Christopher Everett Stone v. Iryna Hermanova Stone nka Iryna Hermanova Mokhoshchokova
DueProcess Privacy
Do the First, Fifth, Thirteenth, or Fourteenth Amendments bar a state from failing to issue, unilaterally revoking, or deferring reissue of a divorce decree after making 'irretrievably broken' findings, thus effecting forced remarriage and involuntary servitude?
In accordance with the Uniform Dissolution of Marriage Act, Colorado Revised Statute 14-10-106(l)(a) mandates “The district court shall enter a decree of dissolution of marriage... when..The court finds that the marriage is irretrievably broken ”. A court also lacks jurisdiction to remarry anyone without consent. And by state law, decrees are permanent even if issued in error. Colorado statute and case law also requires courts to explicitly reserve jurisdiction to divide property when it does not divide property upon decree issuance, and under no circumstance allows more than 63 further days to divide property after required decree issue. The two questions presented are: 1. Do the First, Fifth, Thirteenth, or Fourteenth Amendments bar a state from: failing to issue, unilaterally revoking, or deferring reissue of a divorce decree (for nearly two years) after making ‘irretrievably broken ’ findings thus effecting forced remarriage and involuntary servitude? 2. Do the Fifth, Thirteenth, or Fourteenth Amendments bar a state from depriving property from a person during such servitude or peonage, in absence of jurisdiction, or by error? l