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The choice of a life partner significantly shapes various aspects of our existence, influencing mental health, self-esteem, happiness and even longevity. A study by Jia Haomiao and Erica Lubetkin titled “Life Expectancy and Active Life Expectancy by Marital Status Among Older U.S. Adults” highlights that married individuals aged 65–85 generally enjoy longer total and active life expectancies compared to their unmarried counterparts. Specifically, married men tend to live 2.4 years longer, while married women live 1.5 years longer than those who are single.
Despite the advantages associated with marriage, statistics reveal that approximately 40–43% of first marriages end in divorce, as reported by the American Psychological Association. This statistic suggests that out of every 100 couples marrying for the first time, about 41 may experience divorce. However, divorce rates have decreased since the 1980s. According to the Pew Research Center, about two-thirds of those who are divorced eventually remarry. Additionally, younger generations, including Gen Z (born 1997-2012) and Millennials (1981–1996), are marrying at older ages, with averages now at 30 for men and 29 for women, likely contributing to lower divorce rates.
The consequences of divorce extend beyond emotional distress, affecting social and economic dynamics within families. The Life Change Index Scale ranks death of a spouse, divorce and marital separation among the most anxiety-inducing life events. Financially, the costs associated with divorce vary widely based on legal complexities and location, generally ranging from $4,100 to $23,300 per side. Attorney rates can fluctuate between $250 to $800 per hour, influenced by the region — higher legal fees are typically found in urban centers like Washington, D.C., compared to Casper. Even within the same region, the difference in divorce cost can be large; a divorce in Jackson will cost more than a divorce in Cheyenne.
One of the most contentious issues in divorce proceedings often revolves around child custody. The custody battle can exacerbate tensions, revealing the worst behavior in estranged spouses. Recent developments in Wyoming legal precedence signify a shift in how mental health is evaluated in custody disputes. For instance, the Wyoming Supreme Court recently provided the authority to mandate mental health examinations in custody cases, as seen in Domenico v. Daniel, 541 P.3d 420 (Wyo. 2024). Such evaluations can be initiated by either party, the presiding judge, or a guardian ad litem, aimed at assessing a parent’s capacity to prioritize their child’s best interests.
While there’s no blanket right to a mental health evaluation in custody cases, courts may grant one when substantial evidence suggests a parent’s mental health issues could negatively affect their ability to care for their child. This recent development in Wyoming law underscores the critical intersection of mental health and family law; contested custody cases often hinge on perceptions of parental fitness, and mental evaluations can play a pivotal role in these determinations.
The choice of a partner, while impacting longevity and well-being, can also lead to complex legal challenges when relationships deteriorate. Understanding these dynamics is essential for navigating the trials that arise during divorce.
P. Craig Silva is the current president of the Wyoming State Bar. He has practiced law for almost 30 years, and now exclusively represents clients in the federal court in Wyoming.
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