It's Hearsay

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A divorce but why?
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There's an old saying that loose lips sink ships. Sometimes the best way to resolve a problem or a situation is to wait it out. The problem we humans have is that we are so busy trying to push the situation to get the problem behind us that we lose sight of what's right in front of us.

After three years of marriage, my loving wife had filed for a divorce while I was on a two week run in the farthest corner of the company's sales territory. We sold computers to set up to run certain lines of equipment. I was one of the few that could also install them. As a result, I had been sent into set three new installments up.

In the divorce petition was the reason why she had filed. According to a third party's statement, I was having an ongoing affair with her father's secretary. It was humous because his secretary worked at his state capital office. That was two hundred and seventy-five miles roughly from where we lived in Jackson Missouri. It made it sound like I was taking two days a week to travel to the capital to stay overnight in a hotel and drive back the next day.

Upon my first day back I was fired, no reason was given but I was paid what was due according to the state's labor laws. I believed but could not prove it was because of what was being claimed by my wife in her divorce petition. My boss and my wife's family were members of the same community church.

I smelled a setup. I had only met my father in law secretary once and that was during our formal engagement party. She had tried to come on to me and I had shut her down. Someone had seen the chance for advantage and went for it. The question was who and why now?

Rachel's father was more of a follower than a man who could stand on his own. He got into politics only when his father had decided to retire. His great grandfather a career politician had known when the interstate was going to be built and had bought the land around it all throughout the state. He had one rule; he only leased the land for development. When the lease ran out the improvements torn down ready for new development. The family ended up using some to develop their own Inn chain and bought other businesses. When he died the family was super-rich as a result and had continued on as he did. It was almost like a golden parachute for the whole family. He had won the seat in a landslide and had kept it ever since.

It hadn't even been a week since I had been served and here, we were standing before Judge Donald McDonald. I had not even hired a lawyer and was sleeping at a friend's place until I got back on my feet. My wife's lawyer a well-known feminist who was from state capital wanted to get the court moving towards the divorce. Even to the Judge this just seemed to be rushed and he wondered why. He was hoping to find something that would slow down the plaintiff's rush for judgment. It gave us both reasons for wanting to slow things down.

What had stuck out right away was that my wife's lawyer had scheduled the first appointment before the Judge the same day she filed. I listened with interest to what she had to say in her opening statement. The Judge then asked me what I had to say.

"Your honor two things have happened. First of all, we are all here before you because of hearsay. There is no proof. As for my wife Rachel and I as far as I knew everything was fine." I said.

"Secondly, I believe it's primarily because my wife Rachel is about to come into the rest of her family trust. Under state law when that happens, I automatically would be entitled to half if we got divorced."

"How soon is that going to happen?" The Judge asked.

"On her twenty-fifth birthday which in less than six months away," I said.

The judge picked up the petition and read the complaint through in full for the first time. After pausing for a few he said, "Mr. Richards do you have anything further to add?"

"Only that my former boss is my wife's father's best friend. They like my wife and I are members of the same church. When I returned from my last sales trip I was terminated, and no reason was given." I explained. "I request that my wife be forced to pay my lost wages until this is resolved. Her current trust is worth ten million and is still being controlled by her father. On her next birthday, she gets full access to the rest which will bring the total amount up to one hundred million. At that time according to the way the trust was set up her father also loses his control over it."

The judge turned to the feminist lawyer and asked. "Do you wish to dispute the facts that were just explained to me, Ms. Livingston?"

"No, your honor that's why I filed because the wife feels that there is no way they as a couple can work their differences out." Ms. Livingston explained.

The judge saw me smiling. "Any further thoughts Mr. Richards.

"Only one your honor," I said. "My wife is six weeks pregnant with our first child and I think that she is being influenced by others because of my point of view."

Having perked the judge's interest, he said. "Explain further please."

"My wife's family and friends are all politically aligned with one party's point of view. I am an independent with more of a conservative point of view," I said. "I feel her extended family are afraid that I am going to expose our unborn child to my point of view. With the political environment, we are living with the fact that hearsay is being used implies that this may be the very cause."

"There's no proof of that your honor!" Ms. Livingston said with excitement. "You can't allow hearsay to be used in court."

The Judged looked at me with a big smile. Then turned to my wife's lawyer.

"Your right Ms. Livingston we can't accept hearsay. That is why you're going to get the lady who provided the statement to appear before me so she can give the names of the party and their legal addresses who claimed to witness these things happening. I want them so I can subpoena them so they can testify before me in court." The judge said in anger." And since Mr. Richards as you have pointed out has been evicted from his own house and fired because of those same influences that started this I'm ordering Mrs. Richards to pay him five thousand a month temporary support. Retroactive from the day this was filed before the court, so his first payment is due."

"Your honor you can't do this," Ms. Livingston said. "The witness lives and works in the capital."

"Was your client's husband allowed to get anything out of the house? Did his wife confront him with the accusation?" Judge Donald asked.

"No, your honor to both questions!" she replied. "This statement was just recently obtained."

"By whom? You acted just like a politician, saw a chance to earn a dollar and take advantage of a situation to affect the outcome." Judge McDonald said firmly. "Come back in here again Ms. Livingston with a divorce that appears to be over the difference of views of those outsides of the family itself and I will hold you in contempt. Do you understand."

"Yes, your honor." She said meekly.

"Ms. Livingston in my court I expect both parties to physically present so have her here the next time you appear. One more question who is paying your bill?" The Judge asked.

"John Brownstone!" she answered.

"The local representative for the statehouse?" the judge said. "Who spends ninety percent of his time at the state capital.

"Yes, your honor," I said. "He's my father in law."

"How do you get along?" the judge asked.

"We tolerate each other," I said. "When he starts talking about making the country a socialist country, I leave the room. We both know each other's views and I see his conduct as trying to put a wedge between my wife and I."

"So, you haven't talked to your wife since you have been served?" the judge said.

"No, your honor. I did swing by the house to talk to her but learned from the security hired by her father to watch the place that she was out of town and that the locks had been changed. She has either changed her phone number or blocked me "

"Ms. Livingston where is Mrs. Richards currently residing." The judge asked.

"In the capital, with her father." Ms. Livingston responded.

"I see this is looking more and more like a hit job to me. Looks like Mr. Richards's view of things is exactly what is happening. I expect you both to appear before me a week from today at nine am. The court is adjourned." The judge said.

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I showed up in court with a lawyer this time. I could see my wife Rachel sitting beside Ms. Livingston and a lady I did not know. After taking the bench Judge Donald McDonald went right to work.

"Ms. Livingston has the defendant being paid the court-ordered alimony?" The judged asked.

No, your honor. Her father is refusing to allow it to be paid out of the Trust." Ms. Livingston replied.

"Let me address your client directly and have her answer through the mike." The Judge said.

"Mrs. Richards, you are of legal age are you not?" Judge Donald asked.

"Yes, I am," Rachel replied.

"Where are you residing at this time? The judge asked.

"With my father at the house in Jefferson," Rachel replied.

"You are living off of your trust right now. What were you using for money these last five years?"

"My husband and I both worked very hard. We did not need to touch the trust. Five weeks ago, I told my father that I wanted some of the trust money to remodel one of the bedrooms into a nursery." Rachel explained. "He decided I should quit my job because I could use the trust money. My husband said no we can make it on our own. My father said he didn't want anything affecting the birth of the child and my working may do that."

"This letter used to file from a divorce how did you come in possession of it?" The judge asked.

"My father said it was mailed to his office and he brought it to me."

"Did your father out and out refuse to write the cheque from the trust for support." The Judge asked.

"No, he said I should refuse to settle or pay anything until all the lawyers have worked everything out. Rachel said. "So, since we need both our signatures on any trust cheque he just refused to sign."

"Bad mistake Mrs. Richards I'm holding you in contempt of court. Officer escort the lady to jail as soon as this hearing is over. What your father says or does has nothing to do with this case. You in my eyes are an adult and will be treated accordingly. Mrs. Richards, I order you to turn over possession of the marital home to Mr. Richards since you are not residing there. He helped pay for it, so he has just as much right to be there as you. Ms. Livingstone if Mr. Richards is not back in his home by four this afternoon, I will hold you responsible."

I looked at my wife as her face turned white. It was fun watching her have to deal with the fact that her father's wisdom had led her directly to jail. There was no way her dad could get here before the end of the court day which meant Rachel would be exposed to a world she had never seen. Ms. Livingston was beginning to realize that she was not dealing with a liberal-minded Judge.

"Ms. Livingston, I presume the other lady is the one that wrote the notarized hearsay letter claiming that there was an affair so have her approach the mike."

"Name, age, occupation, and address please." The Judge said.

"Nora Charles, thirty-four, an office clerk at the capital." She said before disclosing her address.

"Do you have the names and addresses I requested?" The judge asked.

"Yes."

"How do you know these ladies?" The judge asked having a pretty good idea of what she was going to say."

"I work with them at the capital." She responded. She then walked up and handed him the list.

Handing the paper to a clerk he said have the subpoena's drawn up and served. All charges are to be assigned to the plaintive. Ms. Livingston was livid. She had never seen a Judge act like him.

"Are there any further items to bring up today?" the judge asked.

"How long will Mrs. Richards be held."

"Until someone presents this court with the alimony for this and next month's support." The judge said.

"Your honor that's not fair. Surely there is some wiggle room here." Ms. Livingston said.

"It appears that the only reason any of us are here is because of the conduct of a father who can't stay out of his daughter's business." The Judge said firmly. "It's obvious this situation is really all about the trust Mrs. Richards is coming into. Her father sees himself losing his control over it and her. He also seems to believe that if you don't live with the same views of things, you're a danger to his influence over his adult daughter. Therefore Ms. Livingston, get to this court by next Friday a copy of Mrs. Richards's trust. The court is dismissed."

I watched the court officer escort my wife out of the court across the street to the county jail. I knew it had to be humbling for her. The problem was she was constantly pulled by her father to help further his political career. I had refused to allow her to become the social butterfly he required. By marrying his daughter, I had brought an end to his eager pawn. For the first time in her life, she had to live within a budget. I realized that he had been slowly drawing her back into her former lifestyle. While I was on my last sales trip he had gone for the kill. Everybody had underestimated the judge except for me.

-------

I had noticed Rachel that first year at Southeast Missourian University. Who wouldn't? She was a real looker? I knew that the men would be lining up to get the chance to date her and I was right. With long black hair, a slender softy body whose natural curves drew you in she could easily capture a man's attention and did. She had a too trusting personality which if taken advantage of could cause a lot of problems.

She seemed to be involved in all social or political activities. It was and never would be my cup of tea. I had more important things to do. I had to work to eat and for room and board. For my parents, my borrowing the funds to attend school was too much. We were taught from being young to find a way to pay our way.

It took four years, but I graduated with honors just barely making it. There were rumors not proved that her graduation certificate was bought and paid for.

Six months later John Brownstone was doing a tour with his daughter in a plant where I was installing the latest computer system and programming it. She strolled over to introduce herself and when I got up to say hello, I was welcomed with the greatest smile.

"Hi David, we went to school together, but I never saw you outside of class," Rachel said. "We thought you were an introvert."

"No, I had to work full time to get through school." I disclosed. "So, between school, studying, and full-time work hours my social life got set to the side. Since then I have lived as cheap as possible to cut down my student debt as much as possible."

"Will you be in Cape Girardeau on Friday." She asked.

"Yes, I work out of Cape, so I still live there," I said. "I should be finished setting this new system tonight. I will spend tomorrow making sure it's all working before heading back."

"Appleby, 's Friday a seven then?" Rachel said.

"It's a date," I replied.

About an hour and a half later just as I was finishing up the general manager came over and told me that the representative's daughter had been asking questions about me. I told him that we had gone to school together but associated with different crowds. He smiled and said there something in you that she's attracted to young man so be careful because that lady is marriage material.

We met and the evening went well. We went to a bar along the university row and had a few dances. I guess she got upset when I didn't ask her for a second date. When she asked her friends, what was wrong with her they told her the simple truth. He still sees you as belonging to a separate world. He has worked hard to get where he is. You haven't worked an honest day in your life. Nor do you appear to want to. He's at the point where he's ready to settle down and start a family. That means joint responsibility and an approach to life you don't have. You're still spreading your wings and living like nothing means anything.

It had upset her family when she took a job, got an apartment and started living in the real world like everyone else. It didn't take long for her to realize that she had no clue about how the real world worked. For Rachel, it was a life-changing experience. She was learning at her age what it was like to do the basics like cooking, dishes, and laundry. We all saw her struggle with normal things we do in life as she learned them as an adult.

Some of her high-class friends dumped her as a result. They couldn't understand what she meant when she told them they needed to get off their privileged life and discover the reality of most. It had been a rough six months, but I had noticed she was adjusting. So, one Saturday I saw her in the mall sitting on a bench looking sad and lost in thought. I went over and sat down beside her.

"Rachel there's a community dance being held on the fairgrounds tonight. Would you like to go with me?" I asked.

"Why now?" she asked in complete surprise.

"Because you now understand the world I live in and can see some of the phoniness of yours," I said. "As a result, you have grown up a lot the hard way. You have shown great courage and determination these past few months and have earned my respect."

We learned that night that we both loved to dance. It was fun to see her actually enjoy herself without having any "airs" influencing her. She asked me on the way home why she been accepted by so many without question. I said because you were just being yourself. For a person with your upbringing that speaks volumes. As I walked her to her apartment door, we kissed for the first time.

It wasn't long until we were seen as a couple. Her mother was thrilled with the changes in her daughter. It amazed her to find out that she had learned to be a pretty dam good cook. Her father was another story. He was not impressed that his daughter was becoming a well-balanced adult woman. He hated me because I would not discuss politics with him. One night out of frustration he went at me. His wife and daughter were shocked when I went at him using his own arguments against him like the skilled politician, he thought he was.

Later privately Rachel's mother warned us that her husband hated to be made to look like a fool. David, he expected you to fold because he thought you knew nothing. He was not prepared for the facts that came from your lips. He thought you were a shallow person; you proved you're not. He will hold a grudge until it forces him to try to take you down.

I had learned young that power and influence earned was always respected by the one earning it. When being handed it on a silver platter it became a tool to keep others under your control and it became corrupted.

It had been at my parent's place on Christmas eve that I got down on my knee and presented the ring to her. Less than a year later we were married. Her father wanted to make it the biggest event of the year. Rachel had shot that down fast.

---------

It was Monday afternoon before I went to see her. Rachel needed that time to think things out. Judge McDonald had done us all a favor by throwing her in jail. Her high and mighty father couldn't get to her now. Her mother had always been a buffer for us from him until they got divorced.

I watched her walk in looking sad and depressed until she saw who her visitor was. Seeing it was me she broke into a smile as the tears started to flow.

Sitting down across from me she said. "He did it again! Didn't he?"

"Looks like it," I replied.

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