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PDF Editor FAQ

As a family law lawyer have you ever run a case you seemed to be ripping your hair out over through the whole case? What did you come away with as an insight?

I have run into this problem as an attorney and as a mediator.In a mediation where I served as the mediator approx. 3 years ago, the parties came to me for several sessions. The wife had a great attorney. She fired him. She was an engineer and said that she was smarter than anyone else (including the judge) and that she’d never hire an attorney again. Unfortunately, she had a huge ego - but no knowledge of Texas law or courtroom procedures.She also wanted to micro-manage the father’s time with the child 100% - even to insisting that ONLY she was capable of combing the child’s hair - the child was approx. 10 years old. Dad was also an engineer and capable of learning how to do the daughter’s hair.It was the only time in my 10 year mediation career that I wrote a 6 page letter to the judge (with copies to the parties and husband’s attorney) that went over each of her complaints one by one. She had over 40 issues for me to address! The judge totally agreed with me and entered the Final Decree of Divorce per the Mediated Settlement Agreement.At the end, the husband and his attorney called me to thank me for my professionalism in dealing with her “unusual” and “demanding” behavior.As an attorney, I eventually learned that if a client started to behave badly to just withdraw and walk away.I lost sleep many times over child custody cases - in many cases I cared more about the children than either parent. Their “bad” behavior broke my heart in regard to how it impacted the children.

Does the bitterness of divorce linger?

My first divorce was unexpectedly difficult. Unexpected to me, anyway - I was done, and thought that the rest was just legalistic plumbing.We had a marriage that didn’t function like other people’s, but it worked for us. Right up until it didn’t. I made a snap decision in the heat of a fight, and with that, I was gone. She did a few things after that which didn’t go well, cementing my decision.While I’ve got regret about that, this isn’t that story.The legal fight was epic, and was largely over her feelings being hurt that I would have, as she put it, the temerity to deign to divorce her. It took over a year, close to two, to get from the day I said “I’ll move out by the weekend” to a final decree.A close friend, who took me for drinks that afternoon, said that when her divorce was finalized, her mentor took her out in a similar way and said “Welcome to three years of hell”.I sort of laughed about it, thanked her for her advice, and said I wasn’t like that. I’d made my peace and I was moving on.That turned out to be overly optimistic. By, as it turned out, nearly three years.The property settlement dictated by the decree started another ongoing fight. I felt like my head was going to explode nearly every day for a year.On top of that, I was one of the first people in Texas assessed spousal support, thanks to bad timing on when I filed versus the change going into effect. That meant I had to write her a check every month for three years. Which was compounded by the amount of financial loss I suffered during the property distribution portion of the program - not just that I had to give up half, but thing happened to turn the value of that half into less than 10% of what it would have been if a more even hand had been applied.And every few months, something else would come up that infuriated me. I’d rant and kick the furniture and swear, sometimes swearing wrath and vengance.But a funny thing happened… at 40 months, I realized that I was about to write yet another support check… and that I’d written three more checks than I’d been required to write. And instead of all that fire and pain and anger and bitterness… I laughed.Then I wrote her a note, saying that I noticed I’d overpaid but not to worry about a refund, and wishing her well.In the intervening 20-ish years, I’ve not had an ill thought about her in any way. In fact, I’ve realized that if I had the maturity on board that I currently have (not much, mind you, but it’s all I’ve got) that the outcome would have been very different. We’d likely still be married.I encountered a game at my favorite local game retailerand in consideration of the “exploded cow” incident (see Stan Hanks's answer to Would you blow up a dead horse recreationally?) bought it to send to her.This was very spur of the moment, and ill considered. But I knew in that moment that I needed to buy it and send it to her. Alas, between bridges she burned and those I burned, I’ve lost track of how I might possibly do that. The last friend we had in common passed away unexpectedly about a year and a half ago, as I discovered when I reached out to get her address.All of which was an interesting, and revelatory, process for me.The bitterness and anger was largely over the loss of what I thought I had, and what I believed I should have had. There may have been bad behavior, there may have been hurtful things. But it’s that loss of what I wanted and didn’t get that killed me.And over time, that fades.Hopefully, you’ll find that too - and that it fades into seeing what you did have, and valuing that, and the person you actually chose to spend that slice of your life with.

Is hiding assets during a divorce a fraud upon the court?

Most probably…Your lawyer should have sent questions to your Ex that he had to answer under oath.Perhaps he testified under oath about his assets.Good divorce lawyers down here will put a paragraph in a Final Decree that says something like, “any assets hidden by one spouse, and not listed in the attached Exhibits and lists-of-assets, are hereby awarded to the other spouse (from whom they were hidden).”Good luck.Jim, down in Texas

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