Greetings readers! This story is not for everyone and in fact it is meant for a very few individuals who may show an interest in my work. Voting is on if you care to but it really isn't necessary. So sit back and relax, enjoy the story and I hope it makes you think.
"All rise. County court is now in session with Judge Richard P. Carmack presiding. Judge the plantif and defendant have been sworn in and no witnesses will be called."
And so it began. An excersise in futility like none other I have ever experienced. Both an end and a beginning so to speak. Court rooms have kind of a stale atmosphere. This one was no exception.
The bailiff continued. "Your honor this is court case 10-000678. Straitner vs Straitner in a petition for a divorce. Plaintiff DeeDee Straitner is suing her husband of ten years Mark Straitner for separate maintainence and life time support. Defendant Mark Straitner has counter sued for divorce. Plaintiffs counsel is attorney Sally Forth-Width of the law firm Dewey Cheatum and Howe. Defense counsel is Tom McCloud.
Judge Carmack removed his eye glasses and shoved the files forward on the bench. Addressing the Defendants table he began. "Mr Staitner I'm assuming here that your counsel has advised you that you are seeking a divorce in a "no fault state" which means that neither party is held responsible for their actions which may or may not have caused the divorce."
"He has your honor. But has also advised that since this is a court of law, and I am a defendant, that I also have a right to be heard."
With resignation in his facial expression Judge Carmack looked over to the plaintiffs table and then to the bailiff before rolling his eyes back in his head. "Very well then. Let me tell you how things are handled in family court. Since you've requested to enter a defense into the courts records, you will be the first to take the stand. Plaintiffs has the option of not taking the stand at all. Your attorney will be asking the questions, and plaintiffs attorney will follow with questions from the other side. This won't be like you see on TV is that understood."
"Yes your honor I have been briefed"
"Very well then please take the stand and let's get this over with."
With that said Mark Straitner took the seat next to the judges bench and adjusted the microphone so that he could be heard. His attorney Tom McCloud rose from his chair and taking a legal pad full of notes, he moved over to position himself along a low wood railing catercorner the witness stand.
"Mark I'm going to ask a series of questions that you may answer in a affirmative when I am done. For the record you've been married to the plaintiff now for over ten years. You met on the internet back in 1998 and began a friendly email relationship. After a few months you decided to meet and then fell in love. The result was a marriage and live in relationship that began in March of 1999. Is this correct?"
"Yes that is correct"
"And this last summer your marriage began to deteriorate to the point where this February you petitioned the court for divorce, is that correct?"
"Yes that is also correct."
"Now in your own words, I'd like you to relate what constituted the reasons for divorce."
"Actually there were signs that our relationship was deteriorating long before that. Perhaps 5 years ago DeeDee and I had a "dust up" over her drinking. That happened the day after an evening of drinking with some friends. She got angry over something I said and she proceeded to strike me on the shoulder. Three times with an open palm and when she closed her fist for a fourth strike I ducked out of the way."
"And what was the conversation the following day Mark?"
"Well she was angry with me of course."
"She was angry with you, and yet she was the one who struck you."
"Yes."
"This was a long time ago so I imagine you don't recall word for word, but summarize the outcome of the conversation."
"She accused me of accusing her of being a fat, abusive, lazy person and did I want her to leave?"
"To which you replied?"
"Well I loved her. I didn't want her to leave. I just wanted her not to hit me anymore."
"Do you recall since that time, have there been any other cases of hitting between either of you?"
"No. Our discussion ended the hitting, but the drinking continued."
Turning the page on his legal pad, Tom began again. "Describe for the court her use of alcohol."
"Well her consumption is about two and a half bottles of red wine per day. I buy a flat of four boxes, 5 liters each about every ten days. But the calculation is this, one box has 5000 mil liters and when divided by a standard 750 mil litters per bottle you get two and a half bottles per day."
"Every day Mark?"
"Yes. Some days even more. If we go out for an evening she will have other drinks and then continue once we get home. Her pattern if you will, is to start drinking during the evening or with dinner and then continue to consume the wine until the middle of the night when she comes to bed."
"I assume then you two don't go to bed at the same time?"
"Seldom."
"And by her not going to bed with you affected your sex life as well?"
"Yes it did, but rather gradual. You see she preferred to have sex in the afternoons after she woke up and had some coffee or something to eat. 4Pm in the afternoons seemed to be her preference."
"And that was agreeable to you I assume?"
"Yes until about three years ago when my father came to live with us fill time. Then we made other arrangements. Usually on a Sunday afternoon when my father would go to visit my mother in a nursing home. But then Dad didn't drive as much, so I would take him on his trips so we didn't have time to spend in the afternoons. She didn't seem to care anymore so I just let it slide."
"For the benefit of the court, would you characterize your wife DeeDee as an alcoholic?"
"Yes I would. During the course of the last couple of months I have offered to help her get into an Alcoholics Anonymous program but she refused. In her defense she has quit drinking since about February."
"Has she had any classic symptoms of withdrawal then?"
"No, but I think that has something to do with the pills she's taking."
"What pills?"
"Xanax anti anxiety pills along with her normal Zoloft anti depressant medication."
"Doctor prescribed I assume?"
"Yes"
Tom Cloud paused for a moment and stared up at the ceiling. After his short pause he began again. "Mark I'd like to shift gears here for a moment and go back to your declining sex life. Would you tell the court your side of the story regarding her affair with Evie SinClear. Who is Evie and how did that get started?"
Before Mark could speak Sally Forth-Width jumped from the plaintiffs table with a sudden flush of red in her cheek bones. "Your honor I would like to object. Counsel has asked a leading question making an assumption of a lesbian relationship which has not and cannot be proven."
Judge Carmack leaned forward towards the plaintiffs table and said "Sally, the court doesn't really care what the defense is saying. The court is only going to consider their assets in making a distribution. Defense has a right to speak. He could read from the phone book if he wants to. I'm going to allow this line of questioning to continue IF it makes the time go faster. No harm considered."