The Divorce Papers: A Novel Read online

  523 appreciate how extraordinary he was. If I made them dinner,

  524 they thanked Daniel; if he didn’t visit them, it was my fault.

  525 They made sure they didn’t die in debt. They were fierce

  526 about not saddling Daniel with nursing home costs and the

  527 like. They had long-term-care insurance for nurses and that

  528 sort of thing, and they belonged to burial societies and had

  529 prepaid their funerals, coffins, headstones, plots, even the

  530 cantor. God, my father never prepays anything. You lose the

  531 float.

  532 Q. Have you begun to think about what you want out of this

  533 divorce?

  534 A. I will need support for a while, but I don’t want to take

  535 him to the cleaners. I don’t have bag-lady fears, at least not

  536 acute ones. After all, I’ve got the Bruce Meiklejohn safety

  537 net. My wishes are personal, not financial. I want to come

  538 out of this with my ego intact. And I’d like it if Daniel’s took

  539 a beating. I don’t want anything really bad to happen to

  540 him. No fatal diseases, no malpractice cases, no accusations

  541 of scientific fraud. He is, after all, my daughter’s father. But

  542 I don’t want anything good to ever happen to him either.

  543 I want nothing to happen to him. I want him to die of

  544 disappointment, after a long, lonely, cheerless life that ends

  545 with bedsores and tubes up the nose, in a nursing home.

  546 Q. You have thought about it. Your husband seems to want

  547 to move quickly. Will you be able to do that?

  548 A. I don’t know. He’s got a mean temper. He blows up easily

  549 and horribly if he feels thwarted in any way. He thinks he’s

  550 always right, and when people disagree with him, he invariably

  551 regards them as stupid or envious or malignant. He was

  552 arrogant when I met him, but tolerably so; then, it seemed to

  553 me he just knew how good he was. Now, he’s too important to

  554 take out the garbage, or telephone when he’s going to be late,

  555 or remember my birthday. I think the Freeman Prize did it.

  556 He was the youngest recipient ever. That’s a long answer. I just

  557 don’t know how awful he’ll be. Of course, I can be awful back.

  558 I’ve learned how to do that. God, I hope Jane survives us.

  559 Q. Do you have any questions for me?

  560 A. Could you tell me about Narragansett divorce law?

  561 What next?

  562 Q. Let’s fill out the Divorce Work Sheet: Summary

  563 Biographies. Then I’ll tell you what I know about the law and

  564 show you a copy of our retainer agreement. I’ll also set up an

  565 appointment right now for next week for you to meet with

  566 Fiona McGregor.

  567 A. I was dreading this unnecessarily. Thank you. Thank

  568 you so much. Is it really true you’ve never done this before?

  569 You’re a natural.

  570 [Note to Hannah: I set up an appointment with Fiona for

  571 Tuesday, March 23, at 10 a.m.]

  572 [End of Transcript]

  TRAYNOR, HAND, WYZANSKI

  222 CHURCH STREET

  NEW SALEM, NARRAGANSETT 06555

  (393) 876-5678

  Divorce Work Sheet: Summary Biography

  Attorney Work Product

  From: Sophie Diehl

  To: Files

  RE: Matter of Durkheim

  Date: March 17, 1999

  Maria Meiklejohn Durkheim: Wife

  Date of Birth:

  July 14, 1957, Age 41

  Marriages and Divorces:

  Daniel Durkheim, married June 21, 1982

  Children:

  Jane Mather Durkheim, born April 23, 1988

  Education:

  B.A. University of Chicago 1979

  M.Phil. Mather University 1995

  Ph.D. Mather University, expected 2001

  Employment History:

  Femina Magazine

  Assistant to the Features Editor, June 1979 to June 1981 $ 19,000

  Assistant Features Editor, July 1981 to July 1983 $ 28,000

  Features Editor, July 1983 to October 1988 $ 42,000

  Monk’s House (Publishing Company)

  Editor, Nonfiction, October 1988 to July 1991 $ 47,000

  Freelance Editor, August 1991 to August 1992 $ 23,000

  Mather University

  Teaching Assistant in English, August 1993 to August 1995 $ 4,000

  Writing Tutor, English Instructor, August 1995 to present $ 14,000

  TRAYNOR, HAND, WYZANSKI

  222 CHURCH STREET

  NEW SALEM, NARRAGANSETT 06555

  (393) 876-5678

  Divorce Work Sheet: Summary Biography

  Attorney Work Product

  From: Sophie Diehl

  To: Files

  RE: Matter of Durkheim

  Date: March 17, 1999

  Daniel Edward Durkheim: Husband

  Date of Birth:

  March 14, 1947, Age 52

  Marriages and Divorces:

  Helen Maxwell Fincher, married December 7, 1974, divorced June 7, 1982

  Maria Mather Meiklejohn, married June 21, 1982

  Children:

  Thomas Maxwell Durkheim, born November 1, 1976

  Jane Mather Durkheim, born April 23, 1988

  Education:

  B.A. Columbia College, Columbia University 1969

  M.D. College of Physicians and Surgeons, Columbia University 1978

  Ph.D. Columbia University Graduate School of Arts and Sciences 1980

  Post-Degree Education and Training:

  Postdoctoral Fellow, Columbia University, 1980 to 1981 $ 18,000

  Intern, Pediatrics, Presbyterian Hospital, 1981 to 1982 $ 20,000

  Intern, Oncology, Presbyterian Hospital, 1982 to 1983 $ 22,000

  Resident, Pediatric Oncology, Presbyterian Hospital, 1983 to 1986 $ 24,000

  Chief Resident, Pediatric Oncology, Presbyterian Hospital, 1986 to 1987 $ 30,000

  Employment History:

  United States Army, Vietnam, 1969 to 1971, Medic $ 8,000

  College of Physicians and Surgeons, Columbia University

  Assistant Professor, 1987 to 1988 $ 80,000

  Professor, 1988 to 1991 $ 150,000

  Mather Medical School and Mather Medical Center

  Professor, 1991 to present

  Chief, Department of Pediatric Oncology, 1992 to present $ 370,000

  Commonwealth of Narragansett

  Family Court

  County: Tyler Docket No: 99-27

  Domestic Relations Summons

  Daniel E. Durkheim Plaintiff

  v.

  Maria M. Durkheim Defendant

  To the above-named defendant:

  You are hereby summoned and required to serve upon plaintiff’s attorney: Ray Kahn

  whose address is: 46 Broadway, New Salem, Narragansett 06555

  a copy of your answer to the complaint for: divorce

  within: 20 days of service of this summons

  If you fail to return service, the Court will proceed in 90 days to the hearing and adjudication of this action without you.

  You are also required to file your answer to the complaint in the Office of the Registrar of the Family Court at: New Salem, NA

  At: New Salem, NA

  Date: February 15, 1999

  Registrar of Family Court: Paul McIntyre

  Acceptance of Service

  I, the above-named defendant: Maria M. Durkheim accept service of this summons and understand that judgment may be rendered against me in accordance with the complaint, a copy of which I have received this day:
>
  Date:

  Signature of defendant:

  _________________________

  The above-named defendant: Maria Durkheim

  swears that the acceptance of service was his free act and deed.

  Date:

  Notary Public:

  Signature of Notary Public:

  Commission Expiration Date:

  Commonwealth of Narragansett

  Family Court

  County: Tyler Docket No: 99-27

  Complaint for Divorce

  Daniel E. Durkheim Plaintiff

  v.

  Maria M. Durkheim Defendant

  1. Plaintiff who resides at: 404 St. Cloud Street, New Salem, NA 06556 is lawfully married to the defendant who resides at: 404 St. Cloud Street, New Salem, NA 06556

  2. The parties were married at: New York, NY on: June 21, 1982 and last lived together: currently at: 404 St. Cloud Street, New Salem, NA 06556

  3. The minor child of this marriage is: Jane Mather Durkheim who was born: April 23, 1988

  4. Plaintiff certifies that no previous action for dissolution, divorce, annulment, separation, support, desertion, custody, or visitation has been brought by either party against the other: none

  5. On or about: January 3, 1999 the plaintiff determined that: there was an irretrievable breakdown of the marriage that continues to the present time.

  6. The plaintiff requests that the Court

  a. grant a divorce for: irretrievable breakdown of the marriage (33 N.C.A. §801ff.)

  b. grant custody of the above-named child: joint

  c. order a suitable amount of support for the above-named child: yes

  d. order exclusive use of the family home to: Daniel E. Durkheim

  e. order spousal support: no

  f. order equitable distribution of the marital assets: yes

  Signature of attorney: Ray Kahn, Kahn & Boyle

  Name of attorney: Ray Kahn, 46 Broadway, New Salem, NA 06555

  Date: February 15, 1999

  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

  From: David Greaves

  To: Sophie Diehl

  RE: Matter of Durkheim: Attorney Reassignment

  Date: March 23, 1999

  Attachments: Maria Durkheim’s Letter of March 19
, 1999

  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

  * * *

  From: Sophie Diehl

  To: Maggie Pfeiffer

  Date: Wed, 24 Mar 1999 14:31:39

  Subject: Advice Sought 3/24/99 2:31 PM

  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

  * * *

  Re: Advice Sought

  From: Maggie Pfeiffer

  To: Sophie Diehl