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Judith Wallerstein

Judith Wallerstein

Posted: December 16, 2010 03:22 AM

It takes two to tango, and it surely takes two to marry. But it takes only one to divorce. Few people know that it is rare for both parents to agree on whether to divorce. Only two couples of the hundreds that I have known over 25 years sat at the kitchen table and calmly admitted that the marriage was a mistake. "Thanks for the memory" is not in most scripts. Typically, in a marriage with children, one person wants out, and the other, realizing that there is no choice, goes along, often far more reluctantly than people know.

It's not surprising that the reluctant party to the divorce often feels very hurt. It can surely be among the most painful blows of life to be confronted with "I want a divorce" which you did not expect. People like to believe that both partners know when the marriage is in trouble. Not so. Time after time, one partner is content or still in love with the partner who wants out. The human heart plays many tricks. Even infidelity does not always mean that the marriage is unhappy, in a culture of business travel and lonely nights in strange hotels.

Beyond the hurt of the rejection and the humiliation, many people dread the loneliness, the reduced income, and the diminished opportunities for the children which they foresee, and the change. Any big change. I recall a long married husband who told me when his wife was planning a divorce: "If I lose her I would live in a world of silence." It is easy to underestimate the many emotional meanings of marriage and the far reaching impact of its loss.

The pain and sorrow of the unwanted divorce soon translates all too easily into battles over money, property, and custody. Hurt feelings and humiliation are often at the root of the angers that haunt the divorcing couple. Not always. Of course there can be many legitimate reasons. But the pain of the rejection often provides the fuel for court battles that judges dread, and for the custody battles that last seemingly forever and wipe out lifelong savings for both parents. But be advised the anger that judges deplore and so many disapprove, is emphatically not an aberration, but an expectable human response. Many of the most bitter litigations over children occur following divorce when one spouse did not really want custody of the children as much as he, or she, wanted the marriage to continue. And strange as it may seem, continuing to fight also continues the marriage. You can no longer fight about keeping the marriage. But you can fight forever, or as long as your money holds out, for custody of children.

But what makes anger last over years? Well, there is no more effective way for keeping away sadness and depression. " He was a selfish scoundrel," "she was a "controlling witch" work splendidly. The mantra is that he or she was not worth crying over or that, however unexpected, it was a blessing that he or she left. These may sometimes be true, in which case anger serves a double purpose. Anger may also be reinforced regularly by comparing the richer lifestyle, the greater luck, the happier marriage or whatever of the former partner. Or by any of the events of the post divorce years. Sometimes anger fades along with a new love or a welcome advance in career, or a serendipitous life change for the better. But you can't count on the years or happy new events to bring a different view. All of our experience says that won't happen. No fault divorce is a legal concept. But the human heart follows different laws. But you knew that.

For more guidance for divorced parents see:
Wallerstein, Judith and Blakeslee, Sandra. What About the Kids? Raising Your Children Before, During and After Divorce. 2003. Hyperion.

Wallerstein, Judith, Lewis, Julia, Blakeslee, Sandra . The Unexpected Legacy of Divorce. 2000. Hyperion.

 
 
 
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HUFFPOST SUPER USER
chucknchar
06:27 PM on 12/18/2010
No fault? Says who? There is fault! I was asked by friend of the court, "Who was primary caregiver?" Of course my stay at home wife was the answer they wanted, I should have said looking back, "I am", I worked 48 hrs a week to support them all and then come home every night and take care of my kids.
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HUFFPOST SUPER USER
WSAY
Res ipsa loquitur
06:58 PM on 12/17/2010
As an attorney, let me tell you the best way to get a divorce (in the order that is best):

1) If s/he is reasonable and cooperative, you be reasonable and cooperative.
2) If s/he is unreasonable and uncooperative, you be unreasonable and uncooperative.
3) If s/he is unreasonable and uncooperative, you be reasonable and cooperative.

The reason is this: If you can both cooperate reasonably, you will treat each other fairly and you with both get out cheap and under a reasonable settlement. If you are both uncooperative and unreasonable, you will fight tooth and nail for everything and it will all come out in the wash (although you will pay heavily for your lawyers.) If one of you is reasonable while the other is unreasonable (the most common scenario, in my opinion), the reasonable one will get screwed.

Finally, never, and I mean NEVER, negotiate out of guilt. That will go away one day and you will resent your former spouse for shafting you and you will be angry at yourself for allowing it to happen.
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HUFFPOST SUPER USER
Ocheco
09:51 PM on 12/16/2010
...Business travel & lonely nights seems to imply the traveler is the lonely one, but the one left home, may be both unfaithful & unhappy, while the traveler, still loves & is willing to forgive. Just trying to lance a wound here. I am the girlfriend, post divorce request, finally post disso too...too bad pysch ex was left in business with him!! Holy Moly! 150k (+ -) disso now contempt going on 50k. To ME it is as though he is still married to a freak who IS entitled to his entire future. Our law is in serious need of revision. She needs to go to jail for her...bankruptcy fraud, forgery, wiretapping & theft...let alone lies, false accusations, & adultery & they cannot even get into court!!!!! What a mess! All this $$$$$$ & zero justice.
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livefortruth
There is only ONE truth.
03:24 PM on 12/16/2010
Geez, all I wanted was the perfect spouse.

How hard can it be?
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hypnotoad72
Real democracy = living wages.
05:43 PM on 12/16/2010
There's no such thing as "perfect". it's also a myth that people MUST be 'best friends'. Any relationship worth its salt is going to be about the two people respecting each other. Since that has far more to do than having identical interests. (Most people I know of who've been married 30+ years don't share identical interests... except for one: Mutual, (emotionally) mature love for one another. They know the score. Somewhere along the line, many of Gen X and younger didn't figure it out or didn't get educated or used television to determine "social norms".)
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OC4Obama4Pres
06:06 PM on 12/16/2010
Damn near impossible.
03:10 PM on 12/16/2010
I'm a divorced and remarried 41 year old man. I've been reading articles and postings from HuffPo for a while now but I just made an account to respond to this article. It tore my insides out as I read it, so much of it sounds like me. My sons were 7 and 4 when I moved out of the house. It was more than a year before that when I realized that my marriage was in trouble and, one way or the other, I would not be able to put my kids to bed every night or see them every morning. We saw a counselor, and stopped. I caught her cheating. More counseling. Terrible depression and anxiety. And then finally the realization that it had to end. The problem was that I didn't have someone to get me through the end the right way. My ex is petite and cute and I'm not. I was scared to sue for custody and live under the same roof. I got what I thought was a decent deal and moved out. But I was wrong and realized it shortly thereafter. I didn't want the divorce because of the kids but then there were all the other painful aspects. I've since remarried and moved a little further away. I sued my ex and got a better custody arrangement but there is still pain and this article bought so much of it back.
02:48 AM on 12/18/2010
Maybe you shouldn't have thought of divorcing in the first place. Talk it out first. Mend back your marriage. But if it still doesn't work, then only talk together about divorce. People get married usually after long time of courtship, why break it so too easily. In the courtship, did you two really feel the love for each other? If yes, why tear it apart?
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Indie Mom
independent does not mean lonely
01:26 PM on 12/16/2010
You said this: "People like to believe that both partners know when the marriage is in trouble. Not so. Time after time, one partner is content or still in love with the partner who wants out. The human heart plays many tricks. Even infidelity does not always mean that the marriage is unhappy, in a culture of business travel and lonely nights in strange hotels."

Thank you for saying this. Shirley Glasser's 20 years of research on marriage and infidelity says exactly this. Her book is a must read for any engaged or married couple of any age or state of the relationship -- "NOT 'Just Friends'".
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HUFFPOST SUPER USER
WSAY
Res ipsa loquitur
07:02 PM on 12/17/2010
If "content" is all you want, I guess that is true. However, I have never mean anyone who was happy with "content." Think about that and you will understand why that is.
06:40 AM on 12/18/2010
I get what you mean, but the author and IndieMon are right : sometimes, a spouse really, absolutely doesn't want to divorce. Of course divorce is a human right and you can't force someone to stay married against his/her will ; but we must not trivialize the agony of having to divorce when you don't want to. Marriage is also a human right, and, no matter how common divorces and remarriages may have become, some people never get to get over and start a new life.
Plus, even with the current dictatorship of Romance and Big Happiness, no everybody is about eternal passion and sparks. It is not my case (I'm quite a passionnate person) but I easily acknowledge a lot of people are perfectly ok with being content or "satisfied" with their life.
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HUFFPOST SUPER USER
Jlong
11:27 AM on 12/21/2010
Being content is the first step to true happiness. Yearning for something/someone else many times is just an illusory feeling that will eventually go away. The grass is always greener on the other side, but sooner or later, you'll have to mow it.

I think people look to the external to determine if they are happy or not, when they should be looking internally.
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HUFFPOST COMMUNITY MODERATOR
hotseat
Don't Sit Down
11:13 AM on 12/16/2010
Dear Judith, Your name is a "blast from the past". My ex-hubby and I (plus the kids) went to your Center for the Family in Transition. Guess what? It didn't help. Talk about a waste of money.

Thank goodness, times heals all things. Peace.
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Brooklyn73
08:36 AM on 12/16/2010
Good article! Thank you!
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06:25 AM on 12/16/2010
"If Divorce is No Fault, Why do people fight?" Simple answer: Marraige is made in heaven, that is why people 'Harp'. :)
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Cheryl Ledwidge
Wife, Mother, Geek Goddess
07:19 AM on 12/16/2010
Too funny.
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OC4Obama4Pres
06:07 PM on 12/16/2010
That is funny.