What to Do if Your Spouse Goes AWOL (Inspired by Serial Season 2)

One of the big surprises of 2014 was the huge success of the Serial podcast, which is or was a spinoff of the relatively popular This American Life podcast put out by Chicago Public Radio. It was pretty much the first podcast to ever reach such a huge audience, with an average of 8 million people downloading every episode on iTunes alone.

The first season told the story of the murder of Hae Min Lee, a high school student, in 1999, for which her ex-boyfriend Adnan Syed has at the time of my writing been in prison for almost sixteen years. Producer Sarah Koenig interviewed witnesses, uncovered many inconsistencies in the case as presented to the courts, and opened up a proverbial can of worms that is still wide open.

I was one of the people listening avidly to the first season of Serial, so I’m pretty excited that the second season has started. Sarah Koenig promised “some time in 2015,” and she waited until just last week to debut her new story. In fact, Season Two, Episode Two premieres today!

This season’s podcast is going to pick apart the story of Sgt. Bowe Bergdahl, who was allegedly held captive by the Taliban for five years in Afghanistan—but again, this is a story with a lot of complexity, suggestive details, and inconsistencies. Well chosen, Sarah.

To prep you for Serial season 2, this post is going to mix some key background information with a bit of legal perspective on what to do if YOUR spouse goes AWOL—whether from your life, your marriage, or just from financial obligations. Enjoy!

Were there signs?

This is the age-old question that gets asked every time someone does something absolutely incomprehensible. The serial killer was “just a normal guy,” the rope bridge “looked pretty safe,” and your spouse never seemed like the kind of person to just pick up and take off.

According to other soldiers who knew Bowe Bergdahl, he was basically a normal guy before he disappeared—a disappearance that is now being looked at by many as a desertion of a very strange kind. “He was focused and well-behaved,” soldier Jason Fry has said.

But also, Bergdahl did say to Fry at one point, “If this deployment is lame, I’m just going to walk off into the mountains of Afghanistan.” So there’s that.

There was also the weird fact that, according to soldiers in his unit, on the morning he went missing, he stacked all his stuff up neatly, except for his compass, which went missing with him. Not enough for you? He also apparently mailed his computer and other possessions—inexplicably—to his parents prior to his disappearance. So … yeah. There were signs.

I think you can safely assume, if your spouse gets distant and starts mailing all of his or her possessions away, that there might be something fishy going on. What’s tougher to get a handle on are the psychological signs, and the emotional ones. Is your spouse going distant because they’re stressed about work, or because they want out?

When a spouse walks out on a marriage, it sometimes means walking out on the children of the marriage as well. Some states call this desertion and others call it abandonment. In either case it’s generally grounds for divorce.

The exact definition of abandonment varies, but usually it means the spouse has been gone for one to two years, has not made any financial contributions, and refuses to reconcile if they are in touch at all.

What should be done?

When Bergdahl went missing, a huge amount of military resource was put into trying to track him down, and there was a lot of controversy surrounding whether or not the US government should negotiate for his release (ie. “negotiate with terrorists”). For much of the time he was gone, he was the only US soldier being held as a prisoner by the Taliban, so it was fairly high-profile.

If you think your spouse is about to go AWOL (or worse, they already have), you probably lack the resources of the US military in trying to hold them accountable in your marriage. There are some things you can do, however.

If you have children, you can file for temporary custody, which is likely to turn into permanent custody once you finalize the divorce. You can also ask the court for a temporary order of child support. In extreme cases, you can ask the court to terminate parental rights of the deserting spouse, if they are seen to be an unfit parent.

Once the spouse has been gone from your marriage for two years, and one year in some states, you’re in a good position to file for divorce.

What really happened?

But getting a divorce doesn’t answer the biggest question that some spouses have after being deserted. The biggest question, of course, is “Why?” Why did the person just leave, instead of resolving the situation in some other way? How could they leave a life you created together, without a second thought? And so on.

In my experience, satisfying answers to this question are few and far between. Usually, the simple answer is “avoidance”—some people just can’t deal with having grownup conversations. In a few unfortunate scenarios, people had already started a new life with someone else. You might find out why your spouse went AWOL in time, or you might never get the answers you feel you deserve. And this can be infuriating.

In the case of Bowe Bergdahl, finding out what really happened is the whole point, or so it seems. Some people claim he left a note saying he was going to “start a new life,” but the note hasn’t been since produced. There are stories of his being kidnapped and tortured by Taliban captors, and as many stories that he walked away with them on his own free will. And there are apparently a LOT of strange little ins and outs of his story that just don’t add up.

For the Deserted

Sadly, abandonment is not that uncommon as a grounds for divorce, but luckily it’s fairly easy to resolve from a legal standpoint. Once your spouse has left you for a certain period, it’s hard for the courts to deny you a divorce—but you’ll want to have legal counsel to ensure that you get what you deserve out of the situation.

If your spouse has gone AWOL, feel free to contact me for advice on your specific situation. If you’re an abandoned military spouse, you might find this site helpful in understanding your options.

If you’re interested in listening to Serial, either the last amazing season or this coming one, you can download it here. If you’re interested and you’ve never downloaded a podcast before, here’s what to do.

Questions? Comments? Leave a comment, share on Facebook, or tweet it!

Respectfully,
James J. Sexton

11 Tips for Talking to Your Kids about Divorce

One of the most stressful aspects of the divorce process for those of us with kids is dealing with the inevitability, and sadness, of having to explain the divorce to them. When I hit this moment myself, it didn’t matter that I had counseled plenty of parents through this already, nor that I knew it would pass and things would get easier; it was still an incredibly difficult moment.

Earlier this year I published a post on how to go public with your divorce, and it got a great response. Talking about divorce is difficult pretty much on every front. With that in mind, I’ve compiled the wisdom that I’ve gathered, both from experiencing it myself and from the insight of numerous parents who have come through my doors. Here are some tips for telling your kids that you’re getting a divorce: just take it step by step.

1. Wait until it’s for sure.

Most couples go through a few “should-we-shouldn’t-we” periods, and it’s important not to involve the children in your uncertainty during these times. Wait to tell them you’re getting a divorce until the process is actually started, legally, so as to avoid putting them through hell just to take it back three weeks later, and then potentially change your mind again a month after that.

2. Present a united front.

Although you might hate each other behind closed doors, in front of the kids, especially now, you need to communicate as a parental unit. Get together beforehand, and plan carefully what you’re going to say. You might think you can have this conversation spontaneously, but once you’re in the moment, emotions can derail you entirely, and the last thing you want is to end up in an argument.

3. Tell everyone at the same time.

If you have more than one child, it’s important that you tell everyone the news at the same time. Even if there’s a big age different between the kids, and you think the older ones can handle it—don’t ask them to. Nobody should have to keep that secret.

4. Tell the truth.

This is one of those times that sugar-coating is only going to make things worse. “It’s going to be hard” is more honest than “It’s not that bad…”, and will help prepare them for the reality they are about to face. Minimizing the negative is not going to work in this situation. You don’t need to go into the details of your broken relationship, but you should be honest about the future: be calm, but be honest.

5. Take mutual responsibility for the divorce.

Behind closed doors there is a lot of apportioning blame during a divorce. However, for the sake of your kids, when you tell them about it, don’t blame each other in any way: take the blame together: “We decided to do this”; “We are sorry.” Even if you agree that one parent is to blame versus the other, asking your children to bear that knowledge is not fair, and endangers their relationship with that parent. And if you don’t address this aspect—if nobody takes responsibility—it’s natural for a kid to blame themselves, and they almost certainly will. To help keep their lives, self-esteem and relationship with you as stable as possible, take the blame together.

6. Emphasize the fact that this doesn’t change how either of you feel about them.

Reassurance is one of the most crucial things to offer at this point, and for the foreseeable future. Make sure your kids know that no matter what the domestic situation becomes—who lives with who, for example—you both will continue to love them exactly as much as now.

7. Discuss changes and what to expect.

Uncertainty is going to be a source of anxiety for your kids right now. What you need to do is provide them with parameters and solid things they can count on, as soon as you have the information. The younger the child, the less of a frame of reference they’re going to have for what a divorce will mean, so start with the most basic, obvious things, and go from there.

8. Encourage them to express their feelings.

You’re probably doing most of the talking at this point. Open the conversation up to be, well, a conversation. They might have no idea what to say, or they might be angry, or they might cry—let them know this is fine. Give them space to do it.

9. Accept their feelings.

One of the most natural things to do is to try to make your kids feel better, and there a lot of constructive ways you can do that, over time. But in the moment, don’t try to tell them it’s not really that bad, or otherwise minimize what they’re dealing with. This is a big deal, and they deserve to feel however they feel about it.

10. Focus on things that matter to them.

One way you can calm the waters without covering up the truth is to focus on things that matter to your kids. Do they play sports? Make sure they know this isn’t going to change, and mom and dad will still both go to games (if that’s true). Do you have special traditions, like Ice Cream Fridays? Make sure they know you’ll keep doing that, even if you take turns. This will also help you set the pace for what will hopefully become a strong co-parenting situation.

11. Set up a support system.

Once you’ve told your kids, let the other adults in their life know what’s going on—even if you don’t go into the details—and ask them to keep an eye out for any signs of distress, and to let you know. This probably includes teachers, coaches, babysitters, grandparents, etc. Doing this will help you identify any adjustment problems as they occur, but also it will ensure that there is plenty of support around your child during a time when they need it.

Have questions, or something to add? I’m listening! Leave a comment below or tweet to me.

Respectfully,
James J. Sexton

5 Tips For Co-Parenting

I saw my first Christmas commercial this morning, which can only mean one thing: summer is officially over (ok, two things: and America has a serious consumerism problem). With the back-to-school season officially upon us, a whole host of newly divorced couples are taking their maiden voyage into co-parenting. This can be a tricky transition but the following tips will help you sail along in smoother waters.

Go Hi-Tech with Your Scheduling.
The real key to a seamless schedule is lots and lots of organization. Trying to juggle everyone’s appointments is hard enough when you’re all living under one roof, so balancing activities, splitting time between homes and coordinating custody drop-offs can be a real doozy. The best thing to do is set up what I call a “living calendar.” There are tons of apps and software out there, fiddle around with a few and find which works best for your family. Then set up access for everyone in the family including step-parents or other guardians and caregivers that help with the kids (also include the kids when they’re tech literate enough). Have a color code for each person and have everyone plug in their schedules, and update changes as soon as they happen.

Once everything is set up, you can start every day knowing exactly who is picking up the kids, where they’re staying and who is getting them there. Seeing everything laid out in front of you can really aid in creating a sense of calm and consistency for everyone, especially the kids.

Check-In Regularly.
If you and your ex-spouse are on good enough terms, schedule weekly or monthly catch-up meetings to just get a lay of the land. Use this time to go over any big developments in the kids’ lives, behavioral issues, any overlapping budget concerns and any other topics you see fit. You’re already a well-oiled machine with your living calendar, but some things are better discussed in person. Plus, having consistent meetings will keep the lines of communication open. Again, this is important in creating a sense of calm and consistency for everyone, especially the kids.

Communicate Directly.
Don’t ever use your kids as the messenger or the go-between. They’re not your personal assistants and using them in that way can cause them anxiety and stress where there needn’t be any. Figure out the best method of communication for your situation. Things still a little raw and wrought with emotion? Maybe texting or emailing is best for you. Keep conversations about the kids only, and don’t let your past issues bubble up. Think of your ex-spouse as a colleague. You’re now co-CEOs of your family, so behave as you would at work, meaning keep emotion out of it. Be pleasant and everything, but keep things all business and only about the kids. It may feel odd and fake at first but you may find yourself easing into more casual and comfortable communications eventually… and even if you don’t, you’ll steer clear of the emotional meltdowns.

Compromise! 
Now is not the time to be petty and selfish. You wanted out of that marriage, and you got it, bully for you! Now you both have to focus your energies on your children and trying to make this transition as smooth as possible. Now is not the time to squabble over 15 extra holiday minutes nor is it time to get passive aggressive about lenient “homework in front of the TV” rules. Meet in the middle and pick your battles. While the marriage ship has sailed, you’re in this parenting thing together, for the rest of your lives and I don’t have to tell you that’s the most important role you and your ex-partner will play.

Cultivate Relationsips, Don’t Compare.
A friend once gave me really great advice. He said, “Keep your eyes on your own paper.” I wasn’t cheating off him in math class at the time. What he meant was, focus on your own stuff. Don’t get wrapped up comparing yourself to others. Stay in your own lane and you do you. This is really good advice for co-parenting as well. Focus on the relationship between you and your kids. Don’t waste time comparing yourself to the other parent by questioning who is doing the better job or which parent the kids like more. The time your kids spend at home is a short season, so try to make the most of it. In a blink they’ll be heading off to school and/or into the real world so cherish every minute and know that if you’re doing right by them, none of this “popular parent” stuff matters anyway.

Do you have any co-parenting tips for your fellow parents? Share them with us and we’ll  share them!

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

15 Things You Might Not Know: Child Custody Law in New York State

If you’re considering a divorce in New York and you have children, it will be important for you to understand the legality around child custody. To that end, I’ve compiled an overview of the basics. For a more in-depth look at your particular situation, please feel free to contact me to discuss.

Child Custody Law in New York State

For New York courts to have jurisdiction on your case, the child must have lived in New York for the past six months. If the child is younger than six months, he or she must have been born in New York (except under extenuating circumstances).

Neither parent has a preferred right to custody of their children in New York.  If there is no custody order, either parent can keep the child with him or her. If the case goes to court, the custody decision must be made in the “best interests of the child.”

Either parent can apply for custody in Family Court. You can attempt to get custody in Supreme Court after divorce proceedings have begun, but you may only have one case ongoing at a time.

The status of “primary caretaker” of the child is likely to be important in making decisions regarding custody.

The parent who has physical custody of the child when the custody application is made to the court may have an advantage in the courts.

The court can consider where the child wants to live, but does not have to follow the child's wishes. The older a child is, the more a court will consider his or her wishes.

Parents may share joint legal custody in New York. The court usually will give custody to only one parent if parents are not able to cooperate.

Custody or visitation can be changed if there is a significant change of circumstances that affect the child’s interests.

If the parent who has custody of the child wants to move, he or she may need to get permission from the court. Alternately, the other parent can apply to the court for an order that prevents the move or changes visitation.

If the parents were never married, and the parents never signed an “Acknowledgment of Paternity,” the father has no custody or visitation rights. To apply for custody and visitation, he must first legally establish paternity.

If you have a custody order and the other parent takes the child from you or won’t return the child from a visit then the other parent could be arrested for kidnapping. He or she could also be charged with interfering with your custody.

The parent who does not have custody of the child can almost always get “frequent and meaningful” visitation. Visitation rights will only be denied if visitation is deemed to be harmful to the child in some way.

A lack of payment of child support is not sufficient means to refuse visitation. It can, however, lead to the non-paying parent to go to jail.

Court-ordered visitation cannot be refused unless it is believed that it would put your child in danger.

Half-siblings and grandparents can apply for visitation rights, although the court isn’t obligated to grant these.

While this covers the basics of New York child custody law, it’s highly likely that you will benefit by seeking legal counsel on these matters. If you’d like to discuss your particular situation, please feel free to contact me.

Respectfully,

James J. Sexton