Divorce Help

[AdamisFree]

I am praying for some clarification and advice from this community. After 43 years of marriage, my mom has lost her mind and been overtaken by feminism. This radical change started about 10 years ago, she stopped sleeping in the same bed with my dad, refused any sexual relationships, and mostly refused any communication or contact with him unless she needed something that she couldn’t put on a credit card. My dad is, in my opinion, a good hearted person, and very hard-working, but he is a procrastinator, and would rather not deal with things in a timely manner, which is how we come to this point.

On November 2 my mom told my dad that she was going to stay with my sister and her husband for a couple of days to help her get her house in order, which she has done many times before. My dad thought nothing of this until she had been gone almost a week and all of a sudden he gets a text message that says she wants a divorce. Of course he was upset, but he asked her why, and she did not answer back. Also, for the past 10 years, she has refused to work at all, and is now trying to act like he wouldn’t let her work. She goes and hires the highest price divorce attorney around where we are and files for ex parte relief. My dad received an order from the court and a copy of her complaint on December 5.th, he did not inform me of any of this until around January 10. On the same day, out of the blue, he received another text message from her that was basically an offer for them to get divorced, and her to receive almost everything, and every dime he has to his name. She indicated that her attorney told her they should try and work it out between them before presenting it to the court.

I’m trying to keep this as short as possible, but this was my suggestion to my dad, who does not want a divorce, but understands that she is made up her mind.
I thought it would be a good path to go with article 1 section 10 of the constitution, which says “… No state shall make any law impeding the obligations of a contract“. In the Alabama law, it refers to marriage as a contract, a civil contract and also a compact. I was thinking we could notice the court that they may be in jeopardy of impeding the obligations of a contract and send an offer for the dissolution of a contract to my moms attorney.
If anyone has any thoughts on this or any suggestions, I would be eternally grateful. I want to help my dad not lose everything. He is worth for his entire life. He is a good dude and deserves to either be happy as a single man or find someone that loves him for who he is.

-Respectfully submitted,
Adam

[notmartha]

Sorry to hear the demise of your parents marriage.

The problem with what you suggest is that the marriage contract is 3 parties- husband, wife, State. Your dad gave State permission to mediate when he applied for and signed a marriage license.

If your mom is bound and determined to get a divorce, she can likely get a unilateral divorce, not needing your dad's permission. Don't know for sure about Alabama. In the end, that may not work out best for your dad, property wise.