- Why
you should almost never sign
- a
separation agreement
You never know your wife until you met her lawyer in court.
Don’t sign anything. If your lawyer pressures you, sign off on
your lawyer. Your consent should appear no where in the records.
Hardly a soul in the system really cares whether justice is done,
whether you agree to the conditions of your divorce or custody. That’s
why they rise to the top like curdled milk. So stand your ground.
You are only required to dish out money that the court orders. You
don’t have to dance for the judge or play an instrument. This isn’t
a music contest.
For all the judge harrumphs, he’s
astonishingly limited in his liberality to your wife with your assets.
He has almost no discretion in child support unless you make big bucks.
You’ll pay the same amount whether or not you allow yourself to be
tortured and impoverished by this paper chase, your lawyer and
scatterbrain social
workers or fail to show up. And if you do make big bucks, you simply
pass them on to your customers. Look at all the wealthy womanizers of
history.
This includes a mulish refusing to any
in-court or out of court stipulate to anything. It will all turn out for
the worst. But at least by inaction you may take some pleasure in
awaiting what these robots will do when one of their circuits—you—refuses
to act out his lines. Turn off your hearing aid.
This tip applies as well to visitation. If the mother (not the judge)
wishes to give you visitation to make her life easier, you don’t need
a 250 page charter of multi-cultural holidays rubber-stampeded by the
court and drawn up by YOUR lawyer so he can pocket thousands. It’s an
neurotic’s calendar. Beware! Christian holidays are unconstitutional.
See the Supreme Beings decision in Christ Almighty! vs. Peter Pan 423
U.S. 818 (1999).
If she doesn’t want you to have visitation, you won’t get it even
if the judge branded it on her with a hot poker. Don’t bother going
back to court and complaining. Judges have no obstacles between the
ears. That passage is like a six lane freeway at 3 am on a weeknight.
Save your money.
New York’s Court of Appeals tells us separation agreements are just
a variety of contract. Really?
B.P.C. before political correctness all contracts were
enforceable as intended by the parties. Courts grudgingly interfered
with grownups who freely bound each other even with rope if that was
their sexual preference. Unlike interpreting the Constitution, rarely
did they care even about fairness. If the parties thought it was fair
when they signed their names to it, the deal stood on its own.
Courts particularly refused to interfere after one party performed
his duty and paid for the other party’s plastic surgery. What were the
judges to do? Order her to get ugly again? The court would be fronting
for her.
The phrase "opting out" corresponded to making a will. You did
it so the state wouldn’t substitute its likes and dislikes to divide
your property (called dying intestate). A separation agreement was only
another name for a contract, only a specialized contract to get out of
NY Domestic Relations Law. It also protected intimate relationships from
media snoopers. Today, the fight of what "is" means helps fill
up newspaper front pages.
Opting out sounds too good to be true. That’s why it is. You and your
former loving spouse think you can tailor your divorce without
interference from outsiders, except, of course ever-present lawyers. But
black robed judges like executioners dangling rope, accountable to no
one, are just waiting to hang you. Their courtroom is the local office
of the Inquisition.
Judges and lawyers practice the Professor Corey Method© of
family law. For some of the best examples of legal pomposity and
circular reasoning read a couple of New York Court of Appeals family law
decisions. But read them as failed attempts at humor in trying to
imitate the style of the unforgettable Professor Irwin Corey, D.D
(Doctor of Double Meaning), Phd (Licensed Holistic Farmer), D.O (Doctor
Osteopathy and Other Quackeries), D.P. (Doctor of Poison Control and
Psychiatry) .
Professor Corey delivered lectures that sounded profound until a week
later when you thought "what did he say?" Then you realized
you’d been taken. So what? It only cost a theater ticket. It reminded
you that all professions, including college professors and your
psychiatrist ride three-wheel bikes in illogical loops. They learn at
graduate school how to build big words out of perfectly good ordinary
ones with Lego blocks that mean nothing. To get a flavor of the shared
verbiage of the Court of Appeals and Professor Corey compare
his speech at the National Book Awards for author Thomas Pynchon
to Tropea
v Tropea (NY Court of Appeals,
1996).
If you live in another state, the Tropea site will direct you to your
very own Tropea.
Advantages of not showing your face at all
The family law empire hates men. Period. Just like Mohammedans hate
Christians, not you in particular, but all Christians, even those who
couldn’t write one sentence on Jesus. Jews they hate for other
reasons. They don’t need photographs.
Realize that family law is microwave food. It’s already prepared
before you come. Just heat and eat. And don’t think you’ll be
invited to the table.
Let the judge impose his judgments of divorce. It may be the frying
pan. But its still better than jumping into the fire at the system’s
beck and call. Let him know you are ashamed this is what passes for
impartial law now.
Psychological
In most cases it’s better to do nothing and let the court do its
worst. Don’t bring the rope to your own lynching. You are defending
against a "family" breakup by the state. Once either spouse
files for divorce the state has free rein to walk right all over your
your brain with their psychiatrist, your house with an interior
director, appoint a trustee to run your business and change everything
forever.
You will be "dumped as a father" whoever is at fault. All
parents make mistakes. If that were the criterion, the state would raise
all children. It uses divorce just to move unnoticed like the hour hand
toward that end. Don’t help it speed up the clock by winding your
divorce into a cyclone. The less everyone in the system has to do, the
more likely they are to fall asleep out of boredom, the fewer financial
incentives they have for stretching your lives out on their rack, the
sooner they’ll drop the whole thing.
Cheating may be so widespread that no individual can stop it. The
stock market is an example. But you don't have to play the game. The
establishment hasn’t a clue why street-smart little people won’t get
back in the market. Clinton made lying a fashion rather than a weakness
we all suffer from. Now It is done in a flourish right out in the open
from corporate America, to the media and the courts right up to the
Supreme Beings. Your going to have to play the game. But play it on your
own timetable when you are good and ready.
You don’t have to give up on custody or visitation. Just have faith
that circumstances will rot away at the judge’s rickety monument to
his ego and the psychiatrist’s and social workers tacky arrangements
to prop it up with their saliva. But you have to let time take its
course.
Recognize that for men who know what they want the Court is a milk
stop on your destination, an obstacle to get around, not a sanctuary to
walk into. For a moment, it is better to let your children be filched
from you by the judge . 2
Think in the longest perspective. What will you tell your children
later? That you willingly signed them away out of fear of a bigot and
incompetent? If judges were component, they’d practice law on
unsuspecting clients. Lawyers earn the highest per capita income in the
New York area, four times what judges make. What is true in New York is
true most everywhere else. Judges just get by. 3 That’s only one
reason why there are so many corrupt judges.
Legal
If you agree to the terms because the judge or your own lawyer
intimidates you (who told you to get a lawyer?) or, worse still,
bamboozles you, how can you complain later? You can’t appeal. Anything
you do "voluntarily" is unappealable.
Only women who as a gender are inherently weak need the protection of
the court from men’s scheming. Women never scheme. This isn’t
my argument. It is theirs! That’s how they get the juice out of a
separation agreement and then when it comes time for them to perform
they "collapse on the mercy of the court."
It is almost impossible for a husband to succeed in appealing his own
separation agreement. While the feminists talk about the strength and
equality of women, when it suits them they will argue that men have
better business sense and overreach. Courts regularly buy that argument.
It is almost impossible for women to argue overreaching when a judge
determines the conditions of the divorce.
When we men regain our equality under law, you may at least be able
to get out of future performance of the terms of a one-sided imposed
court’s judgment you clearly objected to.
Financial
If your financial circumstances turn south, it is easier to get a
downward modification if the original support or maintenance was jammed
down your throat than if you took it with your mouth wide open.
While the law says it is harder for her to get an upward modification
if she signed a separation agreement, don’t you believe it. Read Tropea
again and again and other like cases if you doubt me and see the many
ingenuous ways courts create whole novels. That’s why libraries should
move law reports in with "Gone With Wind" and "Anna
Karenina" in the fiction section.
An absolute prediction:
The New York Court of Appeals will refuse to hold your ex-wife to her
side of the bargain in the separation agreement after you
voluntarily gave her some advantage you negotiated in exchange for a
reciprocal advantage. Don’t be surprised if lazy Rehnquist and the
Supremes won’t hear your case. But they have time for every
half-witted rag doll the ACLU drags in.
For further detail please read the Supreme Court’s hypocritical
Domestic Relations Exception
The single most foreseeable event after a divorce is that one (or
both) of the spouses will want to get out of a radius clause to remarry
(the most expected consequence of a divorce) or relocate for economic
reasons (often a ploy). That is one of the very reasons they entering
into a separation agreement in the first plac: to put a lid the movement
of the custodial spouse.
Usually the fathers pays more support than the law requires.
Furthermore, in Tropea, the cause of the divorce was the wife’s
adultery with the man whom she wished to relocate. Tell me the court
didn’t have this microwave dinner ready to be heated up before the
parties submitted their briefs.
A full-time father who shared his son’s enthusiasm for baseball and
Little League was already kicked down to uncle status. The boys were
woven into the fabric of their father’s family. This sick Court turned
up its caustic humor and jokingly wrote that moving with the mother who
cared little for the boys was in the best interest of the children.
Sam Levinson was wrong. We don’t inherit our insanity from our
children. We project our insanity on anybody’s children.
What I think is a joke today, the Court of Appeals steals from my
stand-up routine tomorrow. They are capable of no illogic so great it
leaves you any longer going "huh?". When you have the fate
of a brain the size of a mustard seed it can move mountains of words and
believe any arrangement possible. If you are not famiiar with the
Bible you will miss the pun. The Court of Appeals would. Their education
sounds like it stopped with playing the number’s racket.
[F]or verily I say unto you, If ye have faith as a grain of
mustard seed, ye shall say unto this mountain, Remove hence to
yonder place; and it shall remove; and nothing shall be impossible
unto you. Luke
1. Only the President can conduct foreign relations. But sometimes
his domestic relations influence it. See war.
2. What can possibly happen to your children under the supervision of
social services? Maybe they’ll be lucky and the State will forget
where it put them.
3. Look who parks the Porsche. The lawyers. Judges have a special
parking area to hide their scrap metal on wheels. But most of the time
their cars are on the lift in a service station. They have to walk as
far to the courthouse as the janitors.
4. Contracts are useful because they make the future
predictable. We thus mutually forfeit rights to achieve stability,
just what the court with surgical precision removed in Tropea.
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