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Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

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Old 09-29-2010, 08:42 PM
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Default It’s time to blow up divorce court - Toronto Sun - Sept 29, 2010

It’s time to blow up divorce court - Toronto Sun, Sept 29, 2010

It’s time to blow up divorce court | Alan Shanoff | Columnists | Comment | Toronto Sun
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Old 09-30-2010, 09:25 AM
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Interesting article and one that we have to tend to agree with. Itès time for an overhaul. We had this conversation with our lawyer well over a year ago. Half the problem is the combativeness that is created and fueled. Basically the law is pretty straight forward but it is the interpretations that occur all over. In our discussion the main thought is that there needs to be a standard form and set of proceedures that need to be set. Once it is adopted and used completely by the jugdes not much will change. Yes there has been some work done to limit the combativeness. No fault was to help that some too. But this change has to come from all sources, that will be harder to achieve. But if it starts in the courts they put thier foot down and this is the way it is. Lawyers and clients both have to get realistic goals for the outcomes.
Yes all of us are in different situations and that should not necisarily be discounted. But if you had a standard form/process to start with it would go a long way. so yes I think it should be majorly revamped.
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Old 10-12-2010, 03:35 PM
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Absolutely

One problem IMO is that "No Fault" is allowing actual crimes by the recipient spouse to go unpunished.

This is in the family law act, but not in the divorce act:

"The obligation to provide support for a spouse or same-sex partner exists without regard to the conduct of either spouse or same-sex partner, but the court may in determining the amount of support have regard to a course of conduct that is so unconscionable as to constitute an obvious and gross repudiation of the relationship."

I think we all agree that crimes should not be tolerated or ignored by the court. I think not all of us recognize that some people are monsters and for these monsters - no matter the gender - to be awarded spousal support is a crime.

I was told by my lawyer "I think you have a liability to pay spousal support whether or not your spouse is a depraved individual or not."

Learned people should not be able to say that. Depraved / criminal people should not be rewarded by any of our institutions.

The only way a person getting support and nothing else can be punished is by reducing that support and/or being jailed. Otherwise that person gets away with crimes at the expense of the rest of the family.
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Old 10-12-2010, 08:02 PM
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My ex got away with many crimes in our family court system.
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Old 10-19-2010, 09:42 AM
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Its quite curious how so many can agree that Family Court needs and overhaul, including professionals, yet no matter what is said NOTHING ever gets done. Do you think that is because it is nothing but a feeding trough for the "Legal Professionals" What would happen to their jobs and income if there was a functioning system? God forbid it may actually save our children from becoiming psychologically screwed up.
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