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Update on my divorce

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TrustedHer posted 6/14/2014 18:13 PM

Quick recap for the newbies:

D-Day 1: 1/3/09
D-Day 2: 3/30/09
Filed: April, 2009
Lots of complications happened... Ending in a trial.
Trial ended August, 2012
Judge sat on it a year. Decision August, 2013. Over 4 years at this point.

My lawyer could not believe just how bad, one-sided, and error-filled the decision was. Filed for post-trial corrections.

New orders September 2013. They were even more one-sided, and had at least one new big error.

At least I was finally divorced.

But we filed an appeal to the District Court of Appeals.
Which joined a bunch of appeals in the queue from this procrastinating, man-hating judge.

Appeal involves a new retainer, a brief from my lawyer, a brief from her lawyer, a reply brief from my lawyer. Which is where we are now. I just received the reply brief in the mail.

Next come oral arguments to the appellate judges, and then they take the time to make their decision. Oral arguments haven't been scheduled yet, but a date has been requested.

It may be normal legal boilerplate, but I love the opening paragraph of the reply brief:

Appellant, "TrustedHer", will not respond to every point in Appellee, "XWW". Most are already fully argued in our opening Brief and we stand on those arguments rather than duplicating them here. We do not concede any of Appellee's arguments or statements unless we expressly so state.

In the body of the brief, he does not "so state" to anything.

I remain upbeat, but I'm really worn down by the length of this process.

And while this is all going on...

XWW is holding a check from the insurance company hostage. I had water damage in my house, her name is still on the mortgage, the insurers issued the check to me, her, and the bank. I sent it to her with a polite note, asking for signature so I could pay the contractor. That resulted in a letter from her lawyer asking me to turn over assets that are in the original orders, but that I'm appealing.

So I passively refused, and now the contractor is filing a lien against my house.

I figure I'll try to wait it out, get the decision from the court, and then deal with it at that point.

devistatedmom posted 6/14/2014 19:08 PM

TH....{{{hugs}}} You are one of the most patient, calm people I "know". I don't know how you have survived all this.

I hope they set the date SOON. I hope they see all the errors and have SOME of it go your way. It's ridiculous. Strength to you

caregiver9000 posted 6/14/2014 19:15 PM

Your timeline remains the most discouraging thing I have ever read on here. I STILL believe in right and justice... and I hope your outcome will buoy that belief.

(((hugs))) and all the court mojo in the world!!!

Helen of Troy posted 6/14/2014 19:20 PM

You've got the patience of a saint!
I hope things work out for you very soon.

osxgirl posted 6/16/2014 11:25 AM

As far as the insurance goes....

Have you tried to contact the insurance company and explain the situation? See if you can get them to void the previous check and pay the contractor directly.

She's an idiot for doing this. If her name is still on the mortgage, then a lien against the house affects her too.

nowiknow23 posted 6/16/2014 11:36 AM

When all this is finally over, we need to have a hell of a party. I'll bring the piņata.

Kajem posted 6/16/2014 22:06 PM

Sending SI mojo for justice to be served.

Yikes a year to make a decision... That's just wrong!!

TrustedHer posted 6/17/2014 07:55 AM

Have you tried to contact the insurance company and explain the situation? See if you can get them to void the previous check and pay the contractor directly.

I tried. No luck.

She's an idiot for doing this. If her name is still on the mortgage, then a lien against the house affects her too.

I never really thought this way before, but now I think you could have stopped this after the first 3 words.
Yikes a year to make a decision... That's just wrong!!

Wrong, and a violation of the Court's own 90 day guidelines, and a major point in the appeal.

My lawyer argues that the delay was a factor in the one-sided decision.

hexed posted 6/17/2014 08:57 AM

(((TH)))

ugggh! just ugh!

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