Friday, February 20, 2009

Part 35 - Chapter 5 - Separating

Eileen flipped on the light, bringing some dim light to the small dark room. She hated going up into the attic. It was musty and smelled of dust. She couldn't remember the last time she'd been up here and she hoped she'd be able to find something for Stuart to play with without a lengthy search through the various things that had been stored here over the years.

As she surveyed the attic, deciding where to start, a large chest at the back of the room caught her eye. She made her way back to it and opened it up.

Folded neatly on top was a garment wrapped carefully in a protective covering. Out of curiosity, she removed the garment bag and looked inside. What she saw made her draw back in surprise.

Inside was a beautiful wedding dress, just the style she'd had her heart set on, but hadn't been able to find in any of the shops. She knew it must have been her mother's and finding it now was meant to be.


In her excitement, Eileen forgot about looking for her old baby toys and ran downstairs.

"Dad! You won't believe what I just found in the attic," she called out as she hurried down the staircase.

When she got to the bottom landing and saw Stuart walking toward her, she slowed her pace. Why was he wandering out here when her father was supposed to be watching the toddler in the living room? And why hadn't Arthur answered her? She scooped up Stuart and in her arms as she walked into the living room and called out, "Dad?"

Her breath caught in her throat when she saw her father leaning back in his seat, with a pained expression and a glazed look in his eyes. She immediately rushed to his side, "Dad, are you ok?"


"Let's see," the judge said slowly as he adjusted his glasses and reviewed the papers in front of him. "Let's look first at your assets. There are the house and the country club which Mrs. Sexton brought into the marriage, along with a joint bank account containing less than $10,000. Are there any other properties, bank accounts, things of that nature that either of you own?"

He looked back and forth between Craig, Lucy, and their lawyers. When they answered no, he continued on. "Mr. Sexton, you worked throughout the marriage as a musician, is that correct?"

"Yes, sir. As much as I could."

"My client did have to sacrifice some career opportunities that required extensive touring and traveling to be with his family, especially his young son, that may have reduced his current and future earning power."


Lucy stared at Craig's lawyer, appalled that he would even try to claim something like that. She turned to her lawyer, hoping she would speak up and object, but she sat with her hands folded and said nothing.

"I have your detailed income information right here. Mrs. Stuart, I see you were in school and you did not work during the marriage. You were the child's primary caregiver then?"

"Yes, your honor," Lucy replied. She continued talking. If her replacement lawyer wasn't going to speak up for her, she would do it herself. "I was in medical school when we were first married, but I had to drop out because it got to be too much with the baby. I also had an internship before the baby was born, but it was unpaid."


"Your honor," Craig's lawyer spoke up. "I would like it noted that my client's income contributed to paying a salary to a nanny who also was a caregiver for the couple's child."

"I see. Mrs. Sexton, your family's country club was also a source of income for the household?"

"Yes, it brought in a small amount. Most proceeds are donated to charity, as they always have been."

"And you had company stocks that were sold during the marriage?"

"To repay my late father's debts."

"Let's make sure I have everything straight. Mrs. Sexton brought the house, furnishings, and things of that nature to the marriage. Mr. Sexton worked, brought in the majority of the income used for living expenses and helped support his wife while she was in school. In turn, she stayed home and cared for their young son, who you are both petitioning for custody of, is that correct?"


"Yes, your honor."

"Since this was a short marriage and both parties have their own sources of income, I am not awarding any spousal support. Mrs. Sexton can keep the country club as a source of income and everything else will be divided 50/50. As for the house, either one of you can pay the other half of what it's worth in order to remain living there or it can be sold and the proceeds will be divided evenly between the two of you."

Lucy gasped involuntarily. She couldn't believe what she was hearing. "But that house has been in my family for years. I inherited it from my father."

"Then you'll have to pay your share if you want to keep it. There isn't enough money in your bank accounts to compensate Mr. Sexton for what he contributed to the marriage," the judge explained. "As for custody of your child, Stuart Vincent Sexton, I see no reason why either of you should be denied access to your son. Custody will be shared. For now he can stay with each parent on alternating weeks. As he gets older if another arrangement would work better, we can make adjustments."


As the judge dismissed them, Lucy rose from her seat, feeling a mix of shock and horror at what had happened here today. She grabbed her lawyer by the sleeve before she could walk away.

"How could you let that happen?" she hissed. "Why didn't you do more? Why didn't you say something?"

"I did all that could be done. Ultimately it's the judge's decision. What more did you expect me to possibly do?"

Lucy huffed and turned away before she completely lost her temper. The woman was useless. She was sure things wouldn't have gone this way if Reese had been here. A competent lawyer wouldn't have let Craig and his lawyer get away with what they were trying to pull.

When Lucy looked up she caught a glimpse of Craig's smirking triumphant face and quickly turned away. As badly as things had gone today, there was one good thing to be said. At least the worst and ugliest part was over with and behind her. Now she could move on with her life.

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