Posted on 01/19/2005 9:51:40 AM PST by Mo1
It seems to me he broke the contract when he had an afair with another so I think a case can be made that Michael Schievo no longer has a legal basis and a Conflict which is a state of opposition between two parties.
It may be a moral case, but judges and courts and congress deal with the law, and in law you are married until a judge says you aren't.
SO9
I know Swerv. They just had to make that decision with Al's Sis. Ain't easy, and one of the kids fought it, but in her case cancer would have gotten her anyway.
Al least she was on tubes, but from what I read, Terry is not. It's a conundrum for sure.
But a contract is still a meeting of two minds and agreements if one goes to court and it is found that one of the parties have violated the agreement the contract can be broken.
Like I said I think a case could be MADE for a Divoice and because of a life or death issue she should be able to have a someone represent her in this matter!
DivorceFamily Law Handbook January 1999
http://www.smartmarriages.com/florida.handbook.html
Created by the Family Law Section of the Florida Bar
Things You Need to Know
Getting married is more than just pledging to live together until death (or divorce). It is more than agreeing to live away from your parents with another person. It is more than legal permission to have consensual sexual relations with your partner. Getting married is entering into a serious legal relationship that has many diverse consequences on your ownership of your money and possessions; the way you will raise your children; and the way you will relate to your partner. Because this is a serious legal action, the Florida Legislature requires that all persons getting married receive information about what getting married means. When people talk about what it means to be married and how they will handle their finances, children's issues, religious issues, work decisions and the like BEFORE they get married, they have a far greater ability to remain happily married throughout their lives.
This pamphlet is not designed to give individualized legal advice, but it is meant to tell you generally about the marriage contract and the marital relationship in accordance with the lows in effect through the summer of 1998. The lows dealing with the marital relationship ore constantly affected by changing statutes and by the entry of court decisions in the appellate courts of Florida. This area of the law has detail that changes on a weekly basis. If you have any questions, you ore advised to see a lawyer who has an understanding of family low issues BEFORE you get married.
MARRIAGE IS A LEGAL RELATIONSHIP
When two people marry they form both a social and on economic partnership. That partnership does not need to be renewed every year, as you would a car registration. Rather, it exists until either one party dies or the parties' marriage is dissolved (divorce). Because the State of Florida has on interest in protecting and maintaining its citizens and in protecting and advancing families, many laws exist that control what will happen to a person's estate when a person dies and that control the process of divorce. In order to dispose of a person's property after death, and in order to end a marriage, court actions may be required. Those actions, in large part, define and are controlled by Florida law.
Persons who are considering marriage may enter into a written agreement that will determine the economic issues between them should the marriage not survive or should one of them die. Generally, such "prenuptial agreements" may create a special contract between the parties that, if properly entered into after full disclosure of financial information by both parties and without undue pressure being applied by one party against the other, can structure the financial aspects of the parties' divorce. Although a party cannot agree not to receive child support, and cannot contract away temporary financial support during the pendency of an action, you and your spouse can agree, before you get married, to specific distribution plans for assets and liabilities and for specific spousal support (alimony) if the marriage does not work out. A lawyer who handles family law matters can discuss this with you and help you reach these types of agreements.
Even after a divorce, if things change, most types of alimony, child support, and parental responsibility issues may be modified by later court proceedings.
THE PROCESS FOR ENDING A MARRIAGE (DIVORCE)
In order to end a marriage, a person must obtain a final judgment from a circuit court dissolving the marriage. In that judgment, all property, support and child-related issues ordinarily will be determined. To obtain that judgment a person must file a petition to start a lawsuit, legally serve (notice) his or her spouse, provide and obtain financial information to and from his or her spouse, if children are involved, take a class, and either have an agreement prepared and brought to the court at an appropriately noticed final hearing or have a trial before a judicial officer at which evidence will be taken to allow the judicial officer to make decisions. A person is not required to have a lawyer to obtain a divorce. However, because this is a legal process with rules and procedures to be followed, it is advisable to obtain legal counsel.
To obtain a divorce, there must be a legally acceptable reason. There are two legally acceptable reasons in Florida. One is that one party has been declared legally incompetent for a period in excess of three years. The other is the more common basis ? that the marriage is "irretrievably broken." That means that there is nothing that the court can do (such as sending the couple to counseling) to induce the couple to reconcile. If there are children, and a person answers a petition for dissolution of marriage by denying that the marriage is irretrievably broken, then the court may order the parties to counseling and may delay the proceedings for up to three months to encourage and/or permit the parties an
opportunity to reconcile.
Once a petition for dissolution of marriage is filed, it must be legally served upon the other party. That party must then file a written answer with the court. Forms for dissolution of marriage proceedings are available, and many courts have self-help units to
assist people without lawyers in finding those forms.
There are specialized rules of procedure dealing with family courts, which are available at public libraries and law schools. Those rules require each party to provide the other with financial information within a certain number of days of the beginning of a case. Except in cases involving domestic violence, most courts will also require all couples to attend mediation sessions - which are settlement conferences with the assistance of a trained person who try to help couples achieve a settlement between themselves. If children are involved, all parties will be required to attend parenting classes, details of which are provided when the divorce action is filed. Some courts require the children to attend special classes as well.
Divorce proceedings are public proceedings, and the files are available at the courthouse for public review. Under certain limited circumstances, portions of the file may be sealed by order of the court.
While a divorce action is pending, a trial judge may enter orders dealing with support, possession or maintenance of any individual asset, where the child or children will live, the time the child or children will spend with each parent, and attorney's fees and costs.
divorce.net
http://www.divorcenet.com/states/florida/florida_grounds_for_divorce
That is what her parents tried in court twice. Then appealed their losing all the way to the US Supreme Court and lost every step of the way.
So9
we been talking about you ...
http://www.freerepublic.com/focus/chat/1323944/replies?c=6490
Swerv, can you answer a question for me? What is the excuse that Micheal has given or has for not giving her a divorce years ago? He had another woman with kids by her. Have you seen that answer anywhere?
I know her family tried for the divorce, but how come he didn't?
I've been wandering around..
Oh..was reading the other thread. Did I miss the answer to my question somewhere in there?
Thank you.....how sad it truely a silent scream......for many are in this day and age truely being forsaken!
Yessssssss...I saw that earlier, but haven't had a chance to respond.
He's quite an artist, and thank you for the link in Fmail. I have it booked. ;)
I've been baking and cooking for two days, (yes, playing too when I got the chance). I am still having a problem with my new keyboard. Not typing to freely with it yet..growl...and groan.
LOL...there's something new in that statement? sheeeeeeeesh..
Well.. yes.
It's in WHERE I've been wandering.
;-)
I, for one, wouldn't dare ask..lol.
Okay..
;-)
*chuckle*
Each case is so speical and difficult it Cancer over running the body it is only fair to let one off of life support and than I agree with So9 also give morphine etc. to help ease the way!
The only explanation I have heard is that while he has started a new life he still cares for her and feels like he owes her a duty to see that her wishes are carried out.
In that situation I would probably do the same.
So9
It's not always "all about you"...lol. ;) Just cause it looks like you..............
Hmmmmmmmmmmm... personally I think he's FOS. I don't know much, but I'm not too fond of him. Me thinks he protests too much. ;)
LOL!
Thankfully!
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