Dissolution of marriage
On Wed, Sep 12, 2012, 1:37 PM, Patrick Fox wrote:
Desiree: I just got back from the court, regarding my filing of the dissolution of marriage petition. There seems to be more miscommunication between the judge, his clerk and the main clerk's office. May you confirm the following things for me, from the hearing on 9/7/12: 1. When I asked the judge whether I can add the divorce to our existing case what was his answer? 2. Did the judge say I would have to file a new case for the divorce? I recall exactly what the judge said, however, the court clerk is now claiming he said the opposite. So, I can file the dissolution as a new case and take a chance on the judge saying he didn't tell me to do that; or I can add it to the existing case and take a chance on the judge saying he told me not to do that. Thank you, Fox P.S. Please confirm whether or not you were able to access the DVD of pictures and videos (of Gabriel) that I gave you. If not then I can send you another. If you don't let me know I'll assume you don't care.
On Wed, Sep 12, 2012, 2:08 PM, Desiree Capuano wrote:
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Wed, Sep 12, 2012, 2:08 PM
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Re: Dissolution of marriage
Yes, thank you for the DVD. As for adding anything to the current case, I wouldn't bother, I am filing for an annulment, you should be served this week. Just to be completely clear that there is no validity to it, although I am certain there isn't.
On Wed, Sep 12, 2012, 2:38 PM, Patrick Fox wrote:
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Wed, Sep 12, 2012, 2:38 PM
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Re: Dissolution of marriage
That there is no validity to what? And are you sure you want to go the annulment route? You may end up waiting all that time for the trial then find out that the marriage is, in fact, not void and you'd have to start the whole six months over again with a divorce proceeding. And have you considered the potential collateral consequences if it turned out you were right? I mean, you're claiming that you've known about the other marriage for quite some time yet have done nothing with respect to our marriage. Look into putative marriages and the liabilities of the parties. Personally, I adamantly deny any knowledge of being married to any other person at the time you and I got married. Then there's the problem that one cannot file for an annulment if there is already a dissolution case pending. I submitted the papers on Monday but just didn't get around to picking them up until this morning (I had to wait for the judge to approve the fee waiver request then go back to pick up the stamped copies). If you filed before Monday then you should be okay and the proceeding here will just be dismissed for lack of jurisdiction. Once the annulment proceedings are completed then one of us would have to refile for dissolution. There is one other potential problem I can think of: if the court here decides that the dissolution should have been added to the existing case then that would mean that Arizona lacks jurisdiction because the matter is related to the current child custody proceedings. In which case it doesn't matter when you filed. But I could be wrong on this paragraph. Also, you did not actually confirm the things I asked you to? Fox
On Wed, Sep 12, 2012, 2:52 PM, Patrick Fox wrote:
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Wed, Sep 12, 2012, 2:52 PM
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Re: Dissolution of marriage
You can ignore this...I'm just thinking out loud: You know, I was just thinking, how strange it is that in the last 10 months you haven't taken a single step to terminating our marriage, but within minutes of me indicating that I had (or am about to) file for divorce, you suddenly found the inspiration to get moving on it. How peculiar. Fox
On Wed, Sep 12, 2012, 3:01 PM, Desiree Capuano wrote:
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Wed, Sep 12, 2012, 3:01 PM
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Re: Dissolution of marriage
Thank you for the concern but I'm very sure this is the route I will go.
On Wed, Sep 12, 2012, 3:40 PM, Desiree Capuano wrote:
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Wed, Sep 12, 2012, 3:40 PM
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Re: Dissolution of marriage
You have clearly placed me in an adversarial role attacking me and my household with bigoted labels and stereotyped presumption. I'm not sure why you insist on becoming the intrusive , disrespectful and antagonistic thorn in the side you make yourself, but it's all just too much. You proceed with what you deem an appropriate course with reguard to a marriage you pretend exists, even though Ive just ended a 10 year marriage to a man I can actually pair with a social security number; and I will decide the best course for me and my children. Please don't offer your unsolicited advise, you clearly have a distain for me and the people I love and therefore any such advise would only be self-serving. Respectfully, I ask you please drop the pretense and continue as you have. I wouldn't say I wish you luck, because honestly I'm banking on your luck finally running out. Good day, Desiree .
On Wed, Sep 12, 2012, 3:59 PM, Patrick Fox wrote:
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Wed, Sep 12, 2012, 3:59 PM
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Re: Dissolution of marriage
Interesting. But hasn't all the advice I've given you so far been good (I'm referring to legal advice). Please point out one time I gave you bad legal advice or misinformation and I will admit I was wrong. There is no pretense that I am aware of. I'm unclear what you knowing a person's social security number or whether that person has a social security number has to do with. Perhaps part of the reason I offer you such advice is because I know a lot more about the law and I know that you will continue to try convince people that I am mean and evil and take advantage of weaker or less intelligent people, but how can that be true if I have so many examples of me actually assisting you? It's kind of hard to say I take advantage of weaker people when there are so many examples of me helping those people, even when they can be considered my "enemies". So, perhaps you're right, perhaps I am being self-serving. And please stop making allegations against me unless you can provide examples of me actually doing what you are accusing me of. Thank you.
On Wed, Sep 12, 2012, 5:20 PM, Patrick Fox wrote:
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Wed, Sep 12, 2012, 5:20 PM
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Re: Dissolution of marriage
I just got home from picking up Gabriel, and I did want to correct you on one point: You say I "have clearly placed [you] in an adversarial role", but actually, YOU initiated the adversarial roles by underhandedly taking Gabriel to Phoenix and commencing custody proceedings based on your claim that I hid Gabriel from you for 9 years. My legal actions against you were in response to that. Had you stuck to your original word and moved at Gabriel's pace then we would not have been in adversarial roles and would not even be in legal proceedings. In addition, YOU further solidified our adversarial roles by withholding yours and Kristopher's criminal activities, arrests, and drug use then lying to me about it then trying to make me out as the bad, untrustworthy, unstable, at-risk-for-being-arrested one. Look Desiree, had you been open and honest about the problems you were having I could have been empathetic and cut you some slack but you chose, instead, to be belligerent and to lie about the situation in the hope that I wouldn't find out. I just don't understand how you keep rationalizing all of this to yourself. Other than some strongly worded communication can you really point to one single mean, devious, deceitful, or unethical thing that I have done since I contacted you in January 2011? If you can then I will immediately and gladly send you an email acknowledging my wrongdoing. Otherwise, if you cannot, then just stop with this incessant pity trip and manipulation. If you sincerely believe that I am the one that put us in adversarial roles then please tell me how you figure that. Thank you, Fox
On Wed, Sep 12, 2012, 8:57 PM, Patrick Fox wrote:
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Wed, Sep 12, 2012, 8:57 PM
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Re: Dissolution of marriage
I'm sorry to be such a pest about this, but it occurs to me that just last week you claimed that you could not get Gabriel a birthday present if you send me $33 for some of Gabriel's expenses. But now you're claiming that you're going to file a petition for an annulment, which costs how much, and is almost guaranteed to be dismissed due to lack of jurisdiction (pre-existing case here) or lack of basis? So, spending $33 on Gabriel's necessary basic expenses will break you but spending $350 on a court filing that is guaranteed to fail will not? Just how does that work? Fox