Lawful Path Forums

Hello everyone,

My wife requested a divorce mainly due to political differences (mainly vaccinating our 5 year old son).

My wife and I went through a mediator, however which we had amicably split everything 50/50 essentially.

I refused to go further since we could not settle the vaccine issue, therefore she proceeded with the divorce papers. I wanted to go in front of a judge before I signed the mediation documents, but she refused.

I have been watching some of David Straights YouTube videos online discussing law.

I am currently putting together my Notice of Appearance and plan to do so Sui Juris.

It is my understanding that this will not allow the judge to have jurisdiction over me a living man.

If the judge doesn't acquiesce I plan to ask for the state to provide the contract with the State that I gave up my rights as a living man.

I am nervous as you can imagine, but plan to do this.

Where I am lost is say this goes according to plan, where do I go from there?

I just don't see how this could work as I could never grant a divorce to her, not that I want to.

What are your thoughts?

God bless you all,

Brandon

Hi Brandon,

I've read through your post several times, and it seems contradictory; I'll need some clarification before I can offer much in comment.

I'm assuming from the way you've worded things that it was your wife who filed for divorce; is that true?

On the one hand you say that you and your wife have irreconcilable differences, yet you also say you don't see how you could ever grant her a divorce? If you can't go forward with the marriage, yet won't divorce her, what is your plan?

You said you and your wife used a mediator and that, at some point there were "mediation documents". A mediator doesn't typically draw up papers unless an agreement has been reached. You say you "wanted" (past tense) to see a judge before signing the mediation documents. May I infer that you went ahead and signed them?

Did your wife sign the mediation documents?

I have to comment here that you wanting to see a judge BEFORE signing the mediation agreement makes me think maybe you don't know the purpose of mediation? A judge will (should) always prefer to affirm a mutually voluntary agreement (if one exists), rather than force his will on either party. If you have both signed the agreement, you will generally get your divorce under the terms and conditions you have agreed. If either of you did not sign the agreement then there IS no agreement.

Regarding jurisdiction-- Is it your intent to withhold jurisdiction from the court? Here's my understanding--

If you signed the mediation agreement, you have already granted jurisdiction. If you file an appearance, whether Sui Juris or otherwise, you grant the court in personam jurisdiction over your person. All Sui Juris means at this point is you aren't using an attorney.

If your wife filed for the divorce, she has already granted jurisdiction over her person.

If you and your wife ever applied for and were granted a State marriage license, then the State already has in rem jurisdiction over the marriage.

To what, exactly, are you hoping the judge will acquiesce?