A morning in divorce court

The older I get the more some things become a little easier. This morning was a good example. I had a divorce case in Superior Court in front of Judge Edwards. The defendant in the case was unrepresented and had failed to appear at mediation or respond to our efforts to settle this case. The reason why my client had come to the conclusion that it was necessary to file for divorce was because her husband had left her and her five children, quit his job and had habitually spent more time in the ATL than at home with his family. She was working alone to support the family. No longer had his income to help with the effort. In her frustration, she had finally decided to file for divorce.

A few more details. I had first dealt with this couple when I had assisted them with a habitat house, which, of course, is a program where the local chapter builds, sells and finances houses to deserving low-income families, for no interest, at cost. Part of the reason the wife's decision to file against her husband came so slowly was because she was afraid without his income that she really couldn't afford to be without him or to hire me to effectuate it.

Into this milieu comes the local representative for Habitat, who calls me to see if I won't file the divorce case for next to nothing. Being the soft touch that I am, I agree to file it for $100.00.

Then comes the hard part. Trying to find this husband, when he is basically living from place to place. Even later, when he came back home, at night, periodically to sleep in the house, it was still going to be difficult to have him served. As the summer continued, my ability to get him served and get the case finished was a problem.

In the middle of this, my client is coming to my office, or calling me to find out what is going on. Without service, I can't start the process. She is not going to give me anymore money. Then my Habitat rep is calling to find out what the status is.

Then a break. The defendant is arrested and is sitting in jail trying to make bond. Now I can have him served easily. Maybe we can even get the divorce finished before he ever gets out. But at least I can get him served.

So I file the documents. Service is effected. The clock is ticking. I contact the ADR office to get mediation set up or get a release from mediation. Then he gets out of jail; no big deal, we set up a date for mediation.

The day for mediation comes. He calls me on the way to mediation. I tell him he has to show up. He says he can't. He says he can be there in thirty minutes. We arrive at the mediation office and he informs them that he can be there in an hour.

Finally, my client shows some grit and says, "no." Mediation is ended. He has to pay the whole bill on the mediation.

Now we can set it down for a final hearing.

The day arrives and I meet with my client and fill out a support affidavit and child support documentation. We go to court. He is finally present. The case is called. I present the additional documentation to the judge. I begin my case.

As I near the end of my presentation, the judge asks me about a prayer for attorneys fees. I look through my pleadings. There is none. I turn to my client. "Do you want your husband to pay my attorneys fees?"

"Yes."

"How much in attorneys fees did you pay me?"

She gets a very shy look on her face, "How much?"

"Yes, how much did you pay me."

"A hundred bucks?"

"And you want the court to order him to pay my fees?"

"Yes?"

I turn to the judge, "That's our case, your honor."

The judge turns to the defendant, "Do you have any questions for the plaintiff?

The defendant looks up, "Sir?"

A cloud of consternation crosses the judge's face, "This is the time when you can ask the party any questions. Now, you can't testify. If you want to testify, that will happen later."

The defendant's eyes drop to the table in front of him, "I don't guess I have any questions."

The judge looks at me, "Do you have any other evidence?"

"No sir."

"Good. Now, Mr. ________, you filed an answer and you said your wife shouldn't get a divorce. I want you to know that if she wants a divorce I will grant her one. Now, what do you want to tell me."

The defendant is staring at the table in front of him for an answer of some sort. "Well, judge, I just want you to know that I have been taking care of those children and we have been working together...."

The judge cuts him short, "When was the last time you had a full time job?"

"October 2006."

"And what are your prospects for getting another job at this time?"

"Well, I've been working on preparing to get a job."

The judge looks at him critically, "Preparing to get a job? What does that mean?"

"Well, I mean, I am getting ready to get a job."

"Do you have any other place to live at this point?"

"No sir."

"And you didn't appear for mediation and you owe the ADR office $200.00. Is that not right?"

"Well, I couldn't make it to the mediation."

"You had an opportunity to work this out and you didn't take advantage of it, did you?"

The defendant was silent.

With that the judge turned to me. "Tom, you might want to write this down."

"Yes sir."

"This is a temporary order...." and with that the judge lowered the boom on the defendant.

I motioned my client down from the bench. Her eyes were wide. "What is happening?"

"Lets go to my office and I will explain."

With that my day in court basically came to an end. Now if I can just get the defendant to pay my fees.