|
|
Joined: Apr 2003
Posts: 1,099
Top Banana
|
OP
Top Banana
Joined: Apr 2003
Posts: 1,099 |
Thanks for the tips, everybody!  You gave me lots of reading material and lots of food for thought. Now, I started reading the websites you pointed me to, and something occurs. If my character wants to get a fault-divorce, say, her soon-to-be-ex-husband tried to throw her over the balcony of their penthouse (sorry for stealing your example, Sheila  ), and he's caught red-handed (say, Superman sees him - is Superman's word enough to prove it actually?), is that ground enough for a fault divorce? And if so, how long would it take to proceed, assuming the soon-to-be-ex-husband fights to stay married to my unnamed character? Kaethel (who has a long way to go to arrive to that part of the story, but wants to be prepared...)
- I'm your partner. I'm your friend.
- Is that what we are?
- Oh, you know what? I don't know what we are. We kiss and then we never talk about it. We nearly die frozen in each other's arms, but we never talk about it, so no, I got no clue what we are.
~ Rick Castle and Kate Beckett ~ Knockout ~
|
|
|
|
Joined: Apr 2003
Posts: 1,587
Merriwether
|
|
Merriwether
Joined: Apr 2003
Posts: 1,587 |
Fault-divorces can only be obtained in some states , and the laws vary from state to state. New Troy, of course, has whatever laws you like.  Attempted murder is clearly cruel and abusive treatment . This looks relevant. So does this. If my character wants to get a fault-divorce, say, her soon-to-be-ex-husband tried to throw her over the balcony of their penthouse (sorry for stealing your example, Sheila ), and he's caught red-handed (say, Superman sees him - is Superman's word enough to prove it actually?), is that ground enough for a fault divorce? IANAL, and I don't know very much about at-fault divorces, but I would think yes to both. And if so, how long would it take to proceed, assuming the soon-to-be-ex-husband fights to stay married to my unnamed character? It could take quite a while. It takes months to schedule even preliminary hearings in most jurisdictions. And whether the judge would grant a divorce immediately or require a full hearing (several months later) . . . well, I'd guess that it depends a LOT on the individual judge, and to some degree on state law and precedent. Keep in mind, most states require the petitioner to have lived in that state for a minimum time period (generally several months) and divorce laws are completely different in other countries. If that's relevant . . . *whistles innocently*
Do you know the most surprising thing about divorce? It doesn't actually kill you, like a bullet to the heart or a head-on car wreck. It should. When someone you've promised to cherish till death do you part says, "I never loved you," it should kill you instantly.
- Under the Tuscan Sun
|
|
|
|
Joined: Apr 2003
Posts: 3,454
Pulitzer
|
|
Pulitzer
Joined: Apr 2003
Posts: 3,454 |
But, Kae, ML's point about fault-divorces still applies. If this would take longer - which it would - why would she bother? Which is more important? To be free, or to prove yet more heinous crimes against her husband?  Wendy
Just a fly-by! *waves*
|
|
|
|
Joined: Apr 2003
Posts: 1,587
Merriwether
|
|
Merriwether
Joined: Apr 2003
Posts: 1,587 |
Timing depends on the state. So do the requirements for "no-fault." Some states require a separation of a year before a "no-fault" divorce will be granted.
Do you know the most surprising thing about divorce? It doesn't actually kill you, like a bullet to the heart or a head-on car wreck. It should. When someone you've promised to cherish till death do you part says, "I never loved you," it should kill you instantly.
- Under the Tuscan Sun
|
|
|
|
Joined: Apr 2003
Posts: 3,454
Pulitzer
|
|
Pulitzer
Joined: Apr 2003
Posts: 3,454 |
Yeah, but 'quickie' no-fault divorces are still possible if 'the character' goes to Nevada, say, and stays there for six weeks. Bingo - she's free. Go for a 'fault' divorce and it's all tied up with lawyers and courts for months, maybe a lot longer. If the issue is violence, attempted murder, whatever, far better to let the police deal with it and get your quickie divorce quietly on the side. Just IMO! Wendy
Just a fly-by! *waves*
|
|
|
|
Joined: Apr 2003
Posts: 1,587
Merriwether
|
|
Merriwether
Joined: Apr 2003
Posts: 1,587 |
 I'll keep that in mind.
Do you know the most surprising thing about divorce? It doesn't actually kill you, like a bullet to the heart or a head-on car wreck. It should. When someone you've promised to cherish till death do you part says, "I never loved you," it should kill you instantly.
- Under the Tuscan Sun
|
|
|
|
Joined: Apr 2003
Posts: 1,099
Top Banana
|
|
OP
Top Banana
Joined: Apr 2003
Posts: 1,099 |
Oh yeah. But I want to explore all possibilities so I make a conscious choice and am sure that the whole thing works in context. Kaethel (who is no closer to deciding how her unnamed character will deal with her divorce...)
- I'm your partner. I'm your friend.
- Is that what we are?
- Oh, you know what? I don't know what we are. We kiss and then we never talk about it. We nearly die frozen in each other's arms, but we never talk about it, so no, I got no clue what we are.
~ Rick Castle and Kate Beckett ~ Knockout ~
|
|
|
|
