Friday, June 22, 2012

Termination of Marriage

Termination of Marriage: Love conquers all or Does It?

By Attorney Harold E. Weiser III of the Weiser Law Firm 3801 Canal Street #205 New Orleans, Louisiana 70119 504-358-2273
Take the case in La. in the early 1960’s of Betty and “Lucky” Louie concerning divorce. he asked her to return or he would file for a legal separation. Since Betty was unwilling to return to Louie at their domicile despite his request for her to do so, reconciliation seemed doomed. And Louie filled for a legal separation which was the legal road toward divorce under such circumstances in the early 1960’s. The court granted them a legal separation.  In court it was brought out that Betty’s mother did not think that Louie was good enough for her daughter. The father did not believe anyone was good enough for his daughter; furthermore, he declared her too immature to marry. The court granted Louie’s request for a Bernard Parish) and a year later Betty’s attorney filed for a divorce which was granted.  It seems that Louie’s love claimed that she was too young to fulfill the role as Louie’s wife was a self- fulfilling prophecy.   In other words, Betty followed her parents’ demand that she leave her husband and their domicile in order to reunite with her parents. And notwithstanding, she had flatly refused Louie’s request to return to him at their matrimonial domicile or accompany him to any other living arrangement whatsoever.
In order to understand what had happened prior to this marriage debacle the following narration is necessary. Betty and “Lucky” Louie had eloped from New Orleans (Orleans Parish) to a neighboring parish (St. Bernard) to get married. Betty was 18 years old and Louie was 21. However, after locating a justice of the peace in Chalmette (St. Bernard Parish) they were told that a marriage license was needed to have their dreams fulfilled.  So, “Lucky” Louie’s attempt at married was thwarted or at least delayed – giving him (and her) a second chance to reconsider. Without hesitation the following week the two love birds obtained a marriage license from the parish of their birth – Orleans.  Again without hesitation and with determination Betty and Louie returned to Chalmette and proceeded to tie the knot at the same Justice of the Peace This time they were successful.  At least for the immediate endeavor.
In spite of all this, their perseverance would soon turn into an endurance of no small consequence. Upon reaching their honeymoon suite at the Montelone Hotel in the famous Vieux Carre (French Quarter), the young bride decided to give her loving parents a telephone call to inform them of the good news.  Blown out of all proportions the news was received like the loss in Battle of Dunkirk in London in 1940 Her mother responded that it was totally unacceptable. Furthermore, she said that she would never speak to her daughter again if she did not leave that “rascle.”  Her father threatened to kill that “damn” college boy.  Obviously, the road to marital bliss was full of rocks and craters as well as treacherous in-laws.  Very soon La. divorce law was called upon to remedy the dreadful situation – which it did!
 For more information contact a New Orleans Divorce Attorney 


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    Some Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party. The barest of assertions suffice. For example, in countries that require "irretrievable breakdown", the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been destroyed by these differences is enough for granting a divorce. Courts will not inquire into facts. A "yes" is enough, even if the other party vehemently says "no".
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