Marriage Defenders

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- Washington State Motion for Clarification -

SUPERIOR COURT OF WASHINGTON COUNTY OF -----------

In re Marriage of:

______________________

Petitioner

and

_____________________

Respondent

Case No. 97------

 

MOTION FOR CLARIFICATION

___________________ moves the Court for clarification -

This motion is based upon the following facts:

Order issued May 19,1999 states:

"2. The issue of whether or not the court can proceed to dissolve the marriage will not be contested by court room testimony and no expert testimony will be allowed. That issue is decided as an issue of law, if it is established that the marriage is irretrievably broken."

To the Honorable Judge B:

Respondent has clearly indicated to the Court her desire to appeal the divorce should it be granted. She will appeal the constitutionality of the statute allowing divorce on demand in the State of Washington on the basis that the law violates the Due Process Clause of the United States Constitution and the Equal Protection Clause of the United States Constitution. Therefore, for the purpose of preserving all of her rights for her appeal, the Respondent requests the following information to clarify the Court's Pre-Trial Order of May 19, 1999.

1. The Court states that no testimony will be allowed on the "issue of whether or not the Court can proceed to dissolve the marriage."

A. Is it the Court's understanding that this issue is one for the appeals court to decide? If so, what guidance can be given to the appeals court from the trial court regarding how the Court decided its authority to proceed to dissolve the marriage?

2. The Court states that the issue of dissolving a marriage is a "matter of law." The Court further states that it must be "established that the marriage is irretrievably broken." Respondent respectfully seeks clarification of the following issues:

A. Will the Court allow courtroom testimony which concerns whether or not the marriage is irretrievably broken?

B. What amount of evidence is required to prove that the marriage is irretrievably broken?

C. Does the Original Petition for Divorce constitute all the evidence needed to grant the divorce? Can that evidence be successfully rebutted? If so, how? If not, why not?

D. Will the Court allow expert testimony regarding the purpose and meaning of marriage, and the relationship of marriage to society? If the Court will not allow such testimony, how will the Court decide whether the marriage is irretrievably broken?

E. If the Court will not allow testimony regarding whether the marriage is irretrievably broken, how will the Respondent know why she was divorced?

F. If no testimony will be allowed on this issue, how will the Respondent be allowed her day in court to defend her marriage?

G. If the divorce will be granted "as a matter of law" how will the Respondent be provided equal protection of the law?

Respondent respectfully asks the Court to answer these questions as a pre-trial matter in order for the record to be clearly established for the purpose of appeal

. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Dated this ___20th___ day of _______May______, 1999.

__________________________

Name (signature)

Print or Type Name

 

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