Sunday, September 12, 2004

Most marital gripes should be irrelevant

I don't quite understand why the family court experts bother listening to gripes about behavior between the (estranged) husband and wife.

Suppose that I had regularly beaten my wife black and blue, without provocation. My wife might have reason to file a police complaint, or maybe ask a judge for a restraining order. But it would not be relevant to a divorce hearing, because California has no-fault divorce, and it would not be relevant to a custody hearing, because the allegations do not involve the kids.

Eg, the questionaire for the family court investigation has a checkbox for "Refusing to let you leave a room or place where you live". My wife checked that item, and gave only this justification: "standing in doorways refusing to budge".

I don't remember ever blocking a doorway. My house has multiple exits, so that would not have stopped her anyway. But what if it is true? Is the court psychologist supposed to remedy this alleged injustice by giving my wife custody of the kids?

My wife's lawyer advised her to make an assortment of wacky allegations against me, so I can only assume that the court psychologists, when they do child custody evaluations, do indeed modify their recommendations in order to mete out their own personal system of rewards and punishments. They aren't acting in the best interests of the children, but trying to act as judge and jury over who was a better spouse during the marriage.

If no-fault divorce really meant what it was supposed to mean, then the family courts would refuse to listen to petty and unproven charges. All it really means is that the court ignores my wife's adultery.


Masculiste said...

Your's is a great site...Welcome.

The hustle or 'gaff' is that 'intolerable cruelty,' which is a fault standard of divorce, is routinely placed in the mix of a no-fault action.

It shouldn't be, because it's a specifically seperate type of divorce action that requires a burdon of least clear and convincing...but once mixed into no-fault, it alleges without ever having to prove anything.

As a result, the allegations are taken on their face without the accused even realizing that he HAS been accused.
Because this, in turn, results in a red flag case. From that time on the accused is audited, background checked, attached, seized, restrained or otherwise forcibly estranged from their kids. Basically bagged and tagged.

The courts benefit by attaching the accused's name to a list that is included in tens of millions of other names that were aquired the exact same way, and forwarded back to the federal government to assess federal to state revenue or 'state aid.'

Moreover the accused is forced to feed the system by having to hire counsel and fight for rights that he's not sure about because, usually his lawyer is a sell-out, take-the-money-and-run weasel. So he finds that he has to retain new counsel as a further result. Maybe on as much as several occassions. Whatever differences in what to do that might occur between the accused and his lawyer, might include not neccessarily wanting to give the accuser everything she wants, and the lawyer trying to tell you, the accused, that you should.

And every single lawyer, judge and clerk in the courtroom knows that this is true. Because it's the courts that directly facilitate the just could not occur without the court's facillitation and complicity. And that's what this is...a sophisticated form of on-going government fraud and corruption. Because if you think about it with some common sense...even a layman knows that the system should not being creating profitable industries on the backs of human misery. And divorce is one helluva profitable industry.

George said...

Yes, the divorce industry is extremely profitable, and it is fueled, in part, by phony domestic violence accusations. Thanks for your comments.