Today, divorces are granted on request of one party with or without fault (in almost every state) or consent of the other party.  One researcher estimated that the introduction of no-fault divorce laws accelerated divorce rates upwards of 25%.

Whatever the cause, the high divorce rate in America is unlikely to lower significantly from it’s roughly 50% rate.  Divorce is everywhere.  Celebrity and reality star divorces generate a tremendous amount of publicity and often makes those individuals much more famous than when they were married!  Divorce is one subject that celebrity and non-celebrity couples have in common- they are both on the rise.

A study conducted by LegalMatch confirmed this trend as there was a large increase in the number of divorce lawyer requests as well as divorce-related questions within the past 12 months nationwide.  Thousands of inquiries pertaining to getting a divorce and the corresponding issues dwarf the marriage-related searches.

Although this trend may not be a surprise, it should nevertheless be a concern.  Perhaps the answer is in making it a little more difficult to get a marriage.  Either way, it is always a good time to be a divorce lawyer!

Modern Day Divorce is a post from: LegalMatch Law Blog

Within the past 12 months thousands of clients have come to LegalMatch with child support-related issues.  The top concern among the requests: increased payment, decreased payment, and issues relating to enforcement.  Hundreds of these requests specifically involved people unable to pay due to job loss or changes in financial circumstances.

Courts face a tough process when it comes to these child support modification hearings because, in most cases, the money (and the paying job) is no longer there.  In those instances, the judge is looking for a solution to a problem that will probably persist for a while.

The typical recourse for a non-paying parent is garnishment of wages or jail time.  The problem with these two options, especially in such an economically volatile time like this, is that the first is rarely an option and the latter will produce little if any payments and will likely further prolong the lack of payment problem.  These reductions in payments have forced many families to apply for welfare for the first time, risk eviction, and drastically change the circumstances relating to the family’s living situation.

A recent article about Going to Court for Child Support discussed the top 5 tips to help collect child support:

1.) Find out why the support is not being paid.

2.) Don’t delay the problem

3.) Mediate your child support

4.) Move quickly to get to a courtroom

5.) Get additional help

The one solution on either side of the divide is communication and cooperation with the system that is in place to benefit children.

Child Support in a Bad Economy is a post from: LegalMatch Law Blog

The results of this study are still proving true over 30 years later as the current recession in the U.S. and California specifically has seen a rise in money-related divorces, and also led to an increase in problems associated with an ancillary issue to divorce- alimony.

Popular divorce site Divorce360.com recently blogged about this very alimony trend.  Because the financial situations of many California couples seeking divorce, or already divorced, has changed so drastically in the past year, there has been a huge increase in requests for alimony modification.

We’re seeing similar trends at LegalMatch.  According to statistics compiled from all people seeking alimony legal assistance in California within the last 12 months, the overwhelming majority of inquiries involved either collection of past due alimony or termination of alimony payments.

The high level of interest in these two categories is even more interesting because they are polar opposites and come from different sides of the divorce- one being the spouse looking to alimony as income and needing all back payments, and the other being the spouse looking to alimony as a financial pitfall that he or she is trying to get out of to save needed funds.

The numbers are high and the reasons aren’t surprising.  The recession is fully reflected in all aspects of California divorce proceedings and the trend will continue as long as these tough economic times persist.

California Divorce, Recession, & Alimony is a post from: LegalMatch Law Blog

But even with increased martial frictions, how has this economic downturn actually affected marriages in the U.S.? Given all the speculation, it seemed fitting to see what the actual statistics would show.  From January 1 to March 31, LegalMatch client intake reports show a 7 percent increase in the rate of separation in 2009 over the same time period for 2008. This isn’t exactly an earth shattering jump, but still it is significant.

Of course, those facing harder economic times often reassess the value of their assets- and in a marriage that often means taking a good look at your combined finances. After all, divorce can be expensive, and separating from your spouse often means forgoing a second income. Some states even consider debt acquired during the marriage as community property, potentially meaning a spouse could be forced to pay the mortgage for a house in which they no longer reside. Spousal support and/or child support may be too much to pay for an individual should the marriage dissolve. The downside is that it may mean staying in a marriage that no longer works for many couples.

Right now it seems the majority of couples are choosing to weather the economic storm together, for better or worse. It will be interesting to see if this still holds true as the recession stretches on over the coming months.

Your Marriage: A Victim of the Economy? is a post from: LegalMatch Law Blog

Nonetheless, here at LegalMatch.com tens of thousands of people have logged on to find divorce attorneys within the past 12 months. I was curious about their demographics, and here is what the data was telling me:

• The Median Age for a person seeking a divorce in the US: 37
• Median Number of Children: 1

37 years old seems about right for a starter divorce.  Plus, the Median number of children matches US Census results; the national average for children per household in the US is 0.90.

Not much stands out here separating your average divorcé from your average U.S. citizen, which is not surprising considering almost half of all marriages end in divorce in the United States.

So now we know who is getting divorces…are they decreasing in number? Not from what I can tell.

Looking back over the 12 month period, there is no significant difference in month to month numbers, nor is there any decline in the numbers from 2008 to 2009. And again, this is tens of thousands of customers seeking divorce, not just a small sample size.

Fear not divorce attorneys! The American Divorce Industry is apparently alive and well.

So Who is Getting Divorces in the U.S.? is a post from: LegalMatch Law Blog

AGE                % CLIENTS SEEKING PRENUPS

18-25               11%
26-32               23%
33-39               21%
40-46               18%
47-53               14%
54-60               6%
61-67               2%
68 and above    1%

The median age for a first marriage in the United States is 26. Most second marriages (i.e. where at least one of the spouses has been married before) occur after the age of 35. Although most experts think prenuptial agreements are most common for second marriages, LegalMatch’s numbers show that a large number of people younger than 35 are getting prenuptial agreements.

Nothing wrong with that, and most divorce attorneys think it’s a wise idea for people to officially designate what is and is not separate property prior to their marriage, whether it’s their first, second, or 16th. If folks going through a second marriage are doing it, that probably means it would have been a wise idea the first time around as well.

Top Age Brackets for Prenuptial Agreements is a post from: LegalMatch Law Blog

But is there an alternative? Yes, mediation. It saves time and potentially a lot of money. Surprisingly however, in 2008 only 9% of the thousands of LegalMatch family law clients stated that they and their partner were willing to consider first seeking the advice of a qualified mediator to settle their divorce. 16% stated they did not know what mediation was, and 32% said that they were willing to try mediation, but were unsure of whether their spouse would. Almost 40% dismissed it outright, with the vast majority stating that their spouse would not agree.

At its most basic level, mediation allows the couple to decide their own divorce terms, and not rely on a distant and impartial judge. So why are almost 90% of couples seeking divorce at LegalMatch either unwilling or not ready to perform Mediation, or unsure of what it is? Doesn’t this sound better than putting the future of your loved ones and everything you own into the hands of a 3^rd party?

To a rational mind, perhaps. Unfortunately, divorce is rarely if ever rational. Although mediation is quicker and costs less than a divorce; although the agreement has the same effect as a litigated divorce decree; although experienced legal professionals are still involved and still inform couples of the legal ramifications of their agreement, the most likely culprit preventing this streamlined and cheaper alternative is simple: communication, or lack thereof. Emotions run high in divorce, and this means the lines of communication are often severed. Or, disenchanted couples form a “winner take all attitude” and cannot fathom the possibility of sitting in the same room and reaching a negotiated settlement with their spouse, even with the assistance of an experienced mediator.

Mediation is a very different animal from your average divorce settlement. For one, there is no adversarial relationship in the trial sense. There are not two competing family law attorneys zealously advocating for their respective clients. Instead, there is generally one mediator sitting in the room with the unhappy couple attempting to get them to reach a settlement between themselves. This is a difficult step to take, and also a difficult mindset to adopt in the midst of a divorce. The fact that most LegalMatch respondents were unsure of whether their spouse would be willing to try mediation shows that communication has often completely broke down when couples reach the important stage of wanting to officially proceed with their divorce.

It is unfortunate that such a tragic time in a family’s life is further compounded by a messy and expensive court battle. Perhaps if more couples were aware of the benefits of mediation, they could avoid the extra burden placed on everyone by undergoing divorce litigation.

Mediation Not an Option for Most Divorces is a post from: LegalMatch Law Blog

I know we still have a few months left in 2008, but I was curious: which U.S. States have the most divorces?  We all have hunches on which states are the most likely to grant a divorce, but I wanted facts.  So I dug deep into the LegalMatch database, and came out with more than a few surprises.

First off, over 50% of all divorces on LegalMatch are posted in the top 10 states.  52% to be exact, meaning the remaining 40 states (plus the outlying territories like Guam, Puerto Rico, the Virgin Islands, etc., and pseudo states like the District of Columbia) together account for 48% of the divorces on LegalMatch in 2008.  This is surprising, because LegalMatch has cases and attorneys throughout the U.S. 

Why so many divorces in the top 10 U.S. states?  Population has to be a big factor: the bigger the state, the more divorces will happen.  Since LegalMatch is an online matching service, the results may also skew towards Net savvy states.  And what about social pressures?  Some states seem to take divorce more seriously than others, applying negative stigmas, and creating extra legal hurdles for couples to jump through before they can go their separate ways. 

Enough jabber – the divorce totals, please. 

Coming in at #10 through #6, Ohio, Pennsylvania, Georgia, Virginia, and Illinois all tied with 4% each of all divorce filing on LegalMatch in 2008.  That’s a pretty good smattering of states from different parts of the country – no clear trend there. 

North Carolina and New York shared the #5 and #4 spots with 5% each of LegalMatch 2008 divorce filings.  North Carolina… really? 

Florida came in at #3 with 6% of 2008 divorce filings on LegalMatch.  I would have guessed top 3.  It’s nice to be right every so often.

And now what I consider the biggest surprise: California came in at #2, with 8% of all divorce filings on LegalMatch in 2008.   I would have pegged California as number 1, since some celebrity marriages get annulled before the best man’s speech is over. 

Unfortunately (or fortunately, I guess, if you really want to leave your spouse), the #1 distinction rests with… TEXAS.  In 2008, Texas accounted for 10% of all of LegalMatch’s divorce filings.  The Lone Star state is apparently also the Lone Spouse state.

Top States for Divorce in 2008 is a post from: LegalMatch Law Blog