Monrovia – The wife of Grand Gedeh County Senator G. Alphonso Gaye has filed an action of divorce against her husband.
Report by Bettie K. Johnson-Mbayo/ [email protected]
According to court’s record which is in possession of FPA, Mrs. Gaye action emanated from what she termed as “incompatibility of temper”.
David Gibson, the lawyer representing Mrs. Gaye filed a petition for Alimony Pendent Lite and Maintenance Support, growing out of the case of Action for divorce for incompatibility of temper.
The term “alimony pendente lite” is defined as an order for temporary support granted to a spouse during the pendency of a divorce or annulment proceeding. The term “spousal support” is defined as care, maintenance, and financial assistance. In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support, and reasonable counsel fees and expenses.
Incompatibility of temper is when the defendant is so “extremely quarrelsome and intolerably pugnacious” (causes too much confusion) to the plaintiff that life together becomes dangerous to the plaintiff. Here the plaintiff must say when the behavior started, and the behavior must be proved.
“Incompatibility” does not refer to small misunderstanding, but only to conflicts between personalities which are so deep that they can never be resolved, making it impossible for the marriage to continue.
According to Mrs. Gaye, the union was blessed with three children namely Alphonso, (15), Sylvester (10) and Divine (4) and are currently with her while she provides maintenance and support for them.
“Petitioner’s petition submits and says that Sylvester and Alphonso are attending Light International Turkish School in the ninth and sixth grades respectively. As for Divine, who was introduced to schooling last year during second semester, is not presently in school because respondent (Alphonso) refused to pay her tuition…”
The Senator’s wife requested the court to tell her husband to be responsible for the medical bills, maintenance and support for the children in the amount of US$2,500 monthly to cover feeding, clothing, lunch and money to take care of their special needs of Divine.
She asserted that the court should order her husband to also be responsible for the rental fees for 2016 since respondent (Gaye) rented out and received the lease rent for their property that she wanted to occupy during the pendency of the divorce and beyond.
“Petitioner has found an alternative place for petitioner and children to occupy for an annual rental US$2,500.00 in Congo Town; Petitioner says the request is reasonable and just in view of the fact that Defendant has already rented out their property that would have been ideal for petitioner and children to move in,” the petition indicated.
In count 6 of the petition, Madam Gaye added that her husband must be responsible to maintain her at the level she has been used to living for the past 16 years of their marriage and as such the petitioner requested for a “reasonable amount of US$50,000.00”.
“Wherefore in view of the forgoing petitioner, most respectfully prays this honorable court to grant her petition and order the respondent to pay a t least US$2,500 against her monthly maintenance and upkeep the family, US$2,500 for rent and US$25,000 against petitioner’s maintenance and further grant any and all other and further relief deemed legal and equitable,” the petition further requested.
In Liberia, there are different kinds of divorce. The 2003 “Equal Rights of Customary Marriage” Act (the one we call the Inheritance Law) says that customary or traditional marriages have the same legal rules as statutory or church marriages.
This means that the husband and wife in a customary marriage have the right to go to the court and sue for divorce in the ways described below.
Finally, although the law requires one spouse to sue the other for divorce, in practice the husband and wife who no longer wish to be married can often reach a settlement of divorce in a more friendly way (this “friendly agreement” must be accepted by the court).
However, in practice many customary marriages are ended according to customary rules and traditions – the husband may, however,, not “give his woman back” without this being sanctioned by a relevant State institutions.
For example, a traditional marriage may be terminated under Liberian law if done before a traditional leader such as a paramount chief or even before the Ministry of Internal Affairs.
However, it is important to remember that, even if the marriage is ended in this traditional way, the husband cannot ask for the dowry to be returned, because dowry is a gift, not a payment for the woman.