Texas Divorce Activist Targets No-Fault Intent

Mon Aug 7 12:01:38 EDT 2000

subject: Texas Divorce Activist Targets No-Fault Intent

from: Smart Marriages 

Note: This is not a press release issued by CMFCE/Smart Marriages.
I recieved this today and am forwarding it to you because
of it's interesting angle on "no fault divorce".  -diane sollee

> Truncellito claims that no one is married because the
>misinterpretation of the no-fault law took away all the previous
>protections of marriage, turning marriage into nothing more than
>"registered cohabitation."

>For 30 years, up to now, "unilateral
>divorce on demand" has been the practice in Texas courts. According to
>Truncellito, that was not Texas legislative intent.

P R E S S    R E L E A S E 

For Immediate Release, August 5, 2000

This month a Houston attorney, Ed Truncellito, is petitioning the Texas
Supreme Court to review the "no-fault" divorce laws, enacted 30 years
ago.  

Two years ago, Truncellito objected to the "no-fault" divorce filed by
his wife in Harris County's 246th District Court, but the divorce was
granted anyway.  His shock and frustration over that ruling set in motion
Truncellito's subsequent 1500-hour investigation into Texas divorce laws.
 In his research, he uncovered substantial problems with both the
language of the law and its implementation in the courtrooms.  He is now
asking the high court to sort out the confusion surrounding Texas
"no-fault" divorce law, which was enacted in 1969.

Truncellito believes that the law was meant for "uncontested-only" cases,
saying that this is clearly shown by all the commentary surrounding the
law's enactment.  In May, 1999, he appealed his divorce to the First
Court of Appeals in Houston, but they would not even discuss the no-fault
law. Instead, they denied him a 15-minute hearing and then penalized him
$4,500 for appealing. He claims that their unpublished decision, handed
down this April, is a sham.

While the Texas Supreme Court does not have to grant Truncellito his
requested hearing, they may find it hard to refuse.  He is inviting
others concerned about this problem to blanket the high court with pleas
to grant his petition-for-review.  

Two weeks ago, Truncellito set up a web site with information on how
others can get involved or how they can appeal their own divorces at
www.no-one-is-married.com. He claims that no one is married because the
misinterpretation of the no-fault law took away all the previous
protections of marriage, turning marriage into nothing more than
"registered cohabitation."

Truncellito, along with other supporters, will be stationed outside
Harris County's Family Law Center at 1115 Congress, starting Tuesday
morning, August 8, handing out information to couples headed for divorce
court.  He is hoping to solicit interest in his project from spouses who
wish to stop their own divorces. For 30 years, up to now, "unilateral
divorce on demand" has been the practice in Texas courts. According to
Truncellito, that was not Texas legislative intent.

The following week of August 14, Truncellito plans to file a $7.5 billion
lawsuit against the State Bar of Texas, alleging that they covered up
like Big Tobacco, who knew they had a destructive product. He insists
that the State Bar knew all along that the no-fault law was being
misapplied, but they covered it up for financial gain. Divorce attorneys
could guarantee divorce for their clients after the payment of the
requisite retainer fee. Then the divorce would frequently spawn
additional legal fees from future custody disputes, at three-digit hourly
rates.

With today's no-fault divorce practice in Texas, when one spouse says
it's over, the other spouse has no choice. Truncellito claims this is
mistaken, that no-fault was enacted for divorces only where both spouses
agree that divorce was needed, and that the Texas Legislature gave
spouses the right to refuse a no-fault divorce and demand proof of
grounds, such as abuse, adultery, or abandonment. However, because the
State Bar of Texas covered up, no one has listened.

Contact:  Ed Truncellito - 281-354-5869

#   #   #

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