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Divorce and the Legal System
Posted 2/24/2009 @ 10:36:25 pm by FAMILYHOMEMAKER.COM
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I’ve been away about three weeks. I plan to share with my readers some of the lessons learned in my absence. They deal with a family member’s divorce and my efforts to find an income source following the divorce.
First, the divorce began two years ago. The trial judge hearing was completed Feb. 19th and resulted in a most distasteful conclusion. Through out these two years the husband has refused to comply with request for legal documents. Though compelled to comply he has continued to stall and avoided producing requested documents up until the last moment. 
Through out the trial he lied repeatedly. For whatever reason a judge decides the truth of a testimony and his decision determines the settlement. In this case he chose to believe the husband, a 62 year old retired US Marine instead of testimony given by the wife of 12 years and a childless marriage.
The wife entered the marriage with a full six-room house of reasonably good furniture. Furniture that she received from the time she was in high school and a college student. Furniture she continued to accumulate form 1984 until the 1997 marriage. Furniture purchased at antique shops, flea markets, family heirlooms and loaners from friends.
She also acquired a very fine collection of personal jewelry. Some purchased, most gifts from parents and family heirlooms.
Until the final divorce document has not been signed, she may retain the furniture and jewelry, which was falsely claimed by the husband. Unless the judge will grant a motion for a rehearing relative to the disposition of the jewelry and furniture, she is required to turn both over to the husband.
The judge did award a small monthly support payment to continue for an additional 14 months and he required all legal fees, attorney, appraisers, accountants, etc to be paid by the husband. These fees amount to a figure just over $100,000.00. His estimated value of furniture and jewelry amounts to about the same figure. Tit for Tat!
Where is the justice with this legal decision? Having been involved in a different court case some years ago, I am not very positive on the subject of the fairness of our courts.
This judge indicated that this case “cries out for an appeal”. Ordinarily a case appealed will only win 20% of the time. If the judge’s decision for the husband to pay legal fees extends to an appeal, there may yet be hope for justice. However, this case has taken two years of many lives and an appeal will require additional time.
Women young and old are exposed to less than reasonable divorce settlements. The rich and famous divorces get all the attention, while the ordinary citizens are ignored.