Burris' best bet could be federal court
Legal News Feed
If Senate Democrats stick to their refusal to seat Roland Burris as a senator from Illinois, his best bet could be getting a federal judge to force open the Senate's doors.
Burris would be relying on a constitutional provision listing just three, easily met qualifications for the job and a 1969 Supreme Court decision rebuking the House for excluding an elected, though scandal-tarred, lawmaker.
So far, Senate leaders are unwilling to seat Burris because he was named by Illinois Gov. Rod Blagojevich, ensnared by allegations of corruption, to replace President-elect Barack Obama in the Senate.
Democrats and Obama have said the federal corruption charges against Blagojevich would strip credibility from anyone he appointed to the seat, although they do not question the integrity of Burris, a former Illinois attorney general. Blagojevich denies federal accusations that he tried to sell Obama's seat.
Senate Democrats are relying for the moment on a technicality — the refusal of the Illinois secretary of state to sign paperwork making Burris' appointment official. Burris' lawyers first are asking the state Supreme Court to take care of that problem.
But it is far from clear that Senate Majority Leader Harry Reid, D-Nev., would then relent and welcome Burris as a new colleague.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.