Posted on 02/28/2005 1:47:24 PM PST by TAdams8591
VICKIE CHACHERE
Associated Press
TAMPA, Fla. - Terri Schiavo's parents asked a Pinellas court judge Monday to allow her to divorce her husband - in either life or death - in a court filing accusing Michael Schiavo of adultery and not acting in his wife's best interests.
The filing was one of a flurry of 15 motions filed by Bob and Mary Schindler as they now have less than three weeks to find a legal way to keep their severely brain-damaged daughter alive.
Terri Schiavo is scheduled to have the feeding tube that has kept her alive for 15 years removed March 18 unless her parents can convince an appeals court to block Michael Schiavo again. Michael Schiavo says he will have the tube pulled because his wife once told him she would never want to be kept alive artificially.
David Gibbs, the Schindler's attorney, said Pinellas Circuit Court Judge George Greer has indicated he will not hear the divorce request and five other motions filed Monday - but that only means that the matters are now on their way to being appealed to the 2nd District Court of Appeal in Lakeland........
Terri Schiavo's parents ask judge to let her divorce husband
(Excerpt) Read more at miami.com ...
Sorry Polly, I meant to respond to the person you responded to.
If Michael gets to pull Terri's feeding tube, do me a favor and forgo food and water until she finally dies. Then let's see who's asking for "help". Terri is not only alive, but she is aware as well...no thanks to her "husband" and his helpers. If she didn't want to live, she would have died by now. She's a tough cookie :)
It's more than media reports that we read. You should go back and read all the information before you start going off on judicial procedures, or the lack thereof.
No, acutally I meant to respond to someone else. I click the wrong link. SORRY!!!!
get ur dun. where do F.R. bloopers go anyway?
What source documents do you have?
The 2004 Florida Statutes
Title XLVI
CRIMES Chapter 798
ADULTERY; COHABITATION View Entire Chapter
798.01 Living in open adultery.--Whoever lives in an open state of adultery shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Where either of the parties living in an open state of adultery is married, both parties so living shall be deemed to be guilty of the offense provided for in this section.
History.--s. 1, ch. 1986, 1874; RS 2595; GS 3518; RGS 5406; CGL 7549; s. 772, ch. 71-136.
The 2004 Florida Statutes
Title XLVI
CRIMES Chapter 798
ADULTERY; COHABITATION View Entire Chapter
798.02 Lewd and lascivious behavior.--If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.--s. 6, ch. 1637, 1868; RS 2596; GS 3519; RGS 5407; CGL 7550; s. 773, ch. 71-136.
Copyright © 1995-2005 The Florida Legislature • Privacy Statement • Contact Us
I mean to clarify what I just wrote:
All states have no-fault statutes, BUT
many states including Virginia and Texas still
have fault laws/statutes. Thus, you may file
for a divorce in those states, but you don't have to
accuse someone. But, if you can accuse someone, and
have proof, you can choose the fault option too.
California for example, is strictly no fault/irreconcilable differences. If you have proof of
fault the only bearing on the divorice is if marital assets were used to further the adultery OR the children are exposed to something.
I can't say what Terri would want in this situation. And neither can you.
Common Law divorce? :)
Thank you, thank you, thank you!!!!!!!!
I think you mean he is a bigamist and guilty of bigamy.
This concept was posted earlier this month, but went nowhere because Florida does not have a "common-law" or bigamy statute. Only adultery.
sp
You should go pass the Florida Bar before you start opining on what a judge can and can't do.
Stick around this week on all the Terri threads. We are going to have OUR WORK CUT OUT FOR US after the 2nd DCA turns down the latest appeals from brilliant Attorney Gibbs.
PLEASE STAND BY... Thanks, FV
I don't know about divorces by proxy, and I have not
said anything about divorce by proxy in this thread.
I'm so disgusted with the family's totally inept lawyers. Blind Judge Greer is dancing circles around them.
You should apply that logic to this judge. There's no evidence that she's ever said that she wants to die, but the judge has presumed that for her. It's not necessarily a leap for him to assume she wants a divorce.
You don't believe the evidence. That is quite different than "there is no evidence."
That is not the point. The point is that common sense would rule here.
Terri would most certainly dump that SOB if she knew.
YOU ARE MISSING THE BIG PICTURE. SHE IS PREVENTED FROM GETTING THERAPIES TO PROMOTE A QUALITY OF LIFE. SHE IS ISOLATED IN A PLACE WHERE PEOPLE GO TO DIE AND HAS BEEN FOR YEARS....SHE IS PREVENTED FROM HAVING A RIGHT TO KNOW ANYTHING. SOMEONE ELSE WHO HAS DECEIVED HER IN EVERY WAY IS MAKING THE DECISION TO KILL HER.
If you don't see anything wrong with that...I feel sorry for any children you have or might have as you have no moral compass.
You have been advocating it repeatedly. Can't you at least be honest about what you are seeking?
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