Tumgik
#‘irretrievably broken’ marriage though?
gamergirl929 · 8 months
Text
Well, Ashlyn Harris and Ali Krieger are officially getting divorced.
Tumblr media
65 notes · View notes
Beware of Woodland Christian Church in Woodland, WA. I am a former member who attended from 2016 to 2023.
Dispensational baptist church with a Gothardism hangover that also pays lip service to Quiverfull and patriarchy movement.
Eldership is a "good-ol boys club" with long track record of spiritual abuse. Several "dynasty families" pull the strings in the background and act as sycophants and excusers for the elders.
Their counseling program is law-centered, not gospel-centered, and serves as a platform for puffing themselves up or projecting their own marital frustrations on counselees.
Promotes Catholic view of marriage (marriage permanence): any and all divorce is condemned.
A highly-convenient location is how they keep a steady flow of parishioners despite their high turnover rate.
On a positive note, the worship team is skilled and offers a mix of modern and old hymns rather than just CCM pablum.
Note: A LARGE number of the five-star reviews for this church are not written by congregants. They're just puff reviews sourced through Scott Lapierre's book ministry and speaking events.
Full review: This church has the highest turnover rate of any church I've ever been to in my life, and I've been to many over the decades. Countless people have been burned here. I was one of them. Will you be next?
This is a church where grace is preached in the pulpits but scolded in the pews. A church where your confession will be used as an opportunity to hold you down, chide you, judge you, compare you, and control you. If you protest, you will be labeled as "lacking zeal" in your repentance. If you're open about your struggles, you will be told that your honesty is merely a "mask for credibility". Meanwhile, the elders' and deacons' own fleshly habits don't reach their man-made threshold of "serious sin", so they get a pass.
This is a church highly concerned about whether you've sufficiently suffered for your sin, or what they perceive to be your sin. How tempted I am to produce the numerous messages I received from the elders and deacons along these lines: the bizarre pronouncements that God is "pouring out" his consequences on me and how "irretrievably broken" my children will be as a result of me wanting to move on from a painful marriage and divorce.
With the approval of the elders, one of the deacons, angered that I resisted his months-long pharisaical badgering, defamed me in front of the congregation AFTER I PEACEABLY LEFT THE CHURCH. Up to this point, not once had the eldership made an accusation against me or implied that I ought to be disciplined. When I resigned, no accusation was made. See below image. In fact, Nathan Richardson, months earlier, had acknowledged that the church would accept my resignation!
Tumblr media
(Note: Scott's email response to me is disingenuous. Almost eight months prior, I had sent a lengthy email criticizing Nathan Richardson's ill-attempt at counseling and they never responded at all other than to say they received the email and had privately discussed it. Yet Scott acts as though I'm stomping off because I'm "offended".)
Several congregants familiar with my divorce knew of the absurdity of the leadership's attempt to publicly shame me, but made little or no effort to confront them. This is a church of milquetoast men who shrug their shoulders at spiritual abuse since it is their childhood church and because such incidents are par for the course with this eldership.
I am not writing this review to vindicate myself. The eldership can continue to slander me and twist the story of my divorce all they want. My reputation at WCC is of no consequence. Moreover, this account of spiritual abuse is not just my personal opinion. At least three other pastors, knowing this church's theology and counseling practices, encouraged me to leave WCC a year before I actually did. Perhaps I should have, but now God has used what I have gone through so that I can warn others.
I believe that all four elders are disqualified for ministry per Titus 1:7. The unnamed deacon is a slanderer, backbiter, and is self-condemned per Titus 3:10-11. None of these men, including their wives, have any business offering counseling. It is my opinion that all of these men should step down from ministry and receive counseling until sufficient repentance and self-reflection has taken place. Best of providence to them.
"My brethren, let not many of you become teachers, knowing that we shall receive a stricter judgment." (James 3:1)
1 note · View note
stormibreedaily · 5 months
Text
Joe Jonas dines with rumored girlfriend Stormi Bree amid Sophie Turner split
Joe Jonas and Stormi Bree were previously spotted boarding the same private jet at Cabo, Mexico
Less than a day after they were spotted taking to the skies in a private plane, the Jonas Brothers frontman and model Stormi Bree continue to fuel romance rumours.
On Thursday, gossip blog Deux Moi shared a photo of Jonas, 34, and Bree, 33, dining together at Casa Tua Aspen.
In the photo, the former Disney star sat across from the Miss Teen USA titleholder at a small table – adorned with red flowers – as they leaned into each other to talk.
Though the snap was somewhat blurry, the former Disney star was unmistakable and didn’t appear to try to keep a low profile.
“Joe Jonas and his new girlfriend Stormi Bree are also at Casa Tua Aspen tonight,” the insider shared.
However, it is unconfirmed if the duo are actually dating or if they were just grabbing a bite to eat as platonic friends.
Tumblr media
Just a day prior, the duo were spotted boarding a private jet at an airport in Cabo San Lucas, Mexico, per TMZ.
It was the first time the pair were spotted together, and they don’t even follow each other on social media yet.
The speculated date night comes amid Jonas’ ongoing divorce with Sophie Turner, which they announced in September 2023, due to their four-year marriage being “irretrievably broken.”
After a bitter custody battle over their two daughters – three-year-old Willa and one-year-old Delphine – they reached a temporary agreement until their divorce is finalised.
1 note · View note
legalassistance · 1 year
Text
How Many Years of Separation Is Considered Divorce?
It's possible to have a divorce even if you and your spouse have been separated for a long time, but it can be hard to know how many years is considered to be a separation. If you are unsure, it's wise to seek legal counsel. You can also ask your local court for an estimate of how many years you should have been separated to qualify for a divorce.
Tumblr media
Obtaining a no-fault divorce
If you have been separated for many years and want to obtain a divorce, you have several options. First, you can choose no-fault divorce. This allows you to file for a divorce immediately and does not require a trial. However, you must meet certain criteria.
You can obtain a no-fault divorce in all fifty states, and even in the District of Columbia. If you have children, you will also have additional issues to consider. Some of these include child custody, support, and visitation. A family law attorney san Jose ca can help you navigate these issues.
No-fault divorce is often the easiest and quickest way to obtain a divorce. However, it is important to remember that you will have to follow strict time limits. Depending on how long you have been separated, you may need to wait a year or two before you can get a no-fault divorce.
It is important to understand that a no-fault divorce cannot be granted if the marriage is not irretrievably broken. In this case, you will need to prove that your spouse is unwilling or unable to accept the divorce.
Mental illness is not a defense to cruel and inhuman treatment for divorce
Mental illness is not a defense to cruel and inhuman treatment for divorce. In fact, it may actually hurt your chances of gaining a divorce.
To prove a claim of mental illness, you'll need to show that the spouse is insane. You'll also need to establish that the spouse has a serious intent to cause significant damage to your health or happiness.
It's possible to divorce your spouse on the grounds of connivance. This is typically used to show that your spouse has acted fraudulently to get a divorce on grounds that you are not entitled to.
The standard is pretty stringent. You'll have to show that the conduct you are claiming is in bad taste or abusive, and that it is so bad that it is unconscionable.
One reason you may want to go this route is if your spouse is a raving alcoholic. If so, then a court might grant you a divorce based on a habitual cruel treatment ground.
Filing for divorce without paying a filing fee
The divorce process can be expensive. However, you may be able to get a divorce without paying a filing fee if you qualify. This can be helpful for people with low income and who can't afford to hire a lawyer. 
There are a few ways to find out if you can get a divorce without paying a fee. You can visit your local courthouse, ask your clerk, or even look online. If you can't find the information you are looking for, you might want to call Us 408-247-5005 local bar association or legal aid society to see if they can provide some assistance.
The most simple way to do this is to tell your spouse how much money you are willing to give them in a settlement. It's also a good idea to get a written agreement so you don't need to go back and forth in court.
The other aforementioned is to get a low cost divorce lawyer San Jose ca to help you file a complaint for dissolution of marriage. A court will then determine if you can get a divorce.
Enforcing a separation agreement
If you and your spouse agree to live apart from one another after five years of marriage, you can file for divorce. The agreement must be properly executed, though.
You should not sign a separation agreement without a lawyer. Your San Jose divorce lawyer will help you understand the agreement and its effects.
In order to be enforceable, the separation agreement must be in writing and be filed with the County Clerk's office. It must also be notarized.
Once you and your spouse have signed a separation agreement, you can file for a no-fault divorce. This type of divorce is granted by the Supreme Court. However, it is important to know that you can only be awarded a divorce if you can prove that your marriage has broken down.
In addition, you must have lived separately for at least one year. The court cannot award you a divorce until after you have settled child custody.
reference Url :- divorce attorney san Jose ca
0 notes
elaineparkes004 · 2 years
Text
Explanation of New No-Fault Divorce Rules
On 25 June 2020, The Divorce, Dissolution and Separation Bill received Royal assent and became an Act of Parliament. The new Law will come into effect on 6 April 2022 and promotes no-fault divorce by removing the requirement to assign blame in divorce applications or waiting for years before making an application for divorce.  The aim of the changes is to reduce the impact of unnecessary conflict on couples and children during a divorce. The divorce process will also now be entirely online.
Under a no-fault divorce, a couple can file for divorce once they have been married for at least 12 months.
·         There is no longer a need to establish one of the previous five facts required for divorce. The new requirement is only for a statement to be made that the marriage has irretrievably broken down.
·         It will no longer be possible for one party to contest the divorce, although there will still be some grounds that will allow an application to be challenged. The Court must accept the statement and make a divorce order.
·         Couples will be able to make a joint application for divorce.
·         A Decree Nisi will now be called a Conditional Order and a Decree Absolute will be called a Final Order.
·         A new minimum time period of 20 weeks from the date of the application to the date of the Conditional Order will be introduced.
·         A further 6 weeks will then have to pass before individuals can apply for a Final Order. This change allows time for agreement to be found in respect of arrangements for children and finances. If you do not apply for a Final Order within 12 months of getting the Conditional Order, you will have to explain the delay to the court.
·         It will be necessary to have a Conditional Order for divorce before the Court can make an order finalising financial arrangements. This applies whether the terms are agreed between the parties or the Court imposes a financial order. There are significant implications of the Final Order, and it is best to finalise any financial settlements before applying for a Final Order.
As with any divorce, it is almost impossible to estimate a total cost because each case is different. However, with the no-fault divorce, it is hoped that more amicable and constructive discussions will lead to better and less expensive outcomes. As ever though, this will come down to the personalities of the couple involved and the individual circumstances of their case.
Elaine Parkes Solicitors have family law solicitors in offices across the East Sussex and Kent including Brighton, Hastings and Tunbridge Wells and are available now to discuss this significant legal development in UK divorce law.
Contact us now to arrange an appointment to discuss how Elaine Parkes Solicitors can help you.
Original Source- https://elaineparkessolicitors.blogspot.com/2022/06/explanation-of-new-no-fault-divorce.html
0 notes
maemelany · 3 years
Text
Fixing the Broken (Part 3)
Summary: People say that time heals all wounds. In your case, time made it worse.
You’ve been married to Chris for five years, but his absence spoke louder than his words. After 5 years of trying, you’ve decided that you’ve had enough, and you left him. But Chris doesn’t want to let you go; he doesn’t want to give up on your marriage.
Would he be able to fix what you consider irretrievably broken?
Warnings: Angst, tiny tiny mentions of sex
Word Count: 2.6 k
Pairing : Chris Evans x Reader
A/N: I hope you like this one. I can’t wait for your reactions about this one. I can only imagine what @fallenoutofrose will have to say about Chris’s behavior in this part 😂
Enjoy and let me know if you want me to add you to the tag list
Love x  Mae ❤️
Masterlist 
Prologue , Part 1 , Part 2 Part 4 
Tumblr media
“It is better to hope than despair.”
-Lailah Gifty Akita,
You finally knocked. After standing in front of that door for what felt like an eternity now, you finally knocked. Your legs felt like jelly, and your heart was pounding in your chest. You were feeling more anxious than the day of your wedding, and the irony of the situation made you almost laugh. Almost, but not quite. You were about to when Lisa opened the door.
She was as radiant as ever, a big, warm smile on her face. Honestly, it surprised you. You knew that she knew. Now that Chris was back, there was no way Lisa wouldn’t know what was going on. That man told everything to his mother.
Lisa let you in, and you followed her into the living room. The house felt like a second home to you. Actually, it felt more like home than your place with Chris sometimes. There was always something happening here. When you left your house, you almost came here. But you felt like it was unfair to Chris. Lisa was his mom, and her house was his safe place, not yours.
“Chris told me everything. How are you holding up honey, are you okay?” Lisa asked you
Her kindness broke your last defence. Her genuine, motherly concern about you made you feel guilty that you didn’t come to her sooner. Lisa had always been so kind to you, taking you in as her own daughter from the moment Chris introduced you as his girlfriend. Your lips started to shiver as you were trying your best to hold the tears back.
“Oh, honey… please don’t cry.”
She took you in her arms, and you broke into tears. It may have lasted five minutes or an hour; you weren’t sure. These days you were crying so much it was just the new normal.
Your best friend had been a great support to you, but she had to. She was your best friend. Chris’s mom was supposed to be on his side, defending her son’s best interest. Not yours.
“Why didn’t you tell me things were that bad, Y/N?” Lisa asked you
You looked away. Somehow ashamed that you thought Lisa would reject you.
“I … I don’t know. Chris is your son, and…”
“And you’re my daughter. Y/N, you’re family. We all love you!” Lisa said, taking your hands into hers. “Plus, I bet some even love you more than Chris,” Lisa joked.
You laughed, feeling a little bit more at ease now. “I’m sorry…” you whispered.
“Don’t be. I am sorry we didn’t see anything,” Lisa said
You shook your head. It wasn’t their fault. They weren’t responsible, Chris and you were. It was your marriage, after all.
Lisa asked for your version of the story, and you could tell she was trying to be as partial as possible. You hated that you had to put her in that situation. She cringed when you told her Chris didn’t notice you were gone until he went to Carly’s place.
“That boy…” she said, shaking her head. “I’m so sorry, honey,” she said, a sad expression on her face.
“It’s not your fault Lisa. Actually, it’s not even Chris’s fault. I can’t force him to stay married to me,” You said
“You think he feels… forced to be with you?”
You shrugged. “I mean… why else would he be as far away from me as he possibly could?”
Lisa watched you closely. You could tell she wanted to say something but was refraining herself.
“You two should talk. Maybe you could solve this…” Lisa said
“I don’t think us talking would do any good. We tried that yesterday; you should have seen how shi… messy it was”
Lisa tried to hide her smile when you stopped yourself from swearing. “If talking to each other doesn’t work, maybe you should try talking to someone else…” Lisa suggested
You frowned. You didn’t see how Chris and you talking to Lisa would help. Yes, Lisa was a wise woman, but as she said herself, she was your mother both. Knowing Chris, he would take it personally if his mother called his shit out about his marriage. You still remembered what happened the last time Lisa agreed with you instead of Chris. He was salty for days.
“I love you, Lisa, but I don’t think talking to you would fix this,” you gently said
Lisa laughed. “I wasn’t talking about me, honey. I meant a therapist.”
“A therapist? Like couples therapy, you want us to go to couples therapy?” you asked.
Lisa nodded. You never thought about that.
“I thought couples therapy was supposed to happen before couples decide they want a divorce.”
“Not necessarily. It could help you express your feelings in a safe place. And, you decided you wanted a divorce, honey. I don’t think Chris agrees with you.”
You frowned. If Lisa thought the warm smile would help you accept the subtle criticism easier, she was wrong. You were even worse than Chris when it came to being right. 
You loved being right and hated being told that you could have done something wrong, especially in that very particular situation. You were right. You had to be right. It would kill you to realize you were wrong and left the man you loved for nothing.
“Do you think I went too far…” You said, the tears resurfacing
“Oh no,” Lisa immediately told you. “You did what was right for you, and that’s the most important. I can’t even imagine how you must have felt, alone in that big house.”
A huge weight lifted off your shoulders. Secretly you thought people didn’t understand you. You were married to Chris Evans, living what they thought should be a fairy tale. 
Even though you and Chris were what people called a private couple, he would sometimes tell things about you or express his love for you when he was being interviewed. When those things happened, your friends would always send you messages, reminding you how lucky you were. 
They didn’t know how far they were from the truth. Most of the time, you were alone in your bed when you were reading their messages. Alone and lonely. 
People think they know things about your life, your marriage, but they don’t. They would have to walk in your shoes, feel what you daily felt to actually understand.
When you left Lisa’s house, she had convinced you. She made you realize that even though things between You and Chris were pretty bad, your relationship was worth saving, or at least you owed it to Chis and yourself to try. Even if therapy didn’t work, you still owed it to yourself and Chris to end things the most peacefully possible. Before being your husband, he was your friend. You needed at least that friendship to be saved.
Instead of going back to your best friend’s place, you went home. It wasn’t even a conscious decision. You started driving and found yourself taking the way home. Instead of turning back, you continued. You realized waiting wouldn’t help. You’d waited so much already, now was the time to act.
As you opened your front door, you felt submerged with that particular sent. You were home. Despite what you told Chris yesterday, this house was your home. You chose almost every piece of furniture.
 Chris was more than happy to leave it to you; he didn’t understand why you needed so many pillows on the bed or a particular shade of beige for the dining chairs. Instead of explaining everything, you would just ask for his opinion when it was absolutely necessary. Plus, it was hard to decorate a house via FaceTime. 
Thinking of it now, decorating this house helped you manage your loneliness for some time. You were proud of every single room, from your bedroom to the laundry room.
You found Chris and Dodger sleeping on the sofa. You weren’t surprised. The couch was probably Chris’ favorite spot in the whole house. You had your office, and he had this sofa. 
You were tempted to lay next to them. They felt like home. But you didn’t want to wake Chris up. If there was one thing Chris was lacking, it was sleep. You also noticed the dark circles under his eyes yesterday, and the current situation was not helping his sleep deprivation.
When you noticed a few takeout boxes in the room, you knew exactly how to occupy yourself. Chris used to love your cooking. Your skills were definitely better than his, but as your husband liked to say, one cannot be good at everything. You smiled when you remembered how you would tease him about his horrible cooking skills, and he would remind you how messy you were.
Even now, after thirty minutes of cooking, the countertop looked more like a war zone than a kitchen island.
“It smells good.”
You jumped. You didn’t see Chris coming, and now you had tomato sauce all over your blouse.
“Chris! You scared me!” you said, looking at him.
He was leaning against the opposite wall, observing you. “I’m sorry, I didn’t mean to.”
You looked at him with more attention. He looked less tired. You wanted to say something, but Dodger was all over you before you could open your mouth.
“Hey, baby. I missed you so much,” you said to your dog.
Dodger started to bark. The high pitch he usually reserved to Chris when he was coming back home after long periods of absence.
It broke your heart.
“He missed you,” Chris finally said
You didn’t know what to reply. You didn’t want to say something that would create a hostile environment for the rest of the evening.
“I need to change myself,” you said, showing your now stained blouse.
You were gone before Chris could even blink. Once in your bedroom, you found everything exactly as you left it. You rolled your eyes, mentally asking yourself how Chris could be so organized. And then you realized he wasn’t that organized. It wasn’t just the bedroom that was exactly as you left it. The walking closet and the bathroom were too.
Chris wasn’t sleeping in your room, and you wondered why.
When you went downstairs, you found him making the table.
“I thought I’d made myself useful,” Chris said when he saw you.
You smiled. That was the kind of evening you used to dream about. You and your husband casually sharing dinner together.
Chris was very attentive, serving you wine, asking you if you needed anything. You wished you could be so relaxed. You wished you weren’t about to drop a massive bomb on him.
“Why aren’t you sleeping in our bedroom?”
Your question surprised you both.
“I… I don’t know. It doesn’t seem… right.”
You looked at each other, your eyes saying more than a thousand words. Again, you were reminded how easy it would be to just give in, to just come back. But it would be a temporary relief, one you would only enjoy until he’d decide to leave again.  
It took you the whole dinner, and filling the dishwasher, and watching the first part of a show to gather enough courage and tell Chris you two needed to see a therapist.
It happened before he was about to kiss you. You could feel it in his eyes, the way they became darker, and the way his body leaned closer to yours. You could feel your heart beating faster and the room suddenly feeling hotter than before.
You wanted to give in, you missed his touch, you missed his kisses. You missed sex with your husband. But you knew it would make things more difficult. Sex had never been a problem in your relationship. Actually, it made you forget about the problems. You couldn’t remember how many times you were on the verge of telling Chris you weren’t happy with the situation and totally forgot about it the minute his hands were on you.
“No,” you said, standing up.
You started walking around the room, trying to compose yourself. It was frustrating how all your perfect, well-prepared plans got ruined the second you were around Chris.
“Y/N,” Chris whispered.
“No, we are not having sex!” you half screamed.
You needed to convince not only Chris but yourself that you were not having sex tonight. But looking at him, looking at him, looking at you made things very hard, literally and figuratively speaking.
“We’re going to therapy,” you quickly said
Chris blinked. “I’m sorry, what?”
You cleared your throat. “I said, we are going to therapy.”
You could tell he was surprised. You didn’t know if it was good or bad.
“Y/N… I don’t think that’s a good idea.”
It was your turn to be surprised. You opened your mouth but closed it immediately after. You wanted Chris to explain himself before jumping to conclusions.
“With how public we are and…”
“You’ve got to be kidding me,” you said, anger quickly possessing your whole body.
“Y/N…”
“You’re worried about your reputation? Do you even want us to be together, Chris?” you asked him.
“I’m not worried about my reputation. I’m worried about… our privacy.”
“Chris, therapists have a duty of confidentiality,” You said, raising your voice.
“Well, you won’t believe how many people would break it given the right sum,” he screamed back.
You wanted to scream, anything that would release the frustration you were feeling inside.
“Do you even want to fix this?” you ask, as calmly as you were able to
Chris huffed. “I was begging you to come home with me yesterday. Of course, I want to fix this.”
You crossed your arms. “me coming home right now would not fix things; it would bring us back to this,” you said, throwing your hands up.
“And this is so bad, right?” Chris asked, bitterness in his voice.
“No, this is perfect. This is what I want permanently. It will kill me to come back to this if this is not forever.”
The room went silent. So many emotions went through Chris’s eyes, and you were trying to decode them all.
Chris finally drew a long breath. “I am not going to couples therapy.”
His words stung more than you could have imagined. They also unleashed the silent anger that was rising inside of you since the beginning of that conversation.
But instead of screaming and crying and pleading with Chris, you reached for your handbag. You were done trying to negotiate with him. You were done trying to spare his feelings.
You removed the divorce papers that had been sitting in your bag for days now. You threw them on the coffee table near Chris and waited for him to look at them.
You could see him become very pale, and if you weren’t that angry, you would be worried.
“Are they…” He started
“Yes. Divorce papers. We go to therapy, or you sign them. It’s your choice.”
Chris was startled. “You can’t be serious.”
“Oh, I’m more than serious. I have a pen if you want to sign now.”
You looked serene, but inside, your heart was dropping lower with every second Chris wasn’t doing anything. You knew you were forcing his hand, but he left you no other choice.
“So, what is it going to be, Chris?”
Chris took the divorce agreement into his hands, and you held your breath. Your heart started beating again when he tore them in half.
He gave you a deadly stare, but at this point, you didn’t care anymore. He could be angry, scream at you, even hate you, as long as it meant you were doing something to try to fix things, you could take it all.
“Text me when you find a therapist you can trust,” you said before taking your bag to leave.
If he thought you’d be the only one sweating for this, he couldn’t be more wrong. It takes two to tango. It was about damn time for Chris to act. Because you were sure that this time feeling sorry or even good sex wouldn’t fix things.
Tag List (tell me in the comments if you want to be tagged)
@90girlgolden @jennamarieee623 @spookyparadise69 @coffeebooksandfandom @calirindo @jessyballet @janeyboo @killerstvles @patzammit @inlovewith3 @katelyneann @evatia @breezykpop @n3ssm0nique @mary-on08 @anthonyjanthony666​  @dangerouslovefanfic @positionsfyou​ @killerstvles​ @ragamuffin285​ @sohoseb​ 
701 notes · View notes
thebluelemontree · 4 years
Text
Tumblr media
True, @ladytp​. I’ve said in the past that the unkiss is actually a pretty genius move on GRRM’s part to develop the romantic and erotic parts of the relationship by keeping the whole thing in the mind of the young protagonist. It’s totally under her control, it comes from within her, and it moves are her own comfortable pace. While the Blackwater was indeed violent and Sandor was totally in the wrong, it still falls under that “generic problematic” category. He didn’t do the thing some people want to believe he did. And GRRM wrote the unkiss at a time when they were physically separated by some distance. 
This does function to avoid a huge chunk of sexual underage problematic content from direct interaction, which could be very helpful if your intent is to sell the general audience positively on future romance. The soil you plant those seeds in can’t be overtly poisoned or people just won’t buy “the HEA,” if that’s what he’s aiming for. I should have said that George isn’t totally blind or uncaring as to the effects of certain kids of problematic content can have on the audience. It all depends on his end goals, how he feels about the relationship, and how he wants the reader to feel by the way he presents it.   
I don’t think the general audience would clutch their pearls over a Sansan endgame. That seems to be more of a concern of the tumblr and twitter antis and people who give their media the fine-tooth comb treatment for any possibility of power imbalance in a relationship (real or theoretical) as irretrievably harmful and broken. Most readers and fans are not consuming the story that way at all. Most are totally fine with the problematic stuff, or at least it hasn’t bothered them enough to stop reading. Of course, the majority of Sansan fans (which is such a massive juggernaut of asoiaf ships) would be super stoked, and probably a good portion of the fandom would be won over in the end if its sold in a relatively believable and positive way. As for the rest, Sansan may not be their thing, but they would probably be at worst just “meh, whatever” or “ew, moving on” about it. This is where I think GRRM is placing his bets. He’s not writing to please the tumblr and twitter sector of the fandom, which is comparatively tiny to the whole. 
I just have to laugh a little bit, though, at the idea that dropping the five-year gap means George just wouldn’t go forward on a romantic endgame because the underage aspect would be too problematic for him. I mean, despite what he may claim about marriage norms in Westeros, he definitely goes there with the age gaps and teen brides quite a bit. He goes there every day of the week and twice on Sunday if you add them all up. So this is the weakest argument against the possibility of a Sansan endgame without the five year gap. Then there is the other reason that scrapping all the groundwork he meticulously laid out in previous books (for any storyline) and being faced with a whole mess of changes and plot consequences just to be a little less problematic seems like a really dumb and poor trade-off. He just doesn’t strike me as the kind of writer who will care if some people get really bent out of shape about him writing (in their opinion) something that should not have been. Most of the time he’s questioned about problematic creative choices, for better or worse, his usual response is either curt or to hand-wave it away.      
55 notes · View notes
Text
25
I’m hooked on this new U.K. “no fault” divorce law. Until now - for the last 50 years - you had to provide proof of a marriage’s irretrievable breakdown to cut loose, which I guess unhappy people everywhere used as an outlet for grievances better aired to a trained therapist. I picture a sort of legally documented form of shitposting, getting messy on Facebook if you paid lawyers to read your spouse’s Facebook feed. It’s obvious now that this gets a divorce off to a horrific start, and maybe there’s no fantastically clean way to get a divorce off the ground, but it seems like the U.K. government is taking its first steps toward the “conscious uncoupling” method Gwyneth Paltrow and Chris Martin made famous
I want to know two things : is there really something innate in divorce that makes it rotten, or will ushering in a new, polite “agree to disagree” model spare households nationwide the sad malice that leads a teenager to Nirvana’s greatest hits? And as the child of a divorce that in some ways still rears its head in snide comments from all angles, where the fuck was this law when I was 14? I ask my mother what the receipts show as my parents’ marriage’s faults. I think of my dad’s indiscretions, his love of corporal punishment, his general cruelty dressed loosely as humour. Ooh, that foul temper. Of course he’s the bad apple. Then I doubt myself, wonder whether the very law that necessitates blame gave me this Bad Dad / Good Mum narrative rather than the inevitable shades of grey of any relationship’s downfall. I speculate - and I can only speculate - on what my dad would’ve tried to argue: withholding wife, cold wife, controlling wife, negligent workaholic wife
“So what was it, in the end?”, I ask mum over text, after she sends me yet another Wordle triumph. “Oh we’d been separated for two years, and that was enough [for the court]”. What? There was no debasing showdown? I’m almost a little disappointed. I check the previous laws and she’s right, you could always dodge the fault thing if you prove you left the building. Weirdly chill, although onerous if you’re short on money and looking at one rent cheque becoming two before the proper division of assets. So you either have to be loaded, or sufficiently full of hate. Or both, ideally
I guess the blame game still took place in my family, just not in legal terms. My memories of it are a lot of monologuing in cars, being handed over frostily, someone mumbling “I’m not fucking paying that” ahead of mediation. My mother sending something practical, or even heartfelt, via email to my dad and two days later getting a lawyer’s letter in return. Some Cold War shit I remember feeling conflicted. Not necessarily in my allegiances to each parent - though yes, that - but in wanting the cred I thought being “from a broken home” lent my depressive personal brand while also seeing my two makers ruin each other as though there was never an ounce of love between them. The rage was everywhere and I wanted it to be in a cool way but it wasn’t. I had this thing for years afterwards where I never took my backpack or coat off at people’s houses but this could’ve just been an eating disorder thing
All told, I got off lightly. Nobody committed suicide and nobody got a facelift or became indigent (cool legal word I learned from a documentary) My dad became a compulsive mushroom forager and had a ton of Skype sex which I wish I hadn’t walked in on. The worst part of divorce, new laws or old laws, is watching your parents, after the fog of war, become horny again. And worse still, because you’re on antidepressants to cope with the aftershocks of that divorce, they’re even hornier than you
0 notes
thewickedharlot · 3 years
Photo
Tumblr media
underage marriage mention / Wicked Harlot has just obtained the divorce documents. Essence filed, citing that the marriage is irretrievably broken.  The couple is still living together - or at least they were both seen at their house yesterday - so it is unclear if this divorce is a something that James was aware was happening before today.
We showed Essence visiting several cities - Vegas, NYC, Chicago & Miami. The rumor circulating at the time was that she was looking for a new store building. It now appears that she was “conflicting out” all top divorce attorneys in major cities. This is done by scheduling a meeting with lawyers - but only for a short time. All that is needed to do at that point is to share enough information to create attorney-client relationship. Then, the lawyer is unable to represent James Prescott in their marriage.
A spokesman for Prescott confirmed the divorce to WH and added, “James is extremely disappointed and heartbroken in the choice to end their marriage. This isn’t something that he wants. However, he wishes her the best of luck.” 
Essence’s team has been unavailable for comment.
EDIT: After this article was posted, Essence’s team reached out to say: “Essence wishes nothing but the best for James, but feels like this was necessary for her to do.”
There is not currently a listed date of separation or much known about the prenuptial agreement other than that it is stacked in the favor of Essence, since she wouldn’t agree to get married while underage without that. 
Its unclear why this marriage has ended, but we all have our guesses. It was a gross relationship to begin with - some fans discussing this on twitter by sharing their excitement at the news and others discussing their disappointment:
@dejavus2:  is it bad my first thought was that i’m excited for the divorce album?
@kristendays: its kind of weird to celebrate someones divorce, honestly. you guys are weird. divorce is always a sad thing.
 @essencewccds: FINALLY. i’ve been waiting for this day forever. kick james the fuck out.
@saintsrmn: i know i shouldn’t be but i’m a little sad they’re getting a divorce, but whatever makes them happy.
@essencestan: i hope shes okay :( this is a good thing though getting married was a mistake for her.
We’ll see how this rides out but if we know either of them, this will likely be a messy ordeal.
0 notes
kayla1993-world · 3 years
Text
Melinda was upset and uncomfortable after she and Bill met with Epstein The Daily Beast reports
A meeting between Melinda and Bill and Epstein in 2013 left Melinda upset at the relationship between her husband and the financier The Daily Beast reported Thursday.
With the Gateses now splitting up, sources told the outlet that Bill's relationship with Epstein still haunts Melinda. According to the outlet the couple met with Epstein in NYC at his mansion in September 2013.
Gates' ties to Epstein were first reported by The Times in late 2019 following Epstein's suicide in the correctional in New York where he was awaiting trial on charges accusing him of sex-trafficking girls and women.
Gates was among many several figures who faced backlash over ties to Epstein following Epstein's July arrest but among the billionaires and politicians who parlayed with Epstein Gates was rare in that he began his relationship with the financier after Epstein had already been convicted of sex crimes according to The Times.
The Times reported that Gates and Epstein met more than once from 2011 to 2013. The outlet reported that Gates rode on Epstein's jet from New Jersey to Palm Beach though Gates had previously denied he had ever travelled with Epstein in an interview with Wall Street.
The two men's relationship appeared to cool in the fall of 2014 according to The Beast following a donation to MIT's lab by Gates that the lab's director claimed was facilitated by Epstein.
According to The Times Epstein had soon after complained to an acquaintance that Gates had stopped speaking with him. The Gateses announced this week that they were separating after 27 years of marriage.
The couple is said to have separated before the announcement and divorce filings shared by TMZ indicated that Melinda called the marriage irretrievably broken.
The Daily Beast reported Thursday that financial and public-relations specialists had been working on specifics of the duo's split for weeks before the announcement.
The couple married in 1994 and have children together. They also set up the foundation together. A representative for the couple did not immediately respond to a request for comment from Insider.
0 notes
Text
So, this was another fun podcast https://anchor.fm/s/d3f93c  I really look forward to listening to these, especially at the end of a long day at work when I can kick back with a glass of wine and laugh. It also got me thinking because there was some talk of Sharon being portrayed as a prude. So here is my take on that.
I don’t think Sharon’s wanting to take things slow with Andy indicates that she’s a prude. I always figured that considering how long Sharon had been separated from Jack there had been a man or two between him and Andy, which Mary alluded to in one of her pod casts. What kind of threw me was that when Andy asked, “So it’s not like a date or anything” she responded with, “Of course not lieutenant, I’m a married woman.” There is no way anyone could convince me that Sharon was the kind of woman who would pick up a guy and sleep with him but wouldn’t date him. I think it was either a. poor writing b. Jduff really believed that Sharon did not have any men in her life for 20 years and Mary simply disagreed with that take or c. Sharon just threw that out there as a way to keep distance between her and Andy and also maybe to make it more comfortable between them. The last thing Andy needed on this day was the added stress of being on “date” with his boss when he was already struggling with his daughter’s wedding.
Now, all that said. Why did Sharon want to take it slow with Andy?
Sharon is not an impulsive kind of person; she likes to think things through and to make wise and prudent decisions. That’s just her character. And though while I I think there was a probably a couple guys between Jack and Andy I certainly don’t see her as the kind of woman who slept around.  I think she was careful and discreet in any relationship she has had, and whatever those relationships were, I don’t think they ever turned into anything serious because given who Sharon is, if a relationship had gotten serious, she would have divorced Jack.
Now that brings me to her Catholicism. I think that with whomever she was with, including Andy, there probably was some guilt involved WHILE she was still married to Jack. Sharon takes her religion very seriously and she is a woman with high morals. Even when she knew she didn’t do anything wrong in shooting Darnell, she still felt that guilt. However, once she was divorced from Jack I don’t think she would have felt guilt for sleeping with Andy even though they weren’t married. I don’t think she was that prudish. I think whatever guilt she had felt in the past was about being married, even though legally separated, and the idea of adultery. I don’t see her as believing that sex outside of marriage is wrong. In the deleted scene where she discusses overnight guests to the condo with Rusty (which SHOULD have been shown), Sharon had a pretty easy attitude toward sex. She seemed comfortable in that conversation and wasn’t prudish enough that she was going to try to hide the physical side of her relationship with Andy from her son--she wanted everything out in the open. If Sharon had been a prude, she would have only had sex with Andy at his house or somewhere other than her condo so Rusty would not find out. Also, later, Sharon was okay with the idea of Gus spending the night at the condo. Most parents understand that their kids are going to be having sex before marriage, but they aren’t going to allow their boyfriends or girlfriends to sleep over while they are living at home. When I was in college there is no way my parents would have let my boyfriend spend the night, so Sharon is rather advanced in that respect. So, no, I don’t think she is a prude at all.
As I said earlier, I do think Sharon has always been careful. And I think the reason she wanted to take it slow with Andy is not because she felt guilty about sex before marriage or because she was a prude, or anything like that. I think it came down to a few things, most of it boiling down to the fact that they worked together. Sharon already had a strong emotional relationship with Andy before they began officially dating, personally and at work. At work he was her right hand man, the one she turned to for advice, the one she relied on the most. And since Nicole’s wedding, he had also become a very, very, good friend. I’d dare say her best friend since we didn’t get to see any of her friendships. So, I think for Sharon, the idea of moving into physical intimacy brought with it a real commitment to the relationship. She wanted to be very sure that they were compatible dating as boyfriend/girlfriend before she hopped into bed with him because once she slept with him her heart would have been irretrievably bound to him in a way that would have been far more devastating had they broken up. Andy kind of flippantly tells Taylor that if things don’t work they can just go back to being friends. And maybe at that moment they both believed that, but once the relationship became sexual and moved into “love” it would be much harder I think for both of them to go back to being friends if it hadn’t worked out. I think deep inside Sharon knew that and it was why she held back for a while. She truly valued her personal and professional relationship with Andy and didn’t want to do anything that might destroy that. Sharon is old enough and wise enough to understand the risks of a romance-which she clearly defined to Rusty and the ramifications if things didn’t work out.
Now, that said, there has always been a lot of talk about things going slow but there didn’t appear to be an excessive amount of time between when they started dating and when they started sleeping together. It seemes like it was maybe a few weeks to a month, hard to know for sure. I guess some might call that “old fashioned” in a time where sleeping with someone on a first date has become a norm but personally I don’t think that is old fashioned. The next time Andy talked about things moving slow in their relationship he was referring to taking that next step…moving in together, not sleeping together.
In that conversation, it was apparent that they had been talking about it and that Sharon was considering it. He says that he understands she wants to talk to her children about it so it they must have been discussing the subject…off screen of course where every other conversation regarding their relationship took place. In that same episode, it is SHARON who tells Andy not to do anything about finding a house in Silver Lake until they talk over dinner--which she says in a way that I think is one of Sharon’s flirtiest moments. She later tells him that she will tell him her answer before they order. She had made her decision. 
Last case point that Sharon isn’t prudish is that while she does confess that she is co-habitating with a man to whom she is not married, she doesn’t appear to feel too guilty about it and it is more like she is letting Father Stan know what is going on in her life, rather than feeling she needs to do penance for it. Stan doesn’t seem surprised or offended and just says something like “he’s divorced; he’s Catholic, not that big a deal. Give my best to Andy.” And then Sharon says something about “Your rules Father.” So it is also apparent that like most Catholics she questions some of the rules of the church and doesn’t completely adhere to them. So, she is not prudish and old fashioned in that regard either.
Honestly, I think she handled her relationship with Andy in a very smart, very adult way. That said, we should have seen some of those milestones, first date, first kiss, some cuddling in the apartment, some flirting, some sexual banter etc. I think if we’d been allowed to see that people might not think Sharon was portrayed as a prude, I just choose to believe that they had those moments even though we weren’t allowed to see them.
18 notes · View notes
melissawalker01 · 4 years
Text
Utah Divorce Code 30-3-36
Utah Code 30-3-36: Special Circumstances
1. When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent. 2. For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:(a) a. an itinerary of travel dates; b. destinations; c. places where the child or traveling parent can be reached; and d. the name and telephone number of an available third person who would be knowledgeable of the child’s location. 3. Unchaperoned travel of a child under the age of five years is not recommended.
youtube
Section 10 of the 1985 Act provides that the court can depart from “equal sharing” if this departure is justified by “special circumstances”. The law is not black and white in regard to what exactly constitutes a ‘special circumstance’ however; Section 10(6) provides an illustrative list of possible “special circumstances”:
• The terms of any agreement between the parties on the ownership or division of any of the matrimonial property; • The source of the funds or assets used to acquire any of the matrimonial property where those funds or assets were not derived from the income or efforts of the parties during the marriage; • Any destruction, dissipation or alienation of property by either party; • The nature of the matrimonial property, the use made of it (including use for business purposes or as a matrimonial home) and the extent to which it is reasonable to expect it to be realized or divided or used as security; • The actual or prospective liability for any expenses of valuation or transfer of property in connection with the divorce. The circumstances mentioned will not necessarily guarantee a departure from equal sharing but rather it will be a matter for negotiation, or in litigation for consideration by the Sheriff or Judge determining the case. The Sheriff or Judge must be satisfied that equal sharing would not be fair in the circumstances of the case and ultimately it will be a matter for agreement or exercise of the court’s discretion.
Common Law Marriage and Divorce
Common law marriage is an informal form of marriage. Couples that have an informal marriage do not obtain a marriage license. Instead, they live together for a significant period of time and have the intention to marry. Without a license or a wedding, these couples can be considered married in some states because they act like they are married by living together and caring for one another. Not every state recognizes common law marriage as a legal form of law. The only states that allow this type of marriage are: • Alabama • Colorado • The District of Columbia • Georgia (for marriages before 1/1/1997) • Idaho (for marriages before 1/1/1996) • Iowa • Kansas • Montana • New Hampshire (for inheritance purposes) • Ohio (for marriages before 10/10/1991) • Oklahoma • Pennsylvania • Rhode Island • South Carolina • Texas Couples are considered married by common law in these states if they act like they are married, for instance by wearing wedding rings, using the same last name, referring to each other as “husband” and “wife”, and filing joint tax returns. Even in states that do not allow common law marriages, these couples will get considered married. This is because the marriage is valid in the state that it occurred in, and all other states must recognize valid marriages of another state. This qualifies as a special circumstance.
youtube
Common Law Divorce
While the process of becoming informally married is very different than a traditional marriage, the divorce process is the same for both types of marriage. The rights and obligations present in a common law marriage are the same as those for a traditional marriage. As a result, ending the marriage means undergoing the traditional divorce process. You will have to file the procedures for divorce in the state that you live in. The divorce process will vary based on where you live. However, because many states do not allow common law marriage, if you live in one of these states, you won’t have to worry about filing for divorce, since your state will never recognize your marriage as legal in the first place. If you are not sure if you are legally married as a result of common law marriage in your state, and you want to get a divorce, you should discuss your situation with a divorce lawyer.
Marriage Annulment
Divorce and annulment have similarities; however, they are also two different procedures that can mean slightly different things. Both are court proceedings that dissolve a marriage, however, a divorce imply that the marriage has simply ended, while an annulment treats the marriage like it never happened. Because divorce can carry a negative stigma, some people prefer to get their marriages annulled. If this is the case, a civil annulment is applied for. However, some people want to get an annulment because it makes it easier to remarry within the church if the marriage is not recognized. If this is the case, you should get a religious annulment.
Marriage Annulment Reasons
If you want to get a civil annulment, there are several grounds that you can file for an annulment on. These vary slightly by state, so you should hire a divorce attorney to help you understand the exact laws and procedures in your state. However, getting an annulment will generally require at least one of the following reasons. The first reason to get a civil annulment is fraud or misrepresentation. If your spouse knowingly lied to you about something like his or her ability to have children, a previous and existing marriage, or lying about reaching the age of consent, these are grounds for an annulment. Another reason to get an annulment is the ability or refusal to consummate the marriage. If your marriage is never consummated, for whatever reason, you will have grounds for an annulment. Concealment is another ground for an annulment. If your spouse conceals an addiction to drugs or alcohol, children from another relationship, a sexually transmitted disease, a felony conviction, or impotency, you might be able to get an annulment. The final grounds for an annulment is a misunderstanding, such as if one spouse wants to have children and the other does not. This is the most open-ended of the reasons for an annulment, so you might want to talk to a lawyer about your specific circumstances and the likelihood of making a case for an annulment.
youtube
The legal reasons for divorce can vary by state, but below are some of the most generally accepted grounds to file for at-fault divorce: • Adultery or cheating • Bigamy • Desertion • Mental incapacity at time of marriage • Marriage between close relatives • Impotence at time of marriage • Force or fraud in obtaining the marriage • Criminal conviction and/or imprisonment • Mental or physical abuse • Drug or alcohol addiction • Mental illness Again, check your state laws to be sure, but these are the most common grounds for divorce across various states. You’ll be required to provide proof of misconduct during the court proceedings; so, be prepared. For example, if you’re divorcing on the grounds of adultery, you’ll need more than just a strong suspicion your spouse is sleeping around.
Filing for No-Fault Divorce
All states offer a form of no-fault divorce. However, you still need to file based on legal grounds. In no-fault cases, the grounds are commonly referred to by some of the following terms: • Irreconcilable differences • Incompatibility • Irretrievable breakdown This is simply a formal way of saying you and your spouses have serious differences that have broken your marriage beyond your ability to repair it. No one is at fault, but you still want a divorce. No-fault divorces are quite common and are usually the faster and simpler form of divorce proceedings. Because there is no burden of proof, the trials tend to be quicker and cheaper than their counterparts.
Deciding Between Filing for At-Fault or No-Fault Divorce
Making the right determination depends on a few factors. First, do you have hard proof of misconduct? If you don’t, filing for no-fault is going to be your only option. Similarly, if your budget is constrained, you may not want to endure the long, dragged out process of an at-fault divorce. However, in states where a spouse’s actions and misdeeds can influence the Court’s division of property and allocation of alimony, it may be worth bringing it up. For example, if your spouse lavished expensive gifts on his/her lover, you may want to ask the court to be reimbursed for the share of monies squandered as part of the final settlement. Ultimately, you’re the only one who can decide what the right path is going to be for you. While you can certainly consult a lawyer about your options, the final decision will be yours.
youtube
Resolving Issues on Your Own
If you and your spouse are on good terms, you can itemize your marital issues, and attempt to reach a meeting of the minds on each one of them. It would be wise to do some advance research to learn about the topics you’ll need to discuss, so you don’t omit anything. Typically, divorce issues include any or all of the following: • property and debt division • alimony or spousal support • child custody, and • child support. Once you’ve come to an agreement on all of your divorce-related issues, you should have a divorce lawyer formalize your settlement by preparing a Property Settlement Agreement (also known as a Marital Settlement Agreement). This will normally contain important legal clauses, in addition to the terms you’ve reached. Remember though that you and your spouse cannot use the same attorney you should each have your own lawyers review the agreement on your behalf.
Mediating Your Divorce
Mediation is a popular method of ADR. Mediators are trained professionals (typically lawyers or child custody experts) who assist the spouses in working out their differences. The couple will provide the mediator with information and documents (such as tax returns) in advance and meet with the mediator as often as necessary to reach a settlement. The goal is to reduce the settlement terms to a written agreement. Mediation is ordinarily much less stressful than a contested divorce. Sessions are relatively informal and often take place in the mediator’s office. And although the couple can have attorneys with them, it’s not required, which adds to the cost-effectiveness of the mediation process. (In fact, having attorneys present can at times be counterproductive, particularly if an attorney is combative.) You will have to pay the mediator, but that cost is usually shared.
Collaborative Divorce
Collaborative divorce is another form of ADR. It’s similar to mediation in that the goal is to reach a settlement, but it’s structured differently. Collaborative divorce doesn’t involve a mediator or other intermediary. Rather, the spouses each have an attorney, and participate in “four-way” sessions with that goal of reaching an agreement. Attorneys who practice collaborative law often have special training in this area. And to ensure that they keep their focus on settlement, the law in most if not all states won’t permit them to represent the spouses in future court proceedings, should the negotiations fail. Collaborative law is grounded in a team approach. All participants are obligated to work together to reach an agreement. Any experts that take part in the process (such as accountants, property appraisers, and child psychologists where custody is an issue) must be neutral and agreed to by both spouses. People tend to opt for collaborative divorce over mediation if they’re more comfortable having an attorney represent them in all phases of the settlement proceedings. But remember, if you’re unable to reach an agreement, you have to start the formal divorce process with new attorneys. This could mean a significant additional expense, because these new lawyers will have to familiarize themselves with the case, from scratch.
Divorce Arbitration
Divorce arbitration is yet another tool in the ADR kit and is often utilized by couples who don’t believe they’ll be able to settle their dispute, but want someone to decide their issues outside of the normal court process. Whereas mediation and collaborative divorce are geared to settling your case, the goal of arbitration is for the arbitrator to adjudicate the matter and issue a decision, much as a judge would after a trial. (Divorce arbitration may not be available in all states, so check with a local attorney to find out if it’s practiced where you live.) Arbitration has benefits over a court trial. You and your spouse get to choose the arbitrator. In court, you can’t pick your judge. Also, you can decide to relax the usual rules of evidence. For example, you might agree to allow the production of a witness’s sworn written statement, rather than having the witness appears in person. Additionally, you’ll work together to set the dates, times, and duration of your arbitration sessions. That’s a luxury you don’t have in court, where contested divorces can linger for over a year, and you can spend hours each time you’re there, just waiting for a judge to become available. The major drawback of arbitration is that the decision is binding and final. Barring some impropriety on the arbitrator’s part, you ordinarily can’t appeal. With a court trial, you can appeal almost as a matter of course. Also, in addition to paying your lawyers, you’ll have to pay the arbitrator. This can get pricey, particularly with complex cases.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Nursing Homes In Utah
Utah Divorce Code 30-3-35.5
Conceal Carry Law
Property Manager Law
Design Patent Law
State And Federal Firearms Laws
{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
The post Utah Divorce Code 30-3-36 first appeared on Michael Anderson.
from Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-36/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/631498860978667520
0 notes
coming-from-hell · 4 years
Text
Utah Divorce Code 30-3-36
Utah Code 30-3-36: Special Circumstances
1. When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent. 2. For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:(a) a. an itinerary of travel dates; b. destinations; c. places where the child or traveling parent can be reached; and d. the name and telephone number of an available third person who would be knowledgeable of the child’s location. 3. Unchaperoned travel of a child under the age of five years is not recommended.
youtube
Section 10 of the 1985 Act provides that the court can depart from “equal sharing” if this departure is justified by “special circumstances”. The law is not black and white in regard to what exactly constitutes a ‘special circumstance’ however; Section 10(6) provides an illustrative list of possible “special circumstances”:
• The terms of any agreement between the parties on the ownership or division of any of the matrimonial property; • The source of the funds or assets used to acquire any of the matrimonial property where those funds or assets were not derived from the income or efforts of the parties during the marriage; • Any destruction, dissipation or alienation of property by either party; • The nature of the matrimonial property, the use made of it (including use for business purposes or as a matrimonial home) and the extent to which it is reasonable to expect it to be realized or divided or used as security; • The actual or prospective liability for any expenses of valuation or transfer of property in connection with the divorce. The circumstances mentioned will not necessarily guarantee a departure from equal sharing but rather it will be a matter for negotiation, or in litigation for consideration by the Sheriff or Judge determining the case. The Sheriff or Judge must be satisfied that equal sharing would not be fair in the circumstances of the case and ultimately it will be a matter for agreement or exercise of the court’s discretion.
Common Law Marriage and Divorce
Common law marriage is an informal form of marriage. Couples that have an informal marriage do not obtain a marriage license. Instead, they live together for a significant period of time and have the intention to marry. Without a license or a wedding, these couples can be considered married in some states because they act like they are married by living together and caring for one another. Not every state recognizes common law marriage as a legal form of law. The only states that allow this type of marriage are: • Alabama • Colorado • The District of Columbia • Georgia (for marriages before 1/1/1997) • Idaho (for marriages before 1/1/1996) • Iowa • Kansas • Montana • New Hampshire (for inheritance purposes) • Ohio (for marriages before 10/10/1991) • Oklahoma • Pennsylvania • Rhode Island • South Carolina • Texas Couples are considered married by common law in these states if they act like they are married, for instance by wearing wedding rings, using the same last name, referring to each other as “husband” and “wife”, and filing joint tax returns. Even in states that do not allow common law marriages, these couples will get considered married. This is because the marriage is valid in the state that it occurred in, and all other states must recognize valid marriages of another state. This qualifies as a special circumstance.
youtube
Common Law Divorce
While the process of becoming informally married is very different than a traditional marriage, the divorce process is the same for both types of marriage. The rights and obligations present in a common law marriage are the same as those for a traditional marriage. As a result, ending the marriage means undergoing the traditional divorce process. You will have to file the procedures for divorce in the state that you live in. The divorce process will vary based on where you live. However, because many states do not allow common law marriage, if you live in one of these states, you won’t have to worry about filing for divorce, since your state will never recognize your marriage as legal in the first place. If you are not sure if you are legally married as a result of common law marriage in your state, and you want to get a divorce, you should discuss your situation with a divorce lawyer.
Marriage Annulment
Divorce and annulment have similarities; however, they are also two different procedures that can mean slightly different things. Both are court proceedings that dissolve a marriage, however, a divorce imply that the marriage has simply ended, while an annulment treats the marriage like it never happened. Because divorce can carry a negative stigma, some people prefer to get their marriages annulled. If this is the case, a civil annulment is applied for. However, some people want to get an annulment because it makes it easier to remarry within the church if the marriage is not recognized. If this is the case, you should get a religious annulment.
Marriage Annulment Reasons
If you want to get a civil annulment, there are several grounds that you can file for an annulment on. These vary slightly by state, so you should hire a divorce attorney to help you understand the exact laws and procedures in your state. However, getting an annulment will generally require at least one of the following reasons. The first reason to get a civil annulment is fraud or misrepresentation. If your spouse knowingly lied to you about something like his or her ability to have children, a previous and existing marriage, or lying about reaching the age of consent, these are grounds for an annulment. Another reason to get an annulment is the ability or refusal to consummate the marriage. If your marriage is never consummated, for whatever reason, you will have grounds for an annulment. Concealment is another ground for an annulment. If your spouse conceals an addiction to drugs or alcohol, children from another relationship, a sexually transmitted disease, a felony conviction, or impotency, you might be able to get an annulment. The final grounds for an annulment is a misunderstanding, such as if one spouse wants to have children and the other does not. This is the most open-ended of the reasons for an annulment, so you might want to talk to a lawyer about your specific circumstances and the likelihood of making a case for an annulment.
youtube
The legal reasons for divorce can vary by state, but below are some of the most generally accepted grounds to file for at-fault divorce: • Adultery or cheating • Bigamy • Desertion • Mental incapacity at time of marriage • Marriage between close relatives • Impotence at time of marriage • Force or fraud in obtaining the marriage • Criminal conviction and/or imprisonment • Mental or physical abuse • Drug or alcohol addiction • Mental illness Again, check your state laws to be sure, but these are the most common grounds for divorce across various states. You’ll be required to provide proof of misconduct during the court proceedings; so, be prepared. For example, if you’re divorcing on the grounds of adultery, you’ll need more than just a strong suspicion your spouse is sleeping around.
Filing for No-Fault Divorce
All states offer a form of no-fault divorce. However, you still need to file based on legal grounds. In no-fault cases, the grounds are commonly referred to by some of the following terms: • Irreconcilable differences • Incompatibility • Irretrievable breakdown This is simply a formal way of saying you and your spouses have serious differences that have broken your marriage beyond your ability to repair it. No one is at fault, but you still want a divorce. No-fault divorces are quite common and are usually the faster and simpler form of divorce proceedings. Because there is no burden of proof, the trials tend to be quicker and cheaper than their counterparts.
Deciding Between Filing for At-Fault or No-Fault Divorce
Making the right determination depends on a few factors. First, do you have hard proof of misconduct? If you don’t, filing for no-fault is going to be your only option. Similarly, if your budget is constrained, you may not want to endure the long, dragged out process of an at-fault divorce. However, in states where a spouse’s actions and misdeeds can influence the Court’s division of property and allocation of alimony, it may be worth bringing it up. For example, if your spouse lavished expensive gifts on his/her lover, you may want to ask the court to be reimbursed for the share of monies squandered as part of the final settlement. Ultimately, you’re the only one who can decide what the right path is going to be for you. While you can certainly consult a lawyer about your options, the final decision will be yours.
youtube
Resolving Issues on Your Own
If you and your spouse are on good terms, you can itemize your marital issues, and attempt to reach a meeting of the minds on each one of them. It would be wise to do some advance research to learn about the topics you’ll need to discuss, so you don’t omit anything. Typically, divorce issues include any or all of the following: • property and debt division • alimony or spousal support • child custody, and • child support. Once you’ve come to an agreement on all of your divorce-related issues, you should have a divorce lawyer formalize your settlement by preparing a Property Settlement Agreement (also known as a Marital Settlement Agreement). This will normally contain important legal clauses, in addition to the terms you’ve reached. Remember though that you and your spouse cannot use the same attorney you should each have your own lawyers review the agreement on your behalf.
Mediating Your Divorce
Mediation is a popular method of ADR. Mediators are trained professionals (typically lawyers or child custody experts) who assist the spouses in working out their differences. The couple will provide the mediator with information and documents (such as tax returns) in advance and meet with the mediator as often as necessary to reach a settlement. The goal is to reduce the settlement terms to a written agreement. Mediation is ordinarily much less stressful than a contested divorce. Sessions are relatively informal and often take place in the mediator’s office. And although the couple can have attorneys with them, it’s not required, which adds to the cost-effectiveness of the mediation process. (In fact, having attorneys present can at times be counterproductive, particularly if an attorney is combative.) You will have to pay the mediator, but that cost is usually shared.
Collaborative Divorce
Collaborative divorce is another form of ADR. It’s similar to mediation in that the goal is to reach a settlement, but it’s structured differently. Collaborative divorce doesn’t involve a mediator or other intermediary. Rather, the spouses each have an attorney, and participate in “four-way” sessions with that goal of reaching an agreement. Attorneys who practice collaborative law often have special training in this area. And to ensure that they keep their focus on settlement, the law in most if not all states won’t permit them to represent the spouses in future court proceedings, should the negotiations fail. Collaborative law is grounded in a team approach. All participants are obligated to work together to reach an agreement. Any experts that take part in the process (such as accountants, property appraisers, and child psychologists where custody is an issue) must be neutral and agreed to by both spouses. People tend to opt for collaborative divorce over mediation if they’re more comfortable having an attorney represent them in all phases of the settlement proceedings. But remember, if you’re unable to reach an agreement, you have to start the formal divorce process with new attorneys. This could mean a significant additional expense, because these new lawyers will have to familiarize themselves with the case, from scratch.
Divorce Arbitration
Divorce arbitration is yet another tool in the ADR kit and is often utilized by couples who don’t believe they’ll be able to settle their dispute, but want someone to decide their issues outside of the normal court process. Whereas mediation and collaborative divorce are geared to settling your case, the goal of arbitration is for the arbitrator to adjudicate the matter and issue a decision, much as a judge would after a trial. (Divorce arbitration may not be available in all states, so check with a local attorney to find out if it’s practiced where you live.) Arbitration has benefits over a court trial. You and your spouse get to choose the arbitrator. In court, you can’t pick your judge. Also, you can decide to relax the usual rules of evidence. For example, you might agree to allow the production of a witness’s sworn written statement, rather than having the witness appears in person. Additionally, you’ll work together to set the dates, times, and duration of your arbitration sessions. That’s a luxury you don’t have in court, where contested divorces can linger for over a year, and you can spend hours each time you’re there, just waiting for a judge to become available. The major drawback of arbitration is that the decision is binding and final. Barring some impropriety on the arbitrator’s part, you ordinarily can’t appeal. With a court trial, you can appeal almost as a matter of course. Also, in addition to paying your lawyers, you’ll have to pay the arbitrator. This can get pricey, particularly with complex cases.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Nursing Homes In Utah
Utah Divorce Code 30-3-35.5
Conceal Carry Law
Property Manager Law
Design Patent Law
State And Federal Firearms Laws
{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
The post Utah Divorce Code 30-3-36 first appeared on Michael Anderson.
Source: https://www.ascentlawfirm.com/utah-divorce-code-30-3-36/
0 notes
Text
Utah Divorce Code 30-3-36
Utah Code 30-3-36: Special Circumstances
1. When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent. 2. For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:(a) a. an itinerary of travel dates; b. destinations; c. places where the child or traveling parent can be reached; and d. the name and telephone number of an available third person who would be knowledgeable of the child’s location. 3. Unchaperoned travel of a child under the age of five years is not recommended.
youtube
Section 10 of the 1985 Act provides that the court can depart from “equal sharing” if this departure is justified by “special circumstances”. The law is not black and white in regard to what exactly constitutes a ‘special circumstance’ however; Section 10(6) provides an illustrative list of possible “special circumstances”:
• The terms of any agreement between the parties on the ownership or division of any of the matrimonial property; • The source of the funds or assets used to acquire any of the matrimonial property where those funds or assets were not derived from the income or efforts of the parties during the marriage; • Any destruction, dissipation or alienation of property by either party; • The nature of the matrimonial property, the use made of it (including use for business purposes or as a matrimonial home) and the extent to which it is reasonable to expect it to be realized or divided or used as security; • The actual or prospective liability for any expenses of valuation or transfer of property in connection with the divorce. The circumstances mentioned will not necessarily guarantee a departure from equal sharing but rather it will be a matter for negotiation, or in litigation for consideration by the Sheriff or Judge determining the case. The Sheriff or Judge must be satisfied that equal sharing would not be fair in the circumstances of the case and ultimately it will be a matter for agreement or exercise of the court’s discretion.
Common Law Marriage and Divorce
Common law marriage is an informal form of marriage. Couples that have an informal marriage do not obtain a marriage license. Instead, they live together for a significant period of time and have the intention to marry. Without a license or a wedding, these couples can be considered married in some states because they act like they are married by living together and caring for one another. Not every state recognizes common law marriage as a legal form of law. The only states that allow this type of marriage are: • Alabama • Colorado • The District of Columbia • Georgia (for marriages before 1/1/1997) • Idaho (for marriages before 1/1/1996) • Iowa • Kansas • Montana • New Hampshire (for inheritance purposes) • Ohio (for marriages before 10/10/1991) • Oklahoma • Pennsylvania • Rhode Island • South Carolina • Texas Couples are considered married by common law in these states if they act like they are married, for instance by wearing wedding rings, using the same last name, referring to each other as “husband” and “wife”, and filing joint tax returns. Even in states that do not allow common law marriages, these couples will get considered married. This is because the marriage is valid in the state that it occurred in, and all other states must recognize valid marriages of another state. This qualifies as a special circumstance.
youtube
Common Law Divorce
While the process of becoming informally married is very different than a traditional marriage, the divorce process is the same for both types of marriage. The rights and obligations present in a common law marriage are the same as those for a traditional marriage. As a result, ending the marriage means undergoing the traditional divorce process. You will have to file the procedures for divorce in the state that you live in. The divorce process will vary based on where you live. However, because many states do not allow common law marriage, if you live in one of these states, you won’t have to worry about filing for divorce, since your state will never recognize your marriage as legal in the first place. If you are not sure if you are legally married as a result of common law marriage in your state, and you want to get a divorce, you should discuss your situation with a divorce lawyer.
Marriage Annulment
Divorce and annulment have similarities; however, they are also two different procedures that can mean slightly different things. Both are court proceedings that dissolve a marriage, however, a divorce imply that the marriage has simply ended, while an annulment treats the marriage like it never happened. Because divorce can carry a negative stigma, some people prefer to get their marriages annulled. If this is the case, a civil annulment is applied for. However, some people want to get an annulment because it makes it easier to remarry within the church if the marriage is not recognized. If this is the case, you should get a religious annulment.
Marriage Annulment Reasons
If you want to get a civil annulment, there are several grounds that you can file for an annulment on. These vary slightly by state, so you should hire a divorce attorney to help you understand the exact laws and procedures in your state. However, getting an annulment will generally require at least one of the following reasons. The first reason to get a civil annulment is fraud or misrepresentation. If your spouse knowingly lied to you about something like his or her ability to have children, a previous and existing marriage, or lying about reaching the age of consent, these are grounds for an annulment. Another reason to get an annulment is the ability or refusal to consummate the marriage. If your marriage is never consummated, for whatever reason, you will have grounds for an annulment. Concealment is another ground for an annulment. If your spouse conceals an addiction to drugs or alcohol, children from another relationship, a sexually transmitted disease, a felony conviction, or impotency, you might be able to get an annulment. The final grounds for an annulment is a misunderstanding, such as if one spouse wants to have children and the other does not. This is the most open-ended of the reasons for an annulment, so you might want to talk to a lawyer about your specific circumstances and the likelihood of making a case for an annulment.
youtube
The legal reasons for divorce can vary by state, but below are some of the most generally accepted grounds to file for at-fault divorce: • Adultery or cheating • Bigamy • Desertion • Mental incapacity at time of marriage • Marriage between close relatives • Impotence at time of marriage • Force or fraud in obtaining the marriage • Criminal conviction and/or imprisonment • Mental or physical abuse • Drug or alcohol addiction • Mental illness Again, check your state laws to be sure, but these are the most common grounds for divorce across various states. You’ll be required to provide proof of misconduct during the court proceedings; so, be prepared. For example, if you’re divorcing on the grounds of adultery, you’ll need more than just a strong suspicion your spouse is sleeping around.
Filing for No-Fault Divorce
All states offer a form of no-fault divorce. However, you still need to file based on legal grounds. In no-fault cases, the grounds are commonly referred to by some of the following terms: • Irreconcilable differences • Incompatibility • Irretrievable breakdown This is simply a formal way of saying you and your spouses have serious differences that have broken your marriage beyond your ability to repair it. No one is at fault, but you still want a divorce. No-fault divorces are quite common and are usually the faster and simpler form of divorce proceedings. Because there is no burden of proof, the trials tend to be quicker and cheaper than their counterparts.
Deciding Between Filing for At-Fault or No-Fault Divorce
Making the right determination depends on a few factors. First, do you have hard proof of misconduct? If you don’t, filing for no-fault is going to be your only option. Similarly, if your budget is constrained, you may not want to endure the long, dragged out process of an at-fault divorce. However, in states where a spouse’s actions and misdeeds can influence the Court’s division of property and allocation of alimony, it may be worth bringing it up. For example, if your spouse lavished expensive gifts on his/her lover, you may want to ask the court to be reimbursed for the share of monies squandered as part of the final settlement. Ultimately, you’re the only one who can decide what the right path is going to be for you. While you can certainly consult a lawyer about your options, the final decision will be yours.
youtube
Resolving Issues on Your Own
If you and your spouse are on good terms, you can itemize your marital issues, and attempt to reach a meeting of the minds on each one of them. It would be wise to do some advance research to learn about the topics you’ll need to discuss, so you don’t omit anything. Typically, divorce issues include any or all of the following: • property and debt division • alimony or spousal support • child custody, and • child support. Once you’ve come to an agreement on all of your divorce-related issues, you should have a divorce lawyer formalize your settlement by preparing a Property Settlement Agreement (also known as a Marital Settlement Agreement). This will normally contain important legal clauses, in addition to the terms you’ve reached. Remember though that you and your spouse cannot use the same attorney you should each have your own lawyers review the agreement on your behalf.
Mediating Your Divorce
Mediation is a popular method of ADR. Mediators are trained professionals (typically lawyers or child custody experts) who assist the spouses in working out their differences. The couple will provide the mediator with information and documents (such as tax returns) in advance and meet with the mediator as often as necessary to reach a settlement. The goal is to reduce the settlement terms to a written agreement. Mediation is ordinarily much less stressful than a contested divorce. Sessions are relatively informal and often take place in the mediator’s office. And although the couple can have attorneys with them, it’s not required, which adds to the cost-effectiveness of the mediation process. (In fact, having attorneys present can at times be counterproductive, particularly if an attorney is combative.) You will have to pay the mediator, but that cost is usually shared.
Collaborative Divorce
Collaborative divorce is another form of ADR. It’s similar to mediation in that the goal is to reach a settlement, but it’s structured differently. Collaborative divorce doesn’t involve a mediator or other intermediary. Rather, the spouses each have an attorney, and participate in “four-way” sessions with that goal of reaching an agreement. Attorneys who practice collaborative law often have special training in this area. And to ensure that they keep their focus on settlement, the law in most if not all states won’t permit them to represent the spouses in future court proceedings, should the negotiations fail. Collaborative law is grounded in a team approach. All participants are obligated to work together to reach an agreement. Any experts that take part in the process (such as accountants, property appraisers, and child psychologists where custody is an issue) must be neutral and agreed to by both spouses. People tend to opt for collaborative divorce over mediation if they’re more comfortable having an attorney represent them in all phases of the settlement proceedings. But remember, if you’re unable to reach an agreement, you have to start the formal divorce process with new attorneys. This could mean a significant additional expense, because these new lawyers will have to familiarize themselves with the case, from scratch.
Divorce Arbitration
Divorce arbitration is yet another tool in the ADR kit and is often utilized by couples who don’t believe they’ll be able to settle their dispute, but want someone to decide their issues outside of the normal court process. Whereas mediation and collaborative divorce are geared to settling your case, the goal of arbitration is for the arbitrator to adjudicate the matter and issue a decision, much as a judge would after a trial. (Divorce arbitration may not be available in all states, so check with a local attorney to find out if it’s practiced where you live.) Arbitration has benefits over a court trial. You and your spouse get to choose the arbitrator. In court, you can’t pick your judge. Also, you can decide to relax the usual rules of evidence. For example, you might agree to allow the production of a witness’s sworn written statement, rather than having the witness appears in person. Additionally, you’ll work together to set the dates, times, and duration of your arbitration sessions. That’s a luxury you don’t have in court, where contested divorces can linger for over a year, and you can spend hours each time you’re there, just waiting for a judge to become available. The major drawback of arbitration is that the decision is binding and final. Barring some impropriety on the arbitrator’s part, you ordinarily can’t appeal. With a court trial, you can appeal almost as a matter of course. Also, in addition to paying your lawyers, you’ll have to pay the arbitrator. This can get pricey, particularly with complex cases.
Free Initial Consultation with Lawyer
It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Nursing Homes In Utah
Utah Divorce Code 30-3-35.5
Conceal Carry Law
Property Manager Law
Design Patent Law
State And Federal Firearms Laws
{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
The post Utah Divorce Code 30-3-36 first appeared on Michael Anderson.
from Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-36/
0 notes
floridaprelaw-blog · 4 years
Text
Owens v Owens: Is The Law To Blame?
By Matthew Ginsberg, University of South Florida, Class of 2021
February 11, 2020
Tumblr media
In 1978, Tini and Hugh Owens fell in love and got married. They had two children and raised a beautiful family together. After being married for over 30 years, Mrs. Owens decided it was in her best interest to discuss with a solicitor about the possibility of getting a divorce, believing that her husband had been acting “unreasonably” in June, 2012. During the meeting, Mrs. Owens decided that she would give Mr. Owens more time to see if getting divorced was something she genuinely wanted to pursue. Less than three years after the meeting, Mrs. Owens became desperately unhappy, and decided to move out in February, 2015. Three months later, Mrs. Owens filed for a divorce, based on the Matrimonial Causes Act of 1973. With divorce rates so common at nearly 50%, how did Mrs. Owens case end up going all the way through the judicial system, eventually making it to the Supreme Court? 
In May, 2015, Mrs. Owens filed for a divorce, believing “that the respondent had behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.” To show that the marriage had broken down, Mrs. Owens explained to the judge that Mr. Owens conducted “unreasonable behavior” that satisfied section 1 (2) (b) of the Matrimonial Causes Act. After pleading her case to the judge, Mr. Owens defended his side of the case, arguing that “the examples given at the trial by Mrs. Owens did not show sufficient evidence to satisfy the test presented.” After each side had finished arguing their case, the judge determined that Mrs. Owens had “exaggerated the allegations and was dealing with issues that are to be expected in marriage.” The court did not believe there was sufficient evidence to prove Mrs. Owens allegations of “unreasonable behavior” against Mr. Owens was convincing enough to have the petition granted.
Dumbfounded by the decision, Mrs. Owens decided to appeal the initial ruling to the Court of Appeals, believing that her case showed sufficient evidence that Mr. Owens conducted “unreasonable behaviour” that met the qualifications necessary in the Matrimonial Causes Act of 1973. To her dissatisfaction, the Court of Appeals upheld the previous ruling, claiming that “we are interested in substance, and agree that Mrs. Owens exaggerated the context and seriousness of the allegations, and the resulting impact was modest.” Unwilling to accept the rulings made in the previous two hearings, Mrs. Owens proceeded to file a petition to have her case heard by the Supreme Court. Out of the 7,000 cases asked to be reviewed annually, around 100 are heard by the Supreme Court. While the chances of the Supreme Court hearing a case are rare, if the court proceeds with the hearing, nearly ​⅔ ​of cases result in the previous rulings being overturned. On May 17, 2018, the Supreme Court proceeded with the case, making history for hearing their first case on divorce itself- 229 years after the Supreme Court was established in the Constitution. 
After the hearing was complete, there was great anticipation on what the final ruling would be. The Supreme Court's decision would be the third and final opportunity for Mrs. Owens to get the divorce she desired so deeply- enduring the multi- year long financial and emotional burden of three judicial hearings on the same case. Although Mrs. Owens was optimistic that the results would pan out in her favor, to her surprise the Supreme Court ruled in a 7-0 unanimous decision in favor of Mr. Owens, admitting that while the case “generates uneasy feelings, ​the majority judgment established that such feelings have no real consequences in the court’s decision-making process.” The court continued, stating that ​“It is not for us to change the law laid down by Parliament – our role is only to interpret and apply the law that Parliament has given us.” Based on the court’s justification, all seven justices were in agreement that Mrs. Owens evidence that Mr. Owens was “unreasonably behaving” did not suffice within the jurisdiction of the Matrimonial Causes Act of 1973. This means that Mrs. Owens will have to wait until February 2020 to apply for a divorce on the basis of five years’ separation, at the age of 70 years old.  ​With “unreasonable behaviour” being the most common fact relied on in England at nearly 54% of annual petitions, does the Supreme Court’s ruling set a dangerous precedent moving forward?
Regardless of how people emotionally feel toward Mrs. Owens having her petition rejected in three separate hearings, it’s the responsibility of the court to ensure that the principles of the law are of utmost priority when a final ruling is determined. In the case of Owens v Owens, the judges and Supreme Court Justices making the final verdict in each hearing were all in agreement that while minor arguments and incidents had occurred between Mr. and Mrs. Owens, there was no conclusive evidence to suggest that Mr. Owens was acting with “unreasonable behaviour.” With the Supreme Court’s final decision leaving Mrs. Owens forced to stay in a marriage with a man she no longer desired nor lived with, it’s hard not to question if the law itself is to blame, and if revisions need to be made to avoid future conflicts. Even though all of the judges involved in the case decided to uphold the initial ruling that rejected Mrs. Owens petition, ​“All judges were in agreement that the law was inadequate as this marriage had quite clearly and irretrievably broken down, but not in a way recognized by the law.” While the verdict of the case remains controversial, it’s the role of judges to honor the laws already established, not to promote their beliefs and values. If the judicial system wants to avoid hearing cases similar to Owens v Owens moving forward, it’s the responsibility of lawmakers to update set- policy, and implement no- fault divorce legislation.
________________________________________________________________
Barton, Laura. “Tini Owens Is Locked Into An Unhappy Marriage – This Is Why We Need 'No Fault' Divorce.” ​The Guardian ​ , Guardian News and Media, 16 May 2018, www.theguardian.com/lifeandstyle/shortcuts/2018/may/16/tini-owens-is-locked-into-an-unhappy-marriage-this-is-why-we-need-no-fault-divorce.
Brown, Harry. “The Supreme Court.” ​Owens (Appellant) v Owens (Respondent) - The Supreme Court ​ , 8 June 2018, ​www.supremecourt.uk/cases/uksc-2017-0077.html.
Hampton, Nadia. “Owens v Owens: Time for Reform of Divorce Law?” ​Anderson Rowntree ​ , 30 Mar. 2017, ​www.ar-law.co.uk/journal/owens-v-owens-time-reform-divorce-law​. Riel, Staci. “Owens v Owens: Unreasonable Law Not Unreasonable Behaviour?” ​The Law Society ​ , 10 Aug. 2018, www.lawsociety.org.uk/practice-areas/family-children/owens-v-owens-unreasonable-law-n ot-unreasonable-behaviour/​.
Russell, Elizabeth. “Owens v Owens & the ‘No Fault’ Divorce Debate.” ​Crane & Staples ​ , 22 Sept. 2017, www.crane-staples.co.uk/news/2017/09/owens-v-owens-no-fault-divorce-debate/.
Seager, Angela. “No-Fault Divorce: Why the Owens v Owens Case Is So Important.” ​Lawyer Monthly | Legal News Magazine ​ , 7 May 2018, www.lawyer-monthly.com/2018/05/no-fault-divorce-why-the-owens-v-owens-case-is-so-i mportant/.
Taylor, Zachary. “What Happened In the Case of Owens v Owens?” ​Harrison Drury Solicitors ​ , 6 Feb. 2019, www.harrison-drury.com/divorce/what-happened-in-the-case-of-owens-v-owens/.
0 notes