I see people break up with people all the time. It’s very sad – primarily because they could avoid all the problems associated with these breakups if they’d just learn the proper procedures. Of course, I recommmend that you seek legal advice when engaging in a break up but very few people do. Therefore, I will attempt to give you some insight into the break up process. Please note, however, that I am not a legal professional… I am a Notary Public and therefore so much more than that (I have my own stamp).
Now, the first step in a successful break up is to determine the jurisdiction of the break up. In general, the primary location of the relationship provides enough foundation to establish jurisdiction. In the event of an extended relationship that involves changing jurisdictions, the last permanent location of the relationship serves as the primary jurisdiction. In cases involving long-distance, multi-jurisdiction relationships, it is simplest to file for break up on a Federal level (see Columbus v. Columbus’ wife, 1492).
Ok, at this point you have determined to initiate the break up. The first step is to file a Notice of Break Up in the appropriate court. The Notice must be served on all parties involved in the break up. The Notice serves as the commencement of the action. Generally, upon filing of the Notice, both parties will cease all communication and maintain a level of awkwardness around each other while never actually resolving the situation or officially breaking up.
However, in some cases a couple may determine to actually officially break up. In this situation, the filing party (henceforth, the “Breaker”) will submit a Complaint detailing the reasons for the break up. At this point, the other party (henceforth, the “Breakee”) will have 20 days in which to submit a Reply brief. In addition, the Breakee may also file a Counter-Break Up in which he or she attempts to deny the initial Notice of Break Up and initiate a new Break Up on his or her own terms.
The Court will then become involved once the case has been fully briefed. Generally, the Court will issue a Stay of Friendship in which all friends are ordered to maintain their current relationships with the parties until the Break Up is completed. In extreme cases, a party may also file for a Dating Injunction, in which the Court orders the other party to desist from pursuing any new relationships until the resolution of the current dating dispute.
I should also mention that in some cases a Break Up may be dismissed. These are cases in which one or both parties feel that no such relationship existed in the first place (see Hinckley v. Jodie Foster, 1981). In other cases, miserable Breakers and Breakees may take matters into their own hands forcing the Courts to make a default judgement (see Romeo v. Juliet, A Long-Ass Time Ago).
In any case, break up can be an emotionally draining experience, but, with some research, you can negotiate the legal pitfalls and successfully fast-track your break up. In no time, you will be a breaking up whiz!