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

[Patty G]

I never had to testify under oath when I got divorced. The attorneys just handled the paperwork. I can't see where she would have to testify to anything other than the divorce unless she is at least charged with something. Why would she have to answer questions about the criminal cases when she has yet to be charged, let alone found guilty, in a divorce court?

Exactly.

Kyron was not even named in the divorce papers filed by Kaine, nor was it mentioned about the MFH or was an amendment made to the divorce filing re: sexy messages made AFTER Kaine filed for the divorce. The reason for the divorce is: "irreconcilable differences"; plain and simple.

 

[Jaxson]

I don't think it's worth much to dissolve a marriage legally if the important decisions about money and the children are left hanging indefinitely because the parties are not really free of each other, free to heal and free to move on until they can get everything resolved. If there are pending court matters they're going to be stressed about the marriage even if they never see each other any more. It makes it more difficult for both of them to make financial and other decisions in their lives because they don't know if they're going to have any money left after the divorce or not, etc.

They can both move on in their personal lives if they are divorced but in reality even if division of property and custody could be fairly decide at this point there is more to this than just a divorce. It's not going away for awhile.
And it would not be fair to Terri to decide those things right now regardless of how stressful it is for any of them. I can't even imagine a judge wanting to decide this divorce right now. All the allegations but no charges, evidence, proof? How could a family court judge say who should have custody and be fair?

 

[A_News_Junkie]

So, the judge needs to determine if "just cause" in terms of equity and justice are best served by granting the abatement of the issues to sometime in the future. So, KH attorney will have to argue that equity and justice are not best served by granting the motion. So, do any of attorney's want to take a stab at KH argument?

I must admit it is times like this that make me go :banghead: with legal meandering getting in the way of justice.

 

[21merc7]

I never had to testify under oath when I got divorced. The attorneys just handled the paperwork. I can't see where she would have to testify to anything other than the divorce unless she is at least charged with something. Why would she have to answer questions about the criminal cases when she has yet to be charged, let alone found guilty, in a divorce court?

Generally testifying in a divorce case is about money, assets, and sorting it out. Just watched 2 people go through 3 years of bickering, hiding assets, and 4 days of testimony in Court. Loads of paper work and hunting down during 3 years. Ugly stuff.

 

[21merc7]

They can both move on in their personal lives if they are divorced but in reality even if division of property and custody could be fairly decide at this point there is more to this than just a divorce. It's not going away for awhile.
And it would not be fair to Terri to decide those things right now regardless of how stressful it is for any of them. I can't even imagine a judge wanting to decide this divorce right now. All the allegations but no charges, evidence, proof? How could a family court judge say who should have custody and be fair?

Thought that needed repeating.

 

[RubyRed]

Cops learned of Terri's $350K through texts

A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook. Detectives were searching through Cook's messages as part of the investigation after they learned that he had a sexual relationship with Terri during the search for Kyron. A court motion stated that police said Terri "sexted" Cook hundreds of times and also sent him several photographs of herself "in various stages of undress and graphic sexual activity."

http://www.kgw.com/news/local/Kaine-Horman-seeks-to-make-Terri-pay-legal-fees-99243664.html

 

[Jaxson]

I didn't either. And what would she be questioned about in a divorce vs. a criminal action? Certainly the atty couldn't ask "did you kill/abduct kyron"? Now the MFH and sexting/affairs (if any) could be brought in as a cause for action. But none of us or KH know yet if she is responsible for missing Kyron. Then again, the MFH question could land her in BIG trouble! My guess this is one of the reasons she wants to hold off.....

MOO

Mel

The sexting/affairs happened after he filed so not really an issue there. The MFH is he said/she said so he would be required to prove it. Le may have given him 'reason to believe' but if it could be proved they would be charging her and proving it in another court....

 

[RubyRed]

A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook.

http://www.kgw.com/news/local/Kaine-Horman-seeks-to-make-Terri-pay-legal-fees-99243664.html

 

[tfrohning]

My understanding of this is they want the divorce stopped for now because Kaine is not telling the truth about things and using the divorce case for other reasons.

IDK about him not telling truth about things...I do agree he using everything he can to get at Terri.

 

[Spookytube]

Glad to hear the contempt of court is a separate thing and will go on as planned. What I really don't get is does TH and her attorney ever think a evaluator for custody would ever be able to look pass the precios KH missing if, God forbid, his disappearence is not solved? IMO, no time can pass to make TH look any better. This is a missing precious child. IMO, how could anyone allow a baby girl to visit with her mother if there is even the slightest suspicion on that mom (TH) doing something to another child (KH) ? Yeah, no conviction or anything, but my goodness, could you really put another child at risk? The rights and protection of the innocent child heavily outweigh a mom's (TH). Hope that makes sense. Also, how long could they put this stuff off if this motion was granted? 6 months, a year? I do not think memories will fade that soon if this case is still unresolved. All anyone would have to do is look at a picture of KH's lil smile and their heart would break.
Sorry for my rambling.
(All my opinion)

 

[Dr.Fessel]

Cops learned of Terri's $350K through texts

A reliable source told KGW that investigators learned of the $350,000 through a text message that Terri had sent to Mike Cook. Detectives were searching through Cook's messages as part of the investigation after they learned that he had a sexual relationship with Terri during the search for Kyron. A court motion stated that police said Terri "sexted" Cook hundreds of times and also sent him several photographs of herself "in various stages of undress and graphic sexual activity."

http://www.kgw.com/news/local/Kaine-Horman-seeks-to-make-Terri-pay-legal-fees-99243664.html

So did the detectives tell Kaine that I wonder or did Cook.

 

[SoCalSleuth]

I think the motion is well-founded. Plus, bottom line, why waste the court's time and the party's money on attorney's fees on, for example, custody issues, if TH is tried and convicted, it would be irrelevant.

 

[cluciano63]

Thank you. What i really want to have a knee jerk reaction to is KYRON found safe! I don't really care about these 2 adults divorce. Just so sick of these kids being lost. Its not getting any better, it's getting worse!

I am so depressed with all of this stuff. I just want to open up WS and find a new thread with Kyron being the topic, as in a new search or anything, just something that does not have Kaine, Desiree or Terri in the title...same with the news site...anyone focusing on KYRON anymore? It is getting more and more like poor Haleigh, all the "news" is about the antics of the adults.

 

[Patty G]

That is not what his paperwork said. His paperwork said he could not afford to support his family and take care of his usual obligations IN ADDITION TO being liable for part of Terri's attorney's fees.

:waitasec: Kaine indicated in the divorce papers that each party would be liable for their own attorney fees. I am not sure why Kaine/Attorney is stating "In Addition To being liable for Terri's attorney fees."

 

[BeanE]

Oregonian weighs in:

Terri Horman's attorney cites intense media, police scrutiny for delay in divorce proceedings
Published: Wednesday, July 28, 2010, 4:14 PM Updated: Wednesday, July 28, 2010, 5:00 PM

http://www.oregonlive.com/portland/index.ssf/2010/07/terri_hormans_divorce_attorney.html

 

[Dr.Fessel]

IDK about him not telling truth about things...I do agree he using everything he can to get at Terri.

I should have stressed that is what they are claiming.

 

[citigirl]

My question is, if the judge allows this, does Terri get a free pass of some kind for future behavior? Are there things she could pull now that she couldn't do before? She seems like the type to take advantage if it's possible...

 

[grandmaj]

What is really going to be interesting is will Kaine go along with this or will he fight it? If he fights it I don't think he can win.

Well but this is kinda like the civil suit in the Caylee case no?

 

[nonfictionrocks]

....or lack thereof. :dance:

OT - considering that is sounds like both LE and the School Board are truly hurting for money, perhaps looking into a sales tax might take a bit of financial pressure off these two organizations - sorry, just jealous :shutup:

 

[Dr.Fessel]

Well but this is kinda like the civil suit in the Caylee case no?

Exactly!