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I know that this topic is about family preservation so this issue may be in the wrong spot but we are dealing with a problem here that I'm not sure where to go to find out what to do. My daughter got married using the marriage book available on this site except that I believe it may have required a “divorce contingency”. I'm not sure as it was a while back and we lost our computer with everything on it to a fire last year. Not having a divorce agreement was a mistake but she did not want to get divorced. Her husband has deserted her and the children quite a while ago and after trying to reconcile or come to an agreement with him he called today and told her he wanted a divorce. Can anyone tell me where I can find out how to take care of this matter? Thanks so much.
This matter can be settled in any civil court in your state using the contract that comes with the book, or whatever version the two parties eventually settled on. No divorce agreement is needed if the contract in the book is followed. Rather, the matter is settled in civil court rather than family court as a matter of contract, rather than under the family code of the state involved.
If the parties didn't keep multiple copies of the agreement, some of which would be offsite (so they can't be destroyed in fire), they may have created a problem for themselves. If the agreement was destroyed by fire or the parties didn't do the agreement required in the book, then the matter can only be settled in a family court, which is the default court for settling such matters.
"Two things I request of You (Deprive me not before I die): Remove falsehood and lies far from me; Give me neither poverty nor riches— Feed me with the food allotted to me; Lest I be full and deny You, And say, “Who is the Lord?” Or lest I be poor and steal, And profane the name of my God."
[Prov. 30:7-9, Bible, NKJV]Just be aware that family courts are usually “inferior” courts, or a court NOT of record. Thus, one should appeal any unfavorable decision to a court of record. One should check their state constitution for this information under the judiciary section. In the Constitution of the Commonwealth of Pennsylvania states,
Quote:Right of AppealSection 9. There shall be a right of appeal in all cases to a court of record from a court not of record; and there shall also be a right of appeal from a court of record or from an administrative agency of a court of record or to an appellate court, the selection of such court to be as provided by law; and there shall be such other rights of appeal as may be provided by law.
As you see, people need to get, or stay out of, these Eugenics Courts. Family courts are filled with demon spawn, if they don’t permit juries, they are NOT Courts of Record.
http://www.youtube.com/watch?feature=player_embedded&v=oJjgOjq5uso#!
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