'Can't afford' divorce in hard times

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By Timothy Warren

Financial problems often drive couples apart, but the nation's overwhelming economic crisis may be holding them together.

"People simply can't afford to get divorced. They can't afford the legal fees; they can't afford having two separate places to live," said Michele Weiner-Davis, a Colorado social worker and founder of divorcebusting.com, an online community for couples considering ending their marriages.

"There are a lot of couples who decide they have to stay together and have become motivated to do so," she said, adding that her own practice is still busy.

Spouses who are divorcing are finding that the often-nasty experience is now even more contentious.

"[Spouses] want to receive a certain amount of support and the other will say they simply don't have enough money," said Michelle Thomas, a divorce lawyer who works in the District. "Divorce has become more contentious because there is less to divide. Then they are separating and the pot has shrunk. It is hard for the other spouse to comprehend that."

Home values in the Washington area have declined 19.4 percent from a year ago, according to the S&P/Case-Shiller Home Price Index, and the Dow Jones Industrial Average has fallen nearly 35 percent in the same period, taking a huge chunk out of couples' home equity and 401(k)s. Job losses make the situation even more difficult.

Divorce rates often fall in a bad economy. Statistics show divorces declining in the District and at least two states - Kansas and Connecticut - over the past three years. Up-to-date figures were not available for Virginia and Maryland.

"Most people don't want to wait on the mortgage," said Carolyn Goodman, a divorce lawyer who works in the District, which has the lowest divorce rate in the nation. "It is very hard to refinance right now and many people are being forced to just stay on. That's where I have seen the change. People may think twice about getting divorced and just separate."

However, some may benefit from divorce in difficult economic conditions.

Cindy Hartwell, a divorce lawyer in the wealthy Connecticut suburbs of New York, says this can be an opportune time to divorce for the family breadwinner.