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Navigating Cultural Issues in Divorce: A Lawyer's Perspective

Posted by LEISA WINTZ | Aug 31, 2024 | 0 Comments

When representing clients in divorce cases, it's crucial to recognize that legal issues often intersect with cultural and religious beliefs. Recently, I had a conversation with the daughter of an older Muslim woman I am representing in a divorce. This discussion highlighted some of the cultural and emotional complexities that can arise when navigating divorce within certain communities.

The daughter's frustration was palpable as she expressed her concerns. She felt caught between supporting her mother and respecting the cultural and religious dynamics at play. "If you're not going to do anything to help yourself, then I just won't deal or help with anything you got going on," she told her mother. Her sister disapproved of this stance, seeing it as a lack of support. Yet, the daughter recognized that her mother's hesitation was rooted not in legal concerns but in cultural and religious fears.

From a legal standpoint, my role is to provide clear guidance and support through the divorce process. However, it's equally important to acknowledge when cultural and religious influences are significant factors in a client's decision-making. In this case, I had to be candid about my limitations. I explained, "I really think she needs to find somebody to help her through this. That is probably not you, and it's definitely not me. Number one, she'll go broke paying me to do that kind of thing. And number two, it's not my lane. I'm not Muslim. I'm not from this culture. But I understand enough to recognize that it is very likely going to be a struggle and an issue in this case from both perspectives."

Recognizing my limitations, I offered to help find a Muslim therapist who is more progressive and could provide the emotional and cultural support the client needs. It's essential to address the cultural and emotional aspects of a case, not just the legal ones. A therapist who understands the cultural context can provide invaluable support to a client feeling torn between community expectations and personal well-being.

I also emphasized the importance of not letting the process drag on, as delays can reinforce fear and hesitation. "You can't let her dilly-dally," I advised. "The longer she takes to start doing these things, the longer they have to influence and fear." Fear and intimidation tactics from the community or family can delay necessary actions, making it crucial for the client to have someone advocating for their strength and empowerment.

The case with my client has been ongoing for months, with significant issues such as her husband attempting to sell their house without her consent. This situation clearly illustrates that the delay in proceeding with the divorce is not due to a lack of legal grounds but rather emotional and cultural barriers. "There's no logical reason for her to stay," I pointed out. "If she's staying, it is for an illogical reason, and if their fear and intimidation tactics are working, then it tells me that she needs somebody in her ear from the other side that also is working to make her feel strong and empowered to do this."

Navigating a divorce where cultural and religious factors are involved requires sensitivity and an understanding of these influences on the client's decisions. It's not just about the legal process; it's about ensuring the client feels supported emotionally and culturally. Finding the right professionals to help in these areas is vital to a successful outcome.

For anyone navigating similar situations, my advice is to seek out support systems that understand both the legal and cultural aspects of the case. Empower your clients with knowledge and confidence, and recognize the importance of addressing emotional and cultural concerns alongside legal strategies. In doing so, you can help them move forward in a way that respects their values while also securing their future.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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