There are so many new things you get to experience as you get divorced. You get to see what it is like to be on your own, again, or maybe for the first time. You get to see what it’s like to cover many of the same bills you had but without the same level of income and usually with additional child care or debt levels than before. By far, the most fun has got to be how familiar you get with the legal profession.
In our case we’ve had a lot of fun with law suits this year, not all of them resulting directly from the divorces, but the ties are there even for the one that could have occurred regardless. The issue for me has really been the drain on the bank accounts which I would certainly prefer to use for fun things for our family rather than just to provide them to an attorney to represent us on something stupid that should be decided in a much simpler way than with all the legal maneuvers needed in the US justice system.
A simple case of getting the kids to change school systems this summer ended up being billed out at $3,000 but happily the attorney discounted it to $1,100. Then we have the case of removing alimony when all conditions are met and they even admit to them in their initial response from their attorney, but we still need to file all kinds of motions and fun things and then it is less costly to settle even though it is for a longer period than the evidence or anyone rational will understand, but because the legal system requires all this maneuvering it takes so long that you are better off doing irrational things.
Most recently I just got served with a suit on the house I sold after the divorce to down size and be able to afford my housing costs. Turns out after they bought the house, they had a lot of things go wrong so now they feel I did not disclose something. When I was there none of the issues they are experiencing were there not did my inspector nor there’s find them in two different inspections within a year of each other, yet somehow I am supposed to know about them? So we need to provide an answer, submit interrogatories, go through depositions and file a motion for summary judgment. If somehow the fact that there are no facts in dispute as I disclosed everything I knew and we need to go to trial there will be document exchange, expert witness gathering, and who knows what else. As I talked with my attorney, I have worked with a different one for each suit, he explained that these cases can take a year, but he does not expect this to go that way as it is a pretty frivolous suit. It all sounds great until you understand frivolous is true in every way except one, the money spent on attorneys to work through the frivolity. Can’t you hear me belly laughing already?
So you could say that the house suit is not divorce related, yet it is because if I had not been divorced I probably would not have sold the house and therefore no one would have purchased it to sue me.
The frustrating part of all this really becomes the system. As I found out, the is really no way to get my attorney fees back if this proves to be what I know it is, a wild goose chase. When I sold them the house it was in the condition their inspector found it in; aged but certainly not with any latent problems I was intentionally hiding or lying about as they contend. Even if I prove that though, because we would have to prove that their attorney filed suit knowing that the case was bogus, I am out whatever thousands I need to pay this attorney to go through the fifty steps needed to simply tell the judge “this is a bogus law suit and I disclosed everything I knew”. The complexity is astounding.
One can argue about the problems in time past but when Jesus stood in front of Pilate and was judged it was just him and Pilate in the room asking and answering questions. In 10 minutes he had his answer and he went out and told the people “I find no fault with this man”. Jesus did not have to pay a retainer, file a motion and ask for summary judgment. He did not have to spend money to file a lot of paperwork with the right margins or get charged $20 for each page because the margin was off ¼”. Sure, he was put to death but that was a result of mob rule and not the legal process. Maybe I’d feel differently if I was on the other side of the coin and want the legal system to be slow and plodding and ineffective at determining I was a vicious criminal that should rot away for life or be put to death. During those times you don’t want the traveling magistrate who rides into your town listens to the evidence for two hours and sentences you to death by hanging for strangling your neighbor’s daughter. You want the interrogatories and expert witnesses and sitting around on death row for endless appeals for years on end. But when you are living life as you should and being honest and doing the right things, having to pay someone thousands of dollars to settle a simple question is frustrating and a drain on family finances that makes no sense. I’m not spending money on a life saving drug to keep a child alive. I’m not donating money to a charity that is feeding starving people. I am paying money to a system that is convoluted, bloated and very ineffective in doing anything other than enriching the people who work in it.
We are supposed to be planning for a vacation in about a year and a half. Instead all the money we have saved up so far is tied up in $5,000 of retainers on two law suits that both should never have happened. In the house case I can at least understand that the people on the other end may not yet understand that I really knew nothing about all the terrible things that have befallen them and their house, but in the one it is only legalized extortion to allow my ex to get paid by a system that makes it ridiculous to prove what even my 9 year old child knows. Mom is living with another person and they are paying bills together. Mom can laugh about it openly knowing that the system will allow her to collect for months more even though she should have been cut off months ago. In the house case, even though the people might soon understand that the unfortunate truth is that I knew nothing and these repairs are theirs to bear, the complex system will still drain our family of money we could certainly use for more useful things like clothing and food.
Sadly, I have few words of wisdom to offer on this topic. It is just a reality of society today that legal wrangling takes center stage all too often.