Divorce: A court order that legally ends a valid marriage.

First, we will look at some statistics…

• What is the average age of marriage for men?

• 28

• Facts from the Pew Research Center.

• What is the average age of marriage for women?

• 26

More Statistics…

• Which state has the lowest average marriage age?

• Idaho (Men 25)• Oklahoma, Arkansas,

Utah, Idaho (Women 24)

• Which state has the highest average marriage age?

• Rhode Island, New York, New Jersey & Massachusetts (also D.C.) ( Men 30)

• Rhode Island, New York, Massachusetts, Connecticut (Women 28)

More statistics…

• How long is the average length of a marriage?

• 18 years

• What percentage of Americans are divorced?

• 9% of men and 12% of women

More statistics…

• Which state has the highest percentage of married couples?

• Idaho (57%)

• Which state has the lowest percentage of married couples?

• Alaska (47%)

Last statistics..

• What characteristics tend to result in a longer marriage:– Older marriage age– Higher Education– Stable Income– Similar belief system– Less children

• (From Center for Disease Control)

Separation• Considered a “Cooling-Off”

period for couples. Legally, they are still married.

• Separation Agreement: Written agreement that explains the couple’s understanding on alimony, child custody, etc.– Does not have to be

approved by the court.– Can be written or oral– May be used during divorce

Separation

• Couples must be separated for one year if they would like to apply for divorce.

• Either person may file for a divorce.

If a Divorce is going to happen…• Contested: The couple

cannot come to agreements on issues such as property, child care etc.

• Uncontested: (Rare!) Couples peacefully decide to live separate lives– These couples may prefer a

“pro se” divorce instead of hiring attorneys.

Cost of Divorce

• Average cost of divorce tried in court is between $8,000 and $132,000.

• Average cost of mediation $3,000.

• Depends on court costs, lawyer fees, time, etc.

• Divorce Attorney Commercial

Grounds for Divorce/Separation

• Desertion• “Turn out Doors”• Mental or Physical Cruelty• Drug or Alcohol Abuse• Adultery• InsanityIrreconcilable Differences: the marriage cannot be

reclaimed– “No Fault Divorce” A spouse does not have to prove that the

other spouse did something wrong

Divorce in North Carolina

• Only granted after:– One year separation

period– OR-Declaration of

Insanity and the couple has been living apart for 3 years

Tender Years Doctrine• Law presumed that young

children were better off with their mothers.

• Now, judges must treat men and women equally in custody battles.

• Courts look for the “best interest of the child.”– Youth actions, economic

stability and religion

Alimony

• Money paid to support the ex-wife or ex-husband.– “Rehabilitative alimony”

will help• Property is divided as

well.– How would this differ in

community/separate property states?

Money Issues

• Average salary of single female households: $36, 278

• Average salary of single male households: $47, 127• 62% of women do not receive full child

support

Covenant Marriages• A couple signs a statement when obtaining a marriage

license that will eliminate the possibility of a “no fault” divorce.

• Available in Louisiana, Arkansas & Arizona.

A Covenant MarriageWe solemnly declare that marriage is a covenant between aman and a woman who agree to live together as husband and wifefor as long as they both live. We have chosen each other carefullyand have received premarital counseling on the nature, purposesand responsibilities of marriage. We understand that acovenant marriage is for life. If we experience marital difficulties,we commit ourselves to take all reasonable efforts to preserve ourmarriage, including marital counseling.With full knowledge of what this commitment means, we dodeclare that our marriage will be bound by Arizona law oncovenant marriages and we promise to love, honor and care forone another as husband and wife for the rest of our lives.

Divorce in North Carolina

• Alternatives

• Bob and Carol• List 10 issues they

should discuss• Create chart & Answer

Questions