Please help


#1

For over two years, my elderly and in poor health mother has been going through
divorce proceedings. I will try to explain.

  1. Married to the man for 24 years. He lived in her house, her sole and separate property prior to the marriage.
  2. He received a hefty accident settlement of which the judge ruled was marital property since he titled the money jointly. (They had a pre-nup, but the pre-nup stated anything accumulated during the marriage and titled jointly was marital property.) It has already been ruled that this money was marital property.
  3. He spent the money. He has already been found in contempt of court for his actions.
  4. He stole a silver collection that belonged to my deceased father. We can get no help with this. The silver was valuable and probably worth more than 200,000.
  5. The “law” is not going back to the value of the account at the date of separation and I do not understand why. The “law” is saying since there is nothing there, there is nothing to get. However, the judge has requested that he put 20,000 in trust to his lawyer. The value of the account at DOS was 149,000. The value of the account now is zero.
  6. He brought the “ACTION”. However, he did not file for divorce. He filed for separation and maintenance. He has since amended for divorce.
  7. We want this settled. Our mother is in assisted living and it’s costing us. (Her three daughters) Her estranged husband refuses to sign VA benefit papers nor will he endorse checks to her from a small investment account that he signed over to her after a deposition.
  8. We are asking for 50,000, signing of the checks and VA papers, attorney fees and for him to pay and maintain the small supplemental insurance policy he has on her and no divorce. He refuses although he faces jail if he doesn’t come up with the 20,000. I think he is getting a deal even if he has to sell everything he now possesses to come up with this. He has purchased a new truck and a house for his daughter!
  9. He continues to “fight” and for what, I do not know. He currently resides in a mobile home given to the both of them during the marriage.
  10. What can we do? We are so tired of this. Over two years and it is draining all of us dry. Him included. Why? Do we just let him rot in jail? He’s been ordered and if he doesn’t abide, he will go to jail for a year at least. Why is he still fighting for nothing and draining everyone’s resources?

#2

If he does not comply with the judge’s contempt order, he will go to jail, which will no doubt encourage him to abide by the order.

The silver and missing accident funds will be accounted for in the final ED hearing.

As for the divorce, you cannot prevent the same from being granted. All he needs to do is prove that the parties have been living separate and apart for a year with at least one of them having the intention to remain separated.