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Michael可不可以和Terri离婚?
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Michael可不可以和Terri离婚?# Law - 律师事务所
v*i
1
从法律角度上?
或者,Terri的父母可不可以替Terri和Michael离婚?有没有这方面的判例?
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f*w
2
on law, Michael speaks for Terri. If Terri(through Micheal) wants to divorce,
the issue will become "Micheal asks the court to allow him to divorce
himself". Technically, court can do this, but Micheal just does not want to
divorce "himself".

【在 v**i 的大作中提到】
: 从法律角度上?
: 或者,Terri的父母可不可以替Terri和Michael离婚?有没有这方面的判例?

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c*i
3
Nice try, but Freelaw's arguments has no basis in US law.
Just look at Nancy Beth Cruzan. Even in persistent vegetative state, she,
still
living, has her rights and was a petitioner, together with her parents who
were co-petitioners and her co-guardians) all the way to US Supreme Court to
have her feeding tube removed. (She failed because she did not expressly state
her intention should she ever turn into such a sorry state). IF her parents
(as guardians) had spoken FOR her (and Mr. Michael Schi

【在 f*****w 的大作中提到】
: on law, Michael speaks for Terri. If Terri(through Micheal) wants to divorce,
: the issue will become "Micheal asks the court to allow him to divorce
: himself". Technically, court can do this, but Micheal just does not want to
: divorce "himself".

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v*i
4
谢谢choi回答.
问个题外话,为什么Michael不和Terri离婚呢?或者说,Terri的父母这么想让女儿活着,为
什么不试图说服Michael离婚呢?

state
of
her
[meaning
and
to

【在 c**i 的大作中提到】
: Nice try, but Freelaw's arguments has no basis in US law.
: Just look at Nancy Beth Cruzan. Even in persistent vegetative state, she,
: still
: living, has her rights and was a petitioner, together with her parents who
: were co-petitioners and her co-guardians) all the way to US Supreme Court to
: have her feeding tube removed. (She failed because she did not expressly state
: her intention should she ever turn into such a sorry state). IF her parents
: (as guardians) had spoken FOR her (and Mr. Michael Schi

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c*i
5
I followed, but paid no attention to, Ms. Terri (I typed Terry in the previous
posting) Schiavo. Officially (in the court, that is), the husband said the
fight to end her life was based on principle: When she was well, she once said
she did not want to live like this. Her biological family said they had never
heard this, and that the husband and his siblings brought this up several
years after Terri's mishap. It does not matter because the state courts of
Florida apparently believed the husband'
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v*i
6
Thanks for the follow-up.
I did not quite follow this case. And I guess with the subduing public
attention, we would never find out what the true story is. Nevertheless I am
not particularly curious in finding out what they (Michael or Terri's parents)
were really thinking in this battle, for love or money. Just the fact that
American law system, albeit sophisticated and completed as I used to think,
still has grey area, makes me think...

previous
said
never
,
custody
the
emotional
mentionable

【在 c**i 的大作中提到】
: I followed, but paid no attention to, Ms. Terri (I typed Terry in the previous
: posting) Schiavo. Officially (in the court, that is), the husband said the
: fight to end her life was based on principle: When she was well, she once said
: she did not want to live like this. Her biological family said they had never
: heard this, and that the husband and his siblings brought this up several
: years after Terri's mishap. It does not matter because the state courts of
: Florida apparently believed the husband'

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c*i
7

parents)
_________My reply starts here.
I respectfully disagree with you. Your remark that "we would never find out
what the true story is" runs counter to the fact this case is extensively
litigated. You believe that "American Law system * * * still has gray area."
That may be, and you are entitled to your opinion. But from legal point of
view, this PARTICULAR case is quite narrow and unambiguious. I am clueless
about why you think there is gray area in THIS case.
The following, copied from a

【在 v**i 的大作中提到】
: Thanks for the follow-up.
: I did not quite follow this case. And I guess with the subduing public
: attention, we would never find out what the true story is. Nevertheless I am
: not particularly curious in finding out what they (Michael or Terri's parents)
: were really thinking in this battle, for love or money. Just the fact that
: American law system, albeit sophisticated and completed as I used to think,
: still has grey area, makes me think...
:
: previous
: said

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