I was perplexed in the courtroom that day, now approaching three weeks ago.
Conflicted Counsel told the Court that I had provided no documents from which he could determine my income. "Funny," I thought, "I'm certain my attorney's paralegal forwarded me copies of the documents she filed with the Clerk three days prior to the pendente lite hearing." In her email it also indicated Conflicted Counsel had been copied... so why was he saying there were no submissions and why did the Court not correct his statements?
Well, today, while I am out of town on business and cannot actually DO anything on my own case, I thought, "at least I can perform a little research." I decided to look my case up on-line and I discovered a little something. My case is there and I can see the hearings that have taken place and the different documents that have been filed and placed in my file. Now I cannot see the details of them, just the type of document, etc.
It was with little surprise that I discovered there were documents missing from my file, or at least from the on-line documentation thereof. While it shows the Conflicted Counsel filed MY income sheet two days prior to the pendente lite hearing, it shows no evidence of my proffers and income/budget sheet having been filed...then or ever.
And I have to wonder why?
When I return to the quaint little town with the seriously oversized court house next week, I intend on going in to visit the Clerk of the Court and getting some answers. If those papers are not in my file, there is someone who will be explaining a little something to little old me!
Showing posts with label Divorce. Show all posts
Showing posts with label Divorce. Show all posts
Monday, May 10, 2010
Sunday, May 9, 2010
Ma'am, You Are Not Allowed In the Court Room
In the Circuit Court in this fine county of Gloucester, VA, Fridays are the days upon which matters of divorce are heard. The "Pendente Lite" hearing in my own divorce was held on a Friday two weeks ago. The problem with any of this is that I don't really understand what is going to happen, until after it happens. Sadly, by then it is a little too late. So, having been sorely disappointed in the judge's refusal to hear any fault OR to consider my budget worksheet before issuing his Pendente Lite order for spousal support and more, I decided I needed to educate myself.
My attorney is not the strategical technician I need to succeed in this matter. After all, it is my attorney who failed to inform me that there would be no court recorder for the hearing on my motion to dismiss adverse counsel for conflict of interest, held three weeks prior. Silly me, when I saw no human sitting there capturing the proceedings, I presumed there was electronic recording....when I called the Clerk of the Court to inquire on the transcript, I was informed that, unless one of the parties had provided a court recorder (person), there was no transcript...it was, afterall, a "court of no record." Well, live and learn....
So, I decided to take a vacation day from work Friday and spend that time in my first "seminar"....right there in the very same court room, with the same judge presiding and the same handful of attorneys arguing for their clients. I arrived after the 9:00 docket had completed, but in time for the 10:00 docket. There were, I believe, five cases to be heard in that time slot. I sat in the very back corner of the court room, on the very hard bench, armed with my spiral notebook and a pen....
"All Rise," the Bailiff called to order and all obeyed, standing for the entrance of "his Honor."
The cases were varied and interesting to me. I took lots of notes. I noted, most importantly, that none of these cases were heard with the benefit of a court recorder. Now, after my first such experience, I can assure you, I will not proceed in another hearing without one. The preservation of the record is well worth the cost. So, as I said, these proceedings were off the record, and the rulings thereon are, therefore, necessarily reliant on the judge's own notes and recollections....notes and recollections that are not viewable by the public, I might add. And when the judge makes his decisions, it is not he who then pens his orders, and rulings, but rather, one of the counsel arguing the case....
In the selection of cases that day were an uncontested, but fault-based divorce, pendente lite hearing in which the complainant was suing for divorce based on charges of adultery. The opposing counsel argued that the VA code required a 6-month separation before such a complaint could be heard... the judge asked counsel to name the code upon which she was relying...suffice to say, she was wrong and the judge declared that in matters concerning adultery, there is no waiting period requirement... and so, though in MY pendente lite hearing, the judge declared he would not listen to any fault, indicating, "I never have and I'm not going to start now," indeed I beg to differ on the "I never have".... or perhaps, he just started two weeks later, because, correct me if I'm wrong, but isn't adultery a fault-based complaint?
Never mind, so the judge allowed not only the fault to be introduced into the proceeding, but also allowed the Defendant to be sworn in and examined by counsel for the Plaintiff. She took him through all of the allegations of sexual harassment on females in his 10 year career, from which he was fired for cause... and she successfully argued that because he was fired for cause, and for cause substantially related to the fault-based claim of the complaint for divorce, his income should be imputed to reflect the higher earning he'd been earning from that employer, rather than his current income. The judge accepted it all and imputed his income and issued the instructions to counsel to determine the amount of spousal support for the pendente lite period accordingly.....
So, I learned a valuable lesson.... the judge is less than consistent.... he only considers fault in a pendente lite hearing if he wants to... now, it could well be that the fault upon which this complaint for divorce was filed, has been agreed to by the defendant and therefore the judge did not have to decide on the fault, but only on the consequences thereof.... I'll have to do more research before I can make that determination.
Another case was a SHOW CAUSE case wherein the Plaintiff requested the Defendant show cause for his failure to comply with the final divorce decree and the equitable distribution of assets, as ruled. This was a little more complicated, and the details were interesting, to be sure, but more interesting to me was the fact that the counsel for the Defendant was the conflicted attorney who was my counsel in my first divorce and who is now representing my husband in this divorce. And also interesting were the arguments he raised to help his client avoid the payment of the court ordered equitable distribution amounts...well, at least until such time as his client could prevail in a related, but as yet unfiled lawsuit, which, counsel for Defendant reminded the Court, could take a couple of years.... Judge was not particularly impressed with the argument presented, and tried to find a way to make the Defendant liquidate other assets to help meet the obligation... the Defendant, at the time of this hearing, was $60K in arrears.... They determined he would transfer his share of the already equitably distributed 401K to her, but that the details of the amount by which this would reduce his arrearages would have to be later determined...counsel for Defendant argued that the only other asset which could be liquidated was the Defendant's pricey motorcycle, but since that was this man's "only toy" and "every man should be allowed one toy." The judge wasn't impressed, but didn't rule that the motorcycle had to be liquidated..... The Defendant left unhappy with the ruling and, I suspect, his counsel....
Another case was a motion to compel the production of discovery documents, and to require the Defendant subject himself to a firm who would determine his earning potential.... counsel arguing that this man was, by choice, underemployed..... (Counsel in this case, is, again, my conflicted attorney). Now this man, the Defendant, has no counsel representing him in this hearing. It was unclear to me whether he had counsel at all, but I am pretty sure he had counsel at one time, based on his testimony. This day, however, he stood alone. Counsel stated he'd received no income or discovery documents requested from this man, and the man claimed he'd FAXed them timely..... Counsel claimed the man was voluntarily underemployed, and the man explained that he is 55 years old (that's what I heard, but I think he looked more like 65 ) and no matter what an employment analyst says, it is hard to get work at that age....
Counsel argued, and the man, genuine to the bone, held his own... he'd FAXed the documents on 2/11/10, and had done so twice, but no matter, because he also had them with him there, that day. Judge asked the man if he had a reason for not submitting to the employment analysis, and the man said he was required to pay for that and the attorneys fees.... Counsel argued that was not true and the man agreed to subject himself accordingly.... Counsel challenged the man on his statement of FAXing the docs in February.... man claimed he'd discarded the cover sheets of the FAX, and Counsel started his campaign to discredit the man...at which point the man found the cover sheet that proved his truthfulness.... so, counsel did not apologize for calling the man a liar, but, instead, challenged him on what number he'd sent them to, why he'd FAXed them twice, etc... generally beating this guy up... the man stood his ground, and the judge told Counsel to review the docs and get on with the request. They adjourned for 10 minutes to allow the review of the docs.
I sat there in the back with my notes after the judge left the room. Conflicted Counsel left the room too, and as he left he did a double-take when he saw me... our eyes met and he was not pleased. I decided to leave the room for a minute to write down the cases on the docket posted on the door. I didn't hide what I was doing, as this, I believe, is all public information. Once I had them jotted down, I returned to my seat in the back corner. Conflicted Counsel, now back in the courtroom said something to Bailiff and Bailiff headed directly toward me. At the end of the bench upon which I sat, he stopped and beckoned for me to follow him. Outside the courtroom I was questioned,
"Do you have involvement in any of the cases being heard here today?"
"No."
"Are you a reporter?"
"No, I am doing research..."
"Well, you can't go in there, you have to leave."
"Really? Isn't this a public court? Aren't these public proceedings?"
"No, not in Divorce cases. Unless you are one of the parties...."
"Really, I thought only if they included juveniles...."
"No, you can check with the Clerk of the Court if you like, I'm sorry but you're not allowed in..."
With which he dismissed me, returning to the courtroom.... I took his advice and headed in to see the Clerk of the Court.
Now, despite their ridiculously huge and fancy courthouse, Gloucester County is Gloucester County.... I have NEVER encountered efficiency or competence herein and this day was no different. In the Clerk's office, there was a line of ONE... one man trying to pay something (court costs presumably) and THREE women, none of whom were able to determine what was wrong with the computer .... blah, blah, blah... I waited my turn.... five minutes into my wait and no closer to actually being served, the Bailiff appeared through the same door which I had entered....he was all smiles and apologetic... he'd been wrong, it seems, only those divorce proceedings for which the Counsel has requested the hearing be "closed" are off limits to the public....
Funny change of heart, I thought, well aware of the reason I'd been instructed to leave. I suppose those dusky glass globes on the ceiling of the courtroom must, indeed, be cameras, and the judge must, indeed have seen what was going on.... now, I don't know the details, but I am SURE that had I left the building when instructed to, nobody would have run out to the parking lot to apologize and invite me back in... no, I called their bluff and they had no other options....
Why, I wondered, would this Conflicted Counsel be so eager to expel me from a public forum? I was not disruptive. I was not rude to anyone. In fact, I was so NON- intrusive that, until Conflicted Counsel was leaving the courtroom, he had no idea I was there. I presume the judge did, but I never looked at him....my eyes were always on my notes. Well, I suppose I can take a stab at why Conflicted Counsel was unhappy with my presence.... after all, I did file a motion to have him removed as counsel for my husband in our divorce, based on his conflict of interest, AND I did file a complaint with the BAR because he failed to return to me my files, inclusive of his notes which he read aloud at the "court of no record" hearing held on the matter...and I did file an updated BAR complaint because he returned only partial files after being ordered to return all files..... Yeah, I get it, Conflicted Counsel is not happy with me.... oh, but wait ... I discovered another reason Conflicted Counsel would prefer I not witness the proceedings....
When the Court was once again in session, Conflicted Counsel had to admit to the Court that he had contacted his paralegal during the break and had, in fact, been informed that the FAXed documents this man alleged he'd sent HAD indeed been received by his office on 2/11/10, AND that they had been filed in the wife's file....because there was no indication they had come from the husband.... Now DUH... so he HAS the docs in his folder, and he is alleging that he believes the WIFE FAXed in the discovery docs requested of the husband.... how LAME an excuse for LYING to the Court can one Conflicted Counsel offer?
Yes, yes, now I better understand his rationale for getting me out of there... I would see him repeating his practice of lying to the Court.... I guess I'd believed that Counsel were required to speak the truth, as they believe it to be, in the Court....but this Conflicted Counsel lied in the Conflict of Interest hearing and he also lied to the Court during my pendente lite hearing on two occasions.... the first was when he alleged my current husband stayed at home to raise my children while I worked outside the home...he knows differently, knows, in fact, that my children were nearly grown when we married and were out of the house two years after our wedding date... he knows this because of his representation of me in my first divorce, and the related child support issues.... Conflicted Counsel also lied to the Court when he declared I had not provided earnings documentation to allow for the determination of spousal support to be paid his client... the abusive, refusing to work, drug addict and alcoholic.... Even the Court should have known this was a falsehood, given that they AND Conflicted Counsel were provided pertinent documentation three days prior to the pedente lite hearing.... Nevertheless.... good for me to know this... Conflicted Counselor is not hampered by any ethics....
So, after the break and the admittance by Conflicted Counsel that he'd received this guy's documents, he then proceeded to demand the court consider the fact that his client, who, at the time of filing the complaint for divorce, was earning $600-700 per month from Social Security, and now that the husband was making $80K per year, she had lost her SS benefits.... so, the Court should rule the husband pay more in spousal support.... Now, pinch me and tell me I'm in la-la land, but isn't this the SAME Conflicted Counselor who started this whole case be saying the husband was voluntarily under-employed? And now wasn't he arguing that the $80K of underemployment was too much to allow his client to receive her SS income?????
OK, just label me confused... I'll have to reflect on that one a while longer....
I stayed for the final cases, and then returned to the Clerk's office to get the ruling on when I am and when I am not allowed in these fine courtrooms.... She was pretty vague... if the hearing is closed, for instance, they will not put a sign on the door or anything, or a note on the docket (God Forbid)... no, if it is closed, they will simply ask you to leave when you walk in.... Not sure what small town I have been living in for 22 years, but this sounds just a wee bit odd... sounds as if -- just perhaps -- a LOT of the public is asked to leave hearings, not on the basis that the hearing is closed, but for reasons which very likely violate the Freedom of Information Act.... Show me something that SAYS a hearing is closed and I will respect that... but just walk up to me and inform me I am not allowed in the Court Room??? In the Court Room which I pay dearly for with my tax dollars? In the Court Room where MY fate is also being shaped? In the Court of No Record..... Gloucester, Virginia.....
My attorney is not the strategical technician I need to succeed in this matter. After all, it is my attorney who failed to inform me that there would be no court recorder for the hearing on my motion to dismiss adverse counsel for conflict of interest, held three weeks prior. Silly me, when I saw no human sitting there capturing the proceedings, I presumed there was electronic recording....when I called the Clerk of the Court to inquire on the transcript, I was informed that, unless one of the parties had provided a court recorder (person), there was no transcript...it was, afterall, a "court of no record." Well, live and learn....
So, I decided to take a vacation day from work Friday and spend that time in my first "seminar"....right there in the very same court room, with the same judge presiding and the same handful of attorneys arguing for their clients. I arrived after the 9:00 docket had completed, but in time for the 10:00 docket. There were, I believe, five cases to be heard in that time slot. I sat in the very back corner of the court room, on the very hard bench, armed with my spiral notebook and a pen....
"All Rise," the Bailiff called to order and all obeyed, standing for the entrance of "his Honor."
The cases were varied and interesting to me. I took lots of notes. I noted, most importantly, that none of these cases were heard with the benefit of a court recorder. Now, after my first such experience, I can assure you, I will not proceed in another hearing without one. The preservation of the record is well worth the cost. So, as I said, these proceedings were off the record, and the rulings thereon are, therefore, necessarily reliant on the judge's own notes and recollections....notes and recollections that are not viewable by the public, I might add. And when the judge makes his decisions, it is not he who then pens his orders, and rulings, but rather, one of the counsel arguing the case....
In the selection of cases that day were an uncontested, but fault-based divorce, pendente lite hearing in which the complainant was suing for divorce based on charges of adultery. The opposing counsel argued that the VA code required a 6-month separation before such a complaint could be heard... the judge asked counsel to name the code upon which she was relying...suffice to say, she was wrong and the judge declared that in matters concerning adultery, there is no waiting period requirement... and so, though in MY pendente lite hearing, the judge declared he would not listen to any fault, indicating, "I never have and I'm not going to start now," indeed I beg to differ on the "I never have".... or perhaps, he just started two weeks later, because, correct me if I'm wrong, but isn't adultery a fault-based complaint?
Never mind, so the judge allowed not only the fault to be introduced into the proceeding, but also allowed the Defendant to be sworn in and examined by counsel for the Plaintiff. She took him through all of the allegations of sexual harassment on females in his 10 year career, from which he was fired for cause... and she successfully argued that because he was fired for cause, and for cause substantially related to the fault-based claim of the complaint for divorce, his income should be imputed to reflect the higher earning he'd been earning from that employer, rather than his current income. The judge accepted it all and imputed his income and issued the instructions to counsel to determine the amount of spousal support for the pendente lite period accordingly.....
So, I learned a valuable lesson.... the judge is less than consistent.... he only considers fault in a pendente lite hearing if he wants to... now, it could well be that the fault upon which this complaint for divorce was filed, has been agreed to by the defendant and therefore the judge did not have to decide on the fault, but only on the consequences thereof.... I'll have to do more research before I can make that determination.
Another case was a SHOW CAUSE case wherein the Plaintiff requested the Defendant show cause for his failure to comply with the final divorce decree and the equitable distribution of assets, as ruled. This was a little more complicated, and the details were interesting, to be sure, but more interesting to me was the fact that the counsel for the Defendant was the conflicted attorney who was my counsel in my first divorce and who is now representing my husband in this divorce. And also interesting were the arguments he raised to help his client avoid the payment of the court ordered equitable distribution amounts...well, at least until such time as his client could prevail in a related, but as yet unfiled lawsuit, which, counsel for Defendant reminded the Court, could take a couple of years.... Judge was not particularly impressed with the argument presented, and tried to find a way to make the Defendant liquidate other assets to help meet the obligation... the Defendant, at the time of this hearing, was $60K in arrears.... They determined he would transfer his share of the already equitably distributed 401K to her, but that the details of the amount by which this would reduce his arrearages would have to be later determined...counsel for Defendant argued that the only other asset which could be liquidated was the Defendant's pricey motorcycle, but since that was this man's "only toy" and "every man should be allowed one toy." The judge wasn't impressed, but didn't rule that the motorcycle had to be liquidated..... The Defendant left unhappy with the ruling and, I suspect, his counsel....
Another case was a motion to compel the production of discovery documents, and to require the Defendant subject himself to a firm who would determine his earning potential.... counsel arguing that this man was, by choice, underemployed..... (Counsel in this case, is, again, my conflicted attorney). Now this man, the Defendant, has no counsel representing him in this hearing. It was unclear to me whether he had counsel at all, but I am pretty sure he had counsel at one time, based on his testimony. This day, however, he stood alone. Counsel stated he'd received no income or discovery documents requested from this man, and the man claimed he'd FAXed them timely..... Counsel claimed the man was voluntarily underemployed, and the man explained that he is 55 years old (that's what I heard, but I think he looked more like 65 ) and no matter what an employment analyst says, it is hard to get work at that age....
Counsel argued, and the man, genuine to the bone, held his own... he'd FAXed the documents on 2/11/10, and had done so twice, but no matter, because he also had them with him there, that day. Judge asked the man if he had a reason for not submitting to the employment analysis, and the man said he was required to pay for that and the attorneys fees.... Counsel argued that was not true and the man agreed to subject himself accordingly.... Counsel challenged the man on his statement of FAXing the docs in February.... man claimed he'd discarded the cover sheets of the FAX, and Counsel started his campaign to discredit the man...at which point the man found the cover sheet that proved his truthfulness.... so, counsel did not apologize for calling the man a liar, but, instead, challenged him on what number he'd sent them to, why he'd FAXed them twice, etc... generally beating this guy up... the man stood his ground, and the judge told Counsel to review the docs and get on with the request. They adjourned for 10 minutes to allow the review of the docs.
I sat there in the back with my notes after the judge left the room. Conflicted Counsel left the room too, and as he left he did a double-take when he saw me... our eyes met and he was not pleased. I decided to leave the room for a minute to write down the cases on the docket posted on the door. I didn't hide what I was doing, as this, I believe, is all public information. Once I had them jotted down, I returned to my seat in the back corner. Conflicted Counsel, now back in the courtroom said something to Bailiff and Bailiff headed directly toward me. At the end of the bench upon which I sat, he stopped and beckoned for me to follow him. Outside the courtroom I was questioned,
"Do you have involvement in any of the cases being heard here today?"
"No."
"Are you a reporter?"
"No, I am doing research..."
"Well, you can't go in there, you have to leave."
"Really? Isn't this a public court? Aren't these public proceedings?"
"No, not in Divorce cases. Unless you are one of the parties...."
"Really, I thought only if they included juveniles...."
"No, you can check with the Clerk of the Court if you like, I'm sorry but you're not allowed in..."
With which he dismissed me, returning to the courtroom.... I took his advice and headed in to see the Clerk of the Court.
Now, despite their ridiculously huge and fancy courthouse, Gloucester County is Gloucester County.... I have NEVER encountered efficiency or competence herein and this day was no different. In the Clerk's office, there was a line of ONE... one man trying to pay something (court costs presumably) and THREE women, none of whom were able to determine what was wrong with the computer .... blah, blah, blah... I waited my turn.... five minutes into my wait and no closer to actually being served, the Bailiff appeared through the same door which I had entered....he was all smiles and apologetic... he'd been wrong, it seems, only those divorce proceedings for which the Counsel has requested the hearing be "closed" are off limits to the public....
Funny change of heart, I thought, well aware of the reason I'd been instructed to leave. I suppose those dusky glass globes on the ceiling of the courtroom must, indeed, be cameras, and the judge must, indeed have seen what was going on.... now, I don't know the details, but I am SURE that had I left the building when instructed to, nobody would have run out to the parking lot to apologize and invite me back in... no, I called their bluff and they had no other options....
Why, I wondered, would this Conflicted Counsel be so eager to expel me from a public forum? I was not disruptive. I was not rude to anyone. In fact, I was so NON- intrusive that, until Conflicted Counsel was leaving the courtroom, he had no idea I was there. I presume the judge did, but I never looked at him....my eyes were always on my notes. Well, I suppose I can take a stab at why Conflicted Counsel was unhappy with my presence.... after all, I did file a motion to have him removed as counsel for my husband in our divorce, based on his conflict of interest, AND I did file a complaint with the BAR because he failed to return to me my files, inclusive of his notes which he read aloud at the "court of no record" hearing held on the matter...and I did file an updated BAR complaint because he returned only partial files after being ordered to return all files..... Yeah, I get it, Conflicted Counsel is not happy with me.... oh, but wait ... I discovered another reason Conflicted Counsel would prefer I not witness the proceedings....
When the Court was once again in session, Conflicted Counsel had to admit to the Court that he had contacted his paralegal during the break and had, in fact, been informed that the FAXed documents this man alleged he'd sent HAD indeed been received by his office on 2/11/10, AND that they had been filed in the wife's file....because there was no indication they had come from the husband.... Now DUH... so he HAS the docs in his folder, and he is alleging that he believes the WIFE FAXed in the discovery docs requested of the husband.... how LAME an excuse for LYING to the Court can one Conflicted Counsel offer?
Yes, yes, now I better understand his rationale for getting me out of there... I would see him repeating his practice of lying to the Court.... I guess I'd believed that Counsel were required to speak the truth, as they believe it to be, in the Court....but this Conflicted Counsel lied in the Conflict of Interest hearing and he also lied to the Court during my pendente lite hearing on two occasions.... the first was when he alleged my current husband stayed at home to raise my children while I worked outside the home...he knows differently, knows, in fact, that my children were nearly grown when we married and were out of the house two years after our wedding date... he knows this because of his representation of me in my first divorce, and the related child support issues.... Conflicted Counsel also lied to the Court when he declared I had not provided earnings documentation to allow for the determination of spousal support to be paid his client... the abusive, refusing to work, drug addict and alcoholic.... Even the Court should have known this was a falsehood, given that they AND Conflicted Counsel were provided pertinent documentation three days prior to the pedente lite hearing.... Nevertheless.... good for me to know this... Conflicted Counselor is not hampered by any ethics....
So, after the break and the admittance by Conflicted Counsel that he'd received this guy's documents, he then proceeded to demand the court consider the fact that his client, who, at the time of filing the complaint for divorce, was earning $600-700 per month from Social Security, and now that the husband was making $80K per year, she had lost her SS benefits.... so, the Court should rule the husband pay more in spousal support.... Now, pinch me and tell me I'm in la-la land, but isn't this the SAME Conflicted Counselor who started this whole case be saying the husband was voluntarily under-employed? And now wasn't he arguing that the $80K of underemployment was too much to allow his client to receive her SS income?????
OK, just label me confused... I'll have to reflect on that one a while longer....
I stayed for the final cases, and then returned to the Clerk's office to get the ruling on when I am and when I am not allowed in these fine courtrooms.... She was pretty vague... if the hearing is closed, for instance, they will not put a sign on the door or anything, or a note on the docket (God Forbid)... no, if it is closed, they will simply ask you to leave when you walk in.... Not sure what small town I have been living in for 22 years, but this sounds just a wee bit odd... sounds as if -- just perhaps -- a LOT of the public is asked to leave hearings, not on the basis that the hearing is closed, but for reasons which very likely violate the Freedom of Information Act.... Show me something that SAYS a hearing is closed and I will respect that... but just walk up to me and inform me I am not allowed in the Court Room??? In the Court Room which I pay dearly for with my tax dollars? In the Court Room where MY fate is also being shaped? In the Court of No Record..... Gloucester, Virginia.....
Tuesday, May 4, 2010
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.....
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.....
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