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Book review: The Divorce Lawyers’ Guide

October 5, 2006 | 8:00 pm

Divorce attorneys. Are there two dirtier words in the English language? Thoughts of them conjure up images of circling human sharks, cold-blooded assassins and profiteers feasting on the misery of others. Turning to them for suggestions on how to stay married would seem about as useful as seeking out Donald Trump for tips on humility or former New York Times reporter Jayson Blair for advice on journalistic ethics.
 
Sometimes, though, the conventional wisdom misses the mark. Drawing on interviews with 100 prominent divorce attorneys nationwide, author and former practicing attorney Wendy Jaffe has written an interesting and illuminating work called, "The Divorce Lawyers' Guide to Staying Married." Apparently, those with ringside seats in divorce court, a place where couples venture to shred their wedding vows and one another, have a special insight into how not to behave in marriage.
 
In her book, Jaffe outlines how to diagnose and treat myriad union-killers, ranging from no-sex marriages to infidelity to unrealistic expectations. Beyond that, she argues that many couples who end up in divorce court could have, and should have, worked harder to save their unions.
 
In Jaffe's view, marriage, except in cases of physical or verbal abuse and untreated drug and alcohol addiction, is worth fighting for. She argues that the fact that about half of all marriages in the United States don't last is less a reflection of widespread incompatibility than an indictment of a disposable American culture that encourages folks to trade in their old-but-perfectly good cars, computers and, yes, even spouses for newer, fresher models. All too often, Jaffe argues, mates in the process of shedding their significant others come to realize too late that they've made a terrible mistake, especially when children are involved. The grass might appear greener elsewhere, but that, like a waterhole in the desert, is often only a mirage. The proof: Two of three second marriages end in divorce.
 
Jaffe's starts her book detailing all the ways sex can kill a marriage. Why start with sex?
 
"It is rare that someone who is having good and regular sex will come to me for a divorce," says Miami family law attorney Maurice Kutner, one of several lawyers Jaffe quotes.
 
Couples having infrequent intimate relations should beware, Jaffe warns. Sex, she writes, is an integral part of most marriages, and its absence augurs poorly for their survival. There are myriad reasons why married couples' love lives can cool, including familiarity and the exhaustion of parenthood. Still, a no-sex marriage is far from the norm. As Jaffe notes, just because married spouses have stopped making love with one another doesn't mean they have stopped making love.

Take the case of Steve and Linda, one of several case studies Jaffe sprinkles throughout her book. The couple married in their mid-20s, had three kids in six years and moved to the 'burbs. To the outside world, they appeared to have the perfect union. However, behind the smiles, Linda felt increasingly disconnected from her spouse, and her interest in intimacy dwindled markedly with the birth of her children. Over time, Steve also became more disenchanted, especially after his wife rejected repeated requests to discuss her waning drive with a gynecologist. Steve eventually left a "shocked" Linda for a work colleague.
 
So what to do if sex begins to vanish from the bedroom? Jaffe suggests the road to recovery begins with recognition.
 
"Even if sex is not important to you," she writes, "you have to realize that it might be extremely important to your spouse, and that it is a significant cause of divorce."
 
Throughout the book, Jaffe encourages readers to consult a therapist. She also offers a helpful list of reference books readers might want to peruse. Infidelity is another sex-related marriage-killer with which Jaffe grapples. On the upside, she argues persuasively that many marriages can withstand cheating. If both spouses figure out what caused the straying and address the problem; if the victim spouse can forgive the affair; and if the adulterous husband or wife truly recommits to the marriage -- a lot of ifs -- the couple might salvage the union. On the downside, Internet chat rooms and dating services have made it easier than ever for bored spouses to find a playmate.
 
Many marriages, Jaffe writes, are in trouble even before they begin. That's because one or both partners bring unrealistic expectations to the altar.
 
Couples who expect the romance and fires of passion to burn indefinitely set themselves up for their marriage to flameout. Similarly, men and women who believe marriage will magically transform their significant other are deluding themselves. Her insane jealousy won't suddenly vanish, just as his verbal abuse and alcoholism won't disappear. The bottom line: What you see is generally what you get. A caveat, though: People often do change over the course of a marriage, for better or for worse, Jaffe says.
 
Even those who've never married, as well as people considering getting hitched for the second or third time, could benefit from "The Divorce Lawyers' Guide."
 
Jaffe and the attorneys she interviewed counsel against getting married at a young age. A little life experience, they argue, allows a person to grow up and figure out what they want from themselves and from a prospective spouse. It is no surprise, Jaffe writes, that Oklahoma, despite its location at the heart of the Bible Belt, has the second-highest divorce rate, according to 1990 stats. The reason: One of the lowest average ages for first marriages, at 22 for women and 24 for men.
 
As for remarriage, Jaffe warns against the "clone syndrome." That is, finding a new spouse with a similar personality to the person just left behind. To avoid making the same mistakes again and again, such as repeatedly hooking up with alcoholics, Jaffe suggests seeing a therapist to "understand why your marriage broke down and how your selection of your spouse played a part in it."
 
Jaffe's book makes a surprisingly good read, considering that many lawyers tend to write in a turgid, tangled legalese. Still, Jaffe does trip up a few times. The lawyer in her devotes an entire section to prenuptial agreements. She argues that men and women with substantial assets need to protect them. Rational?

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