Authors: Will Allison
I couldn’t take it; I went downstairs and got on the other phone. “Helen?” I said. “I was almost involved in a car accident last week. A boy died. Liz is afraid I’ll get sued and we’ll lose everything, so she wants a divorce. Then she wants to get back together when it’s safe.”
There was the sound of Helen lighting a cigarette. She was quiet for a long time. I was hoping she’d tell Liz she was out of her mind.
“Well,” she said. “That’s some plan.” Then she said it wasn’t her place to judge, of course she’d come if we needed her. She’d been planning to stay with us during tax season anyway, like she always did. “I’ll just come earlier.”
“You don’t need to go along with this,” I said. “It’s not going to happen.”
“Will you get off the phone?” Liz said. “Mom, listen, I’ll call you later.”
When she hung up, Liz was furious. “What if she tells someone?”
“I hope she tells
everyone
.”
“They could make her testify.”
I just stared at her. She pressed the heel of her hand to her forehead.
“All right,” she said, “that didn’t make any sense. But dammit, this has to stay between
us
.”
“What about Sara? What are you going to tell her?”
The next morning, Liz called in sick for the first time in two years, then started calling lawyers. She found one out in Livingston who could meet with her at noon, and she was home from his office in time to ride with me to pick up Sara. On the way, she went over the eight grounds for divorce in New Jersey, ticking them off on her fingers: extreme cruelty, adultery, desertion, addiction, institutionalization, imprisonment, deviant sexual conduct. She said the lawyer, Floyd Braun, had recommended extreme cruelty, because it was the easiest.
“It’s just a term of art. It doesn’t mean anybody was actually cruel.”
“Why are you even telling me this crap?” I said. “And I thought there were eight.”
“There’s also no-fault separation,” she said, “but that takes eighteen months.”
That night, I got on the computer myself, wanting to find out what I might be in for and what I could do about it. After an hour or so, I was coming to the conclusion that
I’d need a divorce lawyer myself when I happened across an advice column, a lawyer responding to a question about debts and marriage in New Jersey. Referring to a precedent in the state case law, he said that the courts typically didn’t hold separated spouses accountable for one another’s debts.
Separated, as opposed to divorced.
Reading the column again, it occurred to me that I was going about things all wrong. Fighting wasn’t getting me anywhere; it only made Liz dig her heels in. Maybe the best thing to do was play along, ride it out until she came to her senses. In the meantime, I’d be in a better position to keep her from doing any real harm.
I printed out the column. Liz was in bed, circling ads in an apartment finder. “Good-bye, divorce,” I said, laying my discovery in her lap. “We could just separate instead.” I couldn’t believe I was saying it, but I didn’t plan on being gone long, just time enough for things to cool off. “We’ll make it look like we’re planning a no-fault divorce while we wait out the statute of limitations.”
She closed the apartment finder and started reading. “And you’d go along with this?”
“It would be easier,” I said, “and faster. And a million times less likely to completely ruin Sara’s life.”
She didn’t look convinced. “What happened to a court order and all that?”
I said I didn’t want us getting wiped out any more than she did, and I certainly didn’t want a divorce. “Do you want to try this or not?”
_______
Up until that day, I’d thought of myself as a man who would never leave his family, and yet that’s what I was proposing to do. It’s important to me that you understand why.
First, as hard as it was for me to believe, your mom
was
apparently serious. She’s a willful person. And it was a complicated situation; despite what she said, I can’t believe the accident was the only thing she was reacting to. I think she must have been mad at me for a while, or disappointed at the way our marriage had turned out. Somehow all of that got tangled up in the decision she was making. So for me, it was come up with plan B or fight her all the way to court.
Second, I felt like I owed her. I was the one who’d gotten us into trouble—or at least potential trouble—and then lied to her about it.
And third, considering what Tawana was going through, who was I to complain about a few weeks apart from my family?
Because that’s what I thought it would be—a few weeks. Once I was out of the house and she saw there was no lawsuit coming, she’d realize how foolish she was being, what a terrible mistake she’d made. I was sure it was only a matter of time. I swear to you, sweetie, if I’d thought there were even a chance I’d be gone longer, I never would have left.
_______
In the morning, Liz called Floyd Braun and told him we were considering a no-fault divorce but that she was concerned about potential legal trouble arising from my tax work. She didn’t actually say I had shady clients, but that’s what it sounded like. She asked if she’d be liable for any judgments against me during the separation period. Braun more or less confirmed what I’d told her. He said a divorce was the only foolproof way, but yes, for all intents and purposes, a separation was just as good in New Jersey.
“But what if the judge decided we hadn’t been apart long enough?” she said.
He said that was unlikely, so long as it was clear to the court that we intended to divorce.
After she hung up, she stood at the sink with her hands on her hips, staring out the window at Sara, who was in the backyard waiting for me to drive her to school.
“We can start looking for a place this weekend,” she said. “But you heard him. It has to look like we mean it.”
We got a sitter for Sara and went to see Braun after work. His office was on the second floor of an old bank building. He was older than I expected, old enough to be in Florida doing nothing but playing golf. Before we sat down, he asked if my lawyer would be joining us. I said I didn’t have one because I wouldn’t be contesting anything. His thick eyebrows went up.
“It’s a good idea to at least talk to someone,” he said, “but there’s no law that says you have to.”
We told him we were leaning toward a no-fault divorce because we thought it would be easier on all of us, especially Sara. He made some notes in longhand on a yellow pad.
“The required separation period is eighteen months,” he said, glancing over his glasses. “Basically that means no sleeping under the same roof.”
We said we wanted to go ahead and separate our assets as soon as possible. He recommended something called a marital separation agreement, which would go into effect immediately and then be merged with the judicial decree once we filed for divorce. It would cover everything from visitation and child support to property and debt division, health insurance, disposition of the marital home, pension plans, tax issues.
“An MSA is also a good way of demonstrating no reasonable expectation for reconciliation,” he said.
On the way home, at Liz’s urging, I called Tawana’s lawyer and put off our meeting for a week, to buy more time.
The next day was Halloween. Despite the Mets jersey, Sara stuck with her Indians cap, out of loyalty. She was also loaded down with plastic jewelry.
“World Series rings,” she said, fanning her hands for us to admire.
It was barely dusk, but the sidewalks were already busy with trick-or-treaters. Sara immediately fell in with twin princesses, sisters she’d met at a neighborhood cookout that summer. Across the street, some other kids had stopped to look at the memorial. I overheard one saying the tree was haunted now.
Not wanting to ruin Halloween, Liz and I had decided to hold off telling Sara I was moving out. More to the point, we hadn’t figured out
what
to tell her. We talked it over that night, hanging back as Sara went door to door with her plastic pumpkin, Liz in her annual witch hat, me in my devil horns.
Liz came home early the next night so the three of us would have time for a walk at the county park on South Mountain before dark.
“What about dinner?” Sara said.
“We’ll eat later,” I said.
As we made our way along a trail to the waterfall, Liz and I began laying out the situation for Sara. We tried to keep it light. We told her I was going to start building up my business in case Liz quit her job, because we’d need the extra money. I’d be working all the time.
“So I’ve decided to get an apartment,” I said. “Nana will stay with us, just like during tax season.”
We both knew how lame this was, but it was the best we’d come up with.
“Why do you need an apartment?” Sara said.
“To do more work.”
“Are you going to live there?”
“For a while.”
“But if it’s like tax season, why can’t you just work and live at home?”
I said I’d be even busier.
“Can’t you be busy at home?”
“Not busy enough.”
“But why do you need an apartment to do your work?”
“Same reason Mom goes to an office,” I said. “You get more done.”
“Then why don’t you get an office?”
“That’s basically what it’ll be, an office I can sleep at.”
Sara frowned—she knew double-talk when she heard it. “But I want you to sleep at home.”
We were on a flight of stone steps that led to a lookout above the waterfall. We’d been up there before, right after we moved. The steps had been too much for Sara’s three-year-old legs, so I’d carried her most of the way. Now I was this close to saying that’s it, screw it, I can’t go through with this—except I was still convinced I’d be looking at papers for a real divorce the moment I gave up this pretend one. I reminded myself I’d be back home soon, and Sara would eventually forget the whole thing, just like she’d forgotten having ever been on those steps before.
“Race you to the top,” I said.
Sara didn’t feel like racing, but when we got to the terrace, she let me hold her hand as she balanced on a stone wall next to the path. On the other side, a sheet of rock sloped into a ravine that funneled the river toward the falls. That time of year, it wasn’t much of a river, narrow enough to step across in places.
“What a view,” Liz said, brightly.
The sun was low, lighting up the trees across the ravine, but Sara was staring at the ground. She asked when I was moving out.
“I’m not moving out. Like I said, I’ll just be staying there for a while.”
“For how long?”
I said I didn’t know, but we’d see each other every day because I’d still be driving her to school. “And you can come over every afternoon. And we can have sleepovers.”
She let go of my hand and hopped down onto the rock, poking at a patch of moss. “I thought you were going to be so busy.”
“Not too busy to spend time with you.”
“What about bedtime?”
“We’ll figure it out, sweetie,” I said. “Hey, listen to that.”
She glanced up from the moss, seeming for the first time to notice the river, the hiss of the falls.
“Let’s go see,” I said.
“Not too close,” Liz said.
The slope wasn’t steep. There were bits of broken glass, crushed cans, cigarette butts—a place where teenagers came
to drink. Sara started reading the graffiti on the rocks: somebody plus somebody forever, somebody had been there, somebody RIP. Up ahead, the boulder with the most graffiti marked the top of the falls, the point at which the river disappeared in midair. Twenty-five feet below, ripples spread across a pool.
“That’s far enough,” Liz said.
“But I want to see the waterfall,” Sara said. “Isn’t that why we came up here?”
I pulled her onto my lap. “We’ll see it on the way back, from down there.”
“To see it from up here,” Liz said, “you’d have to go over it.”
Three days after our meeting with Floyd Braun, the mail carrier showed up with a packet I had to sign for, paperwork for the separation agreement. It was the first time I’d talked to him since the accident. He scanned the bar code and tucked an electronic tablet back into his satchel. Then he cleared his throat.
“When the medics got there?” he said. “When you were telling them the kid had had a pulse? I should have spoken up, told them you were right.”
“I should have let them do their job.”
He thumbed the bill of his cap. “Truth is, at that point, I thought I might have imagined it.”
“Didn’t matter by then. If he was dead, he was dead.”
“That was a bad feeling, not being able to
do
something.” He told me he’d gone out and signed up for a CPR course the very next day. “Next time, I’m going to be ready.”
Liz and I hadn’t been apartment hunting since grad school, when she was at Weatherhead getting her MBA and I was at Cleveland State and it was just the two of us. Back then, we’d taken it as seriously as buying a house, inspecting every closet, every light fixture, every scratch on every hardwood floor. This time, we just wanted to get it over with. There would be no imagining ourselves studying together or throwing potlucks or sleeping in on weekends in these new places.
We got an early start on Saturday. We looked at an apartment building near the university that catered to students; a newer, more expensive one near the train station; and a loft over a nail salon downtown. Sara hated them all. When she wasn’t crying, she was asking why we couldn’t clean out the attic so I could have an apartment there.
On Sunday afternoon, we saw a furnished fourth-floor studio in a building that backed up to the railroad tracks. Sara stopped sulking long enough to watch a commuter train leave the station. The place was nothing special, but the fridge didn’t smell, and there was no ring in the tub. I told the building manager I’d take it, and he went to get the
contract. Waiting for him, I tried to picture myself eating at the little dinette, telling Sara good night over the phone, sleeping alone on the sofa bed. Liz had to step out into the hallway to pull herself together. Whereas I figured we’d be apart for a few weeks, max, she was presumably bracing herself for the whole two years. Not that I had much sympathy.