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Stonehenge under the full moon

Mysteries of the Universe

What makes men and women different?

 

Leigh de la Reza

Leigh de la Reza will join Vaught Law Firm, P.C. as Of Counsel in August!

Since the beginning of time, men and women have looked to the skies for answers to complex issues, not the least of which is how to understand each other.  This month's guest writer is Matthew Ferrara, Ph.D. with Westlake Trial Consulting.  His topic is how he uses gender differences when he assists with the selection of a jury and how it can apply to almost all divorce cases.  Jimmy Vaught elaborates with his view of how both spouses move through the divorce process.
Easter Island meets Stonehenge

Stonehenge meets Easter Island in Texas

Stonehenge has always been fascinating to me.

Jimmy Vaught

Jimmy Vaught

I've never been to the English moor to see the real deal - just to the one in Kerrville that's made of chicken wire and stucco.  It used to be in a field near Hunt, Texas along with "reproductions" of Easter Island heads. 

 

Each summer, when we vacation near there, we make a pilgrimage to see it.  I wish I had been able to meet the people who built it.  I imagine that it was the husband's obsession, and the wife simply shrugged and let him do it, and eventually left him, alone with his vignette in the field.

 

In most divorcing couples, one of them is "ready" and the other one is in denial about the breakup of the marriage.  Very few come to the conclusion at the same time and in the same way.  For most spouses, there comes a moment of realization for one of them that things are not ever going to change or get better, and the only option left is to leave.  At that point, that spouse comes into my office and says, "How soon can this be over?"  They have made the decision and moved on.  The hard part for both spouses is that the divorce takes both of them to come to an agreement.  It takes time for the grieving spouse to realize that this is not a bad dream, it is not going away, and that everything that was a given isn't anymore. 

 

The divorce process moves along at a pace that is set by the most resistant party involved.  I can maneuver and push it along to some degree, but to do so requires the court to intervene and order the other spouse to comply with each request.  Hearings are expensive and most clients don't want to spend the marital estate on unnecessary attorney's fees.  I often refer clients to various mental health professionals to work with the couple, outside of my office, so that each party has time, in a safe and moderated forum, to hear and understand the other spouse's issues.  Sometimes, not often, they reconcile because they are finally communicating with each other. 

 

When one spouse cannot or will not accept the divorce, and refuses to bend on any issue, no matter how small, we go to trial.  I find that when a trial is necessary, almost always at least one of the spouses is impaired, either by a desire for revenge, mental illness, arrogance or unrealistic expectations.  Trials rarely have the desired result that the spouse who refused to compromise dreams for.  No one in the judiciary, to my knowledge, has ever taken a cheating spouse out behind the courthouse for flogging and public humiliation.

 

Many times the spousal divorce dance plays out along gender lines, as our guest author Matthew Ferrara, suggests, in his article below.  In my experience, not all Martians see in black and white, and not all women experience life in color.  People run the full gamut, and that's part of why family law is still fascinating to me.

 

  
  

Men are from Mars ...

My Favorite Martian

and Martians see things in terms of

 black and white!

  

               As trial consultants, one of our most important

Matthew Ferrara, Ph.D.

Matthew Ferrara, Ph.D.

jobs is to help attorneys with jury selection. We learned a long time ago that gender makes a big difference regarding how jurors deliberate a case. Specifically, we know scientific research shows that when compared to women, men tend to be more black and white in their thinking.  Click to read recent article.

               Perhaps the most striking recent example of male-female differences during deliberations comes from the two trials for now convicted, former Illinois

Rod Blagojevich

Rod Blagojevich

Governor Rod Blagojevich.  A woman from Governor Blagojevich's first trial which resulted in a hung jury said, "The men totally dominated the discussion the last time and a lot of women were not treated very nicely."  Just yesterday, an eleven-woman and one man jury convicted Governor Blagojevich on seventeen of twenty counts.

 Gender can  make a big difference when jurors deliberate a case. Gender can also make a big difference when mediating or settling a divorce. 

You need to be aware that men and women differ greatly in terms of how they process information and make decisions. If it seems like it takes a long time for a man and woman to agree on different aspects of the divorce, it is not just a simple matter of two people disagreeing. It is a complex matter of letting people with different ways of making decisions come to a common ground. This takes time and if you are patient, your patience will be rewarded.

 

Matthew L. Ferrara, Ph.D.

Westlake Trial Consulting

Go to my Website

(512) 944-0551

 

  

Leigh de la Reza

Law Office of Leigh de la Reza

 
Please welcome Leigh de la Reza as Of Counsel to the Vaught Law Firm.  Leigh's practice includes family law, both traditional and collaborative as well as juvenile law and wills and estates. 
  
Leigh's contact information is below.
  
Leigh de la Reza
Law Office of Leigh de la Reza
(512) 301-0274
Table of Contents
Stonehenge meets Easter Island in Texas
Men are from Mars ...
Leigh de la Reza

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Jimmy Vaught
Vaught Law Firm, P.C.
512-342-9980
  
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In the News

Jimmy Vaught will be speaking at the State Bar of Texas Advanced Family Law Course as part of a family law appellate panel during the first week of August, 2011.
  
  

We are always looking for interesting guest authors.  If you or someone you know would like to contribute, call or email us.  We'd love to hear from you.

 

Email Tracy!

Tracy Vaught, CPA

Vaught Law Firm, P.C.

(512) 342-9980