More Fun in Gloucester Virginia Court

My experience with the local court is not completely novice. Since 1997 I have had occasions for which I have been required to participate in their world. Back in those days, I was truly a novice and, in fact, so uninformed of what I SHOULD expect, that I accepted whatever they fed me. I spent time there getting protective orders against my first husband, following the required prescription to obtain a divorce from him, dealing with the details of child support enforcement, and such. I was quite tired by the end of it all, and not thrilled with the process, but happy to be free from the 17 year marriage. "Never again," I thought, "never again do I want to have to go through this nonsense."

In 1999 I remarried, determined this marriage would be different, convinced my new husband was 180 degrees different from my first and that we had a common goal, dream and love for each other. I won't go into the details of the fairytale that was not, but suffice to say, after what I consider a VERY diligent attempt to make the marriage work, I finally concluded, in 2008, that it was not to be. I asked husband number 2 to move out. I agreed to provide him $500 per month to help him get on his feet, but also reminded him, as I had throughout the majority of the marriage, that I expected HIM to get a job and contribute to his own support... the $500 I paid was in addition to paying for his health insurance, cell phone, gas card, credit card, car insurance, medical bills...etc. He was going to live back home with his mother -- his place of residence prior to our marriage in 1999.

He went, and I continued to work hard to fulfill the financial obligations of the marriage, to which he had never contributed a single penny, and to additionally help him with the monthly payments. After a year of this, and his failure to even attempt to find work, and his arrest for assault and battery on a family member (same troubles as he had in living with me) I requested from him a settlement agreement to free up the house so I could sell it, reducing my expenditures. He refused and I moved forward with the inevitable -- the divorce.

And there I was, back where I had promised myself I would never again be. Yes, yes, I had been there numerously in the intervening years, more protective orders, more hearings for assault and battery/domestic violence, more drug/alcohol related hearings, etc., etc....but here I was, back in Circuit Court of Gloucester, VA, seeking my second divorce.

I did not hire the attorney who had handled my first divorce, as I was of the opinion that since he had represented me and my husband in real estate related transactions, it would put him in a position of conflict of interest, as those transactions trace to factors material to this case. Instead, I hired the "kid next door" ... a younger, greener attorney two doors down on Courthouse Circle.

Wanting with all my heart to avoid the court house, I filed for a no-fault, uncontested divorce... that was in August, 2009.

My husband waited until after the allowable 21 days to respond, through his attorney, to the complaint for divorce. I was surprised to see the attorney he was using was my attorney from my first divorce and the same attorney who'd handled those subsequent real estate transactions. Immediately, I alerted my attorney, who notified the conflicting attorney and suggested he would support the conflicting attorney's stepping down from representing my husband.

I should have thought that was a slam dunk. But there I was wrong. The conflicting attorney responded, indicating he would not step down and assuring us that he had learned nothing in his several representations of me that would constitute a conflict of interest. Additionally, the response to my complaint for divorce was simple, my husband did not want one.....the conflicting attorney attached the demand for spousal support and discovery.

My attorney suggested we withdraw the no-fault complaint and refile with the fault-based complaint. I agreed, but wanted the conflict of interest challenged in court. That was October, 2009.

One thing I can say with conviction about this place, this little "Green Acres" type world is that NOTHING seems to be performed with any concern for timeliness. It was JANUARY 2010 before the new complaint for divorce, itemizing the domestic violence, the non-performance on financial or otherwise contributing to the marriage and the persistent environment of fear created by my husband as being the basis of my fault claim.

In early February, again from the conflicting attorney, came the response, this time a counter complaint for divorce....seems he now also wants one, but, again, wants that spousal support, the "equitable distribution of property," continued health coverage, a portion of my 401K and my retirement....when and if I am ever able to do so.... AND, he claims, he will not be able to work himself, due to "health issues" which he further describes in an email to me, as "I can't leave my comfort zone to go out to work..." (No, seriously, this IS what he said.)

So, back I go to that court house and to the court room where the esteemed (you KNOW he's esteemed, because he has white hair and wears a black robe) judge. I am here to assert the conflict of interest and the conflicting attorney is here to argue against it....

My attorney is excited...he KNOWS this is a conflict of interest and he KNOWS that no attorney would have even accepted my husband as his client, under the circumstances. I was called as the witness.

For more than 45 minutes I was questioned by both attorneys and the judge. When the conflicting attorney asked me to tell the court what information HE had that represent a conflict, I asked the judge if I had to answer that question. To my way of thinking, those things shared in confidence with the attorney should not be shared now with the court, or it would violate the client/attorney privilege...but, according to the "honorable" I had to tell the court what was confidential, so he could rule as to whether it would give an unfair advantage to the conflicting attorney and in turn to my husband....

I seriously could not believe my ears, but I gave an example of the things I had shared with the conflicting attorney....

More questions followed, with the conflicting attorney not only ASKING me questions, but ANSWERING them for me, with NO objection from my attorney, nor any reprimand from "his honor." No, I got the impression very early on that there was no way this judge would rule against "mr. king of the attorney hill" Gloucester, VA. My attorney tried to help but it was clear to me he lacked the clout. Nevertheless, before his ruling, the white-haired one called the two counsel into chambers, and there, the secrets, secrets kept ONLY from me, since there was NO court recorder, were shared.

When the trio returned and the court bailiff instructed me to "all rise," I did and then we all sat. Though old-white-hair had assured us he would "err on the side of caution" in making his ruling, he proceeded to rule as such, "I decline to remove 'mr. king of the hill' from this case. OK, big surprise... I'm getting it. I remember where I am now... in the "court of no record. Gloucester, VA."

Exactly, I wonder, how will I challenge this further?

I asked my attorney for his advice, and he recommended we move forward to the next stage, the already scheduled, Pendente Lite hearing, the one where the judge determines who will pay what bills pending the decision on the divorce and equitable distribution, and in which he assigns any "temporary" spousal support..... after THAT hearing, suggested my attorney, if I was interested in appealing, he'd give me the name of the appeals guy (is there only one?)

Not at all comfortable, but still wanting to believe I am paying an expert for expert opinion, I proceeded to hold on and move forward to that P/L hearing....what happened is another story.....