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Interesting..."No Fault" Divorce in the U.S.

mom2five's picture
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This makes for a fascinating debate. But can you imagine being this poor guys girlfriend?

http://www.thedailybeast.com/blogs-and-stories/2010-08-28/no-fault-divor...$C9&om_mid=_BMemXWB8UOYTIT

mom2five's picture

I didn't show up as a link...here's part of the text:

Then one day, my husband began having an affair with a twice-divorced lawyer at his new job. A few months later, he left home for good, vowing to get remarried as soon as he got divorced from me. What he didn't realize was, we weren't getting a divorce. Not if I could help it.

I’m not sure my attorney thought I’d actually try and exercise my right to keep my family together. But that’s what I did. In any other state it would have been impossible. But in 2003, New York was the last state in America that still didn't have no-fault divorce on the books. After California passed America's first no-fault law in 1970, divorce frenzy swept the nation, and by 1985, every state in the country had followed suit–every state except for New York, where my husband and I happened to live.

When I refused a quickie divorce on his terms, he served me with divorce papers filled with baseless complaints.

“The whole thing is a pack of lies,” I said to my attorney, sobbing. “He’s the one committing adultery.”

“Then deny it, and sue him for divorce,” Saul said.

“But I don’t want a divorce,” I cried. “I love my husband.” Twenty years wasn’t something I wanted to chuck overnight. Made of strong Southern female stock, I grew up believing the words “until death do us part” were non-negotiable. Family was paramount, and divorce virtually unheard of. “I don’t think there’s anything in life that can’t be forgiven,” my aunt said when I asked for her advice. To me, that pretty much covered the whole territory.

One night when I was up reluctantly working on the divorce papers, my eldest daughter appeared by my side. “I don’t want you to get a divorce,” she said. I didn’t either. Yet until this moment, it hadn't occurred to me that I had the power to stop this from happening. I realized perhaps the break-up of my marriage wasn't inevitable and that by standing up, maybe I could also help others.

While the law gave me the right to try to save my marriage, however, the deck was stacked against me. If parties didn’t agree on a divorce in New York, the only way to exit a marriage was to prove the other spouse committed an actionable wrong like cruelty, sexual abandonment, or adultery. But spouses wrongfully accused rarely exercised their right to fight. “Divorce is about money,” Saul said. No one cared about right and wrong.

My husband said he’d fight me tooth and nail if I didn’t give in. And there were times I nearly did. He kept a tight rein on the purse strings, said he’d seek sole custody, and had his lawyers pound me with paper. Crippling weight loss and the task of adjusting to life as a single mom nearly wore me to a nub. Nearly five years I fought to keep our bond from being broken.

On my first day in divorce court the judge peered at me over her spectacles and strongly recommended I stop being so stubborn. She gave me her “Exercise Your Rights, But It’ll Cost You” speech, and made it clear that she'd prefer the case vanish from her docket. "Doesn’t your husband have the right to move on with his life?" another judge wanted to know. My husband had broken his vows; the system simply assumed I wanted off the hook, too.

After a lengthy trial, the judge dismissed all of my husband’s charges. But he was still determined. He moved across the Hudson River to New Jersey to establish residency. Within a year’s time of living there, he would be allowed to sue me again under that state’s no-fault law. Without the funds to keep fighting what was now the inevitable, I gave in. A year later, we had a second trial on financials, and our property was divided. When our divorce became final, my husband and I had been married for over a quarter of a century.

Last Sunday, I read that Governor Paterson had signed a bill making New York the fiftieth and final state in the country to enact no-fault divorce. I was heartsick. We would never stand for arranged marriages, so why do we tolerate unilateral divorce, where the power rests in one person's hands to vote on behalf of the whole family? If no-fault is good, why do we have the highest divorce rate of any Western nation? Why is the divorce rate for second marriages even higher? Studies show most “unhappy” marriages ride out the storm. No-fault removes that option.........

The article goes on to explain that she was able to drag her divorce out for 5 years. And the divorce was only finally granted when her husband moved to New Jersey to establish jurisdiction.

The ultimate crazy BM?

mom2five's picture

You have to wonder if she really loved him, or if she was just determined to make him (and his girlfriend) suffer.

happymostly's picture

oh my gosh that is so sick and disturbing. Glad the poor man finally got away from that b*tch.

tugofwar's picture

Yikes! :jawdrop:

livlaughlov's picture

My husbands ex dragged out his divorce for 6 years, even though she was the one who left him and signed a legal separation agreement! She quit her job, moved accross the county with his kids, and got a free lawyer. When he would try to settle on something, she'd refuse, change her mind, come up with something new to ask for etc. etc. It cost us so much money, and stress. It cost her nothing, and she had fun with it. She'd even mock him (knowing he wanted to marry me) and say "what's the big deal, what's the hurry?" Can you say BEEOOTCH?

soon2bestepmum's picture

Wow. You cannot force someone to stay married to you, and to love you (although, I do feel for people who find themselves in that situation). No wonder the guy wanted a divorce, she sounds just a tad bit controlling.

courtahhknee14's picture

just a little side not if you look into the fundamentals of "no fault" divorce it is entirely unconstitutional and violates your right to due process. my gradnad is a local teaxs attorney and has been working on getting someone to help take his case to the US supreme court. if you took the time to read his paper you would be astounded that, in fact, they are stripping the accused, or divorcee, of their right to defended themsleves in the eventheir spouse just wants to leave.

go through a divorce twice, where no one did anything wrong, have your family torn to shreds, and tell me you wouldnt do ANYTHING to keep your kids from having to go through the same trauma you and your siblings had to go through. i seee where shes coming from