The Divorce Papers: A Novel by Susan Rieger

neither party may deny the other party use of the current primary residence of the parties, whether it be owned or rented property, without court order.
    10. If the parents of minor children live apart during a divorce or dissolution proceeding, they shall assist their children in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and in writing.
    By Order of the Court
    Failure to obey these Orders may be punishable by contempt of court. If you object to or seek modification of these orders during the pendency of the action, you have the right to a hearing before a judge within a reasonable time.
    Filed: February 15, 1999

MARIA DURKHEIM
    404 ST. CLOUD STREET
    NEW SALEM, NA 06556

TRAYNOR, HAND, WYZANSKI
    222 CHURCH STREET
    NEW SALEM, NARRAGANSETT 06555
    (393) 876-5678
    MEMORANDUM
    Attorney Work Product
From:
Sophie Diehl
To:
David Greaves
RE:
Matter of Durkheim
Date:
April 5, 1999
Attachments:
Acceptance of Service (draft)
 
Notice of Appearance (draft)
 
Answer (draft)
 
Certificate of Service (draft)
 
Letter to Maria Durkheim from Ray Kahn
 
Notice of Automatic Orders
 
Note to Daniel Durkheim from Maria Durkheim
    I’ve drafted the official documents (the Acceptance of Service, the Notice of Appearance, the Answer, and the Certificate of Service) using office forms. At the end of the Answer, I ask the Court to dismiss the action? Is that right? What does that mean? In a criminal case, if the case is dismissed, the prisoner goes free—until they re-indict. In a divorce, if the case is dismissed, the parties remain incarcerated. I will never get the hang of this.
    Mrs. Durkheim forwarded to me a letter, dated March 30, from her husband’s shyster lawyer, Ray Kahn. It included a belated copy of the Notice of Automatic Orders, which should have gone out with the summons and complaint, and legal advice, which he shouldn’t have given to his client’s wife, on the effect of those Orders. Can I tell Mr. Kahn that his deadlines all have to be pushed back because Mrs. Durkheim didn’t receive the Orders until April 1? Can I tell him he shouldn’t give her legal advice?
    On April 1, Dr. Durkheim closed out the checking account he had with his wife. By my reading of Automatic Order # 1, he shouldn’t have done that without her written consent. Do I make a fuss about it? (Mrs. Durkheim didn’t sound upset about it—though she did send her husband a saber-rattling note in return. I didn’t know American WASPs were so explosive. There might be an audience out there for her Collected Letters.)
    What I don’t get about civil litigation is the relative importance of things. In a criminal case, we fight tooth and nail over everything. It’s all trees, no forest. You never know what will persuade the jury or the judge to go your way. Is it the same here? Do I challenge everything the other side does? Do I bury them in motions and contempt orders? What do I let slide? What do I insist on?
    Dr. Durkheim’s strategy seems to be to starve his wife into submission, so to speak, by closing the checking account and generally shutting off the funds. Should we make a motion for temporary support? Should I garnish his salary? Can you imagine how enraged he would be if we got a court order against him withholding temporary child support and alimony from his hospital salary? The thought of it makes me light-headed and giddy.
    Kahn says in his letter that he is preparing an offer. Isn’t that a bit premature? Formal discovery hasn’t begun. Is Kahn assuming that he can proceed because Mrs. Durkheim has handled the family finances during the marriage? What do we do about possible hidden assets? Do we need to hire a private investigator? (Query: Are men who mess around more or less likely to hide assets than men who don’t mess around? Are the two pathologies related?)
    Kahn also says in his letter that he doesn’t expect the negotiations to be complicated or protracted in