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RE: Legal union/versus Marriage - 5/31/2006 4:11:47 AM   
JohnWarren


Posts: 3807
Joined: 3/18/2005
From: Delray Beach, FL
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quote:

ORIGINAL: HarryVanWinkle

This logic doesn't work.  After all, who made man?


The mafia

_____________________________

www.lovingdominant.org

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RE: Legal union/versus Marriage - 5/31/2006 4:15:39 AM   
ArtCatDom


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Joined: 1/20/2005
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quote:

ORIGINAL: JohnWarren

quote:

ORIGINAL: HarryVanWinkle

This logic doesn't work.  After all, who made man?


The mafia


I thought it was a plot by those dastardly Masons!?

*meow*

(in reply to JohnWarren)
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RE: Legal union/versus Marriage - 5/31/2006 9:39:48 AM   
leakylee


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I don't know about most states, but I know that FL is a no fault state. They don't care. It doesn't matter. All you really have to say, is hey I want it. With the proper advertisement in a couple of papers, the other party doesn't have to be there. Poof it is all done and over. 

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I am so not right, that I left..

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RE: Legal union/versus Marriage - 5/31/2006 9:49:10 AM   
ArtCatDom


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Joined: 1/20/2005
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quote:

ORIGINAL: leakylee

I don't know about most states, but I know that FL is a no fault state. They don't care. It doesn't matter. All you really have to say, is hey I want it. With the proper advertisement in a couple of papers, the other party doesn't have to be there. Poof it is all done and over. 


That isn't what no-fault divorce is, but regardless Florida statutes and legal advice contradicts your claims. You must prove the marriage is "irretrievably broken" or that the other party is "mentally incapacitated". All it take is for the other party to deny the marriage is broken beyond repair to force a heavy proof of burden on the filing party.

You can find the appropriate references in the Florida legal code under Title VI, Chapter 61:
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0061/SEC052.HTM&Title=-%3E2005-%3ECh0061-%3ESection%20052#0061.052

You are correct though that in Florida it's still easier than most states. But even then, getting a divorce out of an unwilling party is ridiculously difficult.

*meow*

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RE: Legal union/versus Marriage - 5/31/2006 10:18:32 AM   
MistressLorelei


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Generally, in Florida, if there are no minor children involved, most judges consider 'irretrievably broken' to mean that if one party wants a divorce, they get it.  Irreconcilable differences, incompatibility, or irremediable breakdown of marriage are acceptable reasons for divorce... and if both parties do not agree that they want to be together, that would be an example of all the above.

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RE: Legal union/versus Marriage - 5/31/2006 10:20:54 AM   
pahunkboy


Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
Status: offline
I hate to comment on this when I havent read all the replies. My ex put it nicely- this issue is to drum up business for attorneys.

If john doe is giglly happy- it doesnt to happiness from me. No.

We havent heard about the mariage tax penalty lately. hmmmmmmmmmmmmmm.

Let the world be a happy place. Really. It takes nothing from YOU. It may even, teh vibes of well being rub off. If others are happy we will have a better sociiety.

Lately- I feel like- the hard right- wants a cultlike utupia before the Ammegadden-2 nd coming. speed it it.
Nevermind.

As for me.  I wouldnt marry anyone. Man or woman. I like my freedom.

(in reply to leakylee)
Profile   Post #: 66
RE: Legal union/versus Marriage - 5/31/2006 10:35:36 AM   
ArtCatDom


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Joined: 1/20/2005
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quote:

ORIGINAL: MistressLorelei

Generally, in Florida, if there are no minor children involved, most judges consider 'irretrievably broken' to mean that if one party wants a divorce, they get it.  Irreconcilable differences, incompatibility, or irremediable breakdown of marriage are acceptable reasons for divorce... and if both parties do not agree that they want to be together, that would be an example of all the above.


Maybe you or those you know have had an easier time of it than statute and the experiences of those I know would indicate. From what's been related to me, all the other party has to do is say the problems are able to be repaired for it to become a whole lot more complicated (in requiring the filing spouse to provide heavy evidence the marriage is beyond repair). It apparently becomes even more thorny if the opposing spouse says they want to enter marriage counseling because then the standard of evidence is not only that the marriage is utterly broken but that it is utterly beyond any hope of repair. Again, the experiences you may be familiar with may run counter to that, but that is what I am aware of through others' accounts of system and the state laws.

*meow*

(in reply to MistressLorelei)
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RE: Legal union/versus Marriage - 5/31/2006 11:57:26 AM   
GMRTGS


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Joined: 8/29/2005
Status: offline
I agree  with Archer and Pet wolfs comments. Sadly though until someone puts a case before the Supreme Court, we shall not be able to force the powers that be. The religious side, as as well the legal profession,  never will step up to the plate. A simple legal union contract among one or among others would create a binding and enforcable contract that should be renewed on a regular basis. A religioues based union based upon a civil or contract union I feel just enhances the relationship.Myself and my Wife are of different religions. we were married by her boss an attorney in a civil union. The house itself is filled with a very  diverse spiritual back grounds living under one roof .We live in harmony for the most part.The base foundation is solid  so it works. I see  at some point this  foundation of marriage being a moral and religious right, will come before the Court. We can only hope the Court rules based on the Constitution and not the extreme left or right, under the truest since of equality. Not political correctness. Just as we a community in the minority, must focus on being more tolerant and work together in forming a solid foundation.

(in reply to leakylee)
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RE: Legal union/versus Marriage - 6/1/2006 8:54:00 AM   
Lordandmaster


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Joined: 6/22/2004
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I'm kind of reluctant to bring this up, but we had the whole "Is marriage a contract?" discussion in a long thread last year that was pulled because someone (who is no longer on the site) went apeshit and started offending everyone.

The upshot of that discussion was that marriage is defined as a kind of contract in most traditional legal dictionaries and manuals, but that it's not really a contract, because ordinary contract law does not apply to marriages.  But if that opinion irrationally pisses someone off, or whatever, fine, take it or leave it, I don't really want to get into that one again.

(in reply to ArtCatDom)
Profile   Post #: 69
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