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Old 11-15-2007, 08:53 AM #1
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Attention DIVORCE BREAKING NEWS for Parkies going through a D.I.V.O.R.C.E please read:

Now - some or most of the US states, have DIVORCE that is called -
"NO-FAULT DIVORCE"

if I would have only known this - my ex said on the witness stand he had a girlfriend but he filed for a NO FAULT DIVORCE.
and legal aid was too green -to say it politely....

no one looks out for Parkies -except a Parkie...

WE do not want to go with this NO FAULT -- - we want to fault the divorce either spouse is leaving because of the "PD" -
so he /she will be punished if at all possible by the Courts -now check with your state lawyers -
but if your soon to be "ex" - has another -has been verified seeing or dating someone else - or living with another.
you can sue the boyfriend or the girlfriend of your spouse for the alienation of that said spouse -
because it was a Contract set between you -and vows said between you -till death parts us!

now -this being said -you must realize this is LAW -
the LAW is suppose to apply to all -so that means you can not live with or co-habitate!

this is from an online lawyer source-

No-Fault Divorce
Most of the states in the U.S. have a family law system that allows "no-fault divorce," which, as its name implies, allows a married couple to divorce without a requirement of finding or stating who is "at fault" for the marriage coming to an end. No-fault divorces have been around since 1953, when Oklahoma became the first state to institute no-fault divorce statutes, but most states did not implement a no-fault system until after 1970, when then-governor Ronald Reagan signed no-fault divorce into law in California.

The "Fault-Based" System

When "fault-based divorce" was the legal norm, one of the spouses had to prove in court that the other spouse was to blame for their marriage's failure. People would allege adultery, desertion, mental cruelty, drunkenness, or insanity, for example. Detectives were sometimes hired to gather evidence against a spouse. It was a cumbersome, sometimes hypocritical, and often ugly way for people to get a divorce.

If the couple simply wanted to divorce but didn't really have a reason for divorcing that fit within the confines of their state's divorce statute, they would pick an allegation and agree to blame one spouse, who would "confess" to that allegation.


Finding Fault No Longer Required

In contrast, under a no-fault divorce system, one spouse can simply file for divorce without placing the blame on the other spouse. A spouse does not need to allege or prove fault for the failure of the marriage, nor does that spouse require the other spouse’s consent.

The couple does not have to "jump through any hoops" to get divorce. Of course, if they have children, the court will want to make sure that the children are provided for, both financially and emotionally and regarding their education and future after the divorce.

Less Hostility, Less Lying

It's now been more than 50 years since the introduction of no-fault divorce in the U.S., and the system seems to be working well and to be preferred by most parties — divorcing spouses, the courts, and family law experts. The no-fault aspect of the system significantly reduced the level of lying and hostility in the divorce process. A couple can now just "call it quits" when they feel that they can no longer live their lives as a married couple.

Less Costly Process, Quicker Resolution

The advent of no-fault divorce also greatly lowered the cost of getting an uncontested divorce. There is no need to hire a detective or mental health expert or to pay for evidence, whether real or fabricated. The processing of divorces became significantly faster when no-fault divorces became common too. Divorce-court backlogs were reduced.

Grounds for Divorce Still Used

Although no-fault divorce may be available in a given state, a couple that wants to divorce may still have the option of alleging a particular "ground" for divorce such as abuse or financial impropriety. In light of the variety of divorce options and technical differences among the 50 states, it's always advisable for a spouse who wants a divorce to consult a divorce attorney in his or her area to explore the legal options that are available in that state.

The same is true for an individual who does not want to divorce, although his or her spouse has filed for divorce. In such a case, a divorce attorney's counsel and representation are all the more critical. Each spouse has legal rights regarding the division of assets, child custody and child support, visitation rights, and possibly spousal support that should be protected.

Contact an Attorney Today

Whether a no-fault divorce or fault-based divorce is being pursued by either spouse, an individual's legal rights can be protected with the help of an experienced lawyer. Contact a qualified divorce attorney in your area today to arrange a free and private consultation.


Divorce Breaking News

http://www.onlinelawyersource.com/di...t-divorce.html
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lou_lou


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pd documentary - part 2 and 3

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Resolve to be tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant with the weak and the wrong. Sometime in your life you will have been all of these.
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Old 11-15-2007, 09:12 AM #2
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Lightbulb the NO FAULT DIVORCE law in 1989

June 18, 1989
'No Fault' Divorce Is Considered By New York State Lawmakers
By ELIZABETH KOLBERT, SPECIAL TO THE NEW YORK TIMES
LEAD: New Yorkers for the first time would be able to get ''no fault'' divorces under a measure being considered by the Legislature.

New Yorkers for the first time would be able to get ''no fault'' divorces under a measure being considered by the Legislature.

The measure would allow a husband or wife to obtain a divorce even if the spouse did not agree to it.

Under current law, one spouse can divorce the other against his or her will only by proving some fault, like adultery or abandonment. Under the measure under consideration, ''irreconcilable differences'' would be sufficient grounds for divorce if the couple had lived apart for at least a year and a half.

The measure would not affect couples who enter into a separation agreement before filing for divorce. Couples with such agreements are virtually guaranteed divorces if they live up to the terms of the agreements for at least a year. Approved by the Senate

''No fault'' divorces are already available in 38 states, including New Jersey and Connecticut, research by the Assembly Judiciary Committee shows.

The divorce measure has been approved by the Republican-led State Senate. But because of heavy lobbying against the measure by women's groups, its future in the Democratic-led Assembly is uncertain.

Opponents argue that in many marriages where the husband controls most of the assets, the wife's ability to refuse him a divorce is her only weapon in the fight over the division of property.

''It's often the only thing a woman has going into a divorce,'' said Marilyn Fitterman, president of the New York State chapter of the National Organization for Women, which opposes the measure. 'Horrible, Terrible Things'

Supporters of the measure argue that there are enough protections built into the bill to insure that women get fair treatment in a divorce, and they say that requiring a spouse to prove fault often has unhappy consequences.

''You come up with the most horrible, terrible things you can about the other person,'' said Norman S. Heller, a member of the matrimonial law committee of the City Bar Assocation in New York, which favors the bill.

It is often husbands, Mr. Heller added, who refuse to grant a divorce in an effort to wrest economic concessions from their wives. ''I've seen instances in which the husband puts up obstacles to a divorce to avoid having to divide property,'' he said.

The Assembly sponsor of the measure, G. Oliver Koppell, a Bronx Democrat who is chairman of the Judiciary Committee, said he was not sure whether he would press for passage of the bill by the end of the session, expected early next month. But he said he hoped to convince opponents that taken together with other bills the Legislature is expected to approve this session, including new child-support guidelines, the divorce measure was not damaging to women.

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lou_lou


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by
.
, on Flickr
pd documentary - part 2 and 3

.


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Resolve to be tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant with the weak and the wrong. Sometime in your life you will have been all of these.
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Old 11-15-2007, 09:21 AM #3
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Lightbulb The Greek Courts and -the idea of NO FAULT divorce

here is the arguement -can be applied to disabled spouses:

this is from the oxford journals -this is all you get for free?


Protecting Homemakers' Marriage-Specific Investments under No-Fault Divorce: A Model for Restructuring Alimony in Civil Law Countries
Aspasia Tsaoussis
Athens Laboratory of Business Administration

Send correspondence to: Aspasia Tsaoussis, Athens Laboratory of Business Administration, Athinas Avenue and 2A Areos Street, 16671 Vouliagmeni, Athens, Greece; Fax: +30-210-8962139; E-mail: atsaoussi@abanet.org.

The radical reform of Greek family law in 1983 included the introduction of no-fault divorce. This study examines the impact of the new liberalized divorce law on the well-being of homemakers in long-duration traditional marriages. We reviewed a sample of reported judicial decisions on postdivorce maintenance and found that Greek judges render restrictive interpretations of the general standards of need, adequacy, and sufficiency. We conclude that judges have failed to compensate full-time homemakers for their nonpecuniary contributions, and we propose a reliance-based alimony model that judges can use to protect financially weaker spouses upon divorce.
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with much love,
lou_lou


.


.
by
.
, on Flickr
pd documentary - part 2 and 3

.


.


Resolve to be tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant with the weak and the wrong. Sometime in your life you will have been all of these.
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Old 11-15-2007, 10:10 PM #4
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Arrow state of missouri - alienation of affection or criminal conversation cases.

http://caselaw.lp.findlaw.com/script...nvol=50617_103


this is a great case - it shows how womenare still viewed as property in the
US...

www.findlaw.com
this is a very good site - if you know where to look...
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with much love,
lou_lou


.


.
by
.
, on Flickr
pd documentary - part 2 and 3

.


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Resolve to be tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant with the weak and the wrong. Sometime in your life you will have been all of these.
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Old 11-16-2007, 01:03 AM #5
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"In sickness and in health" comes to mind
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Old 11-16-2007, 06:31 AM #6
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Default dear steve

hello steve,
yes - I was an idealist, before I got the plague...
but I remember watching a movie, a long time ago, and I couldn't stop laughing,
yet in retrospect it was true, and people in that movie, did not even have to be ill
the movie was -When Harry met Sally...
loved it then -still a favorite of mine, because it is true -divorce is usually
a war?

this line that Billy Crystal used, has some biting humour.
Harry speaks -
Right now everything is great, everyone is happy, everyone is in love and that is wonderful. But you gotta know that sooner or later you're gonna be screaming at each other about who's gonna get this dish.

This eight dollar dish will cost you a thousand dollars in phone calls to the legal firm of That's Mine, This Is Yours.
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with much love,
lou_lou


.


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by
.
, on Flickr
pd documentary - part 2 and 3

.


.


Resolve to be tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant with the weak and the wrong. Sometime in your life you will have been all of these.
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