls whose dreams of finding fairy tale romance hinge on my prime example? Cinderella, we can only hope.

With this in mind, I’m going to advise you now as if you had wandered into my office, impractical shoes and all, asking “How do I divorce Prince Charming?”

Lesson One: Get a prenup.
I’m not going to sugar-coat this, Cinderella: You, like most ill-advised Disney princesses,
have been operating under the assumption that a Prince will make you happy. I’m guessing based on the fact that you were roughly sixteen when you got married, and your decision to marry was doubtless driven by a desire to escape a life of indentured servitude, you were probably more focused on racing to a life of bliss than on arranging a prenup.

Prince Charming has substantial assets, and this was probably part of the attraction. But,
as you’ll find out in the process of divorcing him, the Prince’s assets—his royal inheritance etc.—are “pre-marital assets” that you won’t have any claim to. Thus, like so many women, you were in a financially disadvantaged position at the start of the marriage, you assumed you shouldn’t ask for a prenup, and now you are at a financial disadvantage when you want to end the marriage.

This probably seems unfair, considering you’ve spent your life looking after Prince Charming and your royal children, smiling and waving when you’re supposed to, fulfilling your responsibilities, even indulging his sexual fantasies of having you dress up like a house wench and tickle his feet with your feather-duster—even with all that, now you’re left in a position where you probably can’t touch his royal monies. Such is New York law.

Lesson Two: Commingle your assets.
My advice to you is to get some of it for yourself by commingling your assets. In effect, commingling assets means mixing joint money, or your personal accounts (for example what you get from renting your father’s house to those wicked stepsisters of yours) with your husband’s inherited money. The idea is to make it difficult for Prince Charming’s lawyers to show clear separation of accounts in the court.

In short: open a joint bank account. Make big financial outlays (country house, jewels, angel investment in a Talking Mouse Circus) using mixed moneys. Avoid making big joint purchases from your husband’s inherited funds whenever possible, because you won’t have any claim to those in the divorce. And so on.

Contrary to the general belief among legendary damsels in distress, marrying royalty isn’t always all it’s cracked up to be. Without a prenup and without commingling your assets, frankly it doesn’t matter that you caught him in three different broom closets with three different scullery maids last year; his pre-marital assets are still likely to stay with him.

Cinderella, you understand the complications of the fairy tale marriage; you, more than anyone, know what it really means to live “happily ever after.” I urge you to take that knowledge, along with your glass slippers and your wits, to the bank.

Respectfully,
James J. Sexton

The United States of Divorce

For a change of pace, and to brighten up your Monday: Everything you never wanted to know about your nation’s relative inability to keep relationships going!

The Facts:

  1. There are 100 divorces every hour in the U.S.

  2. Slightly less than 50 percent of marriages in the United States end in divorce. This number is affected by outliers with multiple marriages, however.

  3. Like marriage, divorce in the United States is the province of state governments, and divorce laws vary from state to state.

  4. In the US, 41% of first marriages end in divorce, 60% of second marriages end in divorce, and 73 % of third marriages end in divorce.

  5. The average age for couples going through their first divorce is 30 years old.

  6. According to the 2011 United Nations’s Demographic Yearbook, the US had the sixth-highest divorce rate. Russia, Belarus, Ukraine, Moldova and the Cayman Islands had the top five spots in that order.

  7. 2008 voter data showed that states that tend to vote Republican have higher divorce rates than states that tend to vote Democrat.

  8. New York was the latest state to allow non-consensual no-fault divorce, in 2010.

  9. On average, it takes about a year to complete a divorce procedure in the US.

  10. A few high-profile court cases have involved children “divorcing” their parents; these are not actually divorces, but the legal emancipation of minors.

  11. In 2015, the Manhattan Supreme Court ruled that Ellanora Baidoo could serve her husband divorce papers through a Facebook message, and she became the first woman to legally serve her husband divorce papers via Facebook.

  12. As of 2011, for states with available data, the dissolution rates for same-sex couples are slightly lower on average than divorce rates of different-sex couples.

  13. Of marriages ending in divorce, the average length is 8 years.

  14. The average divorcee waits 4 years before remarrying, if they choose to remarry.

  15. Approximately 73% of people with parents still married make it to their 10th anniversary.

  16. 57% of people who grew up in homes where one or both parents were absent make it to their 10th anniversary.

  17. A third of all U.S. divorce filings in 2011 contained the word “Facebook.”

  18. According to U.S. statistics, if one partner smokes, a marriage is 75% more likely to end in divorce.

  19. Statistics have shown that approximately 75% of people who marry partners from an affair eventually divorce that person.

  20. People enduring more than a 45 minute commute are 40% more likely to divorce.

  21. Among the occupations with the lowest divorce rates are agricultural engineers, salespeople, nuclear engineers, optometrists, clergy, and podiatrists.

  22. Among the occupations with the highest divorce rates are dancers and choreographers, bartenders and massage therapists.

  23. Other occupations in the top 10 include casino workers, telephone operators, and nurses.

  24. The Air Force has the highest rate of divorce out of all the US military services.

  25. Women initiate about two-thirds of all divorces in the US.

  26. Among first marriages, 15% of men marry someone more than 6 years younger. On second marriages, this rises to 38%.

  27. Less than half of U.S. children younger than 18 are currently living in a home with two married heterosexual parents in their first marriage.

  28. The divorce of a friend or close relative may increase the chances that a couple will divorce.

  29. New York has the lowest share of currently married adult men in the USA.

  30. If you argue with your spouse about finances once a week, your marriage is 30 percent more likely to end in divorce than if you argue with your spouse about finances less frequently.

  31. Couples with no assets at the beginning of a three-year period are 70 percent more likely to divorce by the end of that period than couples with $10,000 in assets.

  32. If you have twins or triplets, your marriage is 17 percent more likely to end in divorce than if your children are not multiple births.

  33. If you’ve been diagnosed with cervical cancer, your likelihood of getting divorced is 40 percent higher than standard rates.

  34. Your likelihood of divorce is 20 percent higher if you’ve been diagnosed with testicular cancer.

  35. The only US President elected after a divorce was Ronald Reagan.

  36. Britney Spears and Jason Allen Alexander currently have the record for shortest US celebrity marriage, at 55 hours.

  37. Mel and Robyn Gibson’s divorce in 2009 is considered to be the largest celebrity divorce settlement, as Mel paid his ex $425 million.

  38. Among the most expensive celebrity divorces is Steven Spielberg’s settlement with Amy Irving ($100 million) and Michael Jordan’s settlement with Juanita Jordan ($168 million).

  39. In general, men tend to file for divorce in January over women at a ratio of about 2 to 1.

  40. The top 5 reasons for divorce include communication problems; infidelity or betrayal; financial problems; psychological, emotional, and physical abuse; and loss of interest.

  41. 79.6% of custodial mothers receive a support award, while only 29.6% of custodial fathers receive support.

  42. Among female respondents, those with a wedding bill higher than $20,000 divorced at 3.5 times the rate of those with a $5,000-$10,000 wedding bill.

  43. In recent studies it has been found that couple who meet online have a lower divorce rate and report higher levels of marital satisfaction.

  44. The use of Facebook and other social networking sites is linked to increased marital dissatisfaction and increased divorce rates.

  45. Among heavy social media users, 32 percent had thought about leaving their significant others, compared to 16 percent of non-social media users.

  46. Couples that use individual pronouns (“I” and “you”) more often are more likely to divorce than couples who use collective pronouns (“we” and “us”).

  47. Several studies have found that couples are more likely to fight after having a bad night’s sleep.

  48. According to a Brigham Young University study, couples reported lower marital satisfaction when one spouse’s gaming interfered with bedtime routines, with 75% of spouses of gamers desiring more marital input from their spouses.

  49. Interestingly, when both spouses gamed, a majority reported greater satisfaction in their relationships than the median.

  50. A 26-year longitudinal study found that when a husband reported having a close relationship with his wife’s parents, the couple’s risk of divorce decreased by 20 percent.

  51. Conversely, when a wife reported having a close relationship with her husband’s parents, the couple’s risk of divorce increased by 20 percent.

Are you sufficiently depressed yet? 

Respectfully,

James J. Sexton

 

'Til Conscious Uncoupling Do Us Part

Around this time last year, I tuned into celebrity gossip for a brief moment when I heard about Gwyneth Paltrow’s grave announcement that she and her husband were divorcing—or to put it more Gwyneth-ly, “consciously uncoupling.” She released a statement about this, along with an explanation of conscious uncoupling from a guru, on her website Goop. This was put alongside equally realistic Goop items, like her exploration of the healing powers of “moon juice” and “spirit truffles.” (Surely those aren’t included in the “food stamp challenge” she recently attempted. Hey, at least we're talking about it... But, I digress.)

By the end of the day I received phone calls and emails from, literally, dozens of my friends and family members asking if I had heard about this “new” way of divorcing. It was difficult to suppress the combination yawn/gag inspired by Ms. Paltrow’s missive.

I’ve devoted my life’s work to helping couples, eh, “uncouple,” so absolutely no judgment from me on that front. Divorces for everyone! You will get no complaints from me. Though I did have to raise an eyebrow at the statement “We have always conducted our relationship privately”; indeed, so privately that Goop.com got so much traffic after this was posted that it crashed! Well played, Gwyneth P.

April 17 2015 TWO.jpg

In all seriousness, I’m sure Gwyneth Paltrow is a perfectly likable person in real life, and probably even a regular human woman, rather than a floating ethereal aura. Her brand has done well, and maybe she really has brought happiness to many, through her outreach via expensive candles. And if renaming divorce makes us feel better, then so be it. (I should possibly add a “Conscious Uncoupling” section to my website.)

The idea of a ‘friendly divorce’ has been around for a long time. My firm gets a lot of press for our “take no prisoners” aggressive approach when the situation requires it - but we resolve countless divorces each year by simple discussions and friendly negotiations. I love a good fight (what can I say - it’s a side effect of being good at fighting) but I love a happy client more. That’s why I, and all good divorce lawyers, will always work hard to give you a divorce that looks more like a “conscious uncoupling” than a “War of the Roses”. We’ve been doing that for years. There’s nothing “new” about being friendly to someone you’re going to have to see at your children’s weddings someday. This is simply a new term for a very old concept (and GP didn’t come up with it - a therapist named Katherine Woodward Thomas did - a bunch of years earlier).

I feel I need to say, though, that one of the things I have learned in my particular line of work is that uncoupling is not generally done while anyone is unconscious. For legal reasons I think it’s important for everyone to understand this--you can’t divorce anyone who is unconscious so congratulations - You, too, have reached the G.P. level of sophistication we all previously thought was impossible.

Respectfully,

James J. Sexton

Get Divorced Like a Real Housewife

As I’m sure you already know, the seventh season of the masterpiece Real Housewives of New York (#RHONY to those in the know) premieres this evening on Bravo.

Perhaps it surprises you that this is one of my favorite shows. Hardly a guilty pleasure, I have watched Real Housewives for five glorious years of pinot-drinking, catfighting madness. It bespeaks my values with gems like “I was so mad I almost ran her down in my Ferrari” and “I fought too hard for this zip code to go home now.” Oh, and classic wisdom: “You work hard, you give a lot of love, and you end up at the White House.” Words to live by.

The Real Housewives have also done their part to keep my industry afloat, with a whopping 33% of the couples on the show getting divorced, and no end in sight. And they do it with style - if you think you’ve got divorce figured out, you don’t. The RHONY wives are the people you want to take notes from. Here’s how to get divorced like they do.*

  1. Leading up to your divorce, air your dirty laundry to anybody who will listen.

  2. Get plastic surgery as a coping mechanism.

  3. Get drunk, get loud, and storm out of a restaurant.

  4. Put on a lot of mascara and then cry on someone’s shirt.

  5. Go to a club.

  6. Go to the Hamptons to blow off steam. Throw something at someone there.

  7. Date someone old (with money).

  8. Date someone fat (with money).

  9. Date someone who doesn’t have money and then giggle about it over cocktails.

  10. After your divorce, write a book in which you air your dirty laundry to anybody who will read it.

  11. Go to a club.

  12. Develop adult-onset asthma so that people will pay attention to you.

  13. Be loudly and self-righteously offended AT ANYONE AT ANY TIME. It’s your right.

  14. Sue someone for a book they’re writing that makes allusions to your dirty laundry.

  15. Have a lot of “turtle time”.*

  16. Make up a catch phrase that doesn’t work, because you’re middle-aged.

  17. Tell people to “be cool.”

  18. Go to a club.

  19. Flirt inappropriately.

  20. Consider having another baby.

Right, time for me to break out the Kit Kats and SkinnyGirl Sweet’Rita, RHONY is waiting. Mazel tov.

Respectfully,

James J. Sexton