Tuesday, December 5, 2023

Changes, Part 7

 Auntie Jlwrites, I can hear you saying to me, why are you telling us all of this stuff? It can't be just catharsis.

Well, there's that for sure.

And this is a family blog, which chronicles the events of my family. These have been some pretty big events, if I don't mind saying so myself. They've forever altered what our family looks like. Someday my kids may want to know what happened in a fuller way than our conversations have said, and they'll have this record to look at. 

It also shows that even what looks like perfection on the outside can turn ugly when sin sinks its claws into it.

This kind of stuff is everywhere, and it needs to be talked about. It hid in my home, behind a man wearing the mask of a Christian. The more it gets talked about--that it happens, that it's real, that pornography is a threat and an addiction that claims lives in an altering way and rips families apart--the more light comes in and kills it.

This happened to us.

I think, in some ways, we are stronger for having lived through it.

He's sentenced. His projected release date is more than eight years out, with credit for time served and time knocked off for good behavior.

I am, however, still fighting for my total release from this nightmare. It's not quite over.

September 2022

Hubby and I had been chatting (sort of) via the texting app that he has access to while incarcerated in BigTown County Jail. We don't need lawyers, he'd written. He cited that we've been together twenty-six years and ought to be able to figure out a way to amicably split the marital property ourselves, without any attorneys in the mix (to muck it up).

So we hammered out an agreement. He'd wanted to boot me out of the house after the last kid had flown the coop, sell it then, and split the profits. That was his first offer that he'd sent my attorney. He asked now what my plans were for the house. I said I planned to live in it. The house was the biggest thing in contention. He was willing to agree to everything else and said he'd only asked for 10% ownership of my writing (which, I'll point out here, predated my relationship with him) because he desperately felt he needed it as a bargaining tool. I had no problem with most of what he'd asked for in return, and in the end, we'd messaged back and forth until we'd hammered out an agreement that was agreeable to both of us.

Or so I thought.

I forwarded the screenshots of our conversations to my attorney so she could draw up the Marital Settlement Agreement from those. She sent it off to Hubby for review, with the instructions to let her know as soon as possible if there were changes he wanted to make.

And we waited.

And waited.

And waited.

Mid-December 2022

And waited.

Prison mail is slow, but this is ridiculous. I messaged him about something else entirely, but tacked on a post-script: "Are you going to do anything about the settlement paperwork, or do I have to make other plans?"

When I heard back from him via the app a few days later, he responded angrily about the first thing I'd mentioned, and then said he was going to do something about the settlement paperwork "soon."

Right. I'd seen his "soon." The last time he'd said he would do something soon, it took him 8 weeks to do it.

March 2023

It was finally "soon." Hubby wrote to my attorney, saying he was going back to his original counteroffer (the one in which he wanted 10% ownership of my writing) to settle the marital assets and debts.

And one more thing. 

He wanted my wedding and engagement rings returned to him, as part of his personal property, as they were "contingent upon a continued marriage."

I almost came unglued at work when I read that. I messaged SnarkyDad, who did some fast research for me, and determined that my state's law already has precedent for that: the rings belong to me from the moment of marriage. They are legally mine and I do not have to give them back to him. Whew.

I told my attorney I was not willing to accept his (ridiculous) proposal, and said I was not willing to attempt negotiating with him again, when he can take as much time as he wants to respond. I want this divorce over. Let's go to trial. 

Scary words.

She prepared the necessary filings and I sent in the money--$350--for the filing fees for a Divorce Master to be appointed.

Hubby, meanwhile, had written to the Court without copying my attorney, something she had asked him not to do. He complained that I am controlling all the marital assets and not releasing any marital funds to him (what marital funds? any money that was ours was long gone, in taking care of us before I found a job; also I had no way of releasing money to him anyway, but that's beside the point). He had no way of getting legal representation, he said; his calls to the PA Bar Association are disconnected before he had a chance to talk to someone. His criminal attorney had told him he would not likely get free representation because we have real estate involved (hey, I didn't qualify for Legal Aid, either). He wrote that I refused to communicate with him (not entirely true; I just wouldn't speak on the phone with him). He begged the judge for help.

Twenty days later, as she went to file the next round of paperwork, she discovered that the certified mail return postcard didn't have the date of receipt written on it. The clerk at the prison had neglected to put that on. Further investigation showed that even the tracking number had been improperly scanned, so we couldn't even prove delivery that way. With no proof of service, we couldn't do the next filing. We had to start all over. Argh.

June 2023

We received word that Hubby has an attorney now. No idea who is funding her, and I'm not asking. My lawyer thinks this is a good thing. We may be able to avoid a costly trial and settle now that he has an attorney.

Hahahahahahanotsomuch.

July 2023

Maybe it's August now? I don't remember. We'll call it late July. All I really remember at this point is that my attorney wanted to hear from his attorney by June 30, and his attorney wanted mortgage statements on June 28 while the girls and I were in Virginia Beach (sorry about your luck) and so she didn't get them until July 5 after we got back, and it was at least another month before we heard his attorney's proposal. So...

August 2023

We got Hubby's attorney's proposal.

Oh, he agreed to everything else on the list (including me waiving child/spousal support and alimony), but he wanted me to buy him out of the house to the tune of $65,000...or sell the house now, and give him half the profits. I admit I was also a little surprised when his lawyer indicated that "It is my understanding the parties have come to an agreement" about personal property, because last I knew, he still wanted my rings, and I wasn't budging on that.

The whole point of me waiving support was so that I would get the full value of the house, and he wouldn't have more debt hanging over his head when he got out of jail. I'm nice like that.

Plus, there was the matter of the lien on the property. You know, the one on his half of the equity. To secure potential payment for his restitution for his crimes.

The proposal was preposterous.

I told my attorney, after some thought, some discussion with my mother and SnarkyDad, and some prayer, that we needed to move forward with trial. Mom and I had done some rough calculations and figured out that, should Hubby actually be paying child support and alimony pende lite and alimony, he'd be looking at owing me nearly $90,000 for everything. That far exceeded what he wanted from me for the house. I paid yet another $350 for Divorce Master fees (the first sat in an account and slowly been whittled away at). 

My attorney wrote a brilliant letter to his, declining the offer, stating that the lien on the property because of his crimes thus forfeited Hubby's rights to the equity in his name. And, of course, further that what he would owe in various supports exceeded his equity, and that we would proceed with a filing for a Divorce Master. 

And the paperwork finally got filed for a Divorce Master.

October 2023

The Court has appointed a Divorce Master. Next up is the Pre-Trial Conference, which is just for the attorneys and the Divorce Master, where they present evidence, go over things, and learn when the trial will be. My attorney has advised that this will likely not be until after the first of the year.

Present

The Pre-Trial Conference is now set for December 11. My lawyer has told me not to expect a trial date until spring. I would love to simply have this settled and move on, but Hubby is not of that mind. He wants his half of the house and his cake too.

My lawyer is good, but she is not cheap.

I have a good job, but it covers our regular expenses. It doesn't cover...this

SnarkyDad set up a GoFundMe for me, because he's a gem like that. It is, however, running low since I took that last $350 out of it to pay for Divorce Master fees. I am blessed to have so many people--friends, family, outright strangers--who have contributed to the cause of helping me manage to pay for thousands of dollars of legal fees I could not otherwise afford, all to get me out of a marriage I cannot, in good conscience, stay in for the sake of my kids.

Ahhhh, here you are, Auntie Jlwrites. You're shilling for cash.

Consider it an investment.

An opportunity.

A way to change the world for that one starfish you throw back into the sea so it doesn't suffocate.

My kids and I need out of this. We're suffocating.

So if our story has moved you at all, I'd consider it a huge blessing if you'd hit that link up there and donate. 

Thanks for listening in. May the season bring you joy.

Part 8