Divorces once again on the uptick

As the recession seems to be loosening its grip, so apparently are married couples who had put their divorces on hold.

Divorce rates have declined in Minnesota and nationwide over the past few years, primarily because people couldn't afford to separate. But experts are seeing the numbers go up -- one Twin Cities divorce attorney is "swamped" -- as the economy struggles to recover. Others whose financial situations haven't improved are also deciding to split up because they at least want emotional happiness.

Marlene Eskind Moses, president of the American Academy of Matrimonial Lawyers (AAML), said it's too soon for collective national numbers, but she is hearing from members seeing an increase because the current economy is "the new normal."

"With the recession, there was initial shock that paralyzed people. They were frozen, not wanting to make any more significant changes in their lives. They weren't any happier than before, but too afraid to do anything about it. Now people are stabilizing, acclimating themselves to the new economic realities, and saying, 'Things may not change soon, but at least I can have a happy life on an emotional level.'"

Area divorce attorneys who have seen an uptick after a slack period include Michael Dittberner, who practices in Edina.

"People are either now able to move forward or just can't put it off any longer," he said. "They have issues related to their children or are trying to protect themselves financially."

Andrea Niemi, a Minneapolis attorney whose focus is on alternative dispute resolution, has seen a spike in early neutral evaluations, which are requested within about two months of a couple's divorce filing.

The state's most populous county saw a noteworthy increase in the first four months of 2010.

Compared with the same period in 2009, Judge Tanja Manrique of Hennepin County Family Court noted an 8 percent rise in divorce case filings involving children and a 5 percent increase in filings not involving children.

"These are statistically significant numbers for us," she said. "Last year, dissolution filings for most months were flat. As the economy starts to rebound, people come to the conclusion they need to go on with their separate lives."

Jeff Hicken, president of AAML's Minnesota chapter, said that filings are also up in Anoka County, where he practices. His caseloads and those of several other Minnesota members have risen in the past few months, he said.

Alyssa Saterdalen of Golden Valley did not hold off on getting divorced because of the recession, but it did affect the length of the process.

The filing decline hasn't been bad for everyone in the divorce business. Dan Simon, who specializes in mediation, said he has not seen a business slowdown in his practice because "it's a lower-cost choice."

Minneapolis attorney Edward Winer of Moss & Barnett sees the recession as an advantageous time for some of his clients to get divorced.

"A business owner or owner of other valuable assets may want to divorce when his assets' value is at its lowest, because the courts are compelled to use current market value for property settlements," he said.

While divorce rate fluctuations are often used as economic indicators, Dittberner believes it's too soon to declare a connection.

"Frankly, housing prices have not rebounded to a level yet that would correlate," he said. " I think this is more pent-up demand for divorce than it is, 'Gee, we'll be able to pay off the mortgage.' I don't think that sense of security is there yet, although prices are moving in the right direction."