My "Station in Life"

Alaska is an equitable distribution state. One of the things that Alaska Statutes require to be considered in the granting of support or possession of personal or marital property is " the parties station in life". The effect of the divorce is required by state law to be equitably allocated between the parties to prevent one of the partners from enduring hardships like those imposed upon me. I went from having a joint marital income of about $100,000.00 per year as part of a working couple running a successful small business, to nearly nothing overnight.

After being evicted from my home, I had nowhere to turn. I was marginally self employed, and depended upon access to a fax, phone, and internet to make what little income I had. Thankfully, several of the customers I had for years from the marital business chose to work with me rather than the ex.

I transferred my phone service to my cell, and stayed with whomever I could find with a spare bed or couch. I brought my fax and computer with me, along with the dogs and cats, and set up shop in the living room of an acquaintance.I made enough to live on. After my car gave up, I had a little money to make payments on a beater that barely got me around town. At the time, barely was enough. I made small deliveries and maintained contacts both in business and in twelve step programs. Between August 5, 2008 and October 15, 2008 I moved my pets and boxes three times, in three different vehicles.

I admit, I had a crisis of faith. The court refused to give me support, refused to let me save my home from foreclosure, and refused me any benefits from the business I built from 1994. After having my own home for seven years, and my own business for twelve, to lose so much so fast was devastating. My twelve step friends helped feed me and gave me places to live. I received comfort from friends at church.

I went back to my home some nights. I knew a way in through a window... hey, doesn't everyone know a secret way into their own home? I got clothes and food. One time I slept there half the night. I kept the lights off so my neighbor would not see because I knew he would call my ex. They were still marketing the home for sale.

One night, I was stunned to find most of the furniture gone. Dishes, clothes, and books, were thrown haphazardly on the floor. Food was dumped out of kitchen cabinets. It was a mess. I wept alone in the middle of my living room.

My ex had married the woman he cheated with. He brought her family from out of state, and gave them the run of the home to "clean it up" for the sale. They trashed whatever struck their whims. They glued plates together, and drank 20 year old wine from my antique cups. They lit firecrackers in the bathtub, and threw my personal belongings into a dumpster placed under my bedroom window. They shopped through my clothes, and even played with personal hygiene supplies. Well, some of us are sicker than others.

I was able to get the realtor to allow me in for photos. I made police reports. Nothing could be done, the police said because the ex, an owner, had given them the keys. The insurance company refused to help with the damage for the same reason. I came back a few nights later for whatever else I could salvage. I stood alone again in my home. It felt so right to be there; it felt like mine. I prayed for a sign if it was really not to be. After that, when I returned, the window was locked.

The ex had a buyer for the home and his attorney convinced the court that they could not wait or the sale would be lost. Over my objection, without allowing a hearing, the judge granted a clerk's deed on October 2, 2008 to my ex. He was given all rights and ownership of the home without any compensation or credit to me at all. He signed the transfer of title, and sent the paperwork to the buyers. He thought he was done. However, I filed a lis pendens, a claim of ownership interest, with the state recorder's office. The title failed to close, and the sale was blocked.

October 13, 2008 was supposed to be the date of the trial where the judge would divide the marital property. When we came to court, the ex and his attorney were up in arms over the lis pendens. They demanded the lis pendens be declared void, so that the sale could close. My attorney argued that if that happened we would file an appeal with the Alaska Supreme Court. The judge agreed that there would be a 24 hour stay to do so. We left the court for the attorney's office that afternoon to prepare the appeal. The attorney showed me what to do.Just a few short sentences, but I had to get it filed before court the next morning. I wrote it myself, and delivered it.

The fact is, the legal system in Alaska had failed me miserably. I was eligible for support, which was in fact ordered, but the court refused to enforce its own order. I came to court with almost nothing of what I had owned barely a year before. I knew the appeal would stop all action in the lower court. I knew it would take a long time to be decided. I had no idea what else might happen. I was still virtually homeless. I had little income, and lost most of my "stuff". Sadly, I lost one of my cats. But, at least, I had hope.

Upon seeing the appeal had been entered, the judge heard arguments from both sides, then retired to chambers to consider his ruling.