Taking No-Fault Divorce a Bit Too Far

In November 1995, David and Christine Alexander decided to get a divorce and David helped Christine move her things out of the couple’s home in Canada. In the middle of the moving process, Christine Alexander pulled out a handgun and shot her husband point blank in the face once and then repeatedly bashed him on the head. David Alexander survived.

Christine says she’s not sure why she tried to kill her husband, but it definitely wasn’t for self-defense. She was convicted of attempted murder in 1997 and paroled in 1999. Since her husband was fortunate enough to survive, she is now suing him in divorce court to obtain part ownership of the former couple’s house as well as temporary financial support.

And she’ll probably get it. Canada has a strict “no fault” divorce law that precludes any testimony about a married couple’s prior behavior, possibly including details about a murder attempt. According to family lawyer Philip Epstein, “Her conduct isn’t admissible under the Divorce Act. Technically speaking, the fact that she shot him in the face doesn’t bar her from a support case.”

If she wins such support, it would likely be the first time in Canadian history that a victim of a murder attempt was forced to compensate his attacker. That’s taking the principle behind no fault divorce a bit too far.

Source:

Victim is sued for support. Martin Patriquin, The Toronto Star, January 23, 2001.

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