# One judge that got it right



## tainted (Aug 16, 2013)

Online flirting grounds for divorce? | HLNtv.com

Someone needs to explain to them how hurtful and real EAs are.


----------



## EleGirl (Dec 3, 2011)

Since most divorces in the USA are no-fault this would not matter.


----------



## Caz867 (Apr 29, 2014)

In my mind, if a person is happy with their relationship... they can't possibly seek or have an emotional affair with someone else. 

Whether it will be grounds for divorce over here too one day, I don't know...


----------



## MattMatt (May 19, 2012)

Caz867 said:


> In my mind, if a person is happy with their relationship... they can't possibly seek or have an emotional affair with someone else.
> 
> Whether it will be grounds for divorce over here too one day, I don't know...


It's possible that someone might be happy in their relationship yet unhappy with their life in general and slip into an EA almost by accident.
_Posted via Mobile Device_


----------



## MattMatt (May 19, 2012)

EleGirl said:


> Since most divorces in the USA are no-fault this would not matter.


But it would matter in places that don't run a "cheater's charter" divorce system.
_Posted via Mobile Device_


----------



## Jellybeans (Mar 8, 2011)

EleGirl said:


> Since most divorces in the USA are no-fault this would not matter.


:iagree:

Anything is grounds for divorce now. Plus, most divorces are usually granted when filed. I can't remember hearing of one not granted recently...?


----------



## arbitrator (Feb 13, 2012)

*Adultery is grounds for a divorce action in Texas, provided that there is not the presence of a valid prenup. Then it's a "no-fault divorce hearing." But the lone exception to the prenup is that if cheating is contractually prohibited within it by either partner, then it becomes an "at-fault hearing."

But adultery carries little to no weight in Texas regarding child custody. It's largely left up to the Court as to which parent can better financially support the child!*


----------



## vellocet (Oct 18, 2013)

Of course its "grounds" for divorce. Anything can and should be "grounds" because nobody should have to be married to anyone they don't want.


----------



## vellocet (Oct 18, 2013)

Jellybeans said:


> :iagree:
> 
> Anything is grounds for divorce now. Plus, most divorces are usually granted when filed. I can't remember hearing of one not granted recently...?


Yes, people can get divorced for whatever reason they wish. I don't think any judge is going to look at someone and say, "sorry, not a good enough reason, you are stuck with him/her....sucks to be you"


----------



## arbitrator (Feb 13, 2012)

vellocet said:


> Yes, people can get divorced for whatever reason they wish. I don't think any judge is going to look at someone and say, "sorry, not a good enough reason, you are stuck with him/her....sucks to be you"


*There used to never be a grounds for divorce purely entitled "Irreconcilable Differences," until 1969, when California helped to usher in "No-Fault" Divorce Law to help ease its overloaded family court dockets. Then, like dominoes, the vast majority of the other states, over time, slowly followed suit.

To answer a judges question, as to what a litigants exact cause for divorce action might be, simply by uttering the term, "irreconcilable differences," would have literally evoked a stream of roaring laughter from even the tiniest, inconspicuous nook of any American court room!

Now you can damn well go through the divorce process and never have affairs, albeit either EA or PA, from being introduced into evidence, primarily because under the guise of "no-fault" divorce law, that the introduction of such largely remains irrelevant and would have absolutely no basis on the outcome of the case, division of marital property, and/or the awarding of child custody.

Texas is lucky in that a litigant can employ either "at-fault" or "no-fault" divorce proceedings, with the lone exception being that if a valid prenuptial agreement is introduced into evidence, then the court automatically, by law, goes into a "no-fault" hearing.

No-fault divorce, seemingly, was implemented to take the vast majority of the hostility out of family and domestic court proceedings and to largely make the jobs easier for the court personnel as well as for the litigating parties.

But in the event of using adultery, it has definitely cast a pall on the wayward spouse and their often hostile emotions against their cheating partner, and IMHO, has added greatly to the amount of time that it takes for the emotional health of the betrayed spouse to adequately heal.

Divorce continues to be an international problem of unheralded proportions. But our collective governmental legislative bodies have simply caved into the whims of the whining judiciary in order to try to make their tasks far easier for them, and at the same time, with very few exceptions, a far more expensive process for the litigants; but without sacrificing making this legal change a far more profitable business venture for the bulk of the entire legal profession!*


----------



## vellocet (Oct 18, 2013)

When I divorced my wife I chose adultery, which of course her attorney in response "denied". Like it matters. Its just a "reason" to divorce. Doesn't have to even be valid.

I laughed at her when the response to the "grounds" on adultery was "denied". I looked at her and said, "really?"


----------



## Jellybeans (Mar 8, 2011)

I don't understand how her attorney can "deny" your grounds? 

I am confused.

And evenstill it does not matter. The judge is the one who grants the divorce.


----------



## vellocet (Oct 18, 2013)

Jellybeans said:


> I don't understand how her attorney can "deny" your grounds?
> 
> I am confused.
> 
> And evenstill it does not matter. The judge is the one who grants the divorce.


Its just for show, it makes not one bit of difference to the courts.

Its just one party saying, "you did this" and the other party saying "no I didn't". It just for the record and doesn't affect the divorce.


----------



## EleGirl (Dec 3, 2011)

Jellybeans said:


> I don't understand how her attorney can "deny" your grounds?
> 
> I am confused.
> 
> And evenstill it does not matter. The judge is the one who grants the divorce.


What that means is that her attorney responded in a court document stating that she did not commit adultery. 

It can matter what is written in a divorce case. The records are public and anyone can get the case file and read it.


----------



## EleGirl (Dec 3, 2011)

Jellybeans said:


> :iagree:
> 
> Anything is grounds for divorce now. Plus, most divorces are usually granted when filed. I can't remember hearing of one not granted recently...?


Of course in the past a judge could deny a divorce. We don't see that anymore.


----------



## arbitrator (Feb 13, 2012)

EleGirl said:


> Of course in the past a judge could deny a divorce. We don't see that anymore.


*But despite that sad fact, don't you still find it rather odd that the lawyers always seem to find a way to put in more hours and thus end up making even more money off of their clients?

Simply amazing!*


----------



## EleGirl (Dec 3, 2011)

arbitrator said:


> *But despite that sad fact, don't you still find it rather odd that the lawyers always seem to find a way to put in more hours and thus end up making even more money off of their clients?
> 
> Simply amazing!*


Yes the lawyers milk the system.

There are some states where the reason stated for a divorce can make a difference.

IN some states, if fault can be proven it can make a huge difference.

For example in SC the waiting period is waived in a fault divorce. No alimony is awarded if the spouse who would otherwise receive is proven to have committed adultery.

But it has to be proven.


----------

