tag:blogger.com,1999:blog-2447438783001404385.post3986738451924006124..comments2024-03-28T14:23:13.912-05:00Comments on Jackson Jambalaya: Our divorce laws suck. They really do. Kingfishhttp://www.blogger.com/profile/06184990110961727404noreply@blogger.comBlogger62125tag:blogger.com,1999:blog-2447438783001404385.post-26666653747083689752017-06-06T13:06:57.750-05:002017-06-06T13:06:57.750-05:00And people wonder why Putin feels like he has the ...And people wonder why Putin feels like he has the right to criticize our human right record!<br />You can abuse your wife with impunity in Mississippi and then simply refuse to give her a divorce while the courts sanction this kind of behavior.<br />How many more women need be abused, how many more children abused? Mississippi “family values” …<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-43988692518624023402017-06-05T15:52:44.186-05:002017-06-05T15:52:44.186-05:00Thompson said he supports Mississippi creating a &...Thompson said he supports Mississippi creating a "no-fault" ground for divorce. South Dakota is the only other state without such a ground. He said opposition to this change, from those saying it will weaken the sanctity of marriage and increase divorces, is misguided. In practice, Mississippi's lack of a no-fault ground allows one spouse to hold up a divorce, sometimes for years.<br />"The idea behind making it difficult to get a divorce is that Mississippi is promoting marriage," Thompson said. "But when you go 10 years and it costs tens of thousands of dollars — those aren't intact families trying to get back together. <br />http://www.clarionledger.com/story/news/politics/2017/06/02/protecting-families-prolonging-misery/363504001/<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-58699097983475512842017-04-07T09:10:27.631-05:002017-04-07T09:10:27.631-05:00The MS marrige law has became a cruel joke...The MS marrige law has became a cruel joke...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-91729844903822931162017-03-02T06:34:45.327-06:002017-03-02T06:34:45.327-06:00My favorite:So; ..."We have made it easy and ...My favorite:So; ..."We have made it easy and acceptable for two men with nipple rings to marry each other and order a cake but we have made it next to impossible for two heterosexual people of the opposite sex to dissolve a marriage, in many cases".<br />http://www.usatoday.com/story/news/politics/2017/02/20/no-fault-divorce-mississippi/98153328/ <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-45368820668418252922017-02-27T16:26:55.640-06:002017-02-27T16:26:55.640-06:00Fundamentalism has many forms, but the victims usu...Fundamentalism has many forms, but the victims usually remain the same.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-18729336148165953392017-02-26T13:08:13.122-06:002017-02-26T13:08:13.122-06:00This story is not pretty, but unfortunately all to...This story is not pretty, but unfortunately all too real due to Mississippi statutes which unlike other states, has no "no fault" divorce rules - a situation which short of proved insanity or mental incompetence, allows a husband or wife to deny a simple divorce. Normally "incompatibility" or violent behavior would be sufficient grounds to separate and provide stability to families as well as protection from sexual or other forms of abuse, but not in Mississippi. Due process in the interest of protecting children and spouses in Mississippi can be blocked by simply contesting or denying grounds for divorce. This allows for an abusive or mentally ill spouse to avoid reality and financial responsibility and thus perpetuate sexual or physical abuse for years at the expense of familial stability and most importantly, the protection of the children involved. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-61965880689079597222017-02-26T12:58:29.336-06:002017-02-26T12:58:29.336-06:00I suspect some legislators oppose any changes beca...I suspect some legislators oppose any changes because they don't want to make it easier for their wives to leave them. Kingfishhttps://www.blogger.com/profile/06184990110961727404noreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-14414325310924880182017-02-26T12:53:25.024-06:002017-02-26T12:53:25.024-06:00Politics aside, there are several no fault divorce...Politics aside, there are several no fault divorce and victims advocacy groups who can attest to the continuation of spousal and sexual abuse in Mississippi. Women without children routinely flee the state and resettle elsewhere; however, countless women with children are condemned to abuse and denied true process of law in Mississippi should their partner wish to contest the request for divorce. How many children have to suffer, how many women must be beaten, raped in the name of "family values"?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-2406686033988318222017-02-26T12:31:38.471-06:002017-02-26T12:31:38.471-06:00Leeza Freels story is not an isolated event. Hundr...Leeza Freels story is not an isolated event. Hundreds, if not thousands, of Mississippi families remain in a suspended state of dysfunction because one spouse has the power to keep a marriage alive even when the other spouse wants and in many cases, desperately needs, out. This creates an atmosphere that enables abuse and prevents women and children from achieving economic and social independence.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-86090573682182514252017-02-26T12:17:02.075-06:002017-02-26T12:17:02.075-06:00http://library.findlaw.com/2000/Aug/1/129222.html
...http://library.findlaw.com/2000/Aug/1/129222.html<br />7. HABITUAL CRUEL AND INHUMAN TREATMENT--The charge of cruel and inhuman treatment against one spouse means something more than unkindness or rudeness or mere imcompatability or want of affection. "The conduct of the offending spouse must be so unkind as to be cruel, that is, so unreasonably harsh and severe as to be inhumane, so lacking in human qualities, so unfeeling or brutal as to endanger, or put one in reasonable apprehension of danger to life, limb or health. And finally, such conduct must be habitual, that is, done so often, or continued so long, that its recurrence may be reasonably expected whenever occasion or opportunity presents itself." "On the other hand, habitual ill-founded accusations, threats and malicious sarcasm, insults and verbal abuse may cause such mental suffering as to destroy health and endanger the life of an innocent spouse."<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-27382413998929253452017-02-26T11:59:37.065-06:002017-02-26T11:59:37.065-06:00Julie Freels, Stanford University:
"Treating ...<br />Julie Freels, Stanford University:<br />"Treating marriage like cheap junk is better than treating it like a prison sentence".<br />http://www.usatoday.com/story/news/politics/2017/02/20/no-fault-divorce-mississippi/98153328/Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-4164746138744847682017-02-26T10:14:31.768-06:002017-02-26T10:14:31.768-06:00http://mississippilawjournal.org/wp-content/upload...http://mississippilawjournal.org/wp-content/uploads/2014/11/Bell_82MissLJSupra131.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-3942608338196410092017-02-25T16:19:29.787-06:002017-02-25T16:19:29.787-06:00CONTINUED FROM PRECEDING POST
Also, states that h...CONTINUED FROM PRECEDING POST<br /><br />Also, states that have no-fault divorce have higher divorce rates. Thus, much of the so-called savings from no-fault divorce are consumed by the additional litigation expense and societal cost of more divorces. Id.<br /><br />Notice that Leeza Freels got her divorce not because she moved to Oregon (her husband could have contested jurisdiction there), but because their youngest daughter had graduated and gone off to college. (FYI, she graduated with honors from Madison Central and is on a full scholarship at Stanford University in Stanford California.) Thus, David Freels chose to no longer oppose Leeza Freel’s complaint for divorce. <br /><br />Meanwhile, even the CL admitted that the other victim described (called Amy Smith) is now living in the couple’s home with their children. That is because it is my understanding she filed suit and threatened asking for a “temporary hearing.” If half the facts the CL presents are true, it was clear that in any “temporary hearing.” Amy Smith was going to get that house, the children and some financial support. Consequently, her husband voluntarily moved out and it also my understanding that he agreed to pay child support and alimony. <br /><br />Having no-fault divorce on the books did not accomplish this result and moreover, unless one thinks it will magically turn bad spouses into good ones, it never will. It was the current law that got Amy Smith the house, children and support. The CL’s implication that no-fault divorce must be adopted to get this result is obviously no true according to the CL’s own statement of facts. <br /><br />3. To the extent there is a problem, the solution is to make assault a specific statutory basis for divorce. That makes the standard clear. While physical abuse already is a ground for divorce under the “habitual cruel and inhuman treatment” provision, as many commenters above point out, it is inconsistently applied. What is “habitual”? How many incidents of assault are required? Over what period of time causing what degree/type of injury must be proven? My experience is that there is a great deal of inconsistency judge-to-judge. And where there is inconsistency, judges can play political games. As a member of the profession, at least in chancery court where judges serve as judge and jury (ie, “the finder of fact”), politics interferes with the process far too often.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-31882807710966475932017-02-25T16:18:36.743-06:002017-02-25T16:18:36.743-06:00There are many good reasons to oppose no-fault div...There are many good reasons to oppose no-fault divorce. Here are a few.<br /><br />1. In Mississippi, the risk of a parent with primary physical custody moving away from the State and taking the couple’s children with that parent (usually the mother) is huge. Unlike nearly every other state in America, a parent with Mississippi primary physical custody has the right to take his/her child ANYWHERE IN THE WORLD and the parent with visitation can’t do anything to stop it. The Mississippi Court of Appeals affirmed this doctrine in Lambert v. Lambert, 872 So.2d 679, (Miss. Ct. App. 2003), stating:<br /> <br /> "The appellate courts have repeatedly held that the mere moving of one party or the other is insufficient grounds for modification of child custody. Cooley v. Cooley, 574 So.2d 694, 699 (Miss. 1991) (frequent moves within a short period of time, including move to Japan, insufficient to warrant change in custody) (overruled on other grounds); Spain v. Holland, 483 So.2d 318, 321 (Miss. 1986) (move to England does not require change in custody); Pearson v. Pearson, 458 So.2d 711, 713 (Miss. 1984) (move to Hawaii no per se basis for interfering in custody); Brocato v. Walker, 220 So.2d 340, 344 (Miss. 1969) [(]600 mile move to San Antonio, Texas, not a material change in circumstances). <br /><br />Lambert at 685. Thus, Mississippi's current rule that its courts are powerless to prevent a parent relocating Mississippi children to Hawaii, England or even Japan a world away from the parent remaining in Mississippi is ridiculous. Before no-fault divorce is adopted in Mississippi, either joint custody needs to become the default custody (which at least requires a hearing before a parent can move children away from our state) or Mississippi’s antiquated and unusual rule for primary physical custody needs to be changed first. <br /><br />2. No fault divorce would not lead to the result implied by the Clarion Ledger article. Where there are minor children, the expense and uncertainty of litigation (including issues of fault) just shift to the child custody determination. See e.g., “Should No-fault Divorce be Abolished?” by Tom James, 09/07/2014, at http://tomjameslaw.com/blog/should-no-fault-divorce-be-abolished/ ; “Five Myths About No Fault Divorce” by Stephen Baskerville, Catholic News Agency, January 2015, http://www.catholicnewsagency.com/resources/life-and-family/marriage/five-myths-about-no-fault-divorce/ . (CONTINUED IN NEXT POST)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-6971483908471634032017-02-23T23:49:33.111-06:002017-02-23T23:49:33.111-06:00Local lawyers charge abuse victims and others in d...Local lawyers charge abuse victims and others in domestic scenarios 250 bucks an hour and above that for what is actually easy work. $3000 or $5000 or $10,000 retainer...The law in Mississippi has been translated by the ones getting rich from the hardship of others. The law of our State is actually OK...Domestic law is big business. Our perceptions of domestic law are colored by what we pay and what we get and what we see. Hire a good lawyer.Anonymoushttps://www.blogger.com/profile/10100933482717485096noreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-1088815157070742202017-02-23T10:20:18.424-06:002017-02-23T10:20:18.424-06:00Judges have a thousand ways to rig a legal proceed...Judges have a thousand ways to rig a legal proceeding, to benefit rich part of the trial; because, we are not in the Hollywood movie there judges in courts are like kind uncles, smiling and being wise and calmly dispensing justice. The sad reality of Mississippi is an antique marriage law manipulated by trust funded malignant narcissists.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-78575465902972845952017-02-22T20:33:32.002-06:002017-02-22T20:33:32.002-06:00.just write the check and move on (or not if you’r....just write the check and move on (or not if you’re feeling vindictive).<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-7295090904959269542017-02-22T13:10:25.107-06:002017-02-22T13:10:25.107-06:00Yep, it’s sure a nasty situation and the women and...Yep, it’s sure a nasty situation and the women and children do the suffering in the name of family values. But wait, Donald will make everything great again … Ooops, just forgot that - oh so very Christian pres has done the pre-nup loop three times already. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-75163818934671558582017-02-22T12:26:42.255-06:002017-02-22T12:26:42.255-06:00to 9;34.........maybe you should run for political...to 9;34.........maybe you should run for political office and create a few government programs to "fix" those horrible problems you love to rant about.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-367093199497760972017-02-22T12:06:54.614-06:002017-02-22T12:06:54.614-06:00this blog is full of whiney little southern gentry...this blog is full of whiney little southern gentry who blame everyone but themselves for their current state of misery. these same people will, once they get their divorce, simply run right back out there and find a knock-off of their first spouse and get married again. here they love to ride the merry-go-round. enjoy yourselves.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-61114773475553207752017-02-22T12:06:15.674-06:002017-02-22T12:06:15.674-06:00this blog is full of whiney little southern gentry...this blog is full of whiney little southern gentry who blame everyone but themselves for their current state of misery. these same people will, once they get their divorce, simply run right back out there and find a knock-off of their first spouse and get married again. here they love to ride the merry-go-round. enjoy yourselves.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-42709357915892143542017-02-22T12:03:49.353-06:002017-02-22T12:03:49.353-06:00this blog is full of whiney little southern gentry...this blog is full of whiney little southern gentry who blame everyone but themselves for their current state of misery. these same people will, once they get their divorce, simply run right back out there and find a knock-off of their first spouse and get married again. here they love to ride the merry-go-round. enjoy yourselves.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-85050350931759513562017-02-22T11:54:32.819-06:002017-02-22T11:54:32.819-06:00to 9:34......you love to tell horror stories don&#...to 9:34......you love to tell horror stories don't you .i can only assume that you are referring to spouses when you mention"a woman beat into submission" or "a man emotionally devastated ". when you start to complain about your spouse, YOU are the one that picked him or her out to marry. strap that one on drama queen/king.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-31074780439901765452017-02-22T10:02:41.967-06:002017-02-22T10:02:41.967-06:00This comment has been removed by the author.Kent Dearhttps://www.blogger.com/profile/17182121445440875494noreply@blogger.comtag:blogger.com,1999:blog-2447438783001404385.post-13579844763609356622017-02-22T09:37:21.456-06:002017-02-22T09:37:21.456-06:00The hagiography of “Southern gentlemen” has almost...The hagiography of “Southern gentlemen” has almost nothing to do with the reality of nut living in the spider’s web of conspiracy, where he can “play” at being Father. Importing wife was lead into a pre-vented trap of mysoginistic man-cave of patriarchal and religious fundamentalism oppression, there her experienced a moral humiliation and bullying, physical, sexual abuse and forcible rape, racism and chauvinism, constant and widespread suppression her as a persons, limitation of her freedom and rough violation of her human right.Anonymousnoreply@blogger.com