Divorce, West Memphis Three, and Alford Doctrine

Recently the West Memphis Three, stood up in a courtroom, proclaimed their innocence even as they pleaded guilty, and, minutes later, walked out as free men. This is known as the Alford Plea or Doctrine. In an Alford Plea, the criminal defendant does not admit the act, but admits that the prosecution could likely prove the charge. The court will pronounce the defendant guilty. The defendant may plead guilty yet not admit all the facts that comprise the crime. An Alford plea allows defendant to plead guilty even while unable or unwilling to admit guilt. One example is a situation where the defendant has no recollection of the pertinent events due to intoxication or amnesia. A defendant making an Alford plea maintains his innocence of the offense charged. One reason for making such a plea may be to avoid being convicted on a more serious charge. Acceptance of an Alford plea is in the court's decision. The Alford guilty plea originated in the United States Supreme Court case of North Carolina v. Alford (1970). Henry Alford had been indicted on a charge of first-degree murder in 1963. Evidence in the case included testimony from witnesses that Alford had said after the death of the victim that he had killed the individual. Court testimony showed Alford and the victim argued at the victim's house. Alford left the house, and afterwards the victim received a fatal gunshot wound when he opened the door responding to a knock.

This made me think whether the thinking behind the Alford Doctrine could apply to divorce cases. In fact we probably do. We often have one party who does not agree to for example paying alimony. Under the Alford Doctrine the party would say I don’t believe I should pay alimony but in order to avoid something worse, I will pay it.

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Affairs no longer the leading reason for divorce?

Grant Thornton’s 2011 matrimonial survey sought the opinion of 101 family lawyers in England and Wales on various issues surrounding matrimonial work undertaken by family lawyers.

For the last 8 years the findings of the survey have established that the top cited reason for divorce is extra-marital affairs. However this year, for the first time, the top cited reason given by the participants was that the parties had ‘grown apart’ or ‘fallen out of love’. 27% of the responses suggested that this was the most common reason for a marriage breakdown. Extra-martial affairs came a close second at 25%.

Interestingly, in these difficult economic times only 1% of the family lawyers responding to the survey thought that business problems were the leading cause of marriage breakdown and divorce.

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‘Tough love’ vital for children of divorcing parents

Think tank ‘Demos’ has published research on the UK’s drinking habits, The Telegraph reported over the weekend, showing strong links between a child’s upbringing and his or her future relationship with alcohol.

Perhaps unsurprisingly, according to Demos children whose parents divorce are “more likely to have ‘problematic drinking behaviours’”, due either to the stress of the divorce process or impact it has on the parent/child relationship.

The research reveals that children are affected most, not by divorce itself, but by a parent becoming ‘disengaged’ from their child as a result.  Divorcing parents must remain emotionally engaged with their child, regularly demonstrating warmth and affection particularly when a child is under five, to reduce the chances of their pre-schooler drinking to excess by the time they reach 16.

However children also need discipline particularly during the emotional upheaval caused by separation, and parents must ‘set and enforce clear boundaries’.  If parents can work together and set aside their own issues, their children are far less likely to develop such social issues in their teens.

It is vital to obtain divorce advice from a specialist family law solicitor if you are concerned about co-parenting following separation. 

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