Have you looked at a divorce form or a set of divorce papers?
One interesting things in noticed on the California divorce form was that there were two reasons people could choose from for their divorces.
- Incurable Insanity
- Irreconcilable Differences
This presents an interesting problem. A very interesting problem.
Incurable Insanity Violates the Marriage Vows
When you got married, did you promise, “...in sickness and in health”? According to this agreement, incurable insanity could never be a valid reason for divorce. So why do the divorce forms include it?
How Do You Prove Irreconcilable Differences In Court?
A brilliant Christian attorney and friend gave me this idea. I would love to give him the credit for suggesting it, but I will need to ask him for permission to use his name in this way.
If you are in the middle of a divorce, file appropriate papers with the court asking for a judgment for the following questions pertinent to your case:
- What evidence must be presented to prove differences irreconcilable?
- What evidence must be presented to defend against this evidence?
Interesting Court Opinion by Justice Kim Frost
Justice Kim Frost rendered a very honorable and just court opinion. The gist of her ruling was that “irreconcilable differences” was a matter that could not be proved in court and therefore was a matter of personal conviction or belief, and as such, it is a matter of religion. Therefore no justice could legitimately render a judgment over whether irreconcilable differences were or were not present.
Yet, this happens approximately a million times per year in family courts throughout this nation.
Truth be known, there are no irreconcilable differences.
