:h: Welcome
to Team Law’s Forum!

On Sunday (September 10, 2017, at: 5:00 pm Mountain Time) Pastor Butch Paugh, (of: GCN Radio Network’s: “Call to Decision” radio show) interviewed Team Law’s Trustee. We will publish that interview on our Online Audio page once it goes through editing to remove the commercial breaks.

We hold a Free Conference Call every: Monday, Wednesday & Friday morning from:
8:00 – 9:00 AM (Mountain Time).

Call: (857) 232-0158; use the Conference Access Code: 110045.

Join us on, and invite your friends to, our next Conference Call!

Use this Forum to contact Team Law;
use this link for more: contact information.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:

After reading this announcement, you may remove it by clicking the “X” in the upper right corner of the announcement's green background.

Divorce (married to the system)

This forum is for topics not listed below.

Moderators: Tnias, Jus

User avatar
Admin
Site Admin
Site Admin
Posts: 1574
Joined: Thursday June 9th, 2005 12:16 pm MDT

Re: Divorce (married to the system)

Postby Admin » Saturday April 1st, 2006 11:38 am MST

:h: Gadahfi:
While reading your inquiry we are reminded of the scripture wisely admonished especially in such situations like the one you expressed:
Mathew at 5:40 wrote:And if any man will sue thee at the law, and take away thy coat, let him have thy cloke also.
You are dealing with a family court process that was charged with authority by the divorce pleadings that were filed in the court. The only way through such proceedings is to follow the court rules. Such courts are not a matter of justice. They are equity courts resolving the civil contract of marriage because the parties to the marriage failed to do so on their own and asked the court to resolve the same. Once the court is charged with the responsibility to resolve such matters they do so in accord with the terms of the contract of marriage. If there was no specific written agreement to follow the Corp. State court follows the dictates of the Corp. State code and the determinations of the judge of the court. Thus, though the parties to the action may or may not be pleased with the outcome, the court has the authority to dictate how the matter will be resolved. The only way to survive such matters is to learn the law and the court rules and both follow them and hold the court accountable to them. Then follow the court’s dictates until all of its provisions are fulfilled. We can help people learn the law and the court rules, but we can do little else.
We have seen situations like this before and have helped beneficiaries and others get through it. Our experience with such matters shows the solution to the same is best made by following scriptural admonitions like: “Physician, heal thyself.” That is: rather than focusing on how difficult your circumstances are or who is forcing them upon you. Look to yourself and discover wherein you erred, failed or sinned. Then repent of it. Divorce is almost never caused by one person’s errors, failures or sins. It takes at least two parties to cause a divorce. Once the court is involved, the marriage contract is not over; it simply has a third party that stands between the husband and wife. The new third party is the court; and it will compel its terms through its martial authority. Therefore, the parties of the contract must comply with its terms until the contract is finally resolved. No one said you have to like the situation. And there may be nothing you can do to make it better within the situation as it stands. Thus, again the best way to improve on the situation is to: stop pointing fingers at others, learn the laws and court rules, apply them as needed and correct your part in the errors, omissions and or sins that were ultimately the cause of the divorce—purifying yourself otherwise such that you are worthy of the promises of peace from the King of Kings can only help as will all other acts you may follow to improve on your relationship with the King of Kings.
Mathew at 5:44 wrote:But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you;
Such actions will invoke upon you the promise from the King of Kings that He will accordingly make your burdens light. We present this solution here because it is the only remedy we know of for such situations and even if you are an atheist, history proves it still works.
Mathew at 11:28-30 wrote:Come unto me, all ye that labour and are heavy laden, and I will give you rest.
Take my yoke upon you, and learn of me; for I am meek and lowly in heart: and ye shall find rest unto your souls.
For my yoke is easy, and my burden is light.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

Jorge
Beneficiary
Beneficiary
Posts: 11
Joined: Wednesday January 23rd, 2008 2:22 pm MST

Re: Divorce (married to the system)

Postby Jorge » Wednesday February 6th, 2008 1:20 pm MST

Following this logic - My situation is similar however, our children were born before the issuance of a marriage license. That being said, if I rebut any presumption by any agent, including my ex, that I am 1.)a U.S. citizen and that my children are U.S. citizens by the mere explanation that I am not by virtue of my political status of being a non-resident alien America citizen, and that I am beneficiary to the original jurisdiction (either the Bible or Constitution for the united States of America) would that not get us pointed in the right direction?

Thus, where am I liable to any STATE or FEDERAL statutes (either bonded or not) in the situation of a Family Law court (court of equity) and if that is the case, are not issues of diversity of citizenship and standing to bring a cause of action now take precedence? Can't I simply ask the Judge at the next hearing to show me a claim against me via an Affidavit signed under penalty of perjury that I in fact am liable to any "code or statute" violation? I would think so especially since my sons have not fully been integrated as U.S. citizens. Some thoughts please. I do not wish to argue law, only application and jurisdiction. I need help as I must go before the Judge tomorrow per an Application for an Order to Show Cause hearing. Lastly, should I make a general appearance or special appearnce? Thanks.

User avatar
Admin
Site Admin
Site Admin
Posts: 1574
Joined: Thursday June 9th, 2005 12:16 pm MDT

Re: Divorce (married to the system)

Postby Admin » Thursday February 7th, 2008 12:59 am MST

:h: Jorge:
As we have related before, the family court system is one of equity; however, if there is no written contract defining the terms of the relationship the judge is left to rule in the case as the judge sees fit and such rulings will generally go towards whomever the judge favors, with a possibility of following statutory provisions related to marital relationships. The mere fact that one party of a marriage sues the other in court means the court will accept jurisdiction if the three elements of jurisdiction are met: venue, subject matter and personal. [list=1][*]Venue is purely a geographic question—“Did the cause take place within the geographical boundary of the court’s jurisdiction?”[*]Subject matter is merely a question of, “does the case fit within the type of cases the court has jurisdiction to hear?”[*]Personal jurisdiction is established by the service of a summons and complaint.[/quote]Thus, it is quite easy for the family court to secure jurisdiction over the matter of a divorce. If one party in a marriage files for a divorce and serves you with the summons and complaint, you are in. Your personal status (citizenship, etc.) in the matter is irrelevant to the jurisdiction over the case.

So far as your question regarding liability to federal or state statutes, such cases have no need to relate to any such matter because they are equity cases, in matters where there is no written contract but the evidence of an open contract of marriage is obvious and is easily proven.

Thus, the only reasonable way to resolve such a matter is, please the court and do all you can to make peace with the other parties involved in the case (as was suggested above).

As my old Sensei use to say, “The best art of defense—no be there” (spoken with a thick Japanese accent).
The King of kings primary message was, “love one another”; thus, in all things we are best served by following that admonition.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

User avatar
David Martin
Beneficiary
Beneficiary
Posts: 12
Joined: Saturday November 17th, 2007 7:36 pm MST

Re: Divorce (married to the system)

Postby David Martin » Thursday December 10th, 2009 2:56 pm MST

So would it be correct to say Family Courts are (equity courts) which use Civil Rules of Procedure to compel the parties in the action legally? :(

User avatar
Admin
Site Admin
Site Admin
Posts: 1574
Joined: Thursday June 9th, 2005 12:16 pm MDT

Re: Divorce (married to the system)

Postby Admin » Thursday December 10th, 2009 7:37 pm MST

:h: David:
Yes. However, it is important to remember that the terms of an action in equity are the terms of the contract related to the parties in the case. Therefore, the controls compelled upon the people in the family court system are the contract of marriage, not the Civil Rules of Procedure. Those “Rules” only control how you interact with the court and the parties to the action. The controls the judge uses are the terms of the marriage contract. However, it should also be obvious that the parties are in court because they have not been able to resolve their relationship in accord with those terms alone so it is totally up to the judge to determine what those terms shall be from that point forward unless specific terms of that contract control that opinion. Thus, if there is no written agreement, the judge pretty much acts by the judge’s own whim and will.

Again, in the family court the judge is pretty much like a minor deity—and, when you bring your cause to him for a divorce the marriage does not end; rather, you simply place the judge between the parties of the marriage and thereafter the judge sets the rules, bounds and guidelines of the relationship.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

User avatar
David Martin
Beneficiary
Beneficiary
Posts: 12
Joined: Saturday November 17th, 2007 7:36 pm MST

Re: Divorce (married to the system)

Postby David Martin » Saturday December 12th, 2009 9:58 pm MST

Yes , I understand now. I did do some research into equity law and found that in family courts in america, they follow closely the "law of chancery" used in England. The judge would act as chancellor for the "King" who was the "parens Patriae", and took exercise over the children. In some instances the Attorney General would be involved ex officio by way of giving information to the Court of Chancery in those cases where children were involved as wards of the state. The law of equity was somewhat vague when first researching the subject, and I found some good information on equity law in "Blackstone's Commentaries on the Law", copywright 1892 Hardcastle Browne. Blackstone's comments parallel what Team Law has said about why judges act the way they do, at least in Family Courts in America.

User avatar
Admin
Site Admin
Site Admin
Posts: 1574
Joined: Thursday June 9th, 2005 12:16 pm MDT

Re: Divorce (married to the system)

Postby Admin » Sunday December 13th, 2009 1:00 pm MST

:h: David:
It seems like you are getting some of the point; however, the family court system in the states has nothing to do with the chancery courts of Great Britain in form or function. It is simply an equity court. You have to remember equity simply means: “fairness in accord with the terms of the contractual relationship.” The bottom line, if you cannot live in accord with the terms of your contracted agreement, at the request of the Complaint, the court will determine what those terms are and then hold you to them by its orders.

Where children are involved they have rights to and the court will tell you how you will behave to protect those children’s rights. It is simply a contract court; complicated by the fact that most people coming in to such courts have no specific written contract; so, the court is left to determine the elements of the contract in accord with state policy and procedure (much of which will be simply determined by the court). Again, there is no similarity to the British feudal system of chancery courts.

If you want to know more of the basis for the parens patria doctrine as it works in the United States read the Family Ties article in the WARN newsletter, volume 1 issue 1.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.


Return to “Miscellaneous Topics”

Who is online

Users browsing this forum: Bing [Bot] and 1 guest