Divorce Situation

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LawOfLiberty
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Divorce Situation

Post by LawOfLiberty » Tue Feb 27, 2018 9:31 am

Greetings Lawful Pathers,

It has been too long since I've been on the forum. It's probably been a few years. I am seeking counsel for a particular personal situation that has come up over the past few months.

A quick background for this situation:

1. My wife and I were joined in "marriage" with the "State" back in 1987. Meaning, we have a "marriage license". Neither of us knew or understood the implications of doing that, e.g. the "State" being the primary "partner" until more recently.

NOTE: Early in our "marriage" my wife had an affair with a friend of mine when I was in the U.S. Navy. It was a one-time thing, albeit, a serious breaking of our vows. She confessed this to me months later, and I forgave her and we moved forward with our lives together.

2. By Yah's grace, he has given us three offspring. Two sons (adults now) and a daughter (still a minor).

3. Over the past few years Yahweh has been opening my eyes, ears and heart to the truth about Man's system and how we've gotten ourselves entangled in its web, e.g. Birth Certificate, SSN, etc. Over the past two years I have been digging deeper into Yah's Law on a variety of topics.

4. Through the leading of Yah's spirit, I was no longer observing the major pagan "holidays", e.g. Halloween, XMas, New Years, and soon after, I started observing the Sabbath day. Still a work in progress and studying this topic, but I taught my family what I learned so we could observe together.

NOTE: For several years I have not used a number, volunteered to file taxes, had a drivers license, voted, been "employed" by a "corporation" under a W-2 or W-4, received any benefits from the "State." I've just not participated.

This takes us up to around late November of 2017 (married 30 years at this point). One early morning, my wife approached me and stated to me that she was no longer happy and did not want to be in the "marriage" any longer. I was certainly caught off guard by what she said. Since she was going to her mom's the next day (as she had broken a hip and needed assistance) to help her, I said that once I process this news, that we would sit down and discuss further.

At this point, I was processing why my wife has not brought anything up to me beforehand about these issues she mentioned so we could discuss and work them out. My wife came back a few days later and we sat down and had a discussion on what was going on. I had many questions. We agreed to both take some time to think things over and then come back to focus on what direction we were going to go. A few days later, my wife emails me and tells me that she is in an adulterous affair. Another bomb dropped on me. I was not happy that she told me this over email and requested her to meet at our apartment so she could tell me face to face.

She did come out and did tell me that she was in an adulterous affair. She wasn't repentant about it or did not show any remorse. A few days later, she was at our apartment and told me she wants a divorce. I told her that it was a serious decision and that she should take more time to decide if that is what she REALLY wanted. We met weekly over the next couple of months and the end result is that she wants a divorce still.

Myself and my wife have agreed to divorce for the reason of adultery and to do that as peaceably and amicably as possible. We will also be working out an agreement for taking care of our daughter and dividing up the property.

Where I am seeking more counsel is on the track to take to finalize the divorce. Since we were "married" by the "State", most would say that you have to go through the "State" courts to dissolve the marriage. Even though, my wife and I were not aware of any contract, business relationship, etc. with the "State" when we were married at age 19.

I have a friend who stated that I need to notify the "State" to contest the "Marriage License" first, and have them provide an original contract with my wife and I's signatures and witness signatures. If they don't, then that is proof that the license is not a contract.

At that point, I could draw up a Declaration of Divorce and issue her a Bill of Divorcement (per Scripture) signed by both her and I and two witnesses. She will then be handed the BOD and put away/sent out. Not sure if recording this at the County would be beneficial or not.

So, my intention is to do this the Biblical way, but would appreciate any feedback, thoughts, information from any of you or others you may know on how they proceeded with a divorce with a "marriage" license.

Thank you for reading this far and may Yahweh bless and keep you.

Patrick
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Brick Layer
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Re: Divorce Situation

Post by Brick Layer » Wed Feb 28, 2018 12:10 am

After a working injury my ex wife ran off with the (assistant) prosecuting attorney of my local county threw me in jail over B.S. and filed for divorce.... I never signed anything and or authorized anyone else to sign on my behalf (lawyer, counsel, power of attorney, or otherwise) because of the young children involved and Title IV-D of course.

To make a long story short after the Judge divorced us without my consent; then I issued her a certificate of divorce according to Mossess's Law (Matthew 19:7) and I registered it through the county register of deeds under the property description of our marital home she quit claim deeded away.....

:mrgreen:
LawOfLiberty
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Re: Divorce Situation

Post by LawOfLiberty » Wed Feb 28, 2018 2:53 am

Brick Layer wrote:
Wed Feb 28, 2018 12:10 am
After a working injury my ex wife ran off with the (assistant) prosecuting attorney of my local county threw me in jail over B.S. and filed for divorce.... I never signed anything and or authorized anyone else to sign on my behalf (lawyer, counsel, power of attorney, or otherwise) because of the young children involved and Title IV-D of course.

To make a long story short after the Judge divorced us without my consent; then I issued her a certificate of divorce according to Mossess's Law (Matthew 19:7) and I registered it through the county register of deeds under the property description of our marital home she quit claim deeded away.....

:mrgreen:
Brick Layer,

Thanks for sharing your story with me. I also hail from Michigan (near Flint). Sorry to hear about your ex-wife running off with, of all people, the APA. How many children do you have? What is Title IV-D and how does that play a part?

I believe, even though the "State" granted divorce, there still needs to be a Certificate/Bill of Divorce given to the wife. Otherwise, you are just "putting away" and not "divorcing" her, thus causing her to commit adultery if she re-marries.

Registering the Certificate puts it on the record that it was issued and would be hard to dispute otherwise. Would you mind sharing your Certificate of Divorce or, if one, a resource of where you obtained it?

In my situation, I prefer to handle all of this like adults should (outside of court) and come to agreement on terms, issue the BOD and register it to put it on the record. That is the right way to do it. :-) I suppose, if the "State" does come back later to bud into matters, there would be proper paperwork on record that couldn't be disputed. And I could deal with them at that time.

Again, any thoughts on this from others who have been through this is much appreciated. I am continuing to keep this in prayer and move as Yah leads, but good counsel definitely helps and confirms.

Gregory, what are your thoughts?

Shalom,

Patrick
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Brick Layer
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Re: Divorce Situation

Post by Brick Layer » Wed Feb 28, 2018 4:28 am

Agreed [MATTHEW 19:6]

A signed divorce decree is a form of stipulation.

Michigan case cite, Roller v Roller, unpublished opinion per curiam, issued January 26, 2012 (Docket No. 300543).
A consent judgment of divorce is a contract and interpreted using contract principles.
If a consent judgment is ambiguous, a clarification is only permitted when no change in the rights of the parties will result from the clarification.

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Re: Divorce Situation

Post by editor » Thu Mar 01, 2018 2:18 am

Thankfully I have never had to go through a divorce.

The best possible situation is to have never entered into the marriage license with the State, but instead to have used a private Marriage Compact which clearly set forth the pre-agreed-upon procedure to follow in the event of divorce.

If only we were as wise in our youth as we become in our later years.

The wealthy elite, especially the literate ones, have been using Marriage Compacts for many hundreds of years. The poor and illiterate have never used them which, in my view, is basically why government originally started using the licenses. It was simply a means of securing jurisdiction in advance so the courts could impose judgments between people who otherwise had no contracts.

I think Brick Layer is correct in saying consent judgments are treated as contracts; different from a Marriage Compact mainly in being after the fact rather than prior.

I agree that a statutory divorce does not extinguish duties you have to your wife, particularly since you went into the marriage assuming the Scriptural significance of the marriage, and unaware of the different nature of a statutory marriage.

You should be aware that the act of recording any instrument with state registrars confers jurisdiction upon the state courts. If you are inclined to do a private, Scriptural divorcement, you might consider recording a notice of it, rather than recording the original instrument. If you do the notice in affidavit form, you can even attach a copy of the original as an exhibit, as long as your affidavit affirms it is a "true copy". Your affidavit can further state you are making a special appearance for the purpose of giving notice to the public, without granting jurisdiction.

I'm happy for you that it seems your soon-to-be-ex wife is cooperating. Hopefully you can reach a mutually beneficial, consensual arrangement.
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LawOfLiberty
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Re: Divorce Situation

Post by LawOfLiberty » Fri Mar 02, 2018 6:29 am

editor wrote:
Thu Mar 01, 2018 2:18 am
Thankfully I have never had to go through a divorce.

The best possible situation is to have never entered into the marriage license with the State, but instead to have used a private Marriage Compact which clearly set forth the pre-agreed-upon procedure to follow in the event of divorce.

If only we were as wise in our youth as we become in our later years.

The wealthy elite, especially the literate ones, have been using Marriage Compacts for many hundreds of years. The poor and illiterate have never used them which, in my view, is basically why government originally started using the licenses. It was simply a means of securing jurisdiction in advance so the courts could impose judgments between people who otherwise had no contracts.

I think Brick Layer is correct in saying consent judgments are treated as contracts; different from a Marriage Compact mainly in being after the fact rather than prior.

I agree that a statutory divorce does not extinguish duties you have to your wife, particularly since you went into the marriage assuming the Scriptural significance of the marriage, and unaware of the different nature of a statutory marriage.

You should be aware that the act of recording any instrument with state registrars confers jurisdiction upon the state courts. If you are inclined to do a private, Scriptural divorcement, you might consider recording a notice of it, rather than recording the original instrument. If you do the notice in affidavit form, you can even attach a copy of the original as an exhibit, as long as your affidavit affirms it is a "true copy". Your affidavit can further state you are making a special appearance for the purpose of giving notice to the public, without granting jurisdiction.

I'm happy for you that it seems your soon-to-be-ex wife is cooperating. Hopefully you can reach a mutually beneficial, consensual arrangement.
Gregory,

Thank you for your feedback and input into this personal situation of mine.

Would you happen to have any examples of how to put together this type of notice in Affidavit form or any resources to point me to. Also, when you state "giving notice to the public", are you meaning the recording of the notice or that the notice is being posted in the Court or put into the county newspaper?

Yes, it is a good thing that my soon-to-be-ex wife is cooperating and she is also wanting to come to a mutually beneficial, consensual arrangement. Thank you for your assistance.

Shalom,

Patrick
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editor
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Re: Divorce Situation

Post by editor » Fri Mar 02, 2018 7:10 pm

Once you have the basic form of an affidavit, attaching a copy of another document to it is easy. Registrars hate it, and will sometimes try to resist or object, but ultimately they have to record it (as long as you've done it correctly).

Always remember, an affidavit should only be used for citing facts to which you (the Affiant) have actual first-hand knowledge. Citing statutes or court decisions, for example, should be done in a memorandum of law. Third-party testimony (he said, she said) is useless.

I've been meaning to make up some kind of affidavit package. It will be a few days before I'll have any time, but I'll try to do that soon. In the meantime, if you find a usable affidavit form somewhere else, just know that you can include a paragraph which says something like this:
The document attached and labeled "Exhibit A" and titled "[Whatever it's Titled]", is a true and complete copy of the original which remains in my possession.
At the top of the copy you'll be attaching, type or carefully print something like this:
Exhibit A Attached to, and made a part of that certain Affidavit of [whatever you've titled your affidavit] dated xx/xx/xxxx, by [affiant's name].
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LawOfLiberty
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Re: Divorce Situation

Post by LawOfLiberty » Tue Mar 06, 2018 7:33 am

editor wrote:
Fri Mar 02, 2018 7:10 pm
Once you have the basic form of an affidavit, attaching a copy of another document to it is easy. Registrars hate it, and will sometimes try to resist or object, but ultimately they have to record it (as long as you've done it correctly).

Always remember, an affidavit should only be used for citing facts to which you (the Affiant) have actual first-hand knowledge. Citing statutes or court decisions, for example, should be done in a memorandum of law. Third-party testimony (he said, she said) is useless.

I've been meaning to make up some kind of affidavit package. It will be a few days before I'll have any time, but I'll try to do that soon. In the meantime, if you find a usable affidavit form somewhere else, just know that you can include a paragraph which says something like this:
The document attached and labeled "Exhibit A" and titled "[Whatever it's Titled]", is a true and complete copy of the original which remains in my possession.
At the top of the copy you'll be attaching, type or carefully print something like this:
Exhibit A Attached to, and made a part of that certain Affidavit of [whatever you've titled your affidavit] dated xx/xx/xxxx, by [affiant's name].
Gregory,

Thank you for taking the time to explain that as it helps. Actually, I would love to get your package, but I will still see if I can find a usable affidavit form for this particular situation. I take it that the notice will be done at the County as you mentioned registrar? Just want to be clear where I will be giving notice and to whom. :D
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Re: Divorce Situation

Post by editor » Tue Mar 06, 2018 8:12 am

It may be awhile before I get around to creating the package so, by all means, find another affidavit. Any decent sample should be fine, you're just looking for the basic form.

Yes, I think you should file it with the county clerk, or whichever office in your county files marriage and divorce records.
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Re: Divorce Situation

Post by notmartha » Sun Mar 11, 2018 1:43 pm

LawOfLiberty wrote:
Tue Feb 27, 2018 9:31 am

At that point, I could draw up a Declaration of Divorce and issue her a Bill of Divorcement (per Scripture) signed by both her and I and two witnesses. She will then be handed the BOD and put away/sent out. Not sure if recording this at the County would be beneficial or not.

So, my intention is to do this the Biblical way, but would appreciate any feedback, thoughts, information from any of you or others you may know on how they proceeded with a divorce with a "marriage" license.
I believe MICHIGAN is a no-fault divorce STATE. Therefore your soon to be ex does not need your permission or signature to obtain the civil divorce.

I would do as you wrote above. I would not record it anywhere on the STATE plane. I would post a notice of the divorce in the local paper, especially for the purpose of notifying the public that you are no longer responsible for the actions, debts, or keeping of said adulteress. You should publicly release yourself of liability concerning her. Something, loosely, like this:


I, Patrick ___________, hereby give notice that after 30 years of marriage, my wife _____________________ broke our Covenant between each other and God by defiling our marriage bed. Let it be known to all that a Bill of Divorcement has been witnessed and issued to said adulteress on (date), and from that date forward I am released of all liability concerning debts or crimes incurred by her, and am no longer responsible for her keeping.


If she wants STATE to recognize civil divorce, she can enter that forum without you.

May the Lord give you peace and understanding through this ordeal.
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