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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 02-18-2013, 04:27 PM   #1
Reddd
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Default Run, Forrest, Run!!

This one has Run Forrest Run written all over it. Open marriage, just wanted someone to treat her well and provide some of the niceties she was not getting at home. The initial M&G was great but no BCD.* I stayed in touch because she was just so damn nice and an apparent horror story has unfolded.

Very strict religious upbringing, never dated, married off by her parents to a family friend. A casual look from the outside, things looked okay, stay at home wife, the guy has a great job, nice house, active in church. She said she signed a very restrictive pre-nupt where she would get zero if she left.

The abuse began on the wedding night and has resulted in more than 20 hospitalizations and has left her with permanent injuries/disabilities.* There are no children but there have been several miscarriages again due to the abuse and at this point she’s not able to conceive.

The guy has been jailed several times based on mandatory requirements but at her parents and churches insistence she has never pressed charges.* They’ve moved numerous times to avoid continued scrutiny after “major events” and for most of the time have maintained residences in very isolated rural locations.

After we met, with the help of some of her friends, she’s out of the house and got a job, only to be beat up once more to the point that she currently cannot work and has at least one round of surgery currently scheduled.*

In her mind, divorce was never an option.* The last bout resulted an intervention of sort by friends and she’s finally hired an attorney but unfortunately it’s their “friend” from church.*
I feel she needs/deserves a far more aggressive advocate. *She understandably just wants it over with. I hate to see her just roll over and let this jerk get away with what he’s done avoiding both legal and financial consequences.

Other than the obvious advice to just stay out of it – I would like some input from those more knowledgeable relative to the following:

- Is there a basis for nullifying the prenuptial agreement based on the abuse?

- Is the requirement that he maintain continued medical insurance (including counseling) reasonable based on the documented abuse and injuries?

- Is there a basis for interim support while she heals from the last round injuries? *Or even alimony?

- It the prenuptial is upheld, is there some form of civil action that could reasonably be expected that would result in some compensation or support for her?

My intent is to use this information to encourage her to follow up with her attorney relative to these issues based on the input received here.

Of course, there is the possibility I’m being played as well. It wouldn’t be the first time. To that end:

- Is it even possible that this much documented abuse could occur and the guy avoid significant consequences as has been described?

It just doesn’t sound feasible to me.

Thanks in Advance*
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Old 02-18-2013, 06:11 PM   #2
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Yes it's very possible because without her physically showing up to bak her statement. Its really sad when a chik feels that the onnnly thing she has in the world is THAT
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Old 02-18-2013, 06:19 PM   #3
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Fast and far!
One of the next chapters of this story is one of them in the graveyard. Her from severe injuries, or him from a gunshot wound. Or maybe both. She needs to take legal action against him, and only she can do that. Its also a big assumption that you are getting the whole story.
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Old 02-19-2013, 08:55 AM   #4
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+1
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Old 02-19-2013, 12:37 PM   #5
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Could one of our legal eagles comment on the questions posed in the initial post if this thread?
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Old 02-19-2013, 01:28 PM   #6
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In this day and age the typ of abuse that you are talking about is hard to go unnoticed. Not so much that it may not have happened but that his parents or members of their "church" were able to prevent his arrest. Most states have passed stricter laws about domestic abuse and in some circumstances where there have been multiple charges a felony is likely.

As far as the other, I think it depends on how the prenuptial agreement reads. It cannot be voided simply becuase of abuse, adultry or other grounds for divorce. If it was valid at the time it was signed it will remain valid.

You raise an interesting question whether she may have a civil cause of action against him outside of the divorce proceedings for the harm that he has caused her. It is possible, but if she does not have proof to get him arrested I doubt she has proof to obtain a monetary judgment aginst him.

Hope this helps.
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