With Justice for ALL (quote from the pledge of allegiance USA)
This is an informational website offering support not legal advise
EDUCATION - DIVORCE PROCESS BASICS
The process of obtaining a divorce at the local court house is much like going to a fast food drive through. In many states the actual divorce is awarded in no more than two weeks from the service on the spouse. Then there is a short period of time to work out child and property issues but the actual divorce can be granted in the "temporary orders".
Note: As you watch the progression of this flow chart ask yourself whose missing and what is missing? (answer at the end of the page)
|One spouse wants a divorce. (Many more women file than men but studies have shown that a large percentage of those women are being forced into the court through threats and intimidation including coercing by legal representatives to "get the upper hand" by filing first in order to keep children or property together. Only later do they find that there is no "upper hand" in this horrendous process.|
|Window #1||Spouse seeking dissolution of marriage goes to court house, pays a small fee that can be waived and obtains fill in the blank documents to take to window number two.|
|Spouse in many jurisdictions can seek help from court house aids in filling out the papers to expedite dissolution/divorce. No such help is offered to the spouse who doesn't want to be divorced.|
Spouse finishes filling out the prewritten forms obtained from the court house or on the Internet. Then the papers are stamped, put in a box and they are officially "filed". The spouse is given a date set to have the "temporary orders" handed down by an official of the court. (Used to be called show cause hearing but there doesn't have to be a "cause" now)
|PART B - Spouse serves their husband or wife and files the papers that they are to be divorced. Then files a document that they have informed their husband or wife of the court proceeding.|
Ideally both parties come to court and the Judge tells the spouse filing that they have a temporary order to dissolve the marriage. There is a date set and both parties are told to have the property and child issues resolved before that date.
Objections to the dissolution can be spoken at this time and the objecting spouse is told it doesn't matter what they want. In all but a few states the divorce will go through in as soon as 90 days.
End result is dissolution of marriage just as the filing spouse expected.
It is a foregone conclusion PRIOR to anyone even going to court that the divorce will be granted. In all but a very few states the result is not based on the most elementary rules of Judicial process requiring a "meaningful hearing" nor are the most basic civil rights for the spouse being sued protected.
Q. Whose missing in any meaningful participation in this process?
A. The spouse who is being divorced.
In all but a very few states the spouse being divorced is powerless to defend themselves against being stripped of their marital status, property taken and in many cases children removed from the vast majority of their lives. Income is divided or in many ways is eliminated from the life of the spouse who is being divorced.
A. Because no one has empowered the spouse being divorced with even the basic civil rights given to a criminal committing the most heinous actions possible.
The Judges are not allowed to Judge the case and are little more than rubber stamps for the whim of the filing spouse where the marriage is concerned.
Q. Can I defend myself and my marriage?
A. No. The "trial" or "mediation" is aimed at division of property and children NOT aimed at anything to do with the primary focus of the case as stated on the filing page. IN RE: THE MARRIAGE OF
Q. What else is missing?
A. JUSTICE FOR ALL
BUT I'M A RELIGIOUS PERSON AND THIS CIVIL CASE IS WRONG!! It violates my rights to practice my religious beliefs!
Q. What about the fact that my religious ceremony says until death us do part and NOTHING about divorce?
A. Good question - The US Constitution says in Amendment I
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Nowhere is it written that God gave authority over marriage to the state, "man". In fact the admonishment is "what God has joined let NO MAN PUT ASUNDER". I contend that religious ceremonies registered as such by the state license or civil ceremonies patterned on the religious ceremonies are of a sacred nature and are not under the jurisdiction of the secular government.
The Constitution upholds our rights to FREELY EXERCISE THE PRACTICE of our religious beliefs. The secular courts make that impossible therefore usurping the role of God in our religion. This is completely unacceptable and it could be argued that they are establishing a religion of the state by replacing our religious beliefs with their judicial orders and making impossible for us to practice our faith as we believe it should be practiced.
Q. Can we object and take our "grievance" to the court as the constitution guarantees?
A. NO! In one case the objecting spouse was court ordered that not one word could be said in defense of the marriage and NO experts would be allowed to defend either. Even though the entire suit was headed under the "IN RE: The Marriage of" not one word was allowed to address a defense for the actual item brought before the court. THE MARRIAGE OF!
There is an answer. It is for marriage to be examined by the original rules of the bible by a court in the Church that is specially trained in the original laws. These rulings are sacred and cannot be overturned by secular law. The secular court MUST honor what the religious "court" decides.
Unfortunately most denominations have adopted the opposite attitude and have abdicated the authority over the most sacred covenant of God that is marriage to the whims of whatever is going on in society at the time. Biblically this is historically outlined to bring judgment upon the nations and religious bodies who had the audacity to say what God puts together man CAN put asunder outside of Gods specific laws. Marriage Covenant between believers is instituted by God the Creator of the Universe and woe is it unto mankind to usurp that authority by letting the secular civil courts rule on what belongs to God.
Rev. S. L. Gardner
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