Whose Fault Was It Ch. 02

Janet's eyes widened with shock, "Where is he mother?"

"All I know is that he was in Tulsa, and I presume that was Tulsa Oklahoma. He has left there but didn't disclose his destination."

"Oh Mother, do you think he is on his way home?" Janet's spirits lifted.

"I wouldn't get my hopes up Janet. If he was headed back he would call. Now Jeremy suggested you retain an attorney. I will get in touch with Marcus Feldman, my attorney. He can at least give us an honest assessment of the legal ramifications."

Hilda was still there Monday morning. Janet didn't want to get out of bed. "Janet Lane Parker, get out of bed this minute. You might have lost your husband; if you have, you will need to keep your job if you want to support yourself."

Janet did get up and go to work, but she was late. As she walked in she imagined every eye was on her and every whisper was about her. Here first order of business was to complete all the work from Friday. It was a little easier to concentrate but still Janet had a nagging feeling in her soul. Again she was the last to leave the office that evening. She had a little hope that Mark would be home when she got there but that was dashed when she saw the empty garage.

Monday Mark made two job interviews in Chicago. True both were preliminary and by HR, but it was a start. He felt he had a good chance at one of the jobs because it was stationed in Seattle. Not many in Chicago wanted to go there, and with the tight economy many companies would be reluctant to fly a local in even if they had interviewed at the regional office.

Janet went to work Tuesday and was immediately confronted by Steve Hill. He offered his concern. Mostly Steve wanted to know if Mark would come looking for him. Janet told him to get out of her office and if he ever came into her office again unescorted, even when sent for, she would cut his ball off with a pair of rusty scissors. The entire office heard the threat and laughed as Steve, the office 'stud' was run out of Janet's office.

Tuesday Mark had a second interview at one and a first interview with another company. He was upbeat and knew he would soon be gainfully employed.

Tuesday night the garage was empty again. It was then that Janet realized she had most probably lost Mark. It hurt terribly to know she had ruined her marriage. More than that the realization the man she loved would not be coming back shook her to her very core. Slowly Janet began to see the things Mark had taken with him. Most of his clothes were gone from the hanging rod. Half his shoes were absent. It was not till Janet opened Mark's underwear drawer that she lost control and fainted. The drawer was empty of all his undershorts and socks and in their place as a small band of gold metal. Mark had left his wedding ring.

Janet couldn't take that. She had to call her mother. Hilda spent the night with Janet. Again she forced a tranquiller into her daughter. Just as she got Janet down Jill came over but left shortly when she learned of Janet finding Mark's wedding band.

Work and the office were hard on Janet but she struggled thru it. Wednesday evening was especially stressful for that was when she got the first of the legal papers from her pending divorce. Janet had to allow her mother to take the notice to Marcus Feldman.

For Mark it was busy but fruitful. He did get a surprise in the final interview. The credit report had already been up dated to show the divorce proceeding. It angered Mark a little to think Janet was worried about him destroying her credit or something. Mark also took it as a 'sign' Janet was happy about the proceeding. His hard head told him that if that is what she wanted then so be it. His heart told him different but he was afraid to call and ask. By Friday evening he was on his way to Seattle. He had a job. It would be traveling but that was ok. Mark had not place to call home.

Both Mark and Janet were exhausted on Monday. Janet from the emotional loss and Mark from the long drive. He had not yet begun to feel the full emotional extent of the loss of Janet, his only true love.

Tuesday Morning Janet had blood in her eye. She called a friend to her office and asked a favor. The woman was Della Smith. She was an IT for the company. The favor was for Della to search Steve Hill's computer and find anything that could be used to terminate him. Della struck gold. Steve Hill had nude photos of several women in the office. Photos that could have only been taken with the woman's consent; some in sexual position and in sex acts. Some of the women were married some were not. Janet was relieved that none of her were in the mix. The ones that interested Janet the most Shelly Albrights pictures. There was many and lewd. Shelly was single, but her older brother was a Sergeant on the Nashville Police Force. He was known to be very protective of his little sister. There were rumors that one man she dated was arrested on drug possession charges.

Just after lunch Steve Hill was called to Janet's office. He was shocked to see 10 women waiting for him. "Steve there was reports of unauthorized use of company computers. It seems that yours has been found with a file full of naked women."

Steve looked at the women glaring at him. Janet went on, "I seems that you have naked photos of some women that work here. It appears you have been sharing those photos with others on the web. That is justification for termination. But I don't want to bring embarrassment on any woman that might have fallen under your spell." Janet looked hard at Steve. He knew it was not the time to mention what Janet was guilty of.

"If this comes to light and Shelly's photos are made part of your termination proceedings I will make sure Shelly's brother Frank gets copies and the name of the photographer. Added will be the list of all addresses you sent the photos to Steve."

Steve took that in. He had no desire to tangle with Frank. He had met the man once and was intimidated by his size. And there might be some angry husbands and boyfriends thrown into the fray. Steve saw the handwriting on the wall. "OK what do I need to do?"

Janet smiled, "I am glad you see it our way. You will resign and be gone in less than two week. I do hope we can keep the news for Frank for that long."

"I'll be out of here by Friday." Steve left to write his resignation.

It was hard to accept the new life but there was no other choice. Both put their full efforts into their jobs. Work kept them busy. Busy minds don't have much time to think or to reminisce. For Janet it was run her department with an iron fist. Mark worked on a system to lower the cost of travel. By scheduling correctly he could drive to each location and save the cost of plane fare and car rental. The company agreed to his plan on a trial basis. The travel gave Mark a sense of adventure. Soon he got in the habit of contacting Sarah and Jeremy twice a week by e-mail. He would drive and make rounds Monday thru Friday, then on Saturday do all his paperwork. Sunday was his day off. That was the hardest day for Mark.

Marcus Feldman stalled the proceeding as long as he could and that was almost six months. The real problem was the court date fell on their anniversary. Janet appeared in court. Jeremy began the proceedings.

"Your honor my client wishes to dissolve the marriage on the grounds of 'irreconcilable differences'. He is prepared to offer half the combined assets of the two. Everything, without reservation of what was brought into the marriage by either party."

The judge spoke, "Council for the defendant, what is your response to this charge?"

Marcus stood and faced the bench, "You honor my client would like to reconcile, but no attempt has been made by the plaintiff to attend counseling. The plaintiff has been unwilling to even speak to my client. We would ask for full award of all assets of the marriage on the ground of desertion on the part of the plaintiff."

The judge looked at Jeremy, "Mr. Parker may I ask where you client is? And is your client any relation to you Mr. Parker, I ask because you share the same last name."

"Your honor, Mark Parker is my older brother. And as to his whereabouts today, he is employed out of state and could not afford to take time off for this matter. It might jeopardize his employment."

"Mr. Parker a marriage is a sacred institution. I take it very seriously. Your client took a vow, an oath, that he would love and cherish this woman till death do them part. He must have taken those words lightly if he would not bother to attend this hearing.!" The Judge was not happy.

"Since there is only one party to this action in the court I would like to hear from her what this irreconcilable difference might be in the mind of her husband," the judge said looking at Janet.

Janet started to speak and was glad to defer to her attorney. "You honor one difference is the way Mr. Parker has treated the marriage. He walked out on my client six months ago and has not been in contact in spite of many attempts by her to contact him."

The judge looked at some papers in his hands. Looking over his glasses he spoke again, "Counsel I have looked at the financial records filed in this case and find something strange to me. The finical position has not changed in the last several years. Are these the latest you have?"

"Your honor I have a set dated only a week ago and they are certified by the same accountant as those you hold."

"Counsel, have you provided those records to Mr. Parker?"

"Your honor I have three sets with me. One for the court, and another for Plaintiff's Counsel."

"You may both approach the bench," Marcus gave a copy to the judge and the other to Jeremy. The judge looked and frowned.

"I am seeking an understanding of this case. Mrs. Parker, may I address you as such?" the judge asked.

Janet looked at the judge, "Yes your honor, I am still Mrs. Mark Parker until a court decides otherwise."

"Thank you Mrs. Parker. Tell me why would a man leave a lovely lady such as yourself, as your husband did? I see no great amount of money was taken, at least not as far as the records provided indicated. I further understand he left a good job abruptly. He, according to you, and do not take offence, has made no attempt to contact you. But as you say, you have tried repeatedly with no success."

"That is correct. The only contact I have with Mark is thru his attorney and bother Jeremy. I have asked from the start to speak with Mark but have been denied any information."

"Mr. Parker is that a true statement?" the judge asked.

"Your honor, Mrs. Parker had indeed requested to speak with Mark and each time I have relayed the request. It is the decision of my client not to speak with his estranged wife, not mine."

At that the judge put his elbows on his bench. He interlocked his finger and put his thumbs under his chin pushing forward till his lips on his forefinger. The judge seemed to be in deep thought. Final he raised he head and looked at Jeremy Parker.

"Mr. Parker you must understand the feeling of Mrs. Parker in this case. She has every right to feel you might be biased. Have you any way to prove you have forwarded Mrs. Parker's request."

"Your honor, I fully understand and concede the point. You have my word and if you wish you may call my secretary. She can pull up my last five e-mails to my client and his responses. I would ask you not repeat the e-mail address because I have been requested not to give that out."

The judge wrinkled his face an instant. After a moment he offered, "Mr. Parker you will give me the number for your secretary, I will call a short recess. I would request you remain in the view of the bailiff until I return and make no phone calls or texting. I am sure you understand."

Marcus took that as a good sign. The judge was leaning to Mark being the one that abandoned the marriage. Upon returning the judge looked at Jeremy, "Mr. Parker your testimony before this court was correct. Your secretary read me your last five e-mails sent to Mr. Parker," the judge then corrected himself and continued. "Perhaps I should have said Mr. Mark Parker. It would seem from his responses he has no desire to speak with Mrs. Parker. I find that highly unusual. There are many reasons I have seen for a spouse leaving abruptly. One that is common among women is abuse. I see no documentation of spousal abuse. Mrs. Parker, did your husband ever become violent with you are threaten you in any way."

Janet took a moment.

"Mrs. Parker I wish to remind you that your testimony before this court is under sworn oath. And you must answer truthfully. Do not fear telling the truth in this court for the law will protect you."

"Your honor, I will answer truthfully. My husband Mark Parker has never and would never physically abuse me. He is the kindest and most loving man I have ever known."

"Mrs. Parker, I question your answer, for if he were in fact that kind and loving he would be here."

Marcus Feldman responded for her, "Your honor, this is highly unusual. Is it normal for counsel to do the questioning."

"Your point is well taken. If you prefer, Mr. Feldman, you can call Mrs. Parker to the stand. After her examination and cross, I will ask any questions I feel appropriate. For me this is an unusual case. I have been troubled with it from the start. But I will not go into my deliberation to this point. I only wish to seek an equitable and agreeable settlement for both parties. I have only one party to this action in my court. She contends she wishes to try and reconcile the marriage but the husband seems steadfast against it. I see no money problems, no evidence of gambling, drugs, no indictment pending. I have ruled out another lover for that is too easily documented. What would be the reason for such cruelty?" the judge asked looking at Janet. She began to cry. It was then he wondered if it was a homosexual lover that had drawn Mark away.

"I would take it that you Mrs. Parker have some idea of the answer to this riddle," the judge stated. After a pause he asked, "Would you like to enlighten this court?"

Thru her sobs Janet answered with a 'no'.

"If you prefer, Mrs. Parker, you and I can discuss this in my chambers."

"Your honor I would abject to my client not being allowed proper counsel."

"Mr. Feldman, are you making the accusation I would somehow deprive your client of her legal rights?"

"No your honor, it is just that my client has enough emotions strain on her at this point. Her husband has deserted her, and has refused to speak with her. She had kept the home and maintained their credit."

The judge interrupted Marcus, "Are you indicating Mr. Parker left debts unpaid?"

"Your honor, Mrs. Parker has kept up the house payments, all the normal costs of living."

"But she will have to do that after the divorce, will she not?"

"Yes your honor, but it was a shock."

"But as you said, it will be what she has to do after today no matter the decision of this court?"

"Correct your honor." Marcus Feldman admitted.

"You have no evidence of any large outstanding debts left behind my Mr. Parker, or if you do you have presented no evidence supporting the fact," the judge continued with his questioning.

"However with the evidence of abandonment we seek 75% of the assets and a full dissolution of the marriage. If one Mark Parker has no interest or love for my client she deserves the resources to begin her life anew."

"Mr. Feldman I do see your argument. I too am rather aggravated with Mr. Parker," looking at Jeremy the judge made the correction for the record. "Let me correct that statement, my aggravation is with one Mr. Mark Parker, not counsel Jeremy Parker. The man could at least have the decency to show up. It was not money that kept him away. That I surmise from the balance sheet before me and the fact he will settle for 50%. If money meant that much to him he would have taken it all when he left, wouldn't you say?"

Looking at both tables he continued. "The only thing that keeps me from directing a verdict at this moment is the fact no one has said what this 'irresistible difference' happens to be. Not even Mrs. Parker in the privacy of my chambers. From that I feel there must be much more to this case than either party will admit. What is your suggestions counsel? You first Mr. Parker."

"Your honor, my client has made the offer of accepting 50% of the liquid assets, leaving his portion of the home entirely to Mrs. Janet Parker. We feel it is more than fair."

The judge wrinkled his brow again, "Why would you say that? Why is that more than fair? Do you know more than you're telling? And don't quote me 'client privilege'. I'm old fashion and I hold marriage in the highest regard. Too many couples go into this with the attitude 'if it doesn't work out we can always divorce'. Didn't they listen to the vows?"

"Your honor I am sorry to say I don't know why my bother left. If I did I would surely use it to argue his case. I do have in my possession two sealed envelopes. If Mrs. Parker doesn't agree to Mr. Parker's term I am to call Mrs. Parker to the stand and ask the questions enclosed. The second envelope is a sworn statement from Mr. Parker to be entered into evidence." Holding up the envelope he looked at defense council.

The judges' voice indicated he was more than just a little irritated by Jeremy's revelation. "Mr. Parker I thought you said you had no further evidence to offer this court."

"Your honor, I am following the wishes of my client. I was not to open either of the envelops if Mrs. Parker agreed to the terms as offered by Mr. Mark Parker. I have followed his instructions and wishes, much against my better judgment. I might have broken my word if Mark wasn't my brother."

"Your honor I must object to this. With Mr. Parker not available to call to the stand I will have no chance to extract his testimony." Marcus Feldman rose as he spoke.

"Objection overruled, true you will have no one to question but there will be no one to contradict your client's testimony either." The judge looked at Janet Parker and asked. "What is your feeling Mrs. Parker? Would you like to know what is in those two envelopes? And yes I will require both to be opened. I will also make sure both are true and actual exhibits. That means I will examine both before I allow the plaintiff's council to call you to the stand."

Janet looked at the two enveloped laying on the table in front of Jeremy. She began to cry. What hurtful things would come out? Janet didn't think she would be able to handle hearing the story in court. Looking at the judge she spoke, "Your honor I will accept the terms of the offer presented by Mark." Janet then broke down.

The judge called a recess. After lunch they were all assembled back in the court room. "Mrs. Parker have you reconsidered your acceptance?"

"Yes I have and I am still willing to accept the terms presented." Janet said with a stiff upper lip.

The judge asked Janet's counsel if he had discussed her options. Marcus Feldman said he had and felt Janet understood the consequences of her decision. He added he felt she had case for much better terms, but could only offer advice, not make the final decision.

The judge interlocked his fingers again as he put his elbows on his bench. Chin on his fingers his face showed he was troubled. Both attorneys knew he was thinking of changing the settlement, but for which party was the big question. Marcus and Jeremy both felt certain it would be in Janet's favor. When he spoke his offer was not what either expected. "Mrs. Parker, as you might have gathered I am not at all happy with your husband's actions. I feel if he was there for the wedding and the vow he took, he could come to the action that could end his marriage. I regret that the law does not require him to attend but there are measures I can take prolong his agony. What I am proposing is this gentlemen, and of course Mrs. Parker. In my opinion you have the right to know the reason for your husband's sudden abandonment of the marriage. With that in mind I offer this. Janet Parker will be allowed to view the contents of the envelopes in private. Upon reading the documents I will allow her to again reconsider her decision. If Mrs. Parker wishes to change her decision, you Mr. Parker can have the contents and present your case. However, if she still wishes to stand by her original decision, she will surrender the documents and I will shred them in my office before witnesses."