2010.06.28 - Kyron's Dad files for divorce and restraining order

[Dr.Fessel]

Thank you, Doc! Yea, the legalese is kinda weird stuff, eh?

I've written a mod suggesting that the threads be merged, as a couple of folks have suggested. Will that work for you?

I found the lawyer's comments about KH's assertion re: lawyer funds to be quite...terse. I enjoyed them. Ahem.

They will merge but I think my thread headline should stay because up until the time Kaine agrees to that stipulation they want the divorce stopped.

That is what the conclusion states.

 

[grandmaj]

I believe that to be true about the funds. The atty would never misrepresent that to the court (knowingly, anyway). My guess is that her parents and/or other family and friends have helped with the atty fees, and Houze's fee was apparently a lot less than the $300+k reported.

OK but according to the documents in Kaine's filing they have a 3rd party communication in which Terri Horman stated that amount. So could Terri maybe have bragged or told a little fib to a friend in an email that was intercepted during the investigation? WOWZER.

 

[Jaxson]

I just wanted to add that living so close to the border I forget Oregon has some different laws than here in WA. I am only 20 miles into WA. I never forget the sales tax laws though...LOL

 

[Nana46]

Oh boy on Issues Bruce McCain just said that the divorce would be set aside with her promise to not contest in the future.

But the kicker is........ this would stay all motions. She would not be required to answer to any motions already filed and no motions could further be filed to put pressure on her. In other words the motion for contempt would not be heard until after the criminal matter.

I think I am just gonna be sick.:banghead:

 

[grandmaj]

The two people that started the threads agree to a title and I'll change it again.

 

[wondering1]

For our attorneys: If they are able to abate the case and there is not been a custody arrangement worked out, could they try to demand visitation due to the "terms to be determined later"?? IE: once the time of the restraining order expires?

This hits me as a smoke and mirrors move to avoid corporation with the investigation of a tiny little boy who deserves much more than paper games! If she is not involved, what is there to hide? Why would she not want to clear the air and be reunited with her daughter? I would think if she doesn't want KH to know the source of the funds, she could allow her attorney to satisfy the judge in camera of the source and eliminate the speculation the money was from selling a child or his likeness, right? So what am I missing - please! :waitasec::waitasec::waitasec::waitasec::waitasec:

I think that's exactly what's being done here. She'll agree to immediate divorce. The matters in abatement (everything else related) can be reinstated on motion at any time within the time permitted under the rule cited in the moving papers (I think it said two years), at which time property and custody issues would be addressed -- assuming that an RO was no longer in effect at that time, in which case the RO would have to be resolved before custody could be addressed in the divorce proceeding, imo.

I think she's just trying to avoid disclosure of information and having to testify, in particular. Same as she did wrt to the RO.

 

[Sherbie]

OK but according to the documents in Kaine's filing they have a 3rd party communication in which Terri Horman stated that amount. So could Terri maybe have bragged or told a little fib to a friend in an email that was intercepted during the investigation? WOWZER.

That's what I'm thinking, Grandma. Was it an email? Maybe they'll claim it was a typo! :crazy:

 

[GrainneDhu]

Just let me clarify, my response was a fast reaction to the news. In my mind, the intention is to take some of the focus off of Kyron and place TH in a poor me light in the public. Just get your divorce Terri and let Kaine go on with his life and find Kyron.

TIA

That is exactly what this motion is seeking to do. So why chide her for doing exactly what you want her to do?

 

[Jack]

LOL does she have a choice? WOW get over it Terri, he wants to divorce you. This is comical.:banghead:

Did anyone actually read the document? She is agreeing to the disolution of marraige with the rest of the issues that are normally decided during a divorce proceeding, such as distribution of assets and custody of minor children, being decided at a later date.

 

[Kat010]

The two people that started the threads agree to a title and I'll change it again.

Thanks. Title suggestion:

TH's attorney agrees to KH/TH divorce later; responds to KH's allegations about $ for TH's lawyer.

Doc, your thoughts?

 

[A_News_Junkie]

The two people that started the threads agree to a title and I'll change it again.

How about Terri Horman's Lawyer files Motion to Hold case in Abatement (7/28/10)

 

[grandmaj]

Well as soon as the transcript is ready from Issues I'll add it here. But no divorce according to Bruce McCain if this is granted by the court. It still needs to be argued and agreed on by the court.

TH is offering as a "give" to the court that she will not contest it once it goes to court.

 

[Dr.Fessel]

The two people that started the threads agree to a title and I'll change it again.

LOL LOL

That works for me, the "but" covers my reading of the document.

The conclusion of the filing says they want the divorce stopped until Kaine agrees to the stipulations.

 

[grandmaj]

Maybe we just need a big stop sign in the title. I'm getting silly now. :biggrin:

How about you and Kat pow wow about the title and then PM it to me. xoxoxo

 

[Kimster]

I just wanted to add that living so close to the border I forget Oregon has some different laws than here in WA. I am only 20 miles into WA. I never forget the sales tax laws though...LOL

....or lack thereof. :dance:

 

[mysteriew]

I think this is both smart and reasonable.

It is absolutely true that she cannot possibly pay Kaine any money right now. How is she supposed to get a job? I know highly qualified people who have been out of work for over a year. Who would hire someone who might be arrested at any moment and who is definitely going to have other stuff interfering with work?

Whether a person is employed or not, they have the responsibility to financially care for their children. I know of some parents who won't work, thinking that gives them some justification for not paying child support. The court will still issue the child support order and she begins accruing the child support debt.

It is also absolutely true that if she were required to give a depo or take the stand in a divorce case, it could require her to either give up her 5th amendment rights OR lose her daughter. While some people would celebrate that, it isn't legally fair.

It happens all the time that civil suits are filed that are unrelated or only marginally related to criminal cases. And that sometimes info comes out. As a matter of fact, it is a known legal tactic that in a murder investigation where there may not be enough evidence for prosecution, the family may file a civil wrongful death suit against the suspect. The prosecution usually will attend the civil hearing to pick up any info that comes out in the hearing. In the Anthony case, a civil proceeding was allowed to proceed that only touched on the death of Caylee, the Nanny case. The judge may impose certain limits on certain info, but the precedence of a civil case being allowed to proceed even so.

I also think that Kaine was advised to file for divorce so quickly in order to force her to testify and this is a predictable legal response. I also think he may have blown it by asking for money. Where does he think she's going to get it?

And how can he not support himself and Baby K in the same house they've been living in with 2-3 fewer people when he was the sole supporter before? I know daycare is expensive, but he's not even back at work full time.

The issues isn't whether he needs to ask for money, or whether she can pay. The issues is that she is a parent and expected to help support the child.

You made some very good points and I would like to respectfully respond to some of them. My responses are in red above.

 

[wondering1]

Oh boy on Issues Bruce McCain just said that the divorce would be set aside with her promise to not contest in the future.

But the kicker is........ this would stay all motions. She would not be required to answer to any motions already filed and no motions could further be filed to put pressure on her. In other words the motion for contempt would not be heard until after the criminal matter.

Did he say that? I dont think that's true. Afaik, the court would still address the contempt.

 

[Dr.Fessel]

Thanks. Title suggestion:

TH's attorney agrees to KH/TH divorce later; responds to KH's allegations about $ for TH's lawyer.

Doc, your thoughts?

It is fine how it is. Everyone will understand reading the thread. I think it is funny how close we posted our threads and I looked and did not see yours, I was probably writing mine up while you were finishing yours.

 

[Kat010]

My concern is that TH's lawyer files to stop divorce sets up an expectation of more info coming out and a fight to....stop the divorce.

Instead, the abatement agrees to a divorce, but requests a postponement of all ancillary legal issues until later. TH has not asked to save her marriage!

Let me try again. I think the response re: TH $ for law is important. Hmmmm.

TH's lawyer fights back re $ for lawyer; agrees to divorce with delay

I gotta go!

 

[21merc7]

Here is the document again for review:

http://images.bimedia.net/documents/terri+horman+abate+divorce.pdf