Saturday, November 27, 2021

Novel Alimony

A reader informed me of something I had never heard of or even suspected existed - In Florida you can get alimony without a divorce

"This form may be used if a dissolution of marriage has not been filed, and you are requesting alimony. If a petition for dissolution has been filed, you should file a Motion for Temporary Support with No Dependent or Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.947(c), instead of using this petition. Also, if you are requesting that an order be entered for you to pay support to your spouse, you should not file this form."

Now I can imagine that one spouse might drain all a couple's bank accounts and hide the money (Spring was quite good at hiding money from me) so he or she has to go to court to gain access to those joint assets but that isn't alimony. 

Family law is very strange indeed. 

Friday, November 19, 2021

Policing The Lawyers

I ran accross an interesting article from 1998 in the Fordham Law Review titled, The Criminal Regulation of Lawyers, by Bruce A. Green. 

It is interesting because Green examines the often blurry border between criminal law and professional codes. Green concludes:

The criminal law has significance in regulating lawyers' professional conduct both because it provides an effective means of enforcing certain professional norms and because it establishes or influences the content of certain professional norms. The criminal law's regulatory role is most interesting, and potentially troubling, in situations where the criminal law points lawyers in one direction but other professional norms, such as those embodied in the lawyer codes, appear to point lawyers in the opposite direction. This problem has drawn attention from the American Law Institute, the criminal defense bar, and courts, among others, without anything approaching a consensus emerging. This Article has offered two modest, and by no means complete or completely satisfying, responses. First, courts should interpret open-textured criminal provisions to accommodate professional conduct that is consistent with a reasonable understanding of the professional norms, thus putting the burden on the legislature to manifest its intent to forbid such conduct. Second, prosecutors should exercise restraint in conducting criminal investigations and prosecutions of lawyers based on factually or legally ambiguous conduct.

I agree with Green but believe he vastly understates the problem. Lawyers and others who work in the legal system, especially family law, commit or cause to commit the majority of crimes in our society. Fraud has become just another tool lawyers use to win cases. And winning ceased to mean justice long ago.  Sadly the gap between criminal law and legal norms is a vast canyon filled with crime and corruption. Lawyers' rules tend to be well written but poorly followed.

Tuesday, November 9, 2021

Not Understading

The current National Geographic has an excerpt from an upcoming book, Fauci: Expect the Unexpected: Ten Lessons on Truth, Service, and the Way Forward. Fauci, in discussing those who do not understand or even deny the reality of the COVID-19 pandemic, is quoted:

"It’s just the way life is. Unless you’re connected with something directly, it doesn’t mean much to you."

This struck a note with me. It is so frustrating to have so much evidence of crime and corruption within the legal system yet to be ignored by nearly everyone. How can this be? I think the answer is that there are relatively few people who are harmed by legal corruption but many who benefit. 

In my case I have lost something on the order of $15-2 million due to crime within the legal system. Note that I am not talking about the divorce settlement. Divorce laws are certainly unfair and archaic but they are the law. What I am talking about is crime over and above the settlement. 

Who benefited from the money I lost to crime? Spring for sure but also a host of lawyers, mediators, testimony coaches, and others working in the divorce industry. Also judges, not only because they receive a salary, but longer term as when they make law firms money that money often comes back to them via campaign donations or future employment. 

If the ratio of people who benefit from a crime is high compared to the number of victims, crime will tend to persist. If those who benefit are the ones who control the legal system, such crime will be nearly impossible to stop. 

Tuesday, November 2, 2021

Holding Family Law Judges Accountable has an article on  Holding Family Law Judges Accountable which does a good job of explaining the current reality of family courts in the U.S. 

The key points made are:

  • Family Law Judges Rubber-Stamp Civil Rights Abuses
  • Family Law Courts Reward Criminals, Punish Victims
  • Typical Family Law Abuses Include “Kick Out” Orders
  • Courts Encourage Financial Victimization by Aggressor Spouses

Judges often complain they are overworked but the the truth is many family court judges encourage litigation and fraud because they themselves so handsomely reward it. 

The reality of our family court system is that all too often it rewards crime, encourages more crime, harms innocent people, and costs an immense amount of money which taxpayers have to pay.