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JerrySJD
JerrySJD, Attorney
Category: Family Law
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Experience:  Divorce, child custody, support, mediation, alimony
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pre trail hearing today. I was not given the 20 days for answer.

Customer Question

pre trail hearing today. I was not given the 20 days for answer. Sent continuance to his lawyer. Denied. So this morning I am told to see if clerk can submit to judge prior. Also injunction to have me out of house and him in. How to stop that? we have dogs 3, I up keep the inside and outside for years, fathers ashes hear, other pets buried here. I am not ready for trail. I am scared they will force me. I stated that husband is withholding the marital computer with all evidence.
Submitted: 2 years ago.
Category: Family Law
Expert:  JerrySJD replied 2 years ago.

JerrySJD :

You have to go to the pre trial and tell your story, that you do not want a divorce. The sad part is you cannot stop the process. You should state that you cannot go forward because material and relevant evidence has been withheld.

JerrySJD :
JerrySJD :

You have to file a Motion to Compel. ou have to send the other side interogattories first, with requests for production and then if you do not get it you can file the motion to compel. This is a process and you need to file things to be protected in order to protect your rights. Otherwise, the process will just move forward.


 

JerrySJD :

So, you need discovery. You have to send the other side things for this, like intergoatorries with requests for production. You have to tell the judge that you are on your own and you are trying to get the information you need and are learning the process. They may tell you to get a lawyer.


 

JerrySJD :

Go to the pretrial. Tell your story and try to put the trial off as long as possible.


 

Customer:

I got a continuance stating I wasn't ready. One week is all.! The divorce petition is from the first time he filed last July 2011. Stating we HAVEN"T lived together since then. We have been living together since June 24, 2012 the year anniversary of my fathers death. He stole my families inheritance from my file cabinet. I am trustee!48k. I He loaded up all auto bought during the marriage on trailer. All that property was also title in the name of our living trust with me as main trustee. He can't do anything without my authority. and I can work alone without him. He belittled me, my father, my family....said godawful things. I was in shock. He only wanted my inheritance. He left. But I have since then slowly with help went and got each auto back. He has one to drive and he still has the trailer that is also titled in trust. He keeps saying its all his. He spent all the marital income rebuilding a 1968 camaro. When he left he was driving around the clubs drunk. He has given no money to me or the house since he left. Now mortgage is in default. Bills late. My car he was working on when he left so it sat in back yard not starting. He left me stuck here. So getting work or help I have to call family. I am lost. Shocked. Thats why I got the 2 autos and put in storage. And he has threatened me every day to give to him. Oh, that night he cussed me out he also twice said, he was taking all and moving back to Georgia. This is why I can't risk him taking the assets. Now because he stating over and over that his lawyer dropped the divorce and deceived me cause I never got served in order to know of dismissal by mail. Can't I protest that some way too? Also he has been coming around the house, trying to have sex, swim in the pool, he invites me to dinner and a motel to talk and have sex. Yes I went ahead and did it all. Recording and video. Because this is my reputation at stake with him filing cruelty. The worst thing I have done to him is yell at him for hiding more money. He has never given me access to income and spends so much. I struggle to support my self. He has been forcing me to use my own inheritance. I want him to have to honor his words. He made me do all his legal creditor work, taxes and kept all. I have an agreement that we typed that states he is commuting himself to the marriage at the time he verbally said forever but I typed 20 years. He had different things in it like counseling and when only thing is I got signature and thumb print but we never had it notarized.,

Customer:

what should my next move be. Since we didn't have the hearing yet can I write a letter to the judge? Or when I do file a motion do the motions have to be one request per motion or can I list spousal support, motion to compel computer, and the biggest of all can I compel the cash inheritance that he admitted on audio to taking?

JerrySJD, Attorney
Category: Family Law
Satisfied Customers: 821
Experience: Divorce, child custody, support, mediation, alimony
JerrySJD and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
ok what should my next move be? Write the judge and what about the deceit of telling me for over 6 months living together as man and wife that his lawyer dropped the divorce only to see it was never dropped. We didn't stop living together in JULY 2011. Since we didn't have the hearing yet can I write a letter to the judge asking him to mandate counseling based on husband coming around and us having sex, motels....etc?? After all this is 17 years of my life. I can't get husband to agree. Or actually he says he will to get something then says no. Or when I do file a motion do the motions have to be one request per motion or can I list spousal support, motion to compel computer, and the biggest of all can I compel the cash inheritance that he admitted on audio to taking?
Customer: replied 2 years ago.
,ok what should my next move be?  Write the judge and what about the deceit of telling me for over 6 months living together as man and wife that his lawyer dropped the divorce only to see it was never dropped.   We didn't stop living together in JULY 2011.   Since we didn't have the hearing yet can I write a letter to the judge asking him to mandate counseling based on husband coming around and us having sex, motels....etc??  After all this is 17 years of my life.  I can't get husband to agree.  Or actually he says he will to get something then says no. Or when I do file a motion do the motions have to be one request per motion or can I list spousal support, motion to compel computer, and the biggest of all can I compel the cash inheritance that he admitted on audio to taking?
Expert:  JerrySJD replied 2 years ago.

So, do you have a trial next week or is it another pre-trial. You need to send out interrogatories (questions) asking your husband to respond to each factual thing that concerns you. Did you take the $48k? Did you take our personal property? Did you have sex, etc. You need time to have these things answered. If it is a pretrial next week, you have to ask for mediation. This is a divorce, so you need to ask for spousal support and a property settlement. That can be done in the mediation or in the trial. You can also tell your story at the trial. The best thing you can do at this point is to get this case into mediation so a fair resolution can be reached without a trial. You also need some time to do discover, which is interrogatories and a deposition. You need to send out the interrogatories.

You ask about motions that need to be filed, but what you need at this point is information that you do not have. You could file a motion for temporary spousal support, but spousal support will be awarded at the trial anyway.

If you cannot send out interrogatories, then you can make your case before the mediator or at the trial. You will need to question husband on what happened, i.e., did you take money, etc. You will have to call your husband as a witness and ask him these things under oath in front of a judge. He can deny it, but the judge can decide if he is telling the truth. It would be easier for you to get this case into mediation to raise these issues in a less formal setting and try to resolve the case.

Customer: replied 2 years ago.
the pretrial i had requested continuance his lawyer reset to Aug. 9 tomorrow. Husband trys to reconcile that night with me. Having dinner, says lets go to motel, have sex, telling me yes he did tell lawyer in December 2011 to dismiss but the lawyer dropped the ball ! His words. But he told me he is coming home That friday aug 2, will dismiss his suit and agreed to counseling. He never came home. That Saturday I go to where he normal is drunk as a skunk. And he is there in a truck that is under our trust with me as trustee barely able to climb in the truck. I wanted to call police to get him off the road. My family talked me out of it. We left. We video'd from the point where the truck was located in club lot at 1:45.am. A case of cruelty for grounds and the continued sex and empty promises have got to been seen as excuses for more self gain on his part. Why do I have to wait for action against him for the inheritance theft? When its my families money that I was trustee over? Its not marital issue? Also when I try to call around for lawyer they are all out of town in a conference. So I am going to ask again for a continuance for the pretrial set for tomorrow. Aug. 9 for more time. can I say for a lawyer again and why one wasn't available this week? Can I add in this motion a request for postponement for counseling ? I am confused about steps to take first. If I send in interrogatories today which is one day before then what? I show up tomorrow can I request continuance for lawyer ? Then how and when do I motion for mediation? when and how do i motion for support? I am wondering if on my motion form can I motion several things on one form? Basically if I send out the interrogatories with tomorrow being pretrial isn't that too short.
Expert:  JerrySJD replied 2 years ago.

Your husband needs help. You know that already, but just thought I would start with that, as it is important. You can go to the pre trial and say that you need time because the interogatories just went out, you cannot find a lawyer since they are all out of town and most importantly, you have been trying to reconcile with your husband, who you believe now needs help. You want time for counselling for the marriage and your husbands situation. Also, you and your husband would prefer to go to mediatioin instead of trial, if that is the way it goes.

You need to go to court today, since it is probably too late to get a continuance. Your H might not show up. If he does, tell him you do want to reconcile, but first he needs to deal with the drinking. Tell him that you are willing to help him with this, since you love him and want it to work out. You are willing to try, but he has to agree to work with you. The real home run would be if you get him to agree to withdraw the case today. He can always start again if things do not work out.

There is hope here, as your husband is reaching out for help. He is caught in the quicksand of alcoholism and does not know what he is doing. That can be solved. My experience is that 12 step programs are not the greatest. Rehab is good, because it forces a detox, which the first step, but in the end there is only one way to quit drinking ... don't drink (at all). Simple as that. He wants to stop and get back with you.

Back to today. You have to appear. Ask for time for the reasons stated above. Be nice, calm and rational. When you see your husband, get him to agree to a withdrawal. Then when your case is called for this settlement conference (that is what a pretrial is, basically), you can tell the court that you and your H have decided to withdraw the case to try and work it out.

If he will not withdraw, buy time the way I said. Very tough for the court to move forward when you state on the record that you need a lawyer and you are trying to find one. Also, the open discovery (interogatories) means you are not ready for a trial. Finally, when you say you want mediation, the court should be receptive as they want as few trials as possible.

So now you have a game plan. Go in there and see how it goes.

Customer: replied 2 years ago.
Last nite I attempted to call husband. Answering machine only but I said pleading that after 17 yrs would he agree to drop and do counseling for 6 months. NO Reply. I went to court scared to death had my continuance request in hand stating that due to lawyers out of town in conference and that the husband and I consummated the marriage at motel last week after the first continuance with him stating he was coming home, agreeing to counseling, and for me not to hire lawyer only for him NOT to come home has caused me delay. I was told that his lawyer would have to sign off on continuance. Before court I discussed with him he said, he is hearing different stories I told him I have proof with video and audio of us in hotel room. He said nothing. We go into court room and his lawyer tries to proceed telling judge that I requested this before but yet agreed to this date. LIE Lots of lies he told. But when I got to talk I stated that this was the exact reason that I wanted a continuance because I need legal counsel to defend against false statements such as the ones just made by his legal counsel. The judge in the end, granted me 2 weeks to get lawyer and continuance is set for: aug 30. But do I have a right to ask for mediation ? When he was the one who went for the divorce stating cruelty. Also what about vacant? We reconciled in December 2011. How can I get a copy of the court docs for why he got the substituted service july 18th?



























































































































OTHER EVENTS AND HEARINGS
07/27/2011 Original Petition (OCA)
07/27/2011 Case Information Sheet
07/27/2011 Temporary Restraining Order (OCA L23)
07/27/2011










lReturned Unserved 07/18/2012








Returned07/18/2012


07/27/2011






Precept






















Taylor, CarolUnserved

08/10/2011 CANCELED Temporary Restraining Order Hearing (9:00 AM) (Judicial Officer Silverstone, Mark J.)
By Agreement

12/15/2011 Temporary Restraining Order (OCA L23)
12/15/2011






Precept























Unserved HUSBAND MOVED BACK HOME IN DECEMBER 2011

07/18/2012 Citation
07/18/2012






Citation


































Served07/19/2012









Returned07/23/2012


07/18/2012 Notice of Hearing
07/18/2012 Motion for Substituted Service
07/18/2012 Order for Substituted Service
07/23/2012 Motion for Continuance
08/01/2012 Temporary Orders Hearing (9:00 AM) (Judicial Officer Silverstone, Mark J.)
08/01/2012 Order for Continuance
08/09/2012 Temporary Orders Hearing (9:00 AM) (Judicial Officer Silverstone, Mark J.)
08/09/2012 Motion for Continuance
08/30/2012 Hearing on Motion for Further Temporary Orders (9:00 AM) (Judicial Officer Silverstone, Mark J.)











Hearing on Motion for Further Temporary Orders (9:00 AM) (Judicial Officer Silverstone, Mark J.)
Expert:  JerrySJD replied 2 years ago.

You can go around the lawyer if you get your husband to agree to a withdrawal, which would be best. You need time. He can always start the case again later. Try that first, and if you have no luck, try to get an attorney over the next two weeks if you can. If you cannot, you will have to proceed on your own. If the other side does not agree to mediation, then it will go to trial. A trial is not as scary as it sounds, but you would be better off with a lawyer.

By the way, you did good getting the continuance. Now you need to get H to agree to withdraw the case. That can be done by filing a form. Then it is over.

Customer: replied 2 years ago.
i have begged and pleAded pouring my heart out to him thursday in messages. He is in the hate stage because i took all the assets or autos and put in storage because he stole inheritance and stated over and over he is leaving for ga.but he never mentions any of that in his replys.just i am theft, he hates me,and pucs on everything that he hates. Which means he has woman and is trying to justify his actions. I kept saying in every messages what did do. He never answered until this weekend. I left him alone fri and sat. Didnt leave one meassage. So sure enough i got messages at 1:30ish both friday and sat. I never responded. Very hateful. He hates me. These woman dont steal frofrom him. The reason he left is he says we just werent working and thats it i should stop dwelling on him assuring me the divorce was and dropped and wasnt. Oh, well he says, i lied. So f**king what. Sluring hus words. All hate. I never responded. everything is me. Since he left he admitted taking inheritaNce bzt says his lawyer says i wont be able to proof since it was cash. Nervous. What i got served about what they say the pray the judge approves like not touching money, selling. Etc is that an approved order to me or was that what they want approved at pretrial? I have durable poa cleared to do everything. Remember he never took me off deed from first divorce. he lied all this second mmarriage saying its our house to get me to use inheritance for upgrades etc. Only now that he stole inheritance is having lawyer tell me get out of house its his! Con. i did so much work,he let insuraNce lapse by nit doing founfation issues which has slowly ruined the house. Driveway all cracked so he demanded me to pay half saying its my bouse to. I want back all i put in. I got new insurance back then in both names. Also we ran our taxes under small business from home my cleaning service and his car restoraTion. His truck that was separate property that he upgraded at least 5k of marital income plus we ran as business equipment wouldnt u think all autos that ran under hzsband and wife business taxes is community property now? All autos are under living trust now. I am trustee. With poa and trust doc could i sell camero as it states i can under poa and trust for a loan or restitition for inheritaNce ? He admitted over and over he took. Or maybe a lien? Any ideas? Also line of credit on house? I have all authorities on legal docs. Also he did financial statement stating he and i were joint owners of homestead and all autos were listed. I had him do this when he basically forced me to do all the work for his credit card civil suits telling him that the crourt needed it. They never did. I made him sign that and put thumbprint next to name. I was trying to get in writing what i could about him staing i have my vested rights in house back altjough i was told cuz he never took ne off anything thT when we remarried that i got rights back didnt sit right with me. Sure enough ny gut was right abiut hubby using me then trying to say the house is his! have zero support since june ?tips advice ????? also if he wins case of house being separate in the end can i have invoices drawn up Nd have him recoup me for cleaning, tree cutting, pool cleaning, etc???? Not my house why not?please assist....i think he has interest in another woman. I offered to bring home all autos, let him keep inheritance until after 6months of cohnseling then we would decide if we still want divorce. Telling him i would not pressure nag..etc...to just come home. He is living with a woman, his sons girlfriends mom which doesnt look good but i think he gas been seeing another woman or he would have agreed. I want him to be held accountable for the lies telling me horse is ours, work on his debt we will stay married forever!! right! its just wrong. No law protecting women against cons or empty promises. I pkeaded today for him to give us chance. He actually called me. only to insult me. And tells me every one in my family he hates czz they helped me get autos from him. Be gas one to drive and trailer still! says i will never know how to be good wife. I worked my butt off. everything was me not ince did he say sorry for the theft or insulting my dad stealing his money on his year death aniversary?he said i am dumb bitch. Stupid bitch for saYing what i did in court. ??? I am him to be accountable and get help? What sbout writing judge? Can i send meassages where he is ugly sounds confused and beg for manditory counseling? Do i have to send his lawyer copy? Please assist
Expert:  JerrySJD replied 2 years ago.

As of now, is the TRO in place? You said YES in your first post. You have hearings coming up for temporary orders. What are these orders for?. The temporary orders hearing is on August 30. Your next move is to be ready for August 30. You also have to send out interrogatories as I stated in the first post. You need information.

If you have to go, you have to go. It says the TRO is issued. There has been a hearing on this. Fact is that house should be considered community property, since you lived there and put money in. That can happen even if you are out.

This is getting quite involved. You should retain an attorney in TX to guide you through this, as you are now in an emotional roller coaster and need someone to help you focus.

If you cannot afford an attorney, then send out the interrogatories on your own immediately. Then when you go to court, you can show that you are awaiting responses to discovery which have not come in. Also file a Notice of Drudgeries with the court.

When does the TRO say you have to leave? You need to read that carefully and see what is required. Be careful. If you leave, where will you go? Why did they grant the TRO? What did they say you did? How did you get him to leave?

Customer: replied 2 years ago.
Thats what I have been saying the TRO was never served to me. He came home in 2011 Around Aug. 1, 2011. I told him I wasn't going on vacation that we planned (american flight which I video'd).to his home in Georgia at that time unless I had documentation that he did dismiss this case. I told him if I get served I have to get lawyer. :) to put pressure on at that time to quickly make him drop it. He said, I dropped it trust me! He said, go in my email and see if my lawyer office wrote back. Because it was late friday when he came home. That monday he emailed his lawyer he wanted to drop. I seen the email and copied it all! We were to file out I think Aug 5 2011. Saturday. He supposedly asked for his refund of 1k to go to him at his work. He was upset emailing back and forth with lawyer why it cost so much 1,500 just to do what he did. So I seen that and the assistant emailed him saying they informed the server and would file the nonsuit asap. My husband told me if someone knocks don't answer. We left for Georgia in Aug. 2011 a saturday. He reconciled. Now in December 2011 I got mad cause of all the excessive spending I found out about and he left mad again! But he came home. He likes to leave for 5 days not being available not caring and doing god knows what. But he came home December 23, 2011! The first time he left was when my father died June 24, 2011 about a week or two after he made sexual advances when I picked up my dads ashes and I ignored him So thats when he wrote krama. He said, I was mean to him for that whole year my dad was sick. I said, yeah cause I supported myself and you spent on you you you! Anyways that was in 2011! We went to lunch June 24, 2012 one year anniversary of my fathers death. He trys to race someone we are in 68 camaro. I get mad at him cause he had drinks. He goes in house and reclines. I get mad and decide I am gonna drive camaro he never ever let me drive for five years. He never titles anything in my name. His only. Kept all keys too. Never gave me one. I had to secretly make. Never on his account either denies me access to income and I have support myself and have been a slave pretty much. I was gone maybe 15mins. Came back he had every auto loaded on trailer. All the autos that are in the name of the trust. Where I am main trustee. He has no authority. We did this to protect from his creditors. But he had the truck loaded down with boxes, property, suitcases. I said, what in the world? He said, I am leaving for Georgia. Fu ! It was like he was another person. Evil. He let out everything he was holding in. Cause after he drove off I started thinking this man is all about money he acts like he hit the lottery! Then it hit me! I ran to the office in our home and checked my personal family file and he took every dime! 48,500 And the marital cash he had locked in a vault which I had no combo to! Gone! Police said, marital issue. I am not working right now. I was just doing his debt and he knew that my Realtor classes were starting the following week. He turned my phone to call only. Turned off internet. And started spending like crazy. Wouldn't answer the phone. I cried. He returned the 3rd day only after I kept calling his work. Then he said, I am coming to return the money. He did return some. But then he and his son came to the home got more property, and took the cash again! I called police but they were long gone. So that is why I am upset. He said, this divorce was dismissed. Even in December 2011 I told him I don't see notes on the public site that it was dismissed. He said, I assure you he dismissed. Just keep working on my debt cases. TRUST ME he said! I have had 4 cases dismissed for him. I have my appt. with lawyer today. Its just so much money. 2.5! I was thinking how can they be so dishonest? The petition he says, he is stating we haven't lived together since 7-2011!! Lies. You are teaching me alot. But I will say this lawyer asked who his lawyer was an said, he is then she paused, I said, deceitful! This lawyer told the judge last week that I told him, Ken returned all the money and I have a duffel bag full of money! This lawyer I will probably have to hire said, yes his lawyer has been getting too big for his britches! She said, the good news is word is out about him. But his lawyer told the judge, I was delaying the court and he wanted $500! He also lied and said, i had a lawyer lined up but didn't show up. Another lie. I canceled to go with this lady because she seemed more anxious to put my husband lawyer in place. But couldn't get her till today due to conference. But i waited my turn to speak and was looking right in the judges eye told him how husband got me to go to hotel....blah blah...deterring me and my efforts with more empty promises. I said, the only reason he left our home was inheritance theft! I wanted that on record. :) The judge didnt agree thank goodness to that fine of 500. But now I will look up drudgery. I have been up late getting all the documents to copy for the lawyer. Was just hoping maybe a letter to the judge pleading with him after telling my story then asking to mandated counseling first. ???? This is a 17 year total union and we have never ever went to counseling. I should try to copy myself to cut expenses I suppose. I think they should have to start the clock over on the whole petition due to deceit or Vacant is what someone said. ??? But the petitiion states he is filing cruelty, the pray that during the divorce I am vacated from home. Which they tried like heck to do last week. But judge said, no we will give her two weeks for lawyer and then have pretrial aug 30th. everything else in petition is all their requests, don't spend anything just what they allow but I have no access to any money so I sit here with nothing for me or the dogs all this time. He is almost 50 and can't get enough of the club. Thats where he runs to everytime. Right after my dad died he left then months later my 11 year old female dog died, then 2 months later the 11 year old male. I had to digg the hole he made me for her. 4x4 foot. They are in our yard. I have it real nice with my fathers ashes in the area too. Pond, garden, grave site. Here this man talks about future plans only to leave like this and wants to say this is HIS house. I cut tree limbs, all yard work, caulk, insulate EVERYTHING..he spends. I am crushed. I want him to be held accountable for his words. Its wrong. Now I have to leave my pets and we have the male and female that died, their son and my two little dogs. He wanted that male and now he don't care if he is hungry or needs vet. I don't know who this man is. sorry venting. but I have begged, cried done it all on his voice mail. He won't give me face to face since I told about his hotel tactics. :) Plus I think he knows if he sees me he may feel sorry and give in. Maybe I will go to his work with bags under my eyes today . Ha ha. He called me at late hours and is insulting so thats why I started to wonder if in the petition all their request were granted? Seems that is all the things he was wanted to push for on pre trial????? tips, pointers, thoughts, please assist???? I have two weeks for lawyer. Should I try letter to judge.? too late? help?
Expert:  JerrySJD replied 2 years ago.
Letter to the judge will not get you far. You better get an attorney as soon as possible.

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