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Court Hearings

2003

     Patricia filed for Divorce in February of 2002. Between her filing and our Final Decree in December of 2004 we averaged a hearing a month. We spent time in Family Court, Domestic Violence, Civil, Bankruptcy and finally Criminal. The majority of hearings were recorded and are public record.

April 10, 2003

    The personal property division was a disaster. Simply, Patricia did not cooperate and lied about everything. The majority of items that Patricia indicates as missing were later discovered at one of her subsequent homes when I executed a Court Order (January 2004) in the presence of Sherriff’s deputies. This includes most of the family videos and pictures.

             Which raises the issue of how the Special master missed enough items to fill a storage van while charging over 5k for dividing what she now claimed was only a couple of thousand of dollars in personal items. There is no way that I am convinced that the method of valuating our assets was anything other then to get an equal division. She valued books at less then a nickel a piece, many of them hardbacks.

             What was not hidden away was stacked in the back porch of the community home, the community home that Patricia moved out of a sold on a lease purchase agreement in January. 

             In my entire life I could not imagine a life where I would pay hundreds of dollars in attorney fees while my children and their stepfather argued about toys!!!!

             The Judge, attorneys, Special Masters, and others were getting frustrated with Patricia’s lying and actions. By extension they were tired of me and the children also. Judge Jewell threatened Patricia pretty clearly with jail if she did not cooperate and Patricia simply ignored her. Judge Jewell’s frustration with Patricia is clear after I admit to damaging the house and Judge Jewell turns around and confronts Patricia and tell her that the damage must have been done by parties unknown. I do believe that Judge Jewell was serious, but the responsibility for filing the papers rested with me and I was not willing to put Patricia in jail.

             I was beginning to feel the financial pressure associated with the divorce. Judge Jewell ruled in December of 2004 that the cost was in excess of three hundred thousand dollars. I was paying fifteen hundred dollars a month for a mortgage on a home that no one from the community lived in on top of twelve hundred dollars a month for a rental home.

             My primary reason for setting aside the proposed financial settlement was based on Patricia violation of almost every single clause before we could even implement it. How could I get the house back in three years, as called upon in the agreement, if she had illegally sold it? She refused to divide the personal property, had not told Child Support Services that she lied to them about me owing child support (in fact, she owed child support), etc.. As I told the lawyers at the time, any agreement that required Patricia to act in good faith was silly.  In her mind, I was to turn over an additional 250k in assets without her acting on her agreements.

             My second reason was the stupidity of the agreement itself. Only an idiot spends thousands of dollars in negotiating a financial settlement without knowing what is going to happen with the children. AND I WAS THAT IDIOT. As I also argued with the attorneys, the logical extension of community property is to extend the community to the children.

             I was also annoyed about the discovery of Patricia’s website “Determined2Survive.com” (the site is now owned by someone else). Patricia later claimed a friend put this website up on her behalf. The site outlined my years of alleged abuse and painted Glen as an animal abuser and child abuser. It took credit cards for donations.

             I also discovered that while receiving over five thousand dollars a month in support from the community Patricia went on welfare, food stamps, and Medicaid. How did I find out? When I finally got the State to realize that I did not owe Patricia child support, they came after me for the Medicaid money.

             I simply did not understand the big deal, the settlement was proposed not final. Just get in front of the Judge and tell her we needed to start over again.

             While Patricia was pleading that she was broke I will note that I was paying all of other community bills to include the house payment and her car payment. She also took over twenty-one thousand dollars in cash out of the community the day before she filed. All of this is tax free of course.

             The final illusion that Patricia suffered under was the belief that the community continued after or divorce and until there was a final property settlement. The truth is that the community ended with our divorce on November 15, 2005 and her remarriage within a hour. I owed her whatever her half of the community was worth on that date plus any interest that would accrue. As later filing showed, she had already spent her share and a lot of mine.

        

Part one

 

Part two

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Track 1      Track 2

      

        © 2006 Stephen A. Avery