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DIVORCE: Fault and No-Fault

Divorce is the ending of a marriage ordered by a court. In Virginia. No-Fault grounds for divorce: No-Fault: (1) living separate and apart without cohabitation for 1 year; or (2) living separate and apart without cohabitation for 6 months if there are no minor children and the spouses have entered into a separation agreement. [Code of Virginia; Title 20, Section 20-91].

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Grounds: Fault Divorce

There are three principal players involved in your marriage that will also be involved in your divorce: you, your spouse, and the Commonwealth. You cannot simply break up, saddle your charger, and ride off into the sunset. Among other legal considerations, you have to give the Commonwealth an acceptable reason why you should be allowed to break up. The reason is known as the ground for your divorce. Over the years each state has enacted legislation that governs acceptable grounds.

Grounds  for Divorce in Virginia are:

(1) Adultery; or for sodomy or buggery committed outside the marriage;

(2) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);

(3) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or

(4) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months.  A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad litem to represent the insane defendant.

[Code of Virginia; Title 20, Section 20-91].

 

ADULTERY

Adultery is sexual intercourse between a married person and someone other than the spouse. In Virginia, neither cunnilingus nor fellatio, which the law defines as sodomy, is a ground for divorce and generally neither is considered adultery. The sexual intercourse must involve some penetration of the female organ by the male organ, but a "completion" of the sexual intercourse is not required.

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HOW TO PROVE ADULTERY

There probably is no such thing as a pleasant adultery case; because names, dates, places, paramours, and the like have to be brought out in the open. If your spouse no longer cares about what you know and is open about the affair, you're lucky. You can then catch your spouse flagrante delicto, which means you have your spouse in the flagrant wrong and may not have to worry about hiring detectives. However, you may still need a detective to prove your case in court. There is still a need for a corroborative witness, such as a mutual friend or neighbor, who has no stake in the matter except telling the court what he (she) witnessed.

Most adultery cases are proven by circumstantial evidence, which means that you have to establish that your spouse had the disposition and opportunity to commit adultery.

Public displays of affection, such as hand-holding, kissing, and hugging, between the guilty spouse and the paramour are generally sufficient evidence to indicate an adulterous disposition. Opportunity may be proven by showing that your spouse was seen entering the paramour's apartment at 11 P.M. and not coming out until 8 A.M. the following morning and that they were alone. If you can only prove disposition but not opportunity, the courts may not allow your divorce because the court may reason that it is just mere speculation. The same is true if you only show that there was opportunity, but cannot prove disposition. When you think about it, this seems to make sense.

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NAMING THE CO-RESPONDENT

Sometimes known as a paramour, the co-respondent is the person whom you charge as having committed adultery with your spouse. The co-respondent has the right to hire a lawyer and file an answer to your complaint. Naming co-respondents can get sticky, particularly if your facts are incorrect. You might be damaging the reputation of an innocent person.

THE ADULTERERS

Adulterers are not equal under the blanket of the law. In Virginia, adultery may impact custody if the adultery is proven to have harmed or impaired the children. Adultery does not necessarily affect alimony awards in Virginia. It will, however, be a factor for consideration in awarding alimony.

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CONDONATION

Generally, if you knew your spouse committed adultery but continued to live and cohabit with your spouse, then adultery cannot be used as a ground. Once you resume marital relations, after you learned of the adulterous act, the courts feel that you have forgiven, or "condoned," the act. But, if your spouse starts having affairs again, you can then sue on grounds of adultery. Or, if your spouse has had several affairs and you knew of and condoned only one, you may file on adultery regarding the newly discovered affairs.

In Virginia, however, condonation does not necessarily bar the action for divorce; it now only a "factor for consideration."

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CRIMES

If your spouse has been convicted-not simply charged-of a crime, that is a ground for divorce in Virginia. The conviction can be for either a misdemeanor or a felony in any state, and the spouse has to serve at least 12 months of a minimum three-year sentence in a penitentiary or penal institution.

Just some wisdom

"Maybe God wants us to meet a few wrong people before meeting the right one so that when we finally do meet the right person, we will know how to be grateful for that gift. Maybe when one door of happiness closes, another opens, but often at times we look so long at the closed door that we don't see the one which has been opened for us. The best kind of friend is the kind you can sit on a porch and swing with, never say a word, and then walk away feeling like it was the best conversation you've ever had. It's true that we don't know what we've got until we lose it, but it's also true that we don't know what we've been missing until it arrives. Don't go for looks; they can deceive. Don't go for wealth; even that fades away. Go for someone who makes you smile because it takes only a smile to make a dark day seem bright. Find the one that makes your heart smile. Do something nice for someone everyday even if it is to simply leave them alone. May you have enough happiness to make you sweet, enough trials to make you strong, enough sorrow to keep you human, enough hope to make you happy. Always put yourself in others' shoes. If you feel that it might hurt you, it probably hurts the other person, too. The happiest of people don't necessarily have the best of everything; they just make the most of everything that comes along their way. You may forget words someone said but you'll never forget how they made you feel. Live for you and never lose who you are for someone else because in the end, all you have is yourself. When you were born, you were crying and everyone around you was smiling. Maybe you should live your life so that when you die, you're the one who is smiling and everyone around you is crying.."

Orville Smith, a store manager for Best Buy in Augusta, Georgia, told police he observed a male customer, later identified as Tyrone Jackson of Augusta, on surveillance cameras putting a laptop computer under his jacket... When confronted the man became irate, knocked down an employee, drew a knife and ran for the door.

Outside on the sidewalk were four Marines collecting toys for the "Toys for Tots" program. Smith said the Marines stopped the man, but he stabbed one of the Marines, Cpl. Phillip Duggan, in the back; the injury did not appear to be severe.

After Police and an ambulance arrived at the scene Cpl. Duggan was transported for treatment.

The subject was also transported to the local hospital with two broken arms, a broken ankle, a broken leg, several missing teeth, possible broken ribs, multiple contusions, assorted lacerations, a broken nose and a broken jaw...injuries he sustained when he slipped and fell off of the curb after stabbing the Marine.

Now that was a well written Police report.  

EVIL MUTANT ATTACK SQUIRREL OF DEATH
I never dreamed slowly cruising on my motorcycle through a residential
neighborhood could be so incredibly dangerous! Little did I suspect.

I was on Brice Street - a very nice neighborhood with perfect lawns and
slow traffic. As I passed an oncoming car; a brown, furry missile shot out
from under it and tumbled to a stop immediately in front of me.

It was a squirrel and must have been trying to run across the road when it
encountered the car. I really was not going very fast, but there was no
time to brake or avoid it -- it was that close. I hate to run over animals
and I really hate it on a motorcycle but a squirrel should pose no danger.
I barely had time to brace for the impact. Animal lovers, never fear.
Squirrels, I discovered, can take care of themselves!

Inches before impact, the squirrel flipped to his feet. He was standing on
his hind legs and facing my oncoming Harley with steadfast resolve in his
beady little eyes. His mouth opened and at the last possible second, he
screamed and leapt! I am pretty sure the scream was squirrel for, "Banzai!"
or maybe, "Die you gravy- sucking, heathen scum!"

The leap was nothing short of spectacular! He shot straight up, flew over
my windshield and impacted me squarely in the chest.

Instantly, he set upon me. If I did not know better, I would have sworn he
brought 20 of his little buddies along for the attack. Snarling, hissing
and tearing at my clothes, he was a frenzy of activity. As I was dressed
only in a light T-shirt, summer riding gloves and jeans this was a bit of a
cause for concern. This furry little tornado was doing some damage!

Picture a large man on a huge black and chrome cruiser, dressed in jeans, a
T-shirt, and leather gloves, puttering at maybe 25 mph down a quiet
residential street and in the fight of his life with a squirrel. And
losing...

I grabbed for him with my left hand. After a few misses, I finally managed
to snag his tail. With all my strength, I flung the evil rodent off to the
left of the bike, almost running into the right curb as I recoiled from the
throw. That should have done it. The matter should have ended right there.
It really should have.

The squirrel could have sailed into one of the pristinely kept yards and
gone on about his business, and I could have headed home. No one would have
been the wiser. But this was no ordinary squirrel. This was not even an
ordinary angry squirrel.

This was an EVIL MUTANT ATTACK SQUIRREL OF DEATH!

Somehow he caught my gloved finger with one of his little hands and with
the force of the throw, swung around and with a resounding thump and an
amazing impact, he landed squarely on my BACK and resumed his rather
antisocial and extremely distracting activities. He also managed to take my
left glove with him!

The situation was not improved. Not improved at all.

His attacks were continuing, and now I could not reach him. I was startled,
to say the least. The combination of the force of the throw, only having
one hand (the throttle hand) on the handlebars and my jerking back
unfortunately put a healthy twist through my right hand and into the
throttle. A healthy twist on the throttle of a Harley can only have one
result.

TORQUE!

This is what the Harley is made for and she is very, very good at it. The
engine roared and the front wheel left the pavement. The squirrel screamed
in anger. The Harley screamed in ecstasy. I screamed in... well, I just
plain screamed.

Now picture a large man on a huge black and chrome cruiser, dressed in
jeans, a slightly squirrel-torn t-shirt, wearing only one leather glove and
roaring at maybe 50 mph and rapidly accelerating down a quiet residential
street on one wheel, with a demonic squirrel of death on his back. The man
and the squirrel are both screaming bloody murder.

With the sudden acceleration I was forced to put my other hand back on the
handlebars and try to get control of the bike. This was leaving the mutant
squirrel to his own devices but I really did not want to crash into
somebody's tree, house or parked car.

Also, I had not yet figured out how to release the throttle... my brain was
just simply overloaded. I did manage to mash the back brake, but it had
little effect against the massive power of the big cruiser.

About this time the squirrel decided that I was not paying sufficient
attention to this very serious battle (maybe he was an evil mutant NAZI
attack squirrel of death), and he came around my neck and got INSIDE my
full-face helmet with me.

As the faceplate closed part way, he began hissing in my face. I am quite
sure my screaming changed intensity. It had little effect on the squirrel,
however. The RPMs on the Dragon maxed out (since I was not bothering with
shifting at the moment), so her front end started to drop.

Now picture a large man on a huge black and chrome cruiser, dressed in
jeans, a very raggedly torn T-shirt, wearing only one leather glove,
roaring at probably 80 mph, still on one wheel, with a large puffy
squirrel's tail sticking out of the mostly closed full-face helmet. By now,
the screams are probably getting a little hoarse.

Finally I got the upper hand.... I managed to grab his tail again, pulled
him out of my helmet, and slung him to the left as hard as I could. This
time it worked .. sort-of. Spectacularly sort-of... so to speak.

Picture a new scene.

You are a cop. You and your partner have pulled off on a quiet residential
street and parked with your windows down to do some paperwork. Suddenly a
large man on a huge black and chrome cruiser, dressed in jeans, a torn
T-shirt flapping in the breeze and wearing only one leather glove, moving
at probably 80 mph on one wheel, and screaming bloody murder roars by and
with all his strength throws a live squirrel grenade directly into your
police car.

I heard screams. They weren't mine... I managed to get the big motorcycle
under control and dropped the front wheel to the ground. I then used
maximum braking and skidded to a stop in a cloud of tire smoke at the stop
sign of a busy cross street.

I would have returned to 'fess up (and to get my glove back). I really
would have. Really...Except for two things.


First, the cops did not seem interested or the slightest bit concerned
about me at the moment. When I looked back, the doors on both sides of the
patrol car were flung wide open.

The cop from the passenger side was on his back, doing a crab walk into
somebody's front yard, quickly moving away from the car The cop who had
been in the driver's seat was standing in the street, aiming a riot shotgun
at his own police car. So, the cops were not interested in me. They often
insist to "let the professionals handle it" anyway.

That was one thing.

The other?

Well, I could clearly see shredded and flying pieces of foam and upholstery
from the back seat. But I could also swear I saw the squirrel in the back
window, shaking his little fist at me. That is one dangerous squirrel.

And now he has a patrol car.

A somewhat shredded patrol car... but it was all his.

I took a deep breath, turned on my turn-signal, made a gentle right turn
off of Brice Street, and sedately left the neighborhood. I decided it was
best to just buy myself a new pair of gloves. And a whole lot of Band-Aids.

"I can handle anything that life throws at me. I may not be able to handle
it well, or correctly or gracefully or even with finesse or expediently....
but I will handle it...."


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Love Defined


I have heard and even asked the question "Why do you love me?" probably a thousand times and when the answer was cause I do I always said that’s not an answer. Well the more I think about it maybe that is the answer.. I mean if they say cause of your cooking or your looks or any of the other hundreds of reasons we give daily what happens if those things change?? We are constantly changing and evolving so maybe the cause I do is the right answer..

I have always said that love is seeing someone just the way they are flaws and all (cause whether we want to admit it we all have flaws) and excepting that person just the way they are whether they be stubborn or a procrastinator.  Its part of what makes them who they are so we need to except those things instead of trying to change them.  I guess the big question is do I love this person enough to live with their flaws? Maybe that is the question we should ask instead of why do u love me??

When we first meet someone we "put out best foot forward" so to speak.. So in other words we aren’t ourselves  We show them the version of us we want them to see maybe the version of us we wish we were.  Well I say to hell with that be who you truly are. If you are most comfortable in jeans well wear them instead of the dress pants. We worry they wont like us but then we don’t show them us, we show them what we think they want. Wouldn't it save allot of time and heartache if we were just ourselves and didn’t pretend to be something else?? But no instead we all do it, some more then others. I don’t think it is done intentionally to hurt the other person in fact just the opposite but in the end that is exactly what happens...cause they don’t fall in love with you they fall in love with the version of you they were shown and sooner and later the real you will come out.

So I guess what I’m saying is be happy with who you really are and show the world that if you arent truly happy with you then change the things you like but dont expect someone else to change them you have to fix you before there can ever be an us...And when you are truly happy the world can see that.



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Scenario  1:

Jack  goes quail hunting before school and then pulls into the school  parking lot with his shotgun in his truck's gun rack.


1959  -
Vice Principal comes over, looks at Jack's shotgun, goes to his car and gets his shotgun to show Jack.


2009  -
School  goes into lock down, FBI called, Jack hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers.  


* * * * * * * * * * * * * * * * * * * * * * * * *


Scenario  2:


Johnny and Mark get into a fist fight after school.


1959  -
Crowd gathers. Mark wins. Johnny and Mark shake hands and end up buddies.


2009  -
Police called and SWAT team arrives -- they arrest both Johnny and Mark.. They are both charged with assault and both expelled even though Johnny started it.


* * * * * * * * * * * * * * * * * * * * * * * * *


Scenario  3:


Jeffrey will not be still in class, he disrupts other students.


1959  -
Jeffrey sent to the Principal's office and given a good paddling by the  Principal. He then returns to class, sits still and does not disrupt class again.


2009  -
Jeffrey is given huge doses of Ritalin. He becomes a zombie. He is then tested for ADD. The school gets extra money from the state because Jeffrey has a disability.


* * * * * * * * * * * * * * * * * * * * * * * * *


Scenario  4:


Billy breaks a window in his neighbor's car and his Dad gives him a whipping with his belt.


1959  -
Billy is more careful next time, grows up normal, goes to college and becomes a successful businessman.


2009  -
Billy's dad is arrested for child abuse. Billy is removed to foster care and joins a gang. The state psychologist is told by Billy's sister that she remembers being abused herself and their dad goes to prison.  Billy's mom has an affair with the psychologist.  


* * * * * * * * * * * * * * * * * * * * * * * * *



Scenario  5:


Mark gets a headache and takes some aspirin to school.


1959
- Mark  shares his aspirin with the Principal out on the smoking  dock.


2009
- The police are called and Mark is expelled from school for drug violations. His car is then searched for drugs and weapons.  


* * * * * * * * * * * * * * * * * * * * * * * * *


Scenario  6:


Pedro fails high school English.


1959
- Pedro  goes to summer school, passes English and goes to  college.

2009
- Pedro's cause is taken up by state. Newspaper articles appear nationally explaining that teaching English as a requirement for graduation is racist ACLU files class action lawsuit against the state school system and Pedro's English teacher.  English is then banned from core curriculum. Pedro is given his diploma anyway but ends up mowing lawns for a living because he cannot speak  English..  


* * * * * * * * * * * * * * * * * * * * * * * * *


Scenario  7:


Johnny takes apart leftover firecrackers from the Fourth of July, puts them in a model airplane paint bottle and blows up a red ant bed..


1959  -
Ants die.


2009 -
ATF, Homeland Security and the FBI are all called. Johnny is charged with domestic terrorism. The FBI investigates his parents  -- and all siblings are removed from their home and all computers are confiscated. Johnny's dad is placed on a terror watch list and is never allowed to fly again..


* * * * * * * * * * * * * * * * * * * * * * * * *


Scenario  8:


Johnny falls while running during recess and scrapes his knee. He is found crying by his teacher, Mary. Mary hugs him to comfort  him.


1959  -
In a short time, Johnny feels better and goes on playing..


2009  -
Mary is accused of being a sexual predator and loses her job. She faces 3 years in State Prison.  Johnny undergoes 5 years of therapy.



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Humans originally existed as members of small bands of nomadic hunters/gatherers. They lived on deer in the mountains during the summer and would go to the coast and live on fish and lobster in the winter.

 

The two most important events in all of history were the invention of beer and the invention of the wheel. The wheel was invented to get man to the beer.

 

These were the foundation of modern civilization and together were the catalyst for the splitting of humanity into two distinct subgroups: Liberals and Conservatives.

 

Once beer was discovered, it required grain and that was the beginning of agriculture. Neither the glass bottle nor aluminum can were invented yet, so while our early humans were sitting around waiting for them to be invented, they just stayed close to the brewery. That's how villages were formed.

 

Some men spent their days tracking and killing animals to B-B-Q at night while they were drinking beer. This was the beginning of what is known as the Conservative movement.

 

Other men who were weaker and less skilled at hunting learned to live off the conservatives by showing up for the nightly B-B-Q's and doing the sewing, fetching, and hair dressing. This was the beginning of the Liberal movement.

 

Some of these liberal men eventually evolved into women. The rest became known as girlie men.

 

Some noteworthy liberal achievements include the domestication of cats, the invention of group therapy, group hugs, and the concept of Democratic voting to decide how to divide the meat and beer that conservatives provided.

 

Over the years conservatives came to be symbolized by the largest, most powerful land animal on earth, the elephant. Liberals are symbolized by the jackass.

 

Modern liberals like imported beer (with lime added), but most prefer white wine or imported bottled water. They eat raw fish but like their beef well done.  Sushi, tofu, and French food are standard liberal fare.

 

Another interesting evolutionary side note: most of their women have higher testosterone levels than their men. Most social workers, personal injury attorneys, journalists, dreamers in Hollywood and group therapists are liberals. Liberals invented the designated hitter rule because it wasn't fair to make the pitcher also bat.

 

Conservatives drink domestic beer. They eat red meat and still provide for their women. Conservatives are big-game hunters, rodeo cowboys, lumberjacks, construction workers, firemen, medical doctors, police officers, corporate executives, athletes, Marines, and generally anyone who works productively.

 

Conservatives who own companies hire other conservatives who want to work for a living.

 

Liberals produce little or nothing. They like to govern the producers and decide what to do with the production. Liberals also believe Europeans are more enlightened than Americans. That is why most of the liberals remained in Europe when conservatives were coming to America . They crept in after the Wild West was tamed and created a business of trying to get more for nothing.

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