FAYETTEVILLE, Ark. -- A University of Arkansas law professor has shown that two factors are associated with post-divorce litigation in divorcing couples with children. Of the variables tested, only being married less than seven years and filing a counterclaim were related to post divorce litigation. These findings may help judges, lawyers and counselors determine which divorcing couples may need mediation to help settle their disputes.

Janet Flaccus, professor of law, studied the first five months of the 1995 Washington County divorce records examining only files of couples with children. She wanted to see if there were factors that could predict which couples used the court system to settle post-divorce disputes.

Studies have shown that post-divorce fighting has been linked to many problems including the worsening of depression and a decline in academic performance in children, so Flaccus wanted to examine whether any information in the early pleadings in a divorce would be predictive of post divorce litigation.

"The goal is to stop the fighting," she said. Some studies suggest that early intervention efforts produce the best results. Other studies have shown that mediation works well for divorcing couples trying to reach compromises for their newly forged family situation, but such intervention is expensive.

In the 1990s, legislators and courts all over the United States began addressing concerns about the impact of divorce on children by implementing parent education and mediation programs. Flaccus has been unable to find much analysis on how effectively these parents are being selected for such efforts. If all parents are sent into these programs then selection is not a problem. However, if just some are selected, what is the criterion for selecting these couples?

The results of this study answer the question for the Washington County sample. The study is designed for open discussion and hopefully will generate additional studies, Flaccus said.

She performed regression analysis on 186 divorce records of couples with children. She looked at who filed counter-claims; how long they had been married; who filed protective orders, interrogatories, depositions and motions to dismiss; custody requests and how many children the couple had.

The data in Flaccus's study showed that if you have 100 couples that file counterclaims and have been married less than seven years, then 76 of those couples will continue to fight in court after the divorce. If you have 100 couples married for longer than seven years who did not file counterclaims, the number who continue litigation drops to 30.

Being married less than seven years and filing a counterclaim were related to post divorce litigation at the 95 percent confidence level.

"We're not saying that this is what has caused the fighting, but there is an association," Flaccus said. She sees likely problems for the children in the families that continue to fight after the divorce. She said that the goal is to take angry parents and help them recognize the needs of the children and become loving, caring, and nurturing. These parents are the ones who have the children who do the best.

One regression analysis remains to be run on the age of children. After that, the findings will be ready for publication. She acknowledges that there are limitations to the data she analyzed, including a lack of information on family income and education level. This information was not available in the court records "It would be good to see other studies looking at this question," she said.

---University of Arkansas

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