A Proposal to Reduce Unnecessary Divorce - Razorplanet
A Proposal to Reduce Unnecessary Divorce - Razorplanet
A Proposal to Reduce Unnecessary Divorce - Razorplanet
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divorce was determined by multiplying the percentage difference from the average by<br />
1,100,000 children who go through a parental divorce each year. We are aware that<br />
social and economic differences among states contribute <strong>to</strong> different divorce rates.<br />
However, we see nothing inevitable about <strong>to</strong>day’s disproportionately high rates of divorce<br />
in some states. They may have <strong>to</strong> work harder because they have more couples<br />
at risk.<br />
9. Benjamin Scafidi, principal investiga<strong>to</strong>r, The Taxpayer Costs of <strong>Divorce</strong> and Unwed<br />
Childbearing: First-Ever Estimates for the Nation and All Fifty States, co-published<br />
by the Georgia Family Council, Families Northwest, the Institute for Marriage and<br />
Public Policy, and the Institute for American Values (New York: Institute for American<br />
Values, 2008), http://familyscholars.org/2008/04/15/the-taxpayer-costs-of-divorce-andunwed-childbearing/.<br />
10. David G. Schramm, “Individual and Social Costs of <strong>Divorce</strong> in Utah,” Journal<br />
of Family and Consumer Issues 27, no. 1 (April 2006): 133, 151. It is difficult <strong>to</strong> estimate<br />
the public costs of divorce precisely. Both Scafidi and Schramm attempted <strong>to</strong> err<br />
on the conservative estimate side.<br />
11. See William J. Doherty, Brian J. Willoughby, and Bruce Peterson, “Interest in<br />
Marital Reconciliation among Divorcing Parents,” Family Court Review 49, no. 2 (April<br />
2011): 313–21.<br />
12. Nes<strong>to</strong>r C. Kohut, ed., Therapeutic Family Law: A Complete Guide <strong>to</strong> Marital<br />
Reconciliations (Chicago: Adams Press, 1968). See also, Jay Folberg, Ann L. Milne,<br />
and Peter Salem, “The Evolution of <strong>Divorce</strong> and Family Mediation: An Overview,” in<br />
<strong>Divorce</strong> and Family Mediation: Models, Techniques, and Applications, ed. Jay Folberg,<br />
Ann L. Milne, and Peter Salem (New York: Guilford Press, 2004). For the his<strong>to</strong>ry of the<br />
Association of Family and Conciliation Courts, see www.afccnet.org/about/his<strong>to</strong>ry.asp.<br />
13. Association of Family and Conciliation Courts, About AFCC, “His<strong>to</strong>ry,” www.<br />
afccnet.org/about/his<strong>to</strong>ry.asp.<br />
14. Two prominent textbooks in the field are Folberg, Milne, and Salem, <strong>Divorce</strong><br />
and Family Mediation, and Pauline H. Tessler, Collaborative Law (Washing<strong>to</strong>n, DC:<br />
American Bar Association 2001). There have been individual practitioners with an interest<br />
in reconciliation, but until recently little systematic effort in the legal profession<br />
or among media<strong>to</strong>rs.<br />
15. Judge Peterson then invited University of Minnesota researchers William<br />
Doherty and Brian J. Willoughby <strong>to</strong> explore this issue with him, beginning with conversations<br />
with a group of interested divorce lawyers. Although fully committed <strong>to</strong> a<br />
constructive, non-adversarial divorce process, these lawyers believed that by the time<br />
couples entered the legal divorce process, they had abandoned hope for their marriage<br />
and would have no interest in reconciliation assistance. Even in the common<br />
scenario where one spouse wants <strong>to</strong> preserve the marriage, the other surely does