Relying on Other Party to Uphold Obligations
A spouse that has done nothing grave enough to justify permanent separation relies on the other party (causing a marital breakup) to uphold the obligations which were agreed when consenting to marriage. The state judiciaries should expect a party breaking up the marriage to uphold obligations, but in coerced/forced no-fault divorce, the opposite occurs. For parties that agree to uphold obligations of marriage defined by their church, a civil judge is not competent to interpret these agreements.
Make a Challenge against No Fault Divorce
Find the Right Lawyer willing to Invoke Constitutional Principles
Share this list with lawyers, and ask if one would defend marriage against no-fault divorce raising some of these challenges.
- Due process is missing; defendant has no legal bar against incompatibility, irretrievably broken; irreconcilable differences; and has not possibility of showing lack of merit (April 2017, See more, constitutional lawyer looking to help)
- Standing in civil matter lacking; plaintiff alleges no injury caused by defendant.
- Due process is missing; innocent defendants are deprived of fundamental liberties (property, children, no-jail) and no governmental interest shown served.
- Equal protection lacking; party seeking to have contractual obligations upheld is not protected.
- State interferes with intended obligations of parties in a contract; parties intend to uphold obligations defined in Church (i.e. Code of Canon Law for separation).
- Civil judges cannot interpret parties’ Church’s law that applies to a divorce case.
- Religious liberties are violated when clergy are criminalized if clergy solemnize religious wedding and don’t make parties sign-up for no-fault divorce marriage and get state marriage license.
- Religious liberties are violated when a party is forced to undergo divorce proceedings and follow orders to violate religious belief and there is no compelling government interest.
- Due process is missing; judges force divorce for no-fault grounds based in vague statutes, where vagueness makes all fair notice lacking in all cases (i.e. irretrievable breakdown, incompatibility).
- Marital misconduct is excluded as a consideration in the division of property, determining child support and custody (i.e Ohio R.C. Property 3105.171. Spousal support 3105.18(C). Child support 3109.05(A)(1). Custody 3109.04)
For More Information
Read more about the above challenges at Mary’s Advocates / Research / U.S. Constitution
Watch Mary’s Advocates’ explanation in laymen’s terms.