Tag Archives: divorce

You don’t have to give up on your marriage without a fight

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Most states have no-fault divorce laws, which means if you want out of your marriage you will get out even if you’re just bored. Personally, I find such lack of respect for the bonds of marriage deeply disturbing. When I took that oath, “till death do us part,” I meant it. I do not think divorce should never be an option. In the case of marital infidelity, severe physical abuse, and clear cases of abandonment, divorce is an option. Heck, because of my religious beliefs I’ll even represent clients who file for divorce in such cases (and represent anyone in defense of a divorce action). But let’s face it. Most of the time we divorce the mother or father of our kids for no other reason than we’re bored and selfish. Sorry, but that’s the truth, even in those cases where our piss-poor attitudes have turned the other spouse into an abuser of sorts.

Jesus replied, “Moses permitted you to divorce your wives because your hearts were hard. But it was not this way from the beginning.” Matthew 19:8 (NIV)

This article if for those of you in Kansas who are facing a divorce action filed by one of these selfish, callous people who nonetheless have a seed of goodness in his heart. There’s a statute virtually no divorce lawyer wants his or her client to know about. K.S.A.  23-2710 empowers the judge to order marital counseling either on his own motion (sua sponte) or motion of the parties. That’s right. Even if the other party doesn’t want to talk about it, the judge can make him! There’s a catch, though. “Neither party shall be required to submit to marriage counseling provided by any religious organization of any particular denomination.” So, if your selfish wife knows the pastor will try to browbeat her into submitting to God’s authority by not divorcing, she can refuse to talk to the pastor. You may end up with an areligious perhaps even religiously hostile counselor. But at least you don’t have to give in without a fight.

So if you are facing a divorce don’t let your attorney tell you he can’t ask the judge to order marital counseling. That’s a lie probably meant to keep you from resisting his desire to bill you lots more in legal fees.

Copyright © 2013 ACE LAW

Travails of a defense attorney

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I don’t blog much about actual trial or practice experiences. Too much risk of divulging attonrey-client privilege. But every so often the crap I have to deal with compels me to rant a little. This is one of those rants.

How hard is it really to live responsibly? It’s not nuclear science, right? Marry the woman you will have children with. Don’t make the babies first. Also, if you are going to make babies sans marriage, do so with one woman or man, not multiple ones. Perhaps most important, if you do screw around and have kids, don’t be surprised when the mother or father sues for custody or child support.

And another thing. Don’t drive a car unless you have insurance and a valid license. Don’t ever drive after drinking alcohol. Don’t take stuff that isn’t yours. Don’t beat your spouse or children. Etc.

I could go on, and on, and on. People today have no common sense. Church is good for that, but who wants to feel bad about what they are doing when that thing is clearly immoral and wrong?

Here’s the good news. If you don’t refrain from the above and get into trouble, I can probably get you out of it. I’ve got a pretty good record at doing just that. I’d just prefer that the next legal matter I help you with is something fun like an adoption, will, or business incorporation.

Rant is over. Have a good day.