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Man seeks sword duel to settle divorce

| Feb 6, 2020 | Divorce |

Some who go through the JOY of Divorce find the experience of negotiating a fair and equitable settlement to be unsatisfying. Claiming he had been “destroyed legally” in divorce court, David Ostrom of Iowa came up with a solution to divorce negotiations that seems more apt for medieval times or Game of Thrones.

Ostrom made the unusual request in court documents that he wishes to challenge his ex and her lawyer to meet on the field of battle with swords where he will “rend their souls from their corporal bodies.” He requested 12-weeks-time to forge one Katana sword and one Wakitzashi sword for the battle.

But seriously

Trial by combat is apparently not banned in the United States and was used as recently as 1818 in British Court. This has led Ostrom and others to cite the option of a duel for resolving legal disputes. The wife’s attorney responded by requesting a suspension of Ostrom’s visitation privileges until a psychological evaluation is done. The judge did not officially respond to Ostrom’s request because it was not a proper procedural step.

Lethal violence is not an option

Litigation in high-conflict divorces can seem like a war:

  • There are battles won, lost, or fought to a draw.
  • There is considerable time spent researching an opponent and formulating an effective strategy.

But the legal system was put in place to avoid bloodshed and provide due process and equal rights under the law to everyone.

It is best to let the attorneys handle the battles

A Game of Thrones fan, Ostrom was using a bit of absurdity to shed light on what he felt was an unfair settlement even it was legal. These kinds of tactics may seem like a good idea. Still, it is best to leave resolution of a divorce to an experienced Board-certified Family Law expert attorney in Collin County, Dallas County, Denton County, and surrounding areas of Texas. Such an experienced Board-certified Family Law attorney can also help clients avoid irrational behavior (like Ostrom’s) that weakens their position on custody, dividing assets and other vital issues.

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