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Divorce/Separation Post Reply     Print Topic    
User Topic: Update on my divorce
TrustedHer
♂ Member
Member # 23328
Default  Posted: 6:13 PM, June 14th (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Take care of yourself. There's a great future out there. It won't come to you; you have to go to it.

Posts: 5141 | Registered: Mar 2009 | From: DeepInTheHeartOf, TX
devistatedmom
♀ Member
Member # 24961
Default  Posted: 7:08 PM, June 14th (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

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


BS(me) 46, Two wonderful teens.
He is no longer my best friend. Repeat until it sticks.

WH says marriage is over: May 15, 2009.
EA#2 July 20, 2009. Legally sep: Aug 16, 2009. DIVORCED!!!! Signed Nov 23, final Dec 24, 2010, adultery listed.


Posts: 5430 | Registered: Jul 2009 | From: Canada
caregiver9000
♀ Member
Member # 28622
Default  Posted: 7:15 PM, June 14th (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

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!!!


Me: 44, independent, happy, despite co-parenting with a lower muppet
FT "Stretch" (and Skew!) ;)
DS 13 DS 10
S 5/2010
D 12/2012

Posts: 5777 | Registered: May 2010 | From: a better place
Helen of Troy
♀ Member
Member # 26419
Default  Posted: 7:20 PM, June 14th (Saturday), 2014View ProfileEdit MessagePrivate MessageHomepage

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

Posts: 4693 | Registered: Dec 2009
osxgirl
♀ Member
Member # 8795
Default  Posted: 11:25 AM, June 16th (Monday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Posts: 2389 | Registered: Nov 2005 | From: Maryland
nowiknow23
♀ Guide
Member # 33226
Default  Posted: 11:36 AM, June 16th (Monday), 2014View ProfileEdit MessagePrivate MessageHomepage

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


You can call me NIK

"Sometimes it takes a good fall to know where you really stand."
-Hayley Williams


Posts: 25073 | Registered: Aug 2011
Kajem
♀ Member
Member # 36134
Default  Posted: 10:06 PM, June 16th (Monday), 2014View ProfileEdit MessagePrivate MessageHomepage

Sending SI mojo for justice to be served.

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


I trust you is a better compliment than I love you, because you may not trust the person you love, but you can always love the person you trust. - Unknown
Relationships are like sharing a book, it doesn't work if you're not on the same page.

Posts: 5017 | Registered: Jul 2012 | From: Florida
TrustedHer
♂ Member
Member # 23328
Default  Posted: 7:55 AM, June 17th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

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.


Take care of yourself. There's a great future out there. It won't come to you; you have to go to it.

Posts: 5141 | Registered: Mar 2009 | From: DeepInTheHeartOf, TX
hexed
♀ Member
Member # 19258
Default  Posted: 8:57 AM, June 17th (Tuesday), 2014View ProfileEdit MessagePrivate MessageHomepage

(((TH)))

ugggh! just ugh!


But that's just a lot of water
Underneath a bridge I burned
And there's no use in backtracking
Around corners I have turned

“Many of us crucify ourselves between two thieves - regret for the past and fear of the future.” -foulton oursler


Posts: 8439 | Registered: Apr 2008
Topic Posts: 9

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