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milkmania
03-17-2005, 02:57 PM
HOUSTON -- The husband of Andrea Yates, who drowned the couple's five children in a bathtub, finalized their divorce Thursday in an agreement that gives her $7,000 in cash, a nursing chair and rights to be buried near the children.



Mom Who Drowned Her Kids Finalizes Divorce
http://www.newsday.com/news/nationworld/wire/sns-ap-andrea-yates,0,3189915.story?coll=sns-ap-nationworld-headlines

jsonova99
03-17-2005, 03:03 PM
I don't even know what to say about that. That's why I'm so afraid to get married. Now you come out the bad guy in a divorce even if your wife murders your children. I can't comprehend that. :rant:

milkmania
03-17-2005, 03:06 PM
there's not a lot of news that causes me tears....but this one hurts

any crime against children is hard for me to accept

jsonova99
03-17-2005, 03:08 PM
explain to me again why this woman didn't get the chair? Once that sinks in, then try explaining to me again why her ex-husband has to help support her?

MasterMason
03-17-2005, 03:09 PM
I think he showed remarkable restraint. If someone had done that to my kids I would have put a bullet in their head. And I wouldn't have cared who it was.

Leroy
03-17-2005, 03:13 PM
Milk; That's incredible. I can't understand what part of our law allows this.....(not that I know law).

Mag_Red
03-17-2005, 03:16 PM
Where's Rick when you need him?? :D

east tx skier
03-17-2005, 03:36 PM
Sounds to me like the guy was just happy to be out of that marriage. The $7K settlement wouldn't bother me so much (apart from general principal), but the retirement benefits would.

jsonova99
03-17-2005, 03:47 PM
I just don't understand how any judge could award this woman anything. This sets a horrible precedent and adds to the ora of men as the problem and women as victims. This guy got screwed royally. :noface:

east tx skier
03-17-2005, 04:05 PM
From my reading of that article, it appears that the court approved a divorce settlement reached between the parties as opposed to the matter being decided by the judge (bench trial) or a jury (jury trial). I don't know that that's actually the way it happened, but that's what I gather from the language of the article.

"Attorneys for Andrea and Russell Yates appeared briefly in state District Court. Each agreed to the decree."

Also, where there is a bench trial, state trial court's do not write opinions in Texas, and thus, there's no precedent. The judge in a state district court makes rulings on legal objections and motions and acts as a factfinder when the parties do not request a jury trial. A state trial court judge is not nececarilly bound by his own previous actions. He is bound by opinions of the intermediate appellate court for that district and the Texas Supreme Court, Texas Court of Criminal Appeals, and the United States Supreme Court under the principal of stare decisis. He's also bound by the laws as written by the State legislature, whether he likes it or not.

It certainly seems as if he wouldn't have much trouble proving "fault," thus making it possible to skew the fairness and equity of the settlement in his favor.

All that said, looks like they worked it out between themselves. There's something to be said for closure.

lakes Rick
03-17-2005, 04:11 PM
Where's Rick when you need him?? :D


Still single because of the law..

lakes Rick
03-17-2005, 04:12 PM
I don't even know what to say about that. That's why I'm so afraid to get married. Now you come out the bad guy in a divorce even if your wife murders your children. I can't comprehend that. :rant:

You should be afraid to get married........ Do you think us divorced guys make up these stories????

BriEOD
03-17-2005, 04:26 PM
You should be afraid to get married........ Do you think us divorced guys make up these stories????

So Rick, when are you and Patty getting hitched?

east tx skier
03-17-2005, 04:27 PM
Perhaps a prenuptial agreement would put your minds at ease?

OhioProstar
03-18-2005, 09:47 AM
Marriage should be like the democractic process. You sign on for four years and after that time you can re-up. If not both people go their own way.

lakes Rick
03-18-2005, 11:00 AM
So Rick, when are you and Patty getting hitched?

Never ever..

aprgriggs
03-18-2005, 11:19 AM
that guy has bad luck....she kills his kids and gets off light, then gets cash?????????????what.

east tx skier
03-18-2005, 02:23 PM
Marriage should be like the democractic process. You sign on for four years and after that time you can re-up. If not both people go their own way.

Our third anniversary is next week. I guess it's time to start working on my campaign.

/four more years! four more years! :toast:

east tx skier
03-18-2005, 02:25 PM
that guy has bad luck....she kills his kids and gets off light, then gets cash?????????????what.

Actually, she's getting a new trial.

/no comment as to the outcome of her appeal.

Ric
03-18-2005, 02:33 PM
that guy has bad luck....she kills his kids and gets off light, then gets cash?????????????what.
glad to see you sold the boat april
when do we see pics of the new one?

lakes Rick
03-18-2005, 06:17 PM
that guy has bad luck....she kills his kids and gets off light, then gets cash?????????????what.


Their really not the "fairer" sex.....

tex
03-21-2005, 09:30 AM
She wants to be buried next to the kids? I would agree in a heartbeat on one condition-Can we do it tomorow?