Some movies never get old. One of my family’s favorites is The Princess Bride. Remember this exchange following Buttercup’s “wedding” to Humperdinck?
Buttercup: Oh, Westley, will you ever forgive me?
Westley: What hideous sin have you committed lately?
Buttercup: I got married. I didn’t want to. It all happened so
fast.
Westley: Never happened.
Buttercup: What?
Westley: Never happened.
Buttercup: But it did. I was there. This old man said “man and
wife”.
Westley: Did you say “I do”?
Buttercup: Uh, no. We sort of skipped that part.
Westley: Then you’re not married. If you didn’t say it, you
didn’t do it. Wouldn’t you agree, Your
Highness?
Humperdinck: A technicality that will shortly be remedied. But
first things first. To the death.
Westley: No. To the pain.
I recently received a “divorce decree” issued by our judge following a trial. The decree addressed almost all the issues in the case, including child custody, child support, and division of property. What the decree failed to include, however, were words dissolving the parties’ marriage. Usually, divorce decrees include language such as, “the parties’ marriage is dissolved, and the parties are restored to the status of single persons.”
Just as there could not be a valid marriage between Buttercup and Humperdinck without Buttercup’s saying “I do”, a marriage is not dissolved until the judge says the right words. The lack of marriage dissolution language in the decree is a “technicality
By the way, I realize that the last part of The Princess Bride quote I included above (“To the death.” “No, to the pain.”) has nothing to do with this post, but how could I leave it out? It’s hilarious!
Copyright © 2011 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.