The Divorce Papers: A Novel (21 page)

Narragansett Statutes

Title 33 of the Narragansett Code, Sections 801ff.

Dissolution of Marriage, Annulment, and Legal Separation

Sec. 830. Equitable distribution.

In the division of assets, the distribution of income, the assignment of property, the award of child support, the award of alimony, and all other allocations of resources,
the court must recognize the parties’ relative financial needs and earning abilities as well as their contributions to the wealth of the marriage.

Evil Thoughts

Dear Maggie—

I am having evil thoughts. It’s almost midnight and I’m still at work; I just finished up a memo for THE DIVORCE. Never get divorced. The things you fight about are so demeaning. Everything comes down to money. I keep thinking of Oscar Wilde’s definition of a cynic as someone who knows the price of everything and the value of nothing. He was talking about a divorce lawyer.

I’ve been drafting an email to DG in my head; it oozes artless innocence:

I can’t stop myself from thinking about it when it’s late and I’m tired. I find my thoughts turning dark and mean. They are not behaving well. And of course, neither am I.

I haven’t seen or heard from Harry in days. He sent me an email the epitome of short and sweet, with a quote from
The Real Thing
(Henry on happiness) last Saturday, but since then nothing. No answer at his place. Is he alive?

Love,
Sophie

Dear Sophie—

DO NOT, repeat, DO NOT send an email like that to David. You will regret it. I know you’re hurt and maybe a little jealous too, but you’ll wreck your relationship with him if you go through with it. DO NOT DO IT.

If you need to hash it out with one of the miscreants, hash it out with your mother. (I’m not recommending this; I’m only saying that talking to her is better than going after him.) Of course, if you talk to your mother, you won’t do the damage you’d do if you sent that email to David. She won’t be in the least embarrassed, only annoyed. And she’ll let you have it, with both barrels. (Here I go, channeling Elisabeth Diehl.) She’ll tell you to grow up, mind your own business, and get on with your own life. She’ll say you’re not the only one who’s allowed to behave badly now and again. And she’s right.

Harry left New Salem after closing night on the 19th. He said he had an emergency in NYC and took off at 4 am right after the set was struck. He looked tired and worn and worried and sad. Something was wrong. I thought you knew.

I am too tired to write another word. I need to go to bed. Matt and I went to a party in NY last night and didn’t get home until 3. Don’t do anything stupid or rash. I’m sorry if I’ve been rough here and hurt your feelings; I haven’t the energy to be more tactful. You’ve got to finish up this divorce. Can’t you read them the riot act and tell them to shape up and get this thing over? It’s not good for you. (It must be truly terrible for them.)

Love,
Maggie

April 26, 1999

Dear Joe,

I am writing to you personally because I want to clear the air. You were right about Fiona’s reprimand. I was wrong. Proctor was wrong. I don’t know that I’d have dug in the way I did if she were a man. We didn’t do anything with Wynch; she was right about that. You saw the letter I wrote. I also spoke to her privately and expressed my personal apologies and regret.

As for your second accusation, I think, as my Welsh granny used to say, you’re over-egging the pudding. This firm is not racist or ethnically discriminatory. As someone who belongs to what you refer to as the WASP ascendency, I don’t know how it feels to be excluded from it, but I’m having serious trouble (and I mean real serious trouble) seeing you as an outsider. You went to Harvard and Harvard Law School; your dad was a federal judge; you made partner here at 33; Harvard Law woos you every other year, and we have to up your share to keep you. Which we do.

Fiona’s got a thing against Sophie, which I don’t understand——but that’s beside the point. I don’t know if she will stay. She’s very angry——and not only at Sophie.

Yours,
David

Valuing a Medical Degree

David,

I just saw Sophie’s memo on valuing a medical degree. There’s a case now on appeal to the Narragansett Appellate Court, 2nd Division,
Petrus v. Petrus,
No 1998-456. I hope she didn’t spend too much time on the memo or charge the clients too much for the work. The briefs pretty much lay out both sides. I’m not sure how she missed it. Could she have forgotten to look at Narragansett cases? I’ve cc’ed her.

Fiona

TRAYNOR, HAND, WYZANSKI

222 CHURCH STREET

NEW SALEM, NARRAGANSETT 06555

(393) 876-5678

ATTORNEYS AT LAW

April 27, 1999

Ray Kahn, Esq.
Kahn & Boyle
46 Broadway
New Salem, NA 06555

Dear Ray:

I have given copies of your letter of April 19 and Dr. Durkheim’s settlement offer to my associate, Anne Sophie Diehl, who will respond to the offer in detail after she has discussed it with our client, Maria Meiklejohn, and reviewed all the relevant documentary evidence. Ms. Diehl is the person best acquainted with the case and is accordingly the best person to answer you. You can expect her letter and Ms. Meiklejohn’s counteroffer as soon as we are confident that we have a full and accurate picture of the family’s financials. We will move as quickly as we can—we too would like to see the matter settled expeditiously—but we want to give Dr. Durkheim’s offer the attention it deserves and craft a counteroffer that represents the best interests of our client and their daughter, Jane.

While we agree that Ms. Meiklejohn’s knowledge of the couple’s financial situation is fairly complete, we do not believe we can in good faith dispense with discovery. It would be irresponsible of us to proceed without knowing that we have the best information available to us. Following usual firm policy in cases of this sort, we have asked Patrick O’Dell, a private investigator the firm has on retainer, to conduct a complete investigation of the couple’s assets and property. We have also lined up John Katz, a forensic accountant with Addison & Co., to review all the materials and information produced through the discovery process and Mr. O’Dell’s inquiries. Mr. Katz will also be able to
provide an actuarial assessment of the annual gifts Bruce Meiklejohn has made to the couple over the 16 years of their marriage and a statement on the present and future value of Dr. Durkheim’s medical degree. On this latter point, we believe Ms. Meiklejohn has a right to some form of reimbursement alimony for the contributions she made to her husband’s career. As you know, she supported him for eight years while he was doing his postdoc, internships, and residency; she also gave up her career in New York to move with him to New Salem.

There are other steps we need to take as well. We will want a current assessment of the St. Cloud Street house. We have asked Laura Bucholtz of RealProperties Inc. to conduct it. I don’t think there’s anyone in New Salem who knows the high-end market better than she does. Last year she sold nine homes in the St. Cloud Street area, and she currently is acting as broker for three others.

I am enclosing our discovery requests with this letter. I don’t imagine that Dr. Durkheim has any secret Swiss bank accounts, but if he does, you will of course let us know. We will respond promptly to any discovery requests you make of Ms. Meiklejohn.

Yours truly,

David Greaves

Commonwealth of Narragansett

Family Court

Notice of Request
Mandatory Disclosure & Production

Now comes the defendant
Maria M. Durkheim
by her attorneys, and serves a Notice of Request for Mandatory Disclosure and Production on the plaintiff
Daniel E. Durkheim
for the following records and documents:

Plaintiff’s duty to disclose is ongoing. The requests made here do not preclude other discovery requests or motions.

Certificate of Service

I,
David Greaves
, Esquire, hereby certify that on the
27th
day of
April 1999
, I caused a copy of the foregoing Notice of Request for Mandatory Disclosure and Production to be served on plaintiff’s attorney by mailing a copy, first-class, postage prepaid, to:

Ray Kahn, 46 Broadway, New Salem, NA 06555.

Signature of Attorney:
David Greaves, Traynor, Hand, Wyzanski

Dear David,

I’m following up on Fiona’s email on valuing a medical degree. I’m so sorry—and so embarrassed. I missed
Petrus
. I read the briefs last night. I say pretty much the same things, but their fact situation is much stronger. Wife has no family money, no job, no education, and she worked solidly to put her husband through college, medical school, and internship. So maybe, given Ms. Meiklejohn’s situation, it’s different??? I’m feeling stupid.

Sophie