DIVORCE AVOIDANCE HINTS: THINGS THAT CAN GO WRONG IN A MARRIAGE
Article by Richard Crouch, Attorney at Law,
Crouch & Crouch, Arlington, Virginia; (703)
528-6700;
Originally Published in Family Law News, a Va. State Bar Publication,
v. 12 n. 2 p. 20 (Summer, 1992)
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& Crouch Main Page
Your editor, having sat through approximately 2,987 initial
interviews with all sorts and conditions of actual and potential and divorce
litigants, will hazard a beginning at this endeavor with a few observations
of specific behaviors that have proved highly destructive to marriages in
more cases than one.
COMPETING FOR THE CHILD'S LOYALTY/AFFECTION: This is a poisonous type of
behavior which should be avoided for the sake of the child, the marriage,
and society, although the surrounding conditions of society today assure
that avoidance is something easier said than done. As the condition feeds
upon itself and things get worse by a geometric progression, the parents
say increasingly vicious things to one another in front of the child --
which they probably would never have said without an audience in the grandstand.
Demonstration that one parent loves the child so much that he or she is
willing to alienate and sacrifice a marriage partner for the child is perversely
empowering and yet also very frightening to the child. To witness the destruction
and dehumanization of a parent deprives a child of one of the major props
holding up its sense of security. Yet the easy availability of divorce today
and the perceived inevitability of custody fights leaves each parent wanting
to ensure that the child's loyalty will stick with him or her when the marriage
dissolves.
CHIVALRY: Males in Virginia are especially liable to the misconception that
they can cure all social problems and serve society best by striving to
play the old-fashioned gentleman in all things, even to a degree that defies
logic. As the concept of the gentleman is informed by certain quaint notions
dating from Medieval times, as articulated especially in Queen Eleanor of
Aquitaine's games of courtly love, some Virginia gentlemen firmly believe
that a lady must have her every whim catered to in all things, great and
small. Believing that the only way to correct socially unacceptable behavior
in a female is to set a better example, these men deal with a mate's inappropriate
behavior, extreme selfishness, and illogical perceptions of the marital
or parenting relationship simply by saying "Yes dear." Of course
they hope that the wife will see the folly of her ways when it reaches a
point of grotesque exaggeration, but with some wives that is not so. It
is a vain hope that the wife will some day see the light and say "My
God, look what I almost became! Nobody ought to live like this," and
turn her behavior completely around. Thus the behavior that the husband
was taught by his father and grandfather to believe is strong is only perceived
as weakness and taken advantage of to redefine the thresholds of acceptable
selfishness in a cumulative way. Better this poor dolt should have adopted
the whining truculence of the assertiveness-course graduate and started
arguing with his wife over the pettiest matters from the first day of the
honeymoon. Behavioristically it makes more sense. Otherwise, in a marriage
where a very giving person is teamed up with a very taking person there
will just be a whole lot of taking going on. Unseemly scrapping over trifles
is better than the cumulative process whereby his perverse idea of etiquette
will turn out to have created a monster.
HAVING SOME MONEY OF YOUR OWN: Although at times it probably generates divorce
for one spouse to build up funds that he or she won't share, one spouse's
control of absolutely all the money in a family is usually a recipe for
disaster. Marriage counselors often urge that each spouse should have at
least some independent funds. Perhaps this will turn out to be a luxury
that most families cannot afford as we move into a scarcity economy and
saving money becomes impossible anyway. Generally, though, a spouse feels
more secure in the marriage, more relaxed, and more able to be decent and
friendly to the other, if he or she has some money to spend without having
to answer to the other spouse. Also --
ONE SPOUSE KEEPING THE CHECKBOOK is generally an unhealthy situation. Often
marriages gravitate toward a division of labor whereby one spouse writes
all the checks and pays all the bills. It will be the spouse who has less
distaste for this kind of work, and perhaps more of a taste for the power
and control that it represents. The other spouse will become infantilized
as a kept man or woman, given pocket money upon sufficiently humble request,
but the empowered spouse exhibits no gratitude nor gratification for having
the power of the purse. Instead she will resent the extra work it represents,
which the other spouse does not offer to share. She will talk about it as
an example not only of her partner's incompetence in worldly matters, but
of his selfish laziness.
NOT KNOWING HOW TO FIGHT FAIR: It should be easy enough to curse and abuse
a spouse over some point in dispute while still restricting the criticism
to the act rather than the person, but in some marriages it never happens
that way. Even pointing out your spouse's despicable deficiencies can be
done without saying horrible things that can never be taken back, screaming
obscenities that reverberate through the neighborhood, pitching a shrieking
fit in front of your spouse's employees or co-workers, etc. -- but in some
marriages there seems to be no inhibition against going overboard, no matter
how slight the triggering event. Some spouses instinctively know how to
take that crucial next step which will cause everything to spiral downward
and they feel that every argument has to go that way. It is of course very
difficult for one spouse to talk to the other about the rules of fair fighting,
but sometimes an outsider such as a minister, marriage counselor or friend
can do it. All married couples fight, but some of them know how to make
up. However, there are certain unnecessarily cruel words and acts that cross
some kind of line and become impossible to forgive. Most spouses know instinctively
how to avoid these, but some either don't know, or think they can indulge
themselves freely and still stay married. Both these types need education
on the subject.
INFINITE MAGNIFICATION AND POLITICIZATION OF EVERY PETTY SLIGHT: Contrary
to some married persons' cosmological assumptions, blame cannot be assigned
for absolutely every historical event. Some things just happen. Yet some
marriage partners will not accept this. They must construct elaborate theories
of causation and blame which inevitably center in upon hateful resentment
of the spouse. Perhaps this mode of analysis is bred into the person and
cannot be changed, but it is also possible that an intelligent person can
see the folly of taking a marriage in this direction.
Also, not every act in a marriage is a political act. Many thoughtless and
inconsiderate delicts are committed during the course of married life which
would normally be apologized for and the apology accepted, either with grace
or with a gloating smugness, and the "crime" forgotten. But in
some marriages this does not happen. Every act is part of a larger pattern
of conspiratorial oppression and a sign of a fatal character flaw. People
who think this way will not take yes for an answer. No apology is sufficiently
abject for the cap left off the toothpaste, because it is but a symbol of
all the larger issues. Once all these larger issues and illogical accusations
are dragged in, the petty delict cannot be admitted and apologized for,
because the spouse would be admitting a lot more than is true. Responding
indignantly to unjustified charges, the spouse naturally turns it into a
general fight, and things go downhill from there. Sometimes third-party
advice can bring into such a marriage a sense of perspective.
BUYING INTO DEMEANING CHARACTERIZATIONS: A husband who has somehow come
to believe that a wife to be lovable must be stupid, can do domineering
and degrading things and not even seem to know what he is doing. If wife
is too polite to rebel against this treatment early on, the result may be
terrible. A wife may deal with this characterization by confirming it, and
become infantile indeed. Childishness becomes increasingly irresponsible.
The selfish behavior of a spoiled child in a grown woman can take the forms
of promiscuity, public nudity, drunkenness, repeated homicidal attacks,
and finally, aggressive litigation -- all resulting in horrendous damage
to the parties' children. It is difficult to see where such mistaken ideas
of how to conduct married life come from sometimes. We assume that one spouse's
notion that a condescending attitude toward the other spouse is proper could
only have come from his own parents' living patterns, but occasionally that
cannot be the source. Perhaps it can be blamed on the baneful influence
of bad television.
UNWISE ADULTERY: This is not the place for a general sermon for or against
adultery, but it is more often than not destructive of a marriage. The exceptional
situations are usually when there is tremendous guilt and true repentance
on one side, combined with a mature and practical magnanimity on the other
side, or there is some equality to the situation (both have minor affairs
which they enjoy, get over with and decisively abandon for reasons of common
sense or the good of the marriage), rather than an oppressive inequality.
But the fact remains that most adulterers unerringly seek out the worst
new partners and relationships. Far too often it seems that even a moment's
calm and deliberate thought before tumbling into this particular adulterous
affair would have prevented it. Certainly it is difficult for people who
are crazy in love to reason clearly, but perhaps that is where the fear
of God, the priest, hellfire and the pillory used to come in. Fear used
to create at least some hesitancy and some interval for calm deliberation.
Nowadays at least some foreknowledge of what a divorce itself can do to
the kids should impose some caution as well. Another sobering truth observed
by divorce attorneys -- but not by adulterers -- is that when the time for
remarriage comes, the new significant other is usually no longer there.
FAILURE TO COMMUNICATE: Considering the poisonous tripe that gets communicated
these days -- at least when two spouses sit down to Communicate with a capital
C -- it is perhaps just as well that people don't. But the problem is that
Failure to Communicate is one of the primary things that spouses know to
cite as an excuse for divorce today, and one that a lawyer or marriage counselor
will be duty-bound to nod gravely at when it is invoked. (Of course wise
old divorce lawyers instinctively know when "The problem in our marriage
is lack of communication" really translates directly into something
simpler like "I have a girl friend.") So spouses should not let
it ever be said of them that they "refused to communicate." And
certainly it is true that many husbands and wives are handicapped by an
inability to have a serious discussion about anything intimate or painful
or difficult that arises in the course of trying to get along in married
life. Perhaps the non-communication handicap is an inability to discuss
serious matters in any manner but the insulting and abusive, or tearfully
self-righteous, mode that was learned from the parent of the same sex. In
any event, serious marriage counseling gets into the business of teaching
how to have a serious discussion without all out war each time.
THE MONOLITHIC MARRIAGE: One big mistake many young couples somehow make
is to assume that their marriage is the whole world. When neither spouse
is allowed to have any friends outside the marriage, and any attention paid
to outside friendships is perceived as evidence of disloyalty, and the parties
must spend 100% of their free time with each other, the effect is nearly
always poisonous. Seeing no one else, the spouses quickly grow sick of each
other. Human beings have evolved over the eons into social creatures, and
they must generally be part of the larger society in order to stay sane.
The longer a spouse is restricted from having healthy social interaction
with others of the same sex and the opposite sex, the more likely it is
that much-resented secret relationships will develop. Sometimes the very
secrecy encourages these relationships to turn into adulterous ones.
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