Is pressure put onto those in my situation because Ohio legislators don't want trial lawyers and the judges to have to prove grounds for divorce?
With the present system judges are faced with conflicting interests: 1) doing what's best for their career, vs. 2) spending time determining by law if grounds for divorce are met which would protect an innocent spouse and preserve an intact family for children.
* * * * *
Why did they allow couples to agree
to terminate their own marriage?
Originally, I thought the concept of
quick-and-easy
divorce was implemented because if both parties wanted to terminate
their
marriage contract, they didn't want to be forced to go through the
expense
and trouble of proving somebody was guilty of something. It was a
simpler if they could just shake hands and walk to the court together.
In 1974, "the legislature passed a law
providing for voluntary Dissolution of Marriage, a procedure
whereby the parties may, by agreement,
request the termination of their marriage without stating grounds.
In addition, the ground of living separate
and apart without cohabitation for a period of one year was added to
the
list of traditional grounds for divorce, providing an avenue for
traditional
divorce on non-adversarial grounds."
I was told by a local attorney that no-fault divorces came about partly for that reason, but also because the court systems were bogged down with a whole bunch of "he-done-me-wrong", and "she-done-me-wrong" testimony that was unprovable and bears no legal relationship to the job the court has to do which is to divide assets, liabilities, allocate support and parental rights and responsibilities. I'm told that there is a vast misconception that fault was relevant factor, for example, in dividing property and it is not a relevant factor for dividing property.
If it's the courts job to divide
families'
finances and children, who's job is it to protect children and innocent
spouses? If in Ohio, grounds for divorce have any meaning -
someone
needs to take responsibility to determine if the grounds are met.
Instead, the current system presumes divorce.
They force divorce penalties before
they establish facts and ignore law's one year waiting period.
When a spouse abandons his own home and
petitions for a divorce, one of the first things the court does is
forcibly
order the children to be removed from their home to visit the adverse
party.
This happens even if the innocent party is living at home with the
children,
longing for their spouse to return and reconcile. The court can
also
order an innocent spouse be kicked out of his/her own home because the
complaining spouse states that she/he doesn't want to be annoyed.
Does upholding one's marital contract place an innocent parent at such
risks? Is it better to not marry at all? Do people just
living
together face such risks?
If law requires a one year waiting
period
3105.01(J) before spouses can get divorced if they don't satisfy the
other
grounds for divorce, with what authority does the court order my
children
to live like a divorced family ASAP? If I hire an electrician to
do a job in my home, and our contract states he has one year to finish
the job, would the court allow me to sue him for botching the job
before
the year was complete? Would they start fining the accused
electrician
thousands of dollars and require him to hire an attorney to defend
himself?
Of course not. Human nature is such that some times people need
time
to settle down and rethink what they are doing. No one can know
if
my husband and I will reconcile during the year after he moved
out.
My kids want to spend time with Daddy at home too, and have both of us
available to provide the support and affection that children want from
either parent on any given day. By forcing me to make my kids
conform
to a visitation schedule where they leave home, rather than just
letting
human nature take it's course, the court is denying our family the one
year waiting period required by law.
Judges are in a precarious position.
Anything they can do to move cases
through quickly will help increase their chances for career
advancement.
The Ohio Supreme court keeps statistics on how many cases each judge
has,
and how quickly each judge moves cases through the system.
If a judge is deemed inefficient, in future judicial elections, his
opponent
can publicize how he's been reprimanded by the Ohio Supreme Court.
The judge who's faced with a auto accident law suit, who has to determine how much money a reckless driver should pay for damages to a property owner has a much simpler job that the judge who has to decide the future of children in a home where one spouse is asking for a divorce. Maybe that's why the whole system wants to avoid trying to prove if grounds for divorce even exist. Are they deliberately avoiding proving grounds by assuming the Ohio legislators want to grant divorces to everyone who's lost interest in upholding their marriage contract; thinking "We'll ignore the statute that says abandoning one's family is an adverse behavior; we'll reward you for your adverse behavior so long as no-one ever asks us to prove anything; we'll kick your annoying spouse out of your home; or if you've already moved out, we'll force your kids out of their own home; we'll ignore the law that gives us the power to send you to 'relationship rehab"; and oh, and by the way, sorry about your kids broken hearts?"