20 Excuses That Aren't Going to Fly In Light of the Ashley Madison Breach

It’s been a stressful Monday for a lot of approximately 37 million folks out there and we’re not just talking about the usual #manicmonday craziness – We’re talking about oh-god-everything-is-going-to-go-down-the-tubes stressful. It’s a whole different level.

We imagine many have been racking their brains with excuses to give if The Impact Team decides to go ahead and spill “all customer records, including profiles with all the customers’ secret sexual fantasies and matching credit card transactions, real names and addresses, and employee documents and emails”.

We’re not sure what you should say if you’ve found yourself in such a predicament but here are 20 things you definitely should not say. You’re welcome.

1. I thought it was a baby names website.
2. I was undercover writing an investigative expose.
3. I was trying to get to the Ashley Madekwe fan site. I got really into the first season of Revenge while you were out of town. I just wanted to show Ashley and the whole Revenge cast my support.
4. I signed up to make sure you weren’t a member. You passed the test!
5. What is this “internet” you speak of, I am not familiar.
6. I was looking for a Billy Madison fan page – You KNOW I love Adam Sandler. I celebrate his whole catalog.
7. Wow! Sorry! The married people on the radio ad really reacted WAY cooler than you are about this.
8. I saw all the photos and thought it was a fashion blog for middle-aged people with no heads.
9. I was trying to improve my golf game. I googled “how to swing” and it just came up.
10. I felt like sleeping with our neighbor would be boorish and this seemed more considerate.
11. I was looking for a new babysitter! … Do they not offer that?
12. I thought I was doing you a favor!
13. That wasn’t me who signed up – That was drunk me.
14. Wait, you mean you’re not one of the 37 million on it?
15. … Hall pass?
16. I thought this was the sexier version of TaskRabbit.
17. So, you’re telling me we weren’t on a break?
18. But all our married friends are on here!
19. We always cheat on our taxes – Is this really so different?
20. Well, I guess they delivered – I’m screwed.

And if you need legal advice, you know who to call.

Respectfully,
James Sexton

Ashley Madison Hack: Bad News For Cheaters, Good News For Divorce Lawyers

Did you have a good weekend? It was hot here in New York City, one of those weekends where you don’t want to move an inch. Hey, quick question. Did you use AshleyMadison.com to cheat on your spouse? Oh, you did. Hey, did you see the news this morning? No? Rushing to get out of the house, huh? We’ve all had those mornings. So, about Ashley Madison, I’ve got some bad news…

Krebs on Security is reporting that Ashley Madison has been hacked and 37 million users have had their data compromised. Not good for any of you who embraced AM’s motto “Life is short. Have an affair.” Perhaps it’s time to modify that slogan to “Life is short. Have an affair. Get a good divorce lawyer. You should probably monitor your credit closely for a while.”

A hacker group called “The Impact Team” is allegedly holding the data hostage, threatening to release all sorts of details that could ruin marriages, embarrass users and lead to identity theft. According to the Krebs article, AM CEO Noel Biderman confirmed the hack. He told Krebs “We’re not denying this happened,” which incidentally might be a great way to break your affair news to your spouse.

If “The Impact Team” does release the data who knows how many hearts will be broken. But one thing’s for sure, us lawyers have a busy autumn coming up.

 

Respectfully,
James Sexton

Divorce All-Stars: Jerry Hall & Mick Jagger

According to rock and roll legend, this rockstar divorce all started when Mick chased Jerry around a ping pong table at a party in 1976. Jerry’s then-fiance Bryan Ferry kicked very married Mick out of the party and a year passed before they saw each other again. Mick, still married and Jerry, still engaged fell in love during a clandestine vacation in Morocco because when you’re a married rockstar courting an engaged supermodel, theatre tickets and Italian reservations just won’t do. What followed was a highly publicized romance full of passion, cheating (allegedly), world tours and magazine covers.

In 1990, after two kids and quite the rollercoaster of a relationship, they made things official — err, “official” — in a traditional Balinese Hindu ceremony that wasn’t exactly legal. They lived as husband and wife and had two more children before things came to a head when Mick got a Brazilian model pregnant. Jerry had enough of his cheating and filed for divorce in 1999, but all was not so straightforward.

Turns out that Balinese wedding wasn’t so official and Mick and Jerry had actually been living ascommon law husband and wife. Mick contested the legality of the marriage with this quite large loophole and they were granted an annulment instead of a divorce. Jerry walked away with an amount estimated to be between $15 million and $25 million, a fraction of Mick’s alleged $325 million fortune.

You might think things get pretty awkward any time they cross paths now, but that’s not the case at all! Mick and Jerry are quite civil and see each other often at family get togethers and Hollywood soirees. This all could have gone very TMZ when you think about the moving parts of this story — rockstar, supermodel, Balinese marriage, lots of alleged infidelities, etc., but instead it turned out to be a best case scenario split.

Have a question about divorce? Leave it in comments below, tweet to me, email me, phone me— Let’s talk.

Respectfully,
James J. Sexton

Divorce Lessons From the Real Housewives of Orange County

Everyone has their favorite nutso reality wives, and the Real Housewives of Orange County are (one of) mine. Each season is chock-full of WTF-ery, and this season’s no exception. Not only are they full of drama, silicone and alcohol, but they’ve also been keeping us divorce lawyers busy for ten seasons now. Just how many divorces have these ladies left in their wake? Let’s take a look.

Vicki Gunvalson – 2

Tamra Judge – 2

Alexis Bellino – 1

Gretchen Rossi – 1

Shannon Beador – 0

Heather Dubrow – 0

Jeana Keough – 1

Lauri Waring – 2

Lizzie Rovsek – 0

Lydia McLaughlin – 0

Lynne Curtin – 1

Jo De La Rosa – 0

Quinn Fry – 1

Tammy Knickerbocker – 1

Peggy Tanous – 1

Kimberly Bryant – 0

Meghan King Edmonds – 0

That’s a total of 13 divorces! That’s a lot of summer homes, European vacations, and botox parties for my Californian colleagues. A lot of divorces yes, but none should be seen as anything but a learning experience, especially for viewers. Here are some important lessons we can learn from those spray-tanned, bejeweled top wearing, medically “enhanced” housewives:

1. Be honest about, and in the loop regarding your finances.
Lynne was blindsided by an eviction notice and a shocking confession from her husband regarding their dwindling bank accounts. Do not be Lynne. Do not assume bills are being paid and all is right with your family’s books. Even if you’re not the breadwinner, there is no reason you shouldn’t be totally on top of your family’s finances. Know your bills, know your bank accounts, know what’s coming in and what’s going out.

2. Divorce should be an option.
This season we’ve got a front row seat to Shannon’s marital troubles. From couples retreats to staged fake funerals, Shannon and husband David are really trying to save their marriage. Shannon keeps insisting “divorce isn’t an option.” Well, she doesn’t have to take it, but it should at least be an option. If they cannot make it through their problems, there is no reason they must stay together. It is a myth that staying together is better for the kids. Giving the kids a healthy, emotionally balanced household, or households as it were, should be the top priority. Screaming matches, miserable parents and growing resentment are all perhaps much worse than the divorce Shannon refuses to entertain.

3. Have a prenup! 
Vicki’s messy divorce from Don dragged on and on as they hammered out the details of their split, including the fight over spousal support. Not having a prenup can really cost you, as Vicki found out the hard way. Prenups don’t “ruin the romance,” they prepare you for the future because this is real life, not a fairytale. If your prenup never becomes applicable, great! If it does, you’ll thank yourself for having the safety net.

4. Don’t date Slade. Just don’t. Don’t.
Even if you had a time machine to take you back to his Amex- Black-Card-literally-setting-money-on-fire-with-idiotic-collectibles days from Season One it’s just not worth it. Just ask Jo who, you may have noticed, is now, post-Slade, far more likely to actually need that ridiculous maid costume for work as a real maid.

5. If financially possible, don’t live in the same house once you’ve decided to break up.
Jeana lived with Matt long after they decided to split. It was awkward and prevented Jeana from moving on with her life. When you split, hit the bricks if at all possible. Start fresh somewhere new, or have your ex-partner do it.

6. If it’s important to you, fight for it. 
Whether it’s the house, custody of the kids or the dogs (looking at you Gretchen), or anything else that means the world to a you, don’t give up the fight. Tamra had a bitter, drawn out custody battle with Simon that left her in tears throughout many episodes. But she kept fighting, and according to interviews she’s pleased with the final result.

7. The third time might just be the charm. 
One divorce may not be enough to get long lasting happiness; sometimes it takes two. Lauri, Vicki and Tamra all seem to have found love the third time around. While Tamra and Lauri went through with a third wedding, Vicki seems to be happy just living with Brooks (for the purposes of this lesson, please ignore all the Brooks turmoil, nod your head in agreement, and move onto the next lesson).

8. Don’t lose yourself in your marriage. 
If the housewives can teach us anything, it’s that keeping a sense of self is paramount to happiness. Design that jewelry, swimwear or dress line. Take a job on the “news,” start a wine club or develop a line of vodka. Whatever it is pursue your interests and if you can turn that pursuit into a paycheck, all the better for your post-divorce life!

9. If you’re having relationship troubles, don’t sign up for a reality television show. 
In no way will it help. Look at the dozens and dozens of reality divorces that preceded your relationship troubles. You are not somehow different from them. That kind of magnifying glass could shake up even the strongest of relationships. Pop the popcorn, change into your pjs and get comfy on the couch. It’s much better being on this side of the TV.

What valuable marriage and divorce lessons have the ladies of the OC taught you? Tweet me or leave it in the comments below!

Divorce All-Stars: Demi Moore & Bruce Willis

There are a lot of mistakes you can make while in the process of getting a divorce. Let’s face it: your negative emotions probably own your life, and you’ve started some not-so-great habits like having your first end-of-the-day glass of wine at 2 pm … It’s a recipe for disaster.

A good divorce attorney will help you avoid some of those mistakes, and in the spirit of being good at my job, I wanted to zoom in on couples who—although they’ve had very public divorces—have actually managed to make mostly good decisions and thus do minimal damage to themselves, their reputations, and probably their wallets as well.

Of those celebrities who have set a decidedly good example of divorce, Bruce Willis and Demi Moore are one of the classics.

Willis, best known for his roles in Die Hard and The Fifth Element, and Moore, known for films likeGhost and GI Jane, married in 1987, and had three children together. They divorced in 2000, for reasons that were never discussed publicly (this in itself was a hugely good decision on the part of both people).

Rumer, their oldest daughter, has been quoted as saying she is “so thankful and grateful” that her parents made such an effort to be civil, and keep things out of public eye. “I never had to split up vacations or split up birthdays,” said Rumer. “They always made an effort to do all of the family events still together and made such an effort to still have our family be as one unit, as opposed to two separate things, which I think really made an impact.”

The proof is in the pudding, as they say. There are virtually no negative comments, photos, or statements floating around out there in the media from either of the divorcees, meaning they really kept their mouths shut and did what was right for the kids and themselves. (After so many years in this business, I know that no matter how “amicable” a divorce is on the outside, there’s always hurt behind the scenes—nobody gets away scot-free.) There are also no photos of drunken rebound partying, no quick marriages to new people, no publicity stunts or strategic talk-show appearances directly associated with their divorce; they pretty much just got on with things and ignored the gossip mill, much to their benefit.

 
You do, however, see plenty of photos of the “one unit” family that Rumer Willis talked about, going on vacation with new partners and all. Whatever willpower it took those first couple of times, major kudos to Moore and Willis for pulling it off. And you can imagine it has lots of benefits, if you can actually get along with your ex’s new partner.

The persistent stereotype that divorce lawyers are more interested in increasing conflict than helping “cooler heads” prevail is understandable. Divorce lawyers get paid to fight.  We simply don’t get paid as much when people get along. To suggest that this means we are all, as a profession, interested in banging the war drums is simply inaccurate.  Oncologists don’t get paid when people don’t get cancer – but they aren’t looking to give people cancer or hoping that the cancer spreads so they can buy into a nicer share in the Hamptons.

Divorce attorneys are actually in a position to support genuinely amicable arrangements if the divorcing parties are interested in doing that. We’ve been on both sides of nearly every co-parenting issue two people can dispute and we can give you solid advice on how to lower the level of conflict and become not only a cooperative co-parent but a proactive co-parent: quashing conflicts before they happen and anticipating issues that might, if left unattended, cause short or long term upset between otherwise amicable parties.

There’s an old saying in divorce law: “Elephants don’t marry Zebras”.  Both Bruce and Demi (and the family law attorneys who advised them) deserve a round of applause for the family life they worked to create for their children.  I’m sure it wasn’t always easy but the rewards were likely well worth the challenges. In a world where divorces and custody disputes can be brutal – it’s nice to see a family doing it well.  Gold star for the Moore/Willis clan!

Have a question about divorce? Leave it in comments below, tweet to me, email me, phone me—I’m all ears.

Respectfully,
James J. Sexton

Think They're Still Together? Teen Couple Movie Edition

We had so much fun in our last installment that I thought it’d be a treat to once again use the firm’s years of experience in the world of failed romance to offer our predictions on the Romeos and Juliets of our formative years; the people who really taught us how to love — teen movie couples! Grab your popcorn and let’s go for a walk down Romance Lane…

She’s All That – Laney & Zack

Still together? NO.
Zack and Laney came from two different worlds – a cool jock one and a loser art one. In true teen movie fashion, what started out as a bet led to true love. Zack was trying to prove to his friends he could turn any girl into prom queen and while Zack thought he was teaching Laney lessons about popularity, turns out Laney was teaching Zack about the real world the whole time. They got together in the end, but I don’t think it lasted. Zack doesn’t know which way is up, he’s a ship without a sail and eventually I think that got to Laney. That and the hacky sack. They probably made it through the summer but when it was time to head off to college Laney wisened up and kicked him to the curb.

Pretty In Pink – Andie & Blane

Blane Tells Andie He Loves Her.

Still together? NO.
Blane, major appliance, and Andie, poor person, were mismatched from the start. Blaine was ritzy and rich and Andi was poor and stricken with terminal Duckie disease, but they fell for each other against all odds, and against Steff’s wishes. Sure they showed a divided town that love knows no boundaries but they totally broke up like a week after prom. The thrill of their social subversion wore off pretty quick and they realized they had nothing to talk about. Andie was always going on about sewing and being destitute and Blane couldn’t focus on his Ferrari catalogs while she was yapping away. So, they broke up, Duckie came out and Steff murdered a prostitute.

Clueless – Cher & Josh

Clueless movie clips: http://j.mp/1L8aAwy BUY THE MOVIE: http://amzn.to/txdI1P Don't miss the HOTTEST NEW TRAILERS: http://bit.ly/1u2y6pr CLIP DESCRIPTION: Josh (Paul Rudd) asks Cher (Alicia Silverstone) how she feels about him and they share a kiss. FILM DESCRIPTION: Jane Austen might never have imagined that her 1816 novel Emma could be turned into a fresh and satirical look at ultra-rich teenagers in a Beverly Hills high school.

Still together? YES.
Would Cher and Josh break up? As if. (See what I did there?). After playing cupid to set up two of her teachers, Cher turned her attention to more trying charitable work by making over tragic fashion victim Tai. In the process Cher chipped through the veneer of her superficial personality, found herself and accidentally fell for her own grunge listening, save the whale protesting, college liberal stereotype of a step-brother. Woopsie.  Odds and social convention may have been stacked against them, but I think they made it. Cher grew up to be Elle Woods and probably joined her father and Josh in the family litigation business. Cher still has her ditzy side but Josh finds it endearing. And Josh’s veganism became less annoying, and more of a fad so Cher hopped on the soy wagon. They bicker and get on each other’s nerves, but there’s a solid foundation there.

Sixteen Candles – Sam & Jake

Still together? NO.
Sam and Jake got together after Sam’s whole family forgot her birthday and a lot of questionable, often racist things happened at a school dance and house party. Sam’s unrequited love was finally, um, requited thanks to Farmer Ted’s matchmaking skills. Sam and Jake shared a tender kiss over birthday cake and a million girls’ hearts exploded all at once. But did their love flourish? Maybe for the rest of Jake’s senior year, but after that, probably not. But what a year it was! Homecoming, winter formal, and prom were, I am sure, wonderful experiences. Then Jake split town for college and Sam basked in the warm glow of her hard earned popularity for another two years of high school.

Empire Records – Corey & AJ

I DO NOT OWN THE RIGHTS TO THIS MOVIE.

Still together? NO.
It was hard for Corey to realize she wasn’t in love with Rex Manning and that she was in fact in love with sensitive artist AJ, but she got there in the end. And really, what better way to bounce back from total humiliation at the hands of sexy Rexy than having AJ profess his love on a record store rooftop? But did it last? Nah. Corey and AJ moved to Boston where Corey obviously developed a cocaine problem to cope with Harvard stress. AJ dropped out of art school after one semester, hitchhiked to Portland and founded a radical yarn bombing collective. Corey suffered several nervous breakdowns but eventually became a doctor and on slow nights in the ICU she gazes off into the distance and thinks of AJ and what he’s up to. He graffiti knits on lampposts, Corey. He’s happy and thinks of her often.

10 Things I Hate About You – Kat & Patrick

How to get a girl stop being mad at you - A TRIBUTE TO HEATH LEDGER :(

Still together? YES.
Bianca Stratford could only date if her uptight, ornery sister Kat did. New kid Cameron wanted to date Bianca. What’s a teen to do? Scheme of course. Cameron paid rough and tumble bad boy Patrick to woo impossible Kat, and wouldn’t you know it, it worked and along the way Patrick fell for Kat. Did they make it though? Yes. Kat and Patrick moved to New York after graduation and continued to have an on-again/off-again relationship for the rest of their lives. There are probably kids in the mix now that are raised on a steady diet of riot grrrl and unpasteurized milk. Begrudgingly they left the lower east side to move upstate to Rosendale or somewhere so Patrick could have more room to sculpt and Kat could have a proper writing room for her poetry. No one knows how the bills get paid but they do. Every six months or so there’s a big bust up and Patrick leaves for a few weeks, but he always comes back and the cycle begins anew.

Can’t Hardly Wait – Amanda & Preston

Can't Hardly Wait movie clips: http://j.mp/1JanwQl BUY THE MOVIE: http://j.mp/SVBTvy Don't miss the HOTTEST NEW TRAILERS: http://bit.ly/1u2y6pr CLIP DESCRIPTION: At long last, Preston (Ethan Embry) fulfills his destiny and makes a move on Amanda (Jennifer Love Hewitt).

Still together? YES.
Preston loved Aman-DUH from afar for years. Finally, finally, finally he had the guts to tell her, in a letter, at movie history’s most wonderful and unrealistic high school party. The movie’s end credits told us “they are still together,” and while I find that a little questionable, who am I to argue with stone cold credits facts? They totally had a Barry Manilow cover band play at their wedding.

Drive Me Crazy – Nicole & Chase

Still together? NO.
Nicole and Chase were good friends until puberty and the cutthroat world of social climbing hit the scene. But one fateful day before the centennial dance, Nicole and Chase joined forces to trick two other students into loving them. It worked, but Nicole and Chase fell for each other during the process. Then their parents announced they were in love and moving in together. That’s odd to say the least. Girlfriend and boyfriend is hard enough, but add brother and sister on top of that, and it’s really hard to make a relationship work. They both went off to college and grew up and now make awkward eye contact over the Thanksgiving table.

Never Been Kissed – Josie & Sam

Still together? YES.
Sure Josie and Sam’s relationship was forged on a lie where the false circumstances actually made the burgeoning relationship really, really wrong. But Josie fessed up and explained she wasn’t in fact a high school senior, she was an adult woman reporter undercover, and their illegal and frankly very gross flirtation was actually totally cool. It’s hard to get past the original circumstances though isn’t it? He was a teacher; she was a high school student. It was totally and completely inappropriate no matter how ~mature~ and smart and interesting Josie was. Sam is the real grossie in this story, huh? Anywho, are they still together? Yeah. Once you get past the yuck, bleh, and ew beginning and they’re both legal adults, they are really sweet together and I think they made it.

Respectfully,

James J. Sexton

Divisible With Liberty & Justice For Both

What a great time to be an American! After last week’s historic Supreme Court rulings, there’s so much to celebrate, including not having to pretend you’re Canadian while on vacation in Europe! And while the Fourth is traditionally full of flag waving, hot dogs and fireworks, I like to think in addition to being psyched to be a free American, it can also be a time to reflect on hard fought personal freedoms — you know, the divorced kind! Divorce often doesn’t come cheap, but the independence gained can be priceless.

Divorce is not just the dissolution of an old contract, it’s also the time when you and your ex sign a new contract buying your freedom and independence back from each other. The two of you are basically the Jefferson and Franklin to your marriage’s King George, cutting ties and forging ahead into the great unknown. As Gerald F. Lieberman aptly said, “Divorce is a declaration of independence with only two signers.” Try to agree beforehand who is Jefferson and who is Franklin, it makes for an easier signing process (may I recommend whichever one of you has the better hair be Jefferson).

Don’t get me wrong, embarking on this new freedom can be scary, as it is the unknown. But just like that stuffy room full of men in pantaloons, you must charge ahead, throw caution to the wind and grab hold of your future.

Pen in hand, you might feel like a baby bird, tiny and terrified to leave the safe comfort of the devil you know (not that your soon to be former spouse is the devil, but you know what I’m trying to say). It’s ok, baby bird, harness the bravery of our forefathers within yourself. Set pen to paper and embolden yourself by humming in your head, or ideally, playing out loud George Michael’s “Freedom ‘90.”

George Michael's official music video for 'Freedom! '90'. Click to listen to George Michael on Spotify: http://smarturl.it/GeorgeMichaelSpotify?IQid=GMFree As featured on George Michael: Twenty Five.

Squiggle out your signature and say “Hello future! It’s great to see you! I look forward to the freedoms I will enjoy though I know it might be a hard road! But at least I’ve got air conditioning, gps and modern medicine, so already I’m sort of ahead of those forefathers and it worked out pretty ok for them!”

Unlike all those rom-coms that ingrain the belief that you need another person to complete you (Jerry Maguire even went so far as to make “you complete me” a catch phrase – UGH.) you’re going to do just fine on your own. You’re strong and capable and life is too short to while away in an unhappy marriage. A bunch of dudes got together and decided they wanted to be free, and to do so they had to declare war against a king. War! A king! That’s no small potatoes. All you have to do is call up a qualified lawyer such as myself. So let’s get going and let’s let freedom ring.

Happy Fourth, folks!

Respectfully,
James J. Sexton

Think They're Still Together? TV Sitcoms Edition

Did you watch so much TV as a kid that sometimes you can’t remember which are your own memories and which belong to Greg Brady? No? Just me? Fair enough. After decades of inviting TV families into my living room, I’m really invested in their everlasting happiness. Sure they’re fictional, but their stories don’t have to end after a series finale. Not when you play my favorite game: hey, think they’re still together?

After facilitating the demise of unhappy marriages for over a decade, we at the firm have developed an eye for spotting which couples are solid and which are likely to end up in our office. Call it a blessing or call it a curse, just please don’t call to invite us to your next party only to make predictions about your neighbors. This game can get ugly when played in real life so let’s just stick to the tube, shall we?

The Nanny – Fran and Max

Still together? NO

When last we saw the Sheffields, they were moving to California with their newborn twins and Grace. Were they destined for that Bower-Micelli brand of marital bliss? They sure started out in a similar setup, but no. Things were fine in California for a while, but then Max’s sitcom got canceled. The economy tanked and Max struggled to make a mark on the LA theatre scene. Deep down, Fran still held a grudge over that first time Max said he loved her then took it back and would bring it up during fights over money. Then tragedy struck — Loehmann’s closed. Fran fell into a catatonic state, the house got foreclosed on and Max split back to England leaving Grace to care for Fran and the twins. Every so often you can catch Grace wheeling Fran around a Nordstrom Rack in the Valley and if you listen carefully you can here Fran muttering “It’s not the same…” over and over.

Who’s the Boss – Tony and Angela

Still together? YES

We never got to see Angela and Tony get married, but I think we can all agree they did. Angela was a modern woman, leaning in from day one, and perhaps would have been happier with a long lasting partnership never officially recognized by the government. But Tony was a different story. His strong Italian Catholic roots likely had him insisting on marriage. Angela probably made some wry quip about how they’d been living in sin for eight years so what’s the difference? Tony probably called her Ang and explained how much it meant to him. Angela probably said oh, alright and they hugged while music swelled and the scene faded to black. I’m sure the wedding was at the house. Jonathan was best man. Sam was maid of honor. Mona officiated. It was beautiful! Oh yeah, I guess Billy was there too. But did they last? Yes. Their love developed over time. They started as friends first. They figured out how to live together and how to raise their kids together before romance ever entered the picture. They worked hard at balancing out a power struggle in a unique situation (A man! As a housekeeper! A man!!). So yes, the Bower-Micellis are most likely happily retired in Connecticut right now.

The Cosby Show – Sondra and Elvin

Still together? YES

We’ll just leave the Bill Cosby controversy over there on the other side of the room while we talk about the only Cosby Show relationship that really mattered: Sondra and Elvin. Mismatched from the start, right? How did they even get together? Sondra was driven, responsible and no nonsense. Then Elvin came into her life. You remember Elvin? The misogynist who talked Sondra into dropping out of law school to open a wilderness store because their camping honeymoon was so fun? Yeah, why not throw away everything you worked for on a whim? A wilderness whim! Later on they had twins and got their heads back on straight and both went back to school. But did they last? Yes. Why? Because they had busy careers, outsourced their childcare and never saw each other. It was easier to stay married than get divorced and they got to live their lives happily and separately.

Mad About You – Paul and Jamie

Still together? NO

In the finale set years in the future, the Buchmans were separated. Love’s rekindled at daughter Mabel’s film screening and we’re told they lived happily ever after. But did they? Paul left Jamie for being “unkind.” I don’t think you can ever truly come back from that, spark or no spark. That’s a shot right to the gut not a lot of people could move past. I’m sure they tried to make it work for a while but ultimately there too much pain and resentment there.

Family Matters – Harriette and Carl

Still together? NO

The odds were really stacked against the Winslows. Both had stressful careers, Carl an overworked Chicago police officer and Harriette, once an elevator operator, then head of security, then head of sales. They had a full house — three kids, a widowed sister, a nephew, a mother and later on an orphan named 3J. How could any marriage survive with that many people around? Then there was Urkel who was always barging in, practically destroying the house with his bungled inventions, and endlessly annoying everyone he, or his alter ego came in contact with. Urkel’s constant presence in the Winslow home could not have been healthy for the marriage. Taxing jobs, an overflowing house, and the world’s worst neighbor: a recipe for marriage disaster.

Boy Meets World – Cory and Topanga

Still together? YES

Do we even need to talk about this? Yes, they stayed together. Duh. Next!

 

Family Ties – Elyse and Steven

Still together? YES

What a kooky liberal pair. They made it through the Reagan eighties intact so they’d be able to make it through anything. And with Alex off on Wall Street, Mallory married off to Nick, Jennifer well on her way to Oberlin and Andy fading away into thin air as he was a figment of everyone’s imagination (a real child cannot age five years in the span of one season, clearly he was an apparition all along), Elyse and Steven had the time and space to recommit to each other. Boy did their love flourish in those Clinton years.

Saved By The Bell – Kelly and Zack

Still together? NO

What a fairytale! High school sweethearts turned college newlyweds! What could go wrong? Everything! Zack kept scheming his way through life, and while the entrepreneur lifestyle was fun for a while it ended in trademark infringement and a brush with securities fraud. While Zack avoided jail time, he did lose the house and both cars. Then to top it off, drunk one night, Zack confessed he had the ability to freeze time, a secret he’d been keeping for his whole life. Kelly was furious. They were supposed to be partners! They were supposed to tell each other everything! She packed up the kids and headed to the Midwest hoping to find a good wholesome man with a stable job, a strong work ethic, no magical powers and a reasonably sized cell phone.

The Office – Dawn and Tim

Still together? YES

Arguing which version of The Office is better is a debate for another day, but it’s pretty clear Dawn and Tim lived happily ever after. Another slow building relationship, Dawn and Tim were friends first. They bonded over miserable jobs and everyone knows misery brings people together more effectively than anything good can. Maybe they settled in Slough or maybe they made their way to a better city to live out their dreams. Who knows, but I’m sure wherever they went, they went together.

 

Respectfully,
James J. Sexton

 

Same-Sex Divorce in New York State

Just like Nirvana and Nine Inch Nails, I was into LGBT law WAY before it was cool. When the firm opened our doors in 2002 we were among the first in New York to seek out LGBT clients and to help educate the public regarding the myriad of complexities facing same-sex couples seeking to dissolve their relationships. We held poorly advertised, yet packed seminars on “Gay and Lesbian Legal Issues” at an Episcopal church. We handed out purple balloons with the firm’s logo at the first Rockland Pride event in Nyack, New York.

Back then, when a same-sex couple was dissolving their relationship the Courts weren’t sure what to do. Some Judges applied simple property theory (“Whose name is the house in? Okay…it’s his house.”) Some Judges applied strict contract principles (“Who provided the funds for the house? Was there a written agreement? Okay…it’s her house.”)

Some avant garde Judges applied the Business Corporation Law and tried to treat the failed relationship like a two partners splitting up a business (“Who paid for the house? Who fixed up the house and kept it maintained Who tended to the rose garden? Okay…they’re splitting it 50/50″). Some Judges just scratched their heads and wistfully pondered the prospect of retirement and the promise of yelling at children who dare step on their lawns.

I remember arguing a custody case for a transgender client who didn’t want to face an impossible choice: lose your children or lose your authentic self. I had to explain the difference between a transsexual and transgender to literally every individual working on the case (the Court Officers, the Court reporter, the Judge, the attorney appointed to the children) and I didn’t have Caitlyn Jenner to help explain.

We were into LGBT law back when it wasn’t even a thing to be into. Now there are whole firms that focus, and advertise primarily to that market. Oh, the times… they are a’ changin’. I remember speaking at the “Lavender Law” conference at Fordham Law School back in 2005 on a panel regarding mediation and alternate dispute resolution for same-sex couples. I warned those in attendance of what a “roll of the dice” taking a same-sex case to court was in the then- current cultural climate. I ended my presentation on a hopeful note. I told the attendees that same-sex marriage was coming. In our lifetime. It was inevitable.

There have been many recent victories for same-sex marriage, with the institution now recognized as legal in 36 states (although there is plenty of variation on how it works, and some states have flip-flopped on the legality over the years).

Seventy percent of Americans now live in a place where they can legally be married to someone of the same sex, a fantastic step towards equality. Here in New York, same-sex marriage is legal, which means same-sex partnerships should enjoy all the rights and privileges heterosexual couples do, including the right to divorce if need be.

Same-sex divorce is certainly less talked about in the media, because who wants to be the Debbie Downer at the party? Hooray, what a great day for America! By the way, after all that joy and celebrating and the vows and the big party and gifts and everything, don’t forget, divorce is also now part of your equality, if and when things go south! Less celebratory, sure, but it certainly
doesn’t make sense for same-sex couples to be trapped
in unhappy marriages.

Divorce as an Equal Rights Issue
Marriage and divorce laws vary state by state of course, but basically they’re pretty similar for hetero couples. This means if you get married in New Hampshire, move to Washington state, and settle down in Arizona and want to get divorced there, your rights as a married couple were essentially identical throughout that whole journey, as one would hope.

But same-sex partnerships face uncertainty because same-sex marriage is still legally very new. Because it is recognized differently in different states, how to get divorced where you currently live —or in a state where it was legal but now isn’t—can be a problem. How can people divorce if they’re not recognized as married? If you can’t easily obtain a divorce, how do you move on with your life? Particularly if it’s not an amicable split, how do you enforce the equitable division of assets and deal with custody arrangements?

Going even further, how can the length of a relationship be defined in places where same-sex couples were waiting for marriage to be legalized in their state? On principle it seems that time should be counted when determining equitable division of assets based on the time spent in a marital relationship—even if it wasn’t legal marriage.

Divorcing for Nontraditional or Same-Sex Couples
As states are still get their footing and new laws are enacted, in all likelihood you’re going to have more red tape and hurdles than heterosexual couples have. Thankfully, rockstars like Susan Sommer are making huge inroads. She championed legalizing divorces of same-sex couples who had been married in other states where same-sex marriage wasn’t previously legal. Until there are dozens of Susan Sommers around the country paving the way for streamlined same-sex divorce laws, it’s important you be prepared for what might be more complicated proceedings compared to your heterosexual divorcing counterparts.

The climate is changing – as highlighted in this year’s NYC Pride theme: Complete the Dream – and in fact just last week the Texas Supreme Court upheld a same-sex divorce despite the fact that the state does not (yet!) recognize same-sex marriage. A day will come when it sounds strange for a lawyer to make a distinction between “gay divorce” and “heterosexual divorce.” Our children’s children won’t remember a time when two men or two women in a marriage was relevant to anything other than what pronouns you used in your arguments.

Until then it’s a good move to trust your case to a firm like mine, that has handled a large number of same-sex dissolutions and divorces. A firm that was “into” LGBT legal issues before it was cool.

Happy Pride Week!

 

Respectfully,

James J. Sexton

The Five Stages of a Break-Up: The Playlist

Breakups are hard. Divorces, even the friendliest ones, can be like breakups on steroids.

That first love who broke up with you two weeks before prom – that hurt – badly. Now imagine she took your house or you have to see him every week when he picks up your kids who tell you about his new girlfriend “Kiki” who used to be their babysitter.

Luckily, there’s pop music to help guide us through the five stages of grief as defined by Elisabeth Kübler-Ross (the Kübler-Ross model — not just for death anymore!). Yes, that’s right. You can turn your pain into one epic musical reenactment.

Denial
This can’t possibly be happening. No Doubt’s Don’t Speak speaks to you on every level. Karen O’s pleading in the Yeah Yeah Yeahs’ Maps hits you in the gut. Maybe this isn’t happening. Maybe this is all a terrible dream. Maybe we can fix this if we just ignore the situation for the rest of our lives. Maybe denial isn’t just a river in Egypt, maybe it’s a coping mechanism you’re using to keep from shattering into a million pieces.

Anger
Denial gives way to anger because who do they think they are dumping you? How dare they?! You howl along to Justin Timberlake’s Cry Me A River. You pogo to The Clash’s Train in Vain and pray no one ever, ever sees you dancing like this. You drink two gallons of wine and clear an entire karaoke place with your rendition of Alanis Morissette’s You Oughta Know. Sullen and alone you do The Supremes’ You Keep Me Hanging On as an encore. You try to hail a cab by bellowing Fiona Apple’s Criminal. No cabs stop for you. You cannot remember how you get home.

Bargaining
The hangover is bad. The anger has given way to desperation. Maybe they’ll take you back. Maybe there’s some sort of deal you can work out with the universe. Please Please Please, you beg along with The Smiths. Stay, you implore along with Lisa Loeb. When Can I See You, you blubber with Babyface. You force yourself out of the house. You look terrible.

Depression
You pick up take out. You see a familiar silhouette through the window at the bar on your corner. Only, it’s not one silhouette, it’s two. It can’t be. Oh you’d rather poke out your eyes than be witness to this. I’d Rather Go Blind by Etta James carries you home the rest of the way. You unpack your dinner. They gave you two forks. Two. Welcome to depression. You’re Crying with Roy Orbison. All Saints knows you’ve Never Ever felt so low. Blur knows there’s No Distance Left to Run. You Fall to Pieces with Patsy Cline. For your own safety you steer clear of more Smiths but can’t stay away from The Cure. You cry and cry listening to Pictures of You on repeat. During the first few bars of Roxette’s It Must Have Been Love, your neighbor knocks on your door to check that you’re alright. You promise them you’re ok but Bonnie Raitt’s I Can’t Make You Love Me begs to differ. You fall asleep to Love Is A Losing Game by Amy Winehouse.

Acceptance
Morning has broken. A sliver of light is peaking through the blinds. A new day has begun. You’re crawling out from under the depression/duvet and you feel almost alive again. You stand up. You feel the tiniest bit lighter. You stand up a little straighter. Katy Perry starts singing Roar and you think about putting on a flower crown, but it’s a Monday and you work in a bank not a beer stand at Coachella. You walk to the office. Gloria Gaynor’s I Will Survive echoes in your head. Charli XCX’s Breaking Up puts a spring in your step and you realize you’re better off without them.Your head is clearer. You want a sandwich. The journey is complete.*

**The journey will take longer than a weekend. The journey has been edited and condensed to give you hope that you won’t be miserable for six months to two years.**

**You may be miserable for six months to two years. The hope may be a lie.**

Respectfully,

James J. Sexton

About the Disney Princess Divorce Open Letters

Dear Friends,

For those of you who faithfully read the Disney Princess Open Letters, thank you, and I hope that you were mildly entertained. I think it’s important to stress that my purpose in writing them was not to demonize any of the Disney Princesses per se, but rather to use them as really interesting case studies for understanding how divorces can get ugly, and what you can do to stop that happening, or at least limit it. It helps that the Disney franchise is more or less built on shaky marriages, but that’s another story for another time.

I also wanted to draw attention to some of the common issues that normal, non-animated people face as they prepare for a divorce: what to pay attention to, what to look out for, how to get your ducks in a row so you don’t get screwed.

I admit I also enjoyed thinking up what life would be like if the Disney princesses had “real” marriages, or ones that could have realistically resulted from what the movies depict. It just makes them more likable somehow.

Those of you who read will have noticed that I took some liberties with the princesses and their “happily ever after” lives. For those people to whom it’s important that the princesses and their princes stay happy forever and ever, I hope I haven’t offended you with my interpretation. I also hope you remember me when you decide it’s time to file for divorce because your own Prince Charming is buggering the scullery maid. Just kidding. That’s isn’t going to happen to you.

Also, don’t forget all the ones I didn’t write to; in large part, the princesses who didn’t appear are the ones I think might have figured out how to make it all work. Pocahontas? She didn’t get married in her movie, but I’m betting she’s marriage material. Mulan? She’ll find a nice man or woman to be with and live realistically ever after. There’s even hope for those Frozen kids. (Hey, I have kids, I know my Disney movies.)

For legal reasons, I need to point out that the Open Letters are not in any way affiliated with Disney, or Disney World, or even Pixar. I am strictly my own man on this front. A man who likes writing to Disney princesses.

In a way, it’s bad for my profession that the Disney empire is gradually learning to set a better example for kids about marriage maybe NOT being the ultimate goal of life. In another generation or so, I’m guessing the legal profession will take a bit of hit as kids stop internalizing the fairy tale idea that love conquers all, a gem that drives adult people through the first, sometimes second and even third marriages before it dawns on them that, no, actually, it doesn’t.

But thanks for keeping me in suspenders, Disney—for now.

I should also note that while I haven’t yet counseled any actual princesses, I have represented and counseled a lot of people who had essentially identical problems, minus the talking mice. If you found a smidgen of relatability in anything I’ve said and you want to find out what your options are, I’m available for that.

And if you think I went a little hard on Ariel, don’t be intimidated. She did get her divorce in the end, and while she didn’t walk away minted, she did get to keep all her thingamabobs.

Respectfully,
James J Sexton

An Open Letter to Princess Jasmine: Don't Get Taken for a Magic Carpet Ride

Dear Princess Jasmine,

I’m a little more pleased than I like to admit that I’m becoming the divorce attorney of choice for the Disney princesses. I’m glad that Cinderella referred you, that you’re happy enough to allow me to share your situation with the public, and most of all, that you’re leaving the ranks of the Real Housewives of Disney for something more fulfilling. My congratulations to you on that, and let’s begin.

Intelligently—and this doesn’t surprise me, Princess Jasmine—you arranged for a prenuptial agreement before your marriage to Aladdin. Thank you for including a copy of said prenup, which, as you informed me, does indeed ensures that in the event of divorce you will of course keep everything that you had before you married Aladdin, regardless of how those assets may have been shared during the marriage. That means no problem keeping the palace, your pet tiger, and your various royal riches. Ace. Your prenup also stipulates that as long as the sum of your assets are substantially greater than Aladdin’s, upon your divorce he’ll be provided with a monthly allowance, so that he isn’t forced to go back to the streets, begging and stealing. All very generous.

However, you came to me with a problem that you didn’t foresee at the time you wrote the prenup, and that’s what I’m really here to advise on. The problem is that Aladdin’s assets now might actually exceed yours—and by his “assets,” I’m referring now to the income from Aladdin’sillegitimate business, which, contrary to what you expected to happen, has grown exponentially since you dragged him out of poverty. Over the years, Aladdin has used his improved financial situation along with his natural talent as a con man to rise through the ranks of Agrabah organized crime. He is now an extremely powerful, and extremely well-paid, professional criminal. Tax-free. And now he wants to cash in on the spousal support from you as if he has no other income. Not with me as your lawyer.

This is how what we’re going to prove what Aladdin’s actual earnings are, rather than relying on tax records to tell the whole story.

Lesson 1: Show that the numbers don’t add up.

First, all the bills—mortgage, car payments, bank statements, credit card bills and what have you—need to be examined, and subpoenaed where necessary.

Once we have all this, we can probably show fairly easily that what Aladdin was spending, and what you were giving him from the palace accounts, don’t match up—essentially, that if Aladdin’s expenses were 10,000 gold coins per month and his royal allowance was only 6,000 gold coins, then he had another 4,000 gold coins coming in from somewhere.

Lesson 2: Find out what he’s hiding from you.

Considering Aladdin’s history of conning people. That in mind, I’m sure he’s been conning you, too, Jasmine—if there’s one thing I’ve learned in this business, it’s that Disney princes never change. (It’s true; very little character development for men in Disney films.) Once a con man, always a con man, so it’s time to uncover his hidden treasures.

(I’m not talking about what Aladdin’s really been doing when he locks himself in the bathroom and says he’s “rubbing the lamp”—I’m talking about his hidden assets.)

We can subpoena bank statements in Aladdin’s name that might contain money he’s not reporting, and that you might not know about. We can also do a public records check to find out about any reported assets he hasn’t told you about, as well as any that pop up in the names of his friends, like the Genie. This is how we figure out where and how Aladdin has been siphoning off the palace fortune to purchase assets (which technically belong to you or both of you). You might be about to win treasure you never knew you had, Jasmine.

If you can enlist mutual friends to help with the search, you might consider it. Abu has been at Aladdin’s side for years, vastly unappreciated too, and he knows where the bodies are buried—I would start there.

Lesson 3: Argue for Aladdin’s earning capacity.

Even though your “diamond in the rough” turned out to be a con man in the truest sense, there’s a potential silver lining in that you might be able to use Aladdin’s con artist skills—his charisma, selling ability, his political charm—as reasons why he is extremely employable and is not and should not be, as he claims he is, entirely dependent on your wealth in the event of your divorce. At this point, we’re not arguing for his financial or property assets; we’re really discussing his skills as assets in themselves.

The Genie, oddly enough, is also a sort of asset for Aladdin; we might be able to argue this. While technically not Aladdin’s property nor indebted to him any longer, the Genie remains a powerful being who can make things happen for Aladdin (and, from the sounds of it, frequently does). Your husband is a man whose best friend has the ability to turn paupers into princes—does he really need monthly support payments from his ex-wife? Let’s discuss.

The great thing about your situation, Jasmine, is that you thought ahead, and you’re not going to get as screwed in this divorce as most of the Disney princesses will, because you got a prenup.

I hold you up as a shining example for married people everywhere, especially women; it’s not for nothing that you were named 5th Most Feminist Disney Princess by Nerve Magazine (a high honor if there ever was one).

No genies or wishes required, Princess Jasmine, just a prenup and a good lawyer. And I won’t even make a dirty joke about your Cave of Wonders.

Respectfully,

James J Sexton

An Open Letter to Ariel: You're Going to Lose the Divorce

Dear Ariel,

Many thanks for writing to me, adding to my growing knowledge of the inner lives of the “happily ever after” folk, and giving me a chance to comment on your situation. First let me say that while I appreciate your desire to “get in on this open letter thing,” and I’m happy to provide advice on your imminent divorce, I fear you may not be happy about what I’m going to say. Still, yours is a situation that will potentially be informative for others, so here goes.

As you wrote in your letter, after two decades of marriage to Prince Eric, you’ve decided you want to divorce him. However, the facts of your life together may make it difficult for you to get what you feel you deserve, in terms of division of marital assets. You say you’d like to keep half of everything, based on the fact that you gave up your fins and your livelihood as a sea princess to be a wife to Prince Eric.

Personally, I think it’s fairly obvious that you are not going to get what you’re aiming for, for a number of reasons I’ll explain now. It should be noted that, of the reasons below, alone none of them would necessarily bar you from getting something—but taken together, they present a fairly hopeless case. (Ie. These are some pretty big mistakes; readers, take note.)

Lesson 1. The prenup should be updated and/or include an elevation clause.

You have a habit of signing your life away, Ariel, and this is what it appears you did in your prenuptial agreement. After going over the copy of your prenuptial agreement that you faxed, I can see that it does not allow for you to receive half of the marital assets, as you’ve said you want, but rather allots to you a monthly stipend (roughly equal to what you currently spend on self-tanning and pedicures). In the case of infidelity, says the prenup, you get nothing.

It would have made sense for you and Prince Eric to update the prenuptial agreement at some point in the last two decades to reflect your spending and lifestyle as these increased over the course of your marriage. It also would have benefited you to have built a percentage increase in your allowance based on the number of years spent together (known as an elevation clause) into the contract. However, you did neither of these things, so in the event of divorce you’ll theoretically be back to the monthly allowance that made sense when you were sixteen.

Lesson 2. Know what’s going on with your house finances.

Ariel, you said in your letter that you don’t deal with any of the financial matters. You know next to nothing about monthly bills and outgoings, accounts held jointly with Prince Eric, or the state of joint assets. (You did mention you keep a very detailed catalogue of your “treasure trove” of secondhand forks and spoons—unfortunately I feel this will be of little value in the divorce.) While I can help you to get hold of some of the relevant information, you’ll be in a disadvantaged position.

I’m guessing it’s rather difficult to feel empowered in a clamshell bra, but as a modern human, Ariel, you should make a point of understanding your finances. As it is now, you don’t have a leg to stand on, so to speak, when it comes to arguing for more money.

For the same reason, you should be aware of what mutual assets are in your name, if any, and if not, you should start putting things in your name—cars, summer house, what have you. Then you would be able to argue for at least these things, irrespective of the prenup.

Lesson 3: Don’t cheat.

Now we’re down to the most difficult issue of all, and the one I was indeed most surprised to see you bring up in your letter, especially one you knew would get a public response: your infidelity.

The long and short of it is that, suffering from a feeling that the “seaweed is always greener” as you put it, you’ve found it difficult to save your upgraded lady parts for Prince Eric alone. In the early years of your marriage this wasn’t such an issue—you had gadgets and gizmos aplenty, you say—eventually, you wanted more.

While you haven’t yet been caught, Ariel, you’re right to be worried that somehow it will come out—and the longer it goes on, the more you raise that risk. As for how that affects the prenup, there will be very little room to argue for a cent if there is any evidence of you cheating. Not only are you not going to get the optimistic half of everything that you want, you’re not going to get anything at all.

My advice to you, Ariel is this: Stay married, or else be ready to leave with nothing.

This isn’t advice I give often, but in your case, you have committed the golden trinity of mistakes: bad prenup, no financial involvement, and infidelity. In a phrase: You lose.

I feel for you, don’t get more wrong. The Disney franchise compelled you to get married at the age of 16, as they do. This isn’t just an epidemic of Disney princesses: getting married too young is a mistake you share with thousands. So is giving up your entire life and livelihood for another person—again, a mistake made by many people who come into my offices, usually female people.

The problem with making big commitments, like marriage, at a young age is that you believe the future will take care of itself, when in fact, it often doesn’t. That’s why, in my opinion, marriages between people over 28 are at least 3 times as likely not to end in divorce: you get to a certain point where you realize planning is important.

That’s not to say you can’t divorce Prince Eric; you can still divorce him, certainly. But you are likely to leave the marriage with, at best, a stipend, and that means a change of lifestyle.

Thank you again for the opportunity to use the hard-earned lessons of your fairytale marriage – and fairytale divorce – to educate the masses.

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

 

An Open Letter to Cinderella: How to Divorce Prince Charming

Dear Cinderella,

You might be surprised that I’m writing you this letter, considering that you are one of the world’s most prominent examples of a happy marriage. But, as a seasoned divorce attorney, I’ve learned to spot the ones whose marriages are on the way out—and frankly, Cinderella, I’ve seen that look in your eye.

You probably don’t want to admit it. You’re probably thinking, If I get a divorce from Prince Charming, will I be letting the world down? Will I be disillusioning thousands, nay millions of little girls whose dreams of finding fairy tale romance hinge on my prime example? Cinderella, we can only hope.

With this in mind, I’m going to advise you now as if you had wandered into my office, impractical shoes and all, asking “How do I divorce Prince Charming?”

Lesson One: Get a prenup.
I’m not going to sugar-coat this, Cinderella: You, like most ill-advised Disney princesses,
have been operating under the assumption that a Prince will make you happy. I’m guessing based on the fact that you were roughly sixteen when you got married, and your decision to marry was doubtless driven by a desire to escape a life of indentured servitude, you were probably more focused on racing to a life of bliss than on arranging a prenup.

Prince Charming has substantial assets, and this was probably part of the attraction. But,
as you’ll find out in the process of divorcing him, the Prince’s assets—his royal inheritance etc.—are “pre-marital assets” that you won’t have any claim to. Thus, like so many women, you were in a financially disadvantaged position at the start of the marriage, you assumed you shouldn’t ask for a prenup, and now you are at a financial disadvantage when you want to end the marriage.

This probably seems unfair, considering you’ve spent your life looking after Prince Charming and your royal children, smiling and waving when you’re supposed to, fulfilling your responsibilities, even indulging his sexual fantasies of having you dress up like a house wench and tickle his feet with your feather-duster—even with all that, now you’re left in a position where you probably can’t touch his royal monies. Such is New York law.

Lesson Two: Commingle your assets.
My advice to you is to get some of it for yourself by commingling your assets. In effect, commingling assets means mixing joint money, or your personal accounts (for example what you get from renting your father’s house to those wicked stepsisters of yours) with your husband’s inherited money. The idea is to make it difficult for Prince Charming’s lawyers to show clear separation of accounts in the court.

In short: open a joint bank account. Make big financial outlays (country house, jewels, angel investment in a Talking Mouse Circus) using mixed moneys. Avoid making big joint purchases from your husband’s inherited funds whenever possible, because you won’t have any claim to those in the divorce. And so on.

Contrary to the general belief among legendary damsels in distress, marrying royalty isn’t always all it’s cracked up to be. Without a prenup and without commingling your assets, frankly it doesn’t matter that you caught him in three different broom closets with three different scullery maids last year; his pre-marital assets are still likely to stay with him.

Cinderella, you understand the complications of the fairy tale marriage; you, more than anyone, know what it really means to live “happily ever after.” I urge you to take that knowledge, along with your glass slippers and your wits, to the bank.

Respectfully,
James J. Sexton

Eight Things You May Not Know About Divorce Law In New York State

If you’ve begun to consider a divorce but are unsure of how to get started, or what the laws in New York regarding divorce are, I’ve put together a quick list of the basics that should help. You can also see my other post on child custody and visitation. Please feel free to contact me to discuss your situation.

You Can File for Divorce in New York If:
• You and your spouse were married in New York, and at least one of you has been a resident of New York for at least a year,
• You and your spouse resided in New York as husband and wife, and at least one of you has been a resident of New York at least a year,
• The grounds for divorce occurred in New York, and at least one of you has been a resident of New York for at least a year, or
• At least one of you has been a resident of New York for at least two years immediately before the start of the divorce.

“Fault” & “No-Fault” Divorce: 
New York recognizes both “fault” and “no-fault” grounds for divorce. In a “fault” divorce, one spouse will claim that the other spouse engaged in misconduct leading to the divorce.

“Fault” grounds in New York include:
• Cruel and inhuman treatment (mental or physical abuse),
• Abandonment,
• Imprisonment for three or more years, and
• Adultery.

Grounds for a “no-fault” divorce include:
• The “irretrievable breakdown” of the marriage, and
• Living apart for a period of one or more years, before or after a legal separation agreement.

 “Contested” & “Uncontested” Divorce: 
• “Contested” divorce means that there are critical issues in your divorce that you and your spouse haven’t been able to resolve, either with or without the help of lawyers and mediators.
• “Uncontested” means that you agree to all the important terms of your divorce. You’ve decided where your children will live and what the visitation schedule will be, you’ve agreed to the terms of alimony and child support, and you know how you want to divide your property.

A Few More Helpful Facts: 
• You can represent yourself in divorce proceedings, although this isn’t always a good idea, particularly if you are unsure of the law, or if you have complex financial or custody issues to consider. Divorces with concerns of child custody, property division, and spousal support can be especially complex.
• Paperwork filed in divorce court in New York is not public. This includes pleadings, affidavits, findings of fact, conclusions of law, judgments of dissolution, and written agreements of separation.
• While New York plaintiffs are entitled to a jury trial, the only issue that a jury can decide on is the grounds for the divorce.

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

Respectfully,
James J. Sexton

Six Ideas For an Awesome Divorce Party

In recent years the idea of having a “divorce party” has come into fashion, so I thought I’d give my two cents on the subject.

First of all, what is a Divorce Party? While it seems that perhaps divorce is something sad, in fact a large number of the newly divorced are finding it a worthwhile reason to go out with their friends and get totally empowered. We’re talking empowered to the point at which it’s difficult to walk in a straight line or even stand up.

While the divorce party can apparently take many forms, universally among internet websites about divorce parties it’s said to be a cathartic experience, in which the newly divorced are so distracted from their pain by the presence of strippers, cake, and/or the song “Survivor” playing in the background, that the pain feels—at least momentarily—expunged.

The aptly-named DivorcePartyIdeas.com suggests getting oneself a divorce party theme such as “Butterfly” (to emphasise transformation), “Naughty Girl” (to highlight freedom from marital monogamy) or “Lemons” (to emphasize one’s ability to, as they say, make lemonade). I would here like to present some alternative options.

1. Jaws. 
A Jaws-themed divorce party is sure to excite, while also reminding you and your guests that, while you may have just suffered a huge grief-inducing loss, it could be worse: you could have had your arm chewed off by a giant mechanical shark.

2. Brownies and Beer. 
This theme involves people showing their support in the form of alcohol, baked goods, and a total absence of conversation about anything health- or fitness-related for the duration.

3. Sweatpants.
The sweatpants theme provides a dress code for you and your guests that smacks of comfort, relaxation, and post-divorce rest. It also saves you from having to change out of your current uniform.

4. Therapy Fundraiser.
A useful alternative to drinking your life savings away, the Therapy Fundraiser gives your friends the opportunity to show they care about your long-term mental health by donating to your Therapy Fund.

5. Go to Las Vegas.
Less a theme than a directive, this needs very little explanation, I would think, as Vegas itself is essentially one giant divorce party. The main drawback of going to Vegas to celebrate your divorce is that you do run the risk of celebrating yourself right back into marriage if you’re not careful, but this time with a relative stranger or, worse, a good friend. If this happens, call me.

6. Go Away, I’m Depressed.

The most honest of divorce party themes, this is for those who don’t actually want to have a divorce party at all, but have been harangued into it by their well-meaning yet clueless friends.

As your friendly neighborhood divorce attorney, I’ll add the disclaimer here that, whatever the theme of your divorce party, it’s probably best to wait until your divorce is signed and sealed before you celebrate. It’s also worth saying that for this particular occasion you might be safest to avoid filming, photographing, and/or drunk texting at whatever cost.

Respectfully,
James J. Sexton

15 Things You Might Not Know About Prenups In New York State

If you’re considering arranging a prenuptial agreement in New York, you should be aware of the legal issues around them. I’ve compiled an overview of the basics below. For a more in-depth look at your particular situation, please feel free to contact me to discuss.

Prenuptial Agreements in New York State

1. A prenuptial agreement (also known as an antenuptial agreement), is a contract entered into by two members of a legal marriage that usually describes the rights of each party upon death or divorce. This often relates to matters of finance and property.

2. A prenup often serves the interests of both parties, rather than only one party as is commonly perceived. For example, if one partner wishes to ensure the other receives more than they may be entitled to under New York law.

3. You should consider a prenuptial agreement if:

  • You would like to clarify expectations upon the event of death or divorce
  • You would like to be protected against loss of finance in the event of death or divorce, such as particular assets, a business, etc.
  • You have a desire to pass on certain assets to children or grandchildren resulting from earlier marriages,
  • You have children and would like to manage custody issues in the event of divorce through contractual means, or
  • You wish to manage your finances through your own contractual agreements rather than by the state, in the case of either death or divorce.

4. In New York, without a prenuptial agreement the court will divide the property in a way that is considered equitable, which may be dividing it down the middle.

5. In New York, without a prenuptial agreement, if one spouse dies, courts typically follow the will of the deceased, although the surviving spouse is usually entitled to at least one half of the estate even if this goes against the will. A prenuptial agreement would circumvent this.

6. For a prenuptial agreement to be valid, it must be in writing, signed, and orally acknowledged before an authorized person as well as certified in writing.

7. Contrary to the name, prenups can also be entered into when a couple is already married.

8. In many cases, the less wealthy spouse will receive less under the prenuptial agreement than he/she would receive under the usual laws of divorce or wills, but they may also receive more, depending upon the agreement made.

9. An “escalator clause” in a prenup states an increase in the amount of assets or support given to the less wealthy spouse dependent on the length of the marriage or income following the agreement.

10. A lawyer is typically used in arranging a prenuptial agreement, usually employed by the wealthier party. While the less wealthy partner isn’t required to have legal representation, this is also advised, as the agreement is more likely to be enforceable if back-and-forth negotiations occur prior to the final agreement.

11. New York public policy strongly favors individuals deciding their own interests through contractual arrangements, even if this leaves one spouse with no property or support. For this reason, it is important for both parties to represent their interests in negotiations.

12. While child support issues can be treated in a prenup, the court is not bound by these and they will serve mainly as points of consideration.

13. The agreement must be considered fair and reasonable at the time of making, and cannot be considered unconscionable at the time of final entry of judgment.

14. If one spouse misleads the other concerning assets or finances, the prenup would be considered invalid.

15. If one spouse exerts excessive pressure on the other to obtain signing of the agreement, it may be rendered invalid. This is a reason to create a prenup well before the marriage date, as ones entered into on, for example, the day before a wedding would be subject to investigation of duress.

While this covers the basics of New York prenuptial agreements, 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

Who Gets the Pets?

The New York law has been changing around pet issues for several years now, with courts, and pet owners, increasingly treating pets like family rather than like property in divorce proceedings. I’m in full support, as you can imagine, having my pup, Huckleberry, as a big reminder that pets are people too.

In New York and across the US, it’s mattering less and less whose name is on the dog owner’s certificate, if indeed you have one, because pets aren’t subject to the rules of property division anymore. Basically, much like custody matters work with children, decisions are going to be made based on the best interest of the pet.

This also means that the courts can and have awarded shared custody, visitation, and alimony payments relative to pet ownership in New York courts. If you love your dog or horse or snake like it’s your own baby and believe it would be better off with you, here are the things you need to be prepared to argue for in divorce proceedings.

• The major care of the pet. Which partner has been the one providing more of the day-to-day care of the pet, including managing basic needs (food, water, scooping poo, etc.) as well as emotional needs (affection)?

• Financial means to support the pet. Pets can be expensive, especially if something goes wrong, or if it’s a big pet that eats a lot, or if it’s an exotic pet or a special needs pet. (Yes, I said special needs pet.) Which partner is able to support the pet financially?

• Time to spend with the pet. Does one of you work significantly longer hours than the other? If so, it could be argued that the pet should be with the person who works less taxing hours, because they’ll have more time for the pet.

• Who brought the pet into the marriage? Even though pets aren’t considered property, it may make sense to consider who has a longer-standing relationship with the pet, because this might establish a primary bond.

• Space for the pet. Different pets need different kinds of living spaces. Is one of you better equipped to provide what the pet needs in terms of space? Be ready to defend it.

• Children’s relationship with the pet. If you have children, it’s important to consider their relationship with the pet (whether positive or negative). This, of course, could impact arrangements for children as well as pets, so be sure you think this one through carefully.

The best scenario is that you, your partner and your divorce attorneys approach the pet issue with a goal of arranging an agreement outside of court, including ownership and visitation terms. This may not hold up in court, but it is likely to influence the decision if both partners agree beforehand. However, couples often disagree over pets, and fighting this out in court is something to be prepared for.

If you can’t reach an agreement, one thing to consider is what you’re willing to give up to keep your pet. In other words, you should discuss with your lawyer the possibility of exchanging property for pet ownership.

This is all relatively new territory, but it’s an important area that needs to be considered carefully before and as you wade through the joy of divorce proceedings. It’s not just about you, after all, but about this guy:

Respectfully,

James J. Sexton

Your Partner: The Narcissist

According to Greek myth, Narcissus was a handsome man who, upon catching a glimpse of himself in a pool of water, became obsessed with it and promptly drowned. The moral of that story–“Get over yourself”–is sure to be completely lost on narcissists, named after Narcissus for their intense and all-encompassing self-obsession; I’m sure you know one or two.

Beyond common usage, narcissism can refer to the very real, very specific Narcissistic Personality Disorder (or NPD). This is a mental disorder characterized by an overinflated sense of self-importance paired with a fragile ego. This is the person who criticizes you, but flies off the handle when you even gently suggest they have an area in which to improve. This is the person who needs constant validation and admiration. This is the person who lies to get what they want, including to gain other people’s attention and positive opinion. Sound like your partner?

Spotting a Narcissist
These are warning signs that you’re dealing with your garden-variety narcissist:

  • He has an exaggerated sense of importance and entitlement.
  • She’s abusive or patronizing to waiters, and blames it on having low blood sugar because she’s so hungry.
  • He oversells his achievements in order to impress.
  • She has unrealistic ideas about her own intelligence and/or beauty.
  • He wants to be famous.
  • He has bouts of depression, caused by feeling underappreciated or rejected by people who should respect him more.
  • Swimsuit photos or gym photos on Instagram.
  • An inordinate amount of selfies.
  • She routinely selects friends who are less attractive than she is, so she can take a starring role in those relationships.
  • She sees herself as an exception to basic rules of society, like not cutting people off in traffic, or not paying for anything.
  • He fakes cancer.
  • She fakes a pregnancy.
  • He takes advantage of other people with no remorse..
  • He can’t remember what’s happening with you. Your life events are not even on his radar.
  • Envy and gossip are a big part of her general conversation.
  • He buys you gifts on clearance and pretends he paid full price.
  • She tells you how much she spends on gifts for you and other people.
  • She gives you detailed accounts of her dreams, never clocking the look of polite boredom on your face.
  • He creates dramatic moments of which he is the centerpiece, victim or hero.
  • He has trouble enjoying and engaging in the happiness of others, for example at a wedding or when someone gets a promotion.
  • Every conversation somehow turns into a conversation about him or her: his goals, her needs, his strengths, her complaints. They struggle not to talk about themselves.
  • You find yourself rolling your eyes a lot.

Does any of this sound familiar? If this list rings a bell with you,


GET OUT NOW.

Why it’s horrendous to be married to this person:
Narcissistic tendencies affect a broad range of personal and interpersonal situations, including and perhaps particularly marriage. Generally people with NPD don’t seek treatment, and believe their problems–even if they continually run into the same problems over and over–are due to other people’s failings, including yours. This makes narcissists prone to cheating, conducting online affairs, and being abusive partners.

The bottom line is that narcissists don’t put the needs of others ahead of their own, making them ineffective at everything from sex to parenting. If what you’re saying can’t be reframed to be about them, they aren’t listening. They likely have unreasonable expectations of you, and they probably believe they deserve something amazing from a life partnership despite the fact that their main contribution to that partnership is bitching.

On the whole, you can expect your life to go thusly: Your narcissist will exhaust you in a cycle of emotional seduction and psychological abuse over many years, repeating the pattern until you’re so self-doubting that you can’t even consider leaving them. “I am the best you can expect to ever get,” is the relationship mode of the narcissist. “Help me, love me, admire me, need me, respect me, desire me, thank me”—these are the endless demands, voiced or unvoiced, of a narcissistic partner. Unless you’re Kimye, you don’t deserve to spend the rest of your days feeding that monster. I want to help you get the hell out, while maintaining your assets and what’s left of your dignity.

The truth is, I enjoy taking narcissists down. I’m like a superhero of sorts, with the superpower of being completely unaffected by your partner’s emotional manipulation because I have seen it all before, and I am going to help you win your divorce.

Respectfully,

James J. Sexton