Tuesday, May 22, 2007

Thanks for the crossed fingers

The divorce will be final Wednesday 05/23/07 at 10am.
The 10th trial date is the charm...

All the stops were pulled out, one senior partner helped with case preparation this morning, the other made a surprise appearance so they could double time the hired bitch and the magistrate. Both my wife and her lawyer were visibly distraught at seeing two lawyers representing me today. She was out gunned. She couldn't get to the magistrate because one of my lawyers kept him busy. Her newest property demand was cut 10 fold. Her tax demand stood, but I have an investment advantage of long term capital gains and settlement by alimony to fairly well offset that.

My firm demand for automatic visitation update on job hours changed was met with only a scheduling compromise. She wasn't happy about that at all, she wanted all weekends for herself. This will give me a 7 hour block per weekend, every weekend (alternating Sat & Sun). No one thought this possible, including my lawyers.

This is still a gigantic hit and hurts bad. She did fairly well considering what she should have been entitled to. But guess who the real winners are? Yup, the lawyers. Mine will receive $40K. Hers will receive $30K up to March 2007 plus preparation for 5 more days in court for another $7K to $15K. My wife's share of her legal fees will be $25K to $32K to be taken off the top of her $30K settlement from me. So her lawyer got her a net $5K to -$2K settlement for 12 years of marriage.

I am protected from the $30K reduction the judge imposed on her lawyer because of my active involvement in the case. I have been asking for more documentation. I made a final demand that I could not pay opposition fees without documentation. I do not find similar protections for my wife in the documentation I received today and reviewed so far.

There was the signing process, initialing all handwritten changes, so she couldn't renege while it was being retyped as she has often done. Then there was the divorce ceremony. "Parties raise your right hands, I do solemnly swear or affirm..." As Plaintiff, her lawyer started the questioning, Your name, age, address, lived in county 6 months, one child born, grounds for divorce, did you sign a separation agreement, do you understand it, is it fair and equitable, did you disclose all assets and debts, did you sign a parenting plan, do you believe it to be in the best interest of the child, is it your intention to get divorced?

Shortly after the questioning started, my wife held her hand to her face to hide her crying, her lawyer made a fuss, the magistrate handed her a box of tissues. Boy for someone who fought like a bitch ya sure can turn on the waterworks. I've seen her do this before. Her answers were barely audible.

Then it was my turn. When asked if I certain questions I left a long pause and looked at my lawyers before answering yes. I committed perjury on advice of counsel. The answer wasn't yes, but the game is, if you don't answer yes, you go back and pay the lawyers more. For the fair and equitable question I said, "I have disagreements", the magistrate stopped writing and looked up, "but on advice of counsel my official answer is YES"

I wasn't trying to be a smart ass, my lawyer almost shit, the senior partner smiled, he knew, it was my passive protest, he expected it, he was OK with it.

I had to open a bank account and post bond for child support and her lawyer was all pissy about completing that so I had to do it today, but that will work out because I rescheduled today's visitation for Friday and hope to take my son to see Pirates of the Caribbean 3. Opposition counsel wanted to go back to court tomorrow just to see proof of my bond posting. That way she could charge my wife over a months child support to make sure I posted bond which is what the enforcement agency already does for a 2% fee of the child support. Notice a pattern, all BIC, ya think?

My lawyers took me to lunch off the clock. The senior partner enjoyed my ideas so much he offered to take me to dinner and drinks. Or maybe he just wants to bribe me not to file a grievance.

My mood, relieved that I won't have the hired bitch to deal with any more. Most of my sadness was when my son was taken out of his home, so no tears being shed by me now. I've had over two years to get ready for this day.

I'm sad that so much time, energy, and money was lost, for what, my wife's need to extract what vengeance she could. It isn't like she got a better settlement, her lawyer will take much of it. But she bought into the hire a lawyer and I'll fix him bullshit. And it was all based on emotions, not fact, not law, she thought she was entitled to half of everything I had since birth. Well the law is since marriage. And you wasted a ton of money to prove that.

I'm concerned about my mid-term horizon. I'm on thin ice. The house is at risk.

One creditor has filed civil suit against me. So, I'll still be in court.

Still lots of stuff to do...

Phase III Trial avoided.

Phase IV custody mediation will start in a month...to last another year plus.

Status: First Draft last updated 05/23/07 06:45 am

4 comments:

Anonymous said...

Oh John! Finally! You must be shell shocked over this! Has it even sunk in yet??????

Determined said...

Yay, John!!! I'm so happy for you. Although I hate a divorce, I'm only cheering because your rollercoster ride is over!

Lara Croft said...

I really enjoyed reading that post, it has a happy ending :-)

guttergirl said...

I am happy to hear that part of your journey has come to an end. It was a long hard battle. I hope you can now find some peace.
Congratulations!