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.
• 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)