The High Cost of Divorce

Divorce as an Expensive and Complicated Process: It is stated that divorce leaves many poor individuals entrapped in unsatisfactory marriages due to its high financial and emotional costs.

Sara's Background:
- Met her future husband at 18 years old.
- Husband struggled with drug and alcohol addiction; Sara hoped marriage would lead to improvement.
- The relationship escalated into control and abuse.
Children: Sara gave birth to two children by age 25.
Domestic Violence Incident: Recent incident of severe physical abuse led Sara to realize the necessity of divorce.
Type of Divorce:
- Attempting a contested divorce where there exists disagreement on child custody and financial matters.
Legal Representation Challenges:
- Difficulty securing a lawyer due to lack of funds; explicitly reached out to numerous lawyers with no success.
- Sara’s experience shared through Facebook groups aimed at helping individuals find pro bono legal assistance.

Right to Counsel:
- Supreme Court guarantees the right to a lawyer in criminal cases; however, no equivalent right for civil matters such as divorce, evictions, or child custody.
Cost of Divorce:
- Cost for private legal representation can range from $10,000 to $20,000.
- Legal aid organizations exist, but they are overwhelmed and unable to meet demand.
Statistics on Legal Aid Issues:
- A report from 2017 indicates 86% of civil legal problems faced by low-income Americans receive no or insufficient legal assistance.

Inequalities in Legal Access: Rohan Pavuluri, CEO of Upsolve, notes that lower-income individuals face a starkly different reality in America—unable to afford the same legal resources as wealthier individuals.
Arguments for Reduced Difficulty in Divorce: W. Bradford Wilcox of the National Marriage Project advocates for increased difficulty in gaining a divorce to promote reconciliation, citing the broader social benefits of marriage.
- Proposal for Changes: Wilcox suggests implementation of a universal three-month waiting period for divorce and preferential treatment in custody to couples who wish to remain married.

Benefits over Separation:
- Officially ends a spouse's ability to make financial or medical decisions, protecting individuals from financial ruin by an abusive partner.
- Divorce seen as necessary for individuals in abusive partnerships.
- Distinct from mere separation, especially in financial matters regarding inheritance and property.
Personal Identity: The personal aspect of divorce—emphasized by James Greiner, who highlights the sentiment of wanting to no longer be associated with an undesirable partner.
Statistical Findings on Divorce Impact:
- Reports suggest that many individuals, particularly women, report greater happiness after divorce.
- Divorce laws historically lead to decreased rates of female suicide, domestic violence, and increased male participation in housework.

Study Overview: Greiner and researchers followed low-income individuals attempting to secure uncontested divorces in Philadelphia over five years.
- Sample Size: 311 divorce-seekers; only 74 were matched with attorneys.
- Success Rate: 46% of those paired with lawyers achieved divorce within three years compared to only 9% of those without legal assistance.
Complexities of Divorce Proceedings:
- Divorces typically require formal legal action, usually necessitating hiring a process server (~$200) and navigating complicated legal forms.
- Courts often impose strict procedural barriers, contributing to challenges for self-represented litigants.

Filing Fees: A $300 filing fee that cannot be paid by check.
Documentation Requirements: Necessitating typewritten submissions instead of handwritten.
Residency Verification: Proof of separate living arrangements that low-income individuals may find difficult to maintain.

Criticism of Legal System: Judge Margaret Murphy cites flaws in the system and recognizes some individuals navigated the divorce process without legal representation successfully, showing that help centers have been established.
Recommendations for Reform:
- Streamlining the process for uncontested divorces and perhaps excluding court appearances in straightforward cases.
- Proposals that guarantee legal representation in contested divorce scenarios akin to criminal cases.

After persistent efforts, a legal-aid attorney agreed to represent Sara following a significant domestic violence incident which had alleviated the prior attorney caseload issues. Many others in similar situations remain without assistance.

Olga Khazan: Staff writer for The Atlantic, author known for exploring topics around personality change and behavioral science, with writings displayed in several esteemed publications.