Good point. On the other hand, you also don't get out of a contract just by getting fired. A lot of what happened on MM last episode is very Hollywood-esque. A point that would be interesting to mention, is that if Betty were to be the one to hire a private investigator to follow Don, she'd still have a harder time getting the divorce, if this was real life.

Pryce was in charge of the office and did have the authority to sack the people he did. Yes, they had a contract but they're not going to take him to court for breaching it so you can say that the employment contract was cancelled by mutual agreement. Don, Pete and the rest probably get a % of the accounts they have and may be viewed as independant contrators under the law. You'll remember that PPL and SC wanted to get Don to sign a contract because he might have taken business with him if he left. If he was strictly an emplyee there would be no question that SC owned the accounts. At any rate, SC is like a mom and pop business and a holding of PPL. PPL is going to be taken over by a still larger concern and the loss of the SC business is minor to them and hardly worth the lawsuits that they may end up losing anyway.

I'm wondering about the part of the lawyer's advice that had to do with Don "consenting" to Betty going to Reno and getting a divorce. Could this element have made her divorce in Reno more legal in NY?

In any case, Don said he wasn't going to stand in her way. The whole episode is about him finally understanding what she's after by getting his own "divorce" from a terrible future of being a cog in a wheel.

Once he makes his move and frees himself, he comes to terms with Betty's desire to leave him and make her own fresh start. He also knows that it will do no good for him to make a legal fuss and have the mother of his children labeled an adulterer. Divorce is hard on kids and we know it's going to be especially hard on Sally, but how much worse if the parents hate each other and say bad things about each other and try to use the kids as pawns in their battles or revenge.

Don doesn't want the kids to hear their mom bad-mouthed, or hate their mom or hate him for what he did to their mom or have court cases being dragged out and the kids hearing this as neighborhood gossip. Don gets it in the end. Whatever anger or pain he feels over this, it's not worth destroying the family even more by fighting it.

AMC Moderator:

You have no idea what you are talking about. A divorce recognized in Nevada would certainly be recognized in New York. How do you think Nelson Rockefeller got his divorce?

Just because New York at the time made divorce difficult does not mean it would not recognize a divorce granted in another state. Ridiculous. If they are divorced, they are divorced. Period. Recognized in every state.

The plot thickens! And is more nuanced than initially met the eye.

Thirteen -
Re: badmouthing. Like most other kids, sometime within the next five years Sally will "figure out" Mommy and Daddy. She'll give Bobby a heads-up on what really happened, at least from their point of view:

Mommy told Daddy not to come home any more. Daddy wanted to come home. Mommy divorced Daddy. Daddy visits and gives good hugs. Mommy, no. Therefore Mommy is...

You have to love the state of Nevada! What is next, legalization of marijuana?

NY did recognize out-of-state legitimate divorces under the Full Faith and Credit Clause of the Constitution. They always did. However, NY did not consider all out-of-state divorces to be legitimate. It all hinged on whether the person in question (in this case Betty) had established a domicile/residence in another state. So to get a Nevada divorce that would be recognized in NY, Betty would have to meet Nevada's minimum residency qualifications but would also have to be a domicile there, as defined by NY law. Generally, that meant an intent to stay in Nevada and no intent to return to NY.

If Don were to contest the divorce in NY, he would argue that she did not become a domicile of Nevada - that she always intended to return to NY. But of course he is not contesting it, so her NV divorce will stand.

She still has to spend 6 weeks in Nevada to prove residency,before she can be granted the divorce, so it'll be interesting to see what unfolds with Henry in that time.There's something 'off' about him. That comment in the lawyers office was weird - saying that he didn't want Betting "owing" anything to her ex husband. How is she "owing" anything, if they reach a divorce settlement that includes Don taking care of his children financially?

And can anyone enlighten me on the conversation between Don and Peggy at her apt? I didn't really get the gist of the pitch he gave her, and why she teared up.

@ MODERATOR: I believe you are somewhat mistaken. You are correct that Mexican divorces were not recognized by the state, but in the case of Reno, the main point was that courts had no jurisdiction over the husband to end property or spousal support. That would be determined in NYS. This however, did not affect the validity of the divorce decree. I suggest you speak to a lawyer that practiced back then or look up some articles from that year in the NY Times. A close family friend who did divorce law in the 1960s says they got it right.

@ Maddict - Further proof: this 5/62 NY Times article reads:

"Nevada is today by all odds the favorite place for New York couples to obtain out of state divorces. A Nevada divorce, obtained by the consent of both spouses is invulnerable to attack in another state. The Supreme court has held that every state must recognize the divorce of another state provided the divorcing state was a domicile of one of the parties...It is simple enough to go to a state with liberal laws and obtain a decree which by force of the full-faith-and-credit clause of the Constitution must be recognized in every state."

Mexico was another country.

Interestingly, in the beginning of the movie "The Misfits", Marilyn Monroe is there in Reno awaiting a divorce from her husband. She rented a room at a rooming house whose landlady was Thelma Ritter who proclaimed "You're my 73rd divorce!" And then she meets Clark Gable etc etc.

See also THE WOMEN, where it seems half the New York socialites in that picture were "on the train to Reno!" for their divorces. Being 1963, Betty was on the plane to Reno. And yes, she did have to stay in Reno (not fly out, rent a place, then return to NY for a while, as some posters have suggested elsewhere) for the full six weeks to establish residency before filing for a divorce.

My husband thinks Peggy is in love with Don.

Interesting, that would put a whole new slant on (part of at least) why she teared up at his visit to woo her to join up with the new company.

Isn't he about 15 years older than her?

Oh well, I guess if he can't end up back with Betty (or Joan!), Peggy might be alright.

Anyone else think Peggy has the hots for Donnie boy?

I'm not an attorney and no expert but could Betty contend that she married "Don Draper" under false pretenses? Could they be deemed married at all? Don Draper does not exist.

First of all, wasn't the attorney that Henry and Betty went to the same one who handled Rocky's divorce? It seemed that way to me. Please correct me if I'm wrong. But Henry seemed to know the attorney quite well, and trusts that the attorney's advice about going to Reno was correct.

@SCFan: Peggy respects and admires Don and was very touched by his sincerity when he came to her apartment. His statement that he would spend the rest of his life trying to hire her if she refused to join the new group made me tear up, too. What a smooth talker he is!

@E-roc: that subject was discussed in the main blog of Episode 12, I believe (haven't read all of 13, yet) if you have the time and courage to read up on it.

BTW, maddict123 must feel proud that several posters have referred to him/her as "moderator"...

@SCfan: "My husband thinks Peggy is in love with Don. Interesting, that would put a whole new slant on (part of at least) why she teared up at his visit to woo her to join up with the new company. "

Yes, Peggy loves Don, but she offered herself as a romantic interest to him in Season 1 and he flatly turned her down. He made it clear that he doesn't, well, foul his work nest by having sex with secretaries or, in this case, the one female copywriter (though he does have affairs, however ill-advised, with clients and models).

But it goes farther than that. Peggy is very clearly Don's daughter in spirit--his MadMen daughter if you like as compared to Sally, his suburban daughter. I don't think he can see her in a romantic light or wants to. Likewise, I think Peggy wants to see him in that light either.

I think they both know that it would be bad for their relationship to get involved in that way and muddy the waters. What teared her up was that Don was telling her, essentially that he was proud of her and respected her. As a writer.

I know viewers are always looking for romantic angles in relationships between men and women in television shows. But I wish viewers would look at Peggy and Don and think of what it might be if Peggy was a young man. Because that's the [i]whole point[/i]. Peggy can get a man to say "I want to rip your clothes off with my teeth--" Easy. She's female, someone will want to have sex with her or romance her. But getting a man to say, "You're as good as any one here. You're a brilliant writer." That is what she won't get. She'll get poo-pooed and dismissed more times than not. As Paul did, they'll say she was lucky or had a woman's perspective.

You're thinking of Peggy in as chauvinistic and simplistic and insulting a way as the men of the time thought of her if you view her as wanting a romance with Don. She wants his praise and honest respect for her work and her efforts and her talent. She wants him to treat her as he would a male protegee. Anything less cheapens their relationship and any praise he gives her regarding her talent and accomplishments. When he does give her that honest, and non-romantic praise, that's when she tears up and rightfully so.

Employment contracts can't be enforced if an employee wants to leave. You can't force an employee to work for you...violates 13th amendment against involuntary servitude, ie slavery. You may be able to prevent the employee from going to work for a competitor but that is a tough sell. In this case, they are not going to work for a competitor...they are forming their own firm. The Brits have no case.

As for NY state recognizing a Reno divorce...generally states are required to recognize each other's laws under the full faith and credit act of the US Constitution... there should not be exceptions for not recognizing divorces or marriages of other states.... When states refuse to recognize other states; marriages or divorce decrees, an argument can be made that the state is violating the US Constitution.....

Betty had Don's consent (he told her he wasn't going to fight her on it) AND Nevada's residency is 6 weeks minimum, which is why Betty is living there for the requisite 6 weeks before she files for divorce. Most other states at the time required a residency of 6 months to a year. hence the comparatively easy "quickie" in Nevada.

And no, even today, New York is the ONLY state to NOT have no-fault divorce. You have to establish legal separation for at least a year before you can begin the rest of the process. I have 2 siblings in NY who have been through this, unwillingly, after decades-long marriages.

Auburn Annie's correct. Betty meets the requirements. Sam's post on the topic which mentions the New York Times article seems to explain things in further detail. Divorce laws did change in the late 60s, but this did not impact how valid a divorce in Reno in '63 was.

Anyway there's way too much bickering here. Maybe this topic should be closed.

Thirteen,
You wrote:

"You're thinking of Peggy in as chauvinistic and simplistic and insulting a way as the men of the time thought of her if you view her as wanting a romance with Don."

Simplistic? Yes. Chauvanistic? Hardly. Romance dominates subject matter of any drama, theater, or TV piece since the damned beginning of time. We like Peggy. We love/hate Don but don't tell me you aren't attracted to his character every week. It makes perfect sense to hold that Peggy has strong feelings, maybe not "love," for Don, even though she may be repulsed and angrered by him.

More chauvanistic has been her plopping into bed with Duck, or picking up a guy at a bar for a one-night stand, unless you consider these things "liberated." Both perspectives can be taken.

Betty needed a good lawyer that she could spill her guts to in confidence. He would have set a detective on Don and would have gone to see Roger or more likely, Bert, and found out about the financial arrangements they had. Bert the pragmatist would have told him everything under the threat that Don would be in a military prison for awhile, thus ruining SCDP. Armed with that info Betty and her lawyer will have Don divvying up about a half million bucks and paying child support and alimony. Then she can just take her time about things.

Interesting, I am going to check the ney york times for more information.

i really hope don and betty don't get a divorce! i loved the season three finale! i love the idea of them starting a new ad agency, too!!!!!!! :)

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That's ridiculous. Betty should talk to a laywer and get some better advice for divorce. I can't imagine the situation being that grim.