Re: both parties commit adultery
Posted by:
mnbvh
()
Date: January 15, 2016 12:53PM
agree on splitting any resources quickly and file divorce without a lawyer
if you dont, they lawyers will demand so much money with false promises you'll both be broke
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+1 your right
unfortunately, if both claim it's true and only one can show it was, the other may suffer the blindness of the court. but the judge is supposed to be aware of that.
In aequali jure melior est conditio possidentis - When the parties have equal rights, the condition of the possessor is better.
in Roman law judges were loath to transfer money from one party to another. the reason why is that if the judge used "law" (usu. no force was used unlike today's courts that use force before knowing if it is)
to do so mean if the judge had errored in investigation, he was AT FAULT. if the money was GONE and spend: the judge OWED THE MONEY to the party
therefore: judges were loath to tranfer anything from one party to another