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

[Spookytube]

is there a limit for how long the divorce matters could be put on hold if this motion is granted?

 

[Jaxson]

I agree that it would be unrealistic to go for full custody at this point but getting supervised visits asap might be in the best interests of her child if TH is going to have a more active role in her life at some point.

I think the people who would have to make the custody evaluation and the court decisions are probably happy about this motion to drag things on because it would be so much simpler to to sort it all out after someone has been charged/ convicted.

Yes I think this motion of hers will be a go because it will be much less tricky for the court, GAL, judge to make a decision once the criminal aspect is behind them.

 

[grandmaj]

I don't think it is the divorce that Terri's lawyer is worried about. According to Bruce McCain this will stop all ability for Kaine to file any more motions having to do with the custody, divorce, contempt. And that all of the motions currently filed would also be put on hold.

So that means that Terri would not testify in any of these matters until the possible criminal matters are brought to a completion.

 

[Sherbie]

Okay, I'm not sure if I am correctly understanding this "abatement". I am not familiar with this at all, in fact have never even heard of such waitasec: wonder if this is even an option where I live, or quite possible I just have never heard of it:waitasec..

So, am I to understand this as meaning that the divorce proceedings are just put on a COMPLETE HOLD? is there more to this and will a judge be likely to rule in favor of this latest request per Atty Bunch?

Anyone who can explain in "dummie" terms I would be so grateful? TIA...

Terri is agreeing to go along with the dissolution of marriage part of the divorce (so they're no longer married) if Kaine will agree to and the Court approves an abatement, or a holding-over, of all the issues surrounding the divorce such as finances and custody. TH is contending that there's just too much else going on in their lives right now to be able to fairly assess and settle those issues.

While I think it's a strategic move to have her avoid any court interaction for the time being, I think the atty made some decent, legitimate points in support of their motion. Not sure how it will go, but I wouldn't be surprised if it were granted, at least in part.

 

[oceanblueeyes]

Isn't it possible that someone just paid for her an attorney? Then it's not a gift or a loan. I think I could go sign a contract to hire my sister an attorney and it wouldn't a gift or a loan. What if I paid 13,000 for my mom to tour Europe?

I think that is what happened. She was given this money or the lawyer was paid directly by someone and the person or persons considers it a gift, imo.

IMO

 

[grandmaj]

Well in that she is not a named suspect, or arrested I think this is more of a stretch move on her divorce lawyers part than if she was already arrested.

Because it could be argued the need for a contempt hearing should not be delayed because of the matters alleged. Health and Safety of Kaine and K.

 

[Nana46]

Good point, BeanE. Easy to drop yer decimals during sexting. I usually lose a few commas, too...but never my colon, thank goodness.

:dance:

 

[tfrohning]

I should have stressed that is what they are claiming.

I know Dr.:blushing: I agree with your whole post.

 

[Jaxson]

I don't think it is the divorce that Terri's lawyer is worried about. According to Bruce McCain this will stop all ability for Kaine to file any more motions having to do with the custody, divorce, contempt. And that all of the motions currently filed would also be put on hold.

So that means that Terri would not testify in any of these matters until the possible criminal matters are brought to a completion.

I think he may be wrong about the contempt issue. She was ordered by the court not to divulge information and she did it anyway and got caught. It has nothing to do with the divorce other than it was divorce/RO paperwork that she divulged. It won't affect any of the actual divorce issues so she should still have to go to court in Sept. for that contempt motion. They can however keep asking for it to be continued but Kaine can fight that.

 

[Sherbie]

I think that is what happened. She was given this money or the lawyer was paid directly by someone and the person or persons considers it a gift, imo.

IMO

I agree, and I think it's probably a lot closer to $35,000 than 10x that much. Maybe her family/friends pitched in. Nothing KH can do about that if that's the case -- no entitlement to any portion of it.

 

[travel8*]

It seems to me that alarm bells started going off when the possibility that TMH paid $350,000 to her attorney. KH wants to know where the money came from in case it is a loan to TMH that he might be legally liable to help pay back. If so, he wants half of the loan money now.

He probably has concern that she has sold story/photos to media outlets too. Anybody have any ideas on what he could do about that?

 

[Nana46]

I don't think it is the divorce that Terri's lawyer is worried about. According to Bruce McCain this will stop all ability for Kaine to file any more motions having to do with the custody, divorce, contempt. And that all of the motions currently filed would also be put on hold.

So that means that Terri would not testify in any of these matters until the possible criminal matters are brought to a completion.

But but but what if that were to be say years????????? Dang.

 

[Patty G]

I don't think he did. My interpretation of her pleading is that she is saying he can't afford his additional expenses plus his legal fees on what he is now bringing in. JMO, others may differ.

I am only talking about the divorce and what is stated in the divorce papers filed by Kaine. This is where Kaine indicated they are responsible for their own attorney fees if "uncontested" and if "contested" then Kaine wants reasonable attorney fees and costs paid by Terri.

Terri is between a "rock and a hard place" based on "if contested then Kaine wants his reasonable attorney fees and costs paid.

 

[citigirl]

But but but what if that were to be say years????????? Dang.

I don't think Kaine should have to wait 5 minutes for his divorce. Can't his attorney argue that he wants the divorce right now because he has evidence she tried to murder him? Why is that asking too much?

 

[Nana46]

I am only talking about the divorce and what is stated in the divorce papers filed by Kaine. This is where Kaine indicated they are responsible for their own attorney fees if "uncontested" and if "contested" then Kaine wants reasonable attorney fees and costs paid by Terri.

Terri is between a "rock and a hard place" based on "if contested then Kaine wants his reasonable attorney fees and costs paid.

So Patty G is this considered "contested" or is abatement a whole other ball of wax terminology I am so sick of this and yes I know it is a run on sentence as that is how my mind is going right now...am sick of this because Kyron is still out there :banghead:

 

[Wrinkles]

According to this article:

>>Bunch also contends that Kaine Horman "grossly misstated" the amount of money paid to Terri Horman's criminal attorney, Stephen Houze.<<

Then this article states:

>>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."<<

I think that Bunch ought to be checking his client for her typos or lies.

 

[Jaxson]

I am only talking about the divorce and what is stated in the divorce papers filed by Kaine. This is where Kaine indicated they are responsible for their own attorney fees if "uncontested" and if "contested" then Kaine wants reasonable attorney fees and costs paid by Terri.

Terri is between a "rock and a hard place" based on "if contested then Kaine wants his reasonable attorney fees and costs paid.

I think that will be up to the judge regardless of what Kaine and his attorney asked for. He doesn't get to decide who is responsible. Usually it is the person with the income unless both are working which would put him paying for both attorneys whether it is contested or not. JMO based on my husbands divorce from first wife.

 

[Nana46]

According to this article:

>>Bunch also contends that Kaine Horman "grossly misstated" the amount of money paid to Terri Horman's criminal attorney, Stephen Houze.<<

Then this article states:

>>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."<<

I think that Bunch ought to be checking his client for her typos or lies.

At the very least!!!!

 

[Jaxson]

I don't think Kaine should have to wait 5 minutes for his divorce. Can't his attorney argue that he wants the divorce right now because he has evidence she tried to murder him? Why is that asking too much?

bbm

Does he have evidence and what is that evidence?

 

[Patty G]

Since this is a no-fault state, I think the ol' irreconcilable differences is standard. I have never heard of anyone actually stating anything different in modern times. Has anyone else?

IMO, based on the actions of Kaine with the RO, knowing about this "alledged" MFH, sexting/affair, child missing etc., if Kaine could have gone with something other then the "irreconcilable differences" he would of, but since he couldn't, he didn't.