The Divorce Papers: A Novel (7 page)

Narragansett Statutes

Title 33 of the Narragansett Code, Sections 801ff.

Dissolution of Marriage, Annulment, and Legal Separation

Sec. 801. Grounds for dissolution of marriage; legal separation; annulment.

(a) A marriage is dissolved only by

(1) the death of one of the parties or

(2) a decree of annulment or dissolution of the marriage by a court of competent jurisdiction.

(b) An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed [e.g., same sex marriage].

(c) A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred:

(1) the marriage has broken down irretrievably;

(2) the parties have lived apart by reason of incompatibility for a continuous period of at least eighteen (18) months immediately prior to the service of the complaint and there is no reasonable prospect that they will be reconciled;

(3) adultery;

(4) fraudulent inducement;

(5) wilful desertion for one year with total neglect of duty;

(6) seven (7) years’ absence, during all of which period the absent party has not been heard from;

(7) habitual intemperance;

(8) intolerable cruelty;

(9) sentence to imprisonment for life or the commission of any infamous crime;

(10) legal confinement in a hospital or hospitals or other similar institution or institutions, because of mental illness, for at least an accumulated period totaling five (5) years within the period of seven (7) years preceding the date of the complaint;

(11) bigamy.

Sec. 804. Service and filing of complaint.

A proceeding for annulment, dissolution of marriage, or legal separation shall be commenced by the service and filing of a complaint in the Narragansett Family Court for the judicial district in which one of the parties resides.

Sec. 805. Stipulation of parties and finding of irretrievable breakdown.

(a) In any action for dissolution of marriage or legal separation, the court shall make a finding that
a marriage has broken down irretrievably where both parties so stipulate and have submitted an agreement concerning the custody, care, education, visitation, maintenance, or support of their children, if any, and concerning alimony and the disposition of property
. The testimony of either party in support of that conclusion shall be sufficient.

(b) In any case in which the court finds, after hearing, that a cause enumerated in subsection (c) of section 801 exists, the court shall enter a decree dissolving the marriage or granting a legal separation.
In no case shall the decree granted be in favor of either party
.

MARIA M. DURKHEIM

404 ST. CLOUD STREET

NEW SALEM, NA 06556

March 19, 1999

David Greaves, Esq.
Traynor, Hand, Wyzanski
222 Church Street
New Salem, NA 06555

Dear Mr. Greaves (David?):

I want to thank you for Wednesday’s consultation with Anne Sophie Diehl. She was a brilliant pinch-hitter, exactly what I needed. I think I’d have fallen into silence and hostility if I’d had to talk with a real, 14K professional divorce lawyer, and I certainly wouldn’t have handed over my correspondence with Daniel or Dr. Roth, who by the way writes like a dog and can’t spell. Ms. Diehl made it all easy, or at least easier. It wasn’t that she was unlawyerlike or unprofessional, but she never pulled rank. She never acted as though she was master of an arcane set of rules I was too ignorant to understand. She didn’t patronize me; she didn’t say I should leave it all in her hands. She made everything clear; and she told me what
I
had to do. I haven’t felt very good in the last few months. My husband’s leaving me—or wanting to leave me—has undone me at the seams. Ms. Diehl made me feel competent and capable. And she laughed at my jokes. And she knew she should have at least tried to read Proust.

My father always spoke well of you, of your discretion, intelligence, judgment, tact. He was right.

And now, to the point. Freud says that the most important part of any letter is usually the P.S. (I’m trying to be more up front; the third paragraph shows emerging mental health.) I’d like Ms. Diehl to act as
my lawyer. I know she’s not an experienced divorce lawyer, but she’s smart and I don’t think she’d be cowed by the thugs at Kahn & Boyle. (I can’t believe Daniel hired them. I didn’t think they represented anyone who’d actually filed an income tax return.) The expert you have could help her out—I’ll cheerfully pay double if that’s what it takes. I don’t think our situation is all that complicated; I can’t imagine we’ll have to go to court. I’m not out for blood. Well maybe blood, but not bone.

Is it possible to have Ms. Diehl take my case? I would like it. I told my father what a great lawyer I thought she was. He was very pleased; he liked that I liked his lawyers. He and I usually don’t agree about people—my mother and Jane being the exceptions. His judgment may be better than I thought. Could it be he was right about Daniel all the time?

I hope you’ll forgive the casualness of my tone. My father has spoken so often about you, I feel I know you. I look forward to hearing from you. Thank you for your consideration.

Yours truly,

P.S. I’ve just reread this letter. “Casualness of tone” hardly does it justice. It is downright garrulous and indiscreet. I’m not quite myself these days. I
know
better. I just can’t seem to
be
better.

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Sophie—

I’m going to have to go back on my word. I need you on the Durkheim divorce. Maria Durkheim wrote me a letter, requesting you to act as her lawyer in the divorce. She liked you. I’ve attached a copy of her letter with this memo. She knows you aren’t a pro. She’s offered to pay for two lawyers to have you. It’s a serious compliment, though, understandably, you may not be able to see it that way.

I’ll work things out with the boys in the back room. And I’ll see that there’s extra remuneration for the work you put in on this case.

David

Advice Sought

Mags—

I am so angry I can’t think straight. The firm is doing a divorce. Fiona was out of town when the client (female) came in for intake. David asked me to do the interview. He promised that was all I’d have to do on the case. The client then turns around and asks for me to act as her attorney (she “liked” me, David said, calling her request “a serious compliment”), and he now says I’m to do it. I am beside myself. Did I mention that the client is the daughter of a Very Important Client?

What really galls me is the way he asked. He didn’t ask. He just said I was on the case. Do you remember how my mother used to ask my sibs and me, when we were little, to do something? “Est-ce que tu veux le faire maintenant, ou plus tard?” As if she was giving us a choice. Maybe that’s David’s attraction for me. He’s like ma chere Maman, only less ruthless, no subterfuge. I could quit, of course, and go work for the Legal Defender, but then I’d have to represent wife beaters and shoplifters, instead of major felons. I can’t believe David’s doing this to me. I thought he was a pal, my rabbi.

And then there’s Fiona. She will not be pleased. Oh, well. I’m already in her bad book. Ever since she found out I clerked for Judge Howard, she’s been so unpleasant, as though I did it simply to one-up her.

Love,

Sophie

Sophie—

I can’t believe you’re disappointed in DG, or surprised. (Anger, I accept.) What did you expect him to do? He’s your boss, for Lord’s sake, at a firm that makes a lot of money and, not incidentally, pays you a bigger salary than anyone else I know. Matt won’t make as much as you until he’s 60, if then. Do you know how much a second-year associate architect makes?

As I recall, you always decided to do what your mother wanted “plus tard.” “Who knows,” you’d say, “I could be dead later and not have to do it.”

How about coming around the drama school Friday night and watching
The Real Thing
rehearsal? We can get a drink after. I’d like you to meet the director, Harry Mortensen. He’s third-year and very talented. Everyone wanted to work with him. He’s also dark and brooding and smart and witty. If you fell for him, he could just break your heart. Right up your alley, sweetie.

Love and kisses,

Maggie

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

MEMORANDUM

Attorney Work Product

Sophie—

David has asked to borrow you for 5–15 hours a week for the next several months. He said it was an important case, and he wouldn’t ask unless it
was
important, would I mind? I don’t see why he put it to me as a request. We’re usually not so punctilious with each other. But do you mind?

I know you’ll get all your work for us done, and I won’t assign you a new case without first discussing it with you. I got the sense from David’s testiness that perhaps he didn’t have that kind of discussion with you. But a managing partner has to manage. I don’t envy him his job.

Love,
Joe