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Chapter 7 - The Eviction Order

On Tuesday morning at 9:00 a.m., Judge Raymond Garcia presided over Courtroom 204 in the DuPage County Judicial Center.

The hearing was on our emergency motion for exclusive possession of the marital residence and the interim freezing of all disputed accounts.

Greg Miller made a impassioned plea. He argued that Ryan Barrett was a respected public servant, a pillar of the community who had coached the Naperville Central baseball team to two regional titles. He argued that forcing Ryan out of his home during the pre-season was punitive, designed solely to humiliate him before his peers and students.

"Mr. Barrett has nowhere to go, Your Honor," Miller boomed, waving his hand toward Ryan, who sat at the defense table in his best navy blazer, looking suitably contrite. "His income is modest. His wife commands an executive salary. Forcing him into temporary lodgings while she occupies a four-bedroom house alone is an exercise in pure spite."

Judge Garcia, a man of sixty with thick glasses and the weary expression of someone who had seen three thousand suburban divorces decompose over thirty years, did not look impressed.

He turned his gaze toward Nicole Feldman.

"Ms. Feldman?"

Nicole stood up. She did not raise her voice. She placed three bound volumes on the lectern with a solid, resonant *thud*.

"Your Honor, we have submitted the certified financial tracing records for the account known as First Midwest 4401. Over the past fourteen months, Respondent has dissipated precisely forty-three thousand seven hundred and ten dollars of marital assets. Those funds were not used for household repairs. They were used to pay the rent, the business expenses, and the automobile maintenance of his paramour, Audrey Lane."

Ryan closed his eyes at the defense table.

Nicole continued: "Furthermore, on March eleventh of this year, Mr. Barrett executed an eight-thousand-dollar lease-option deposit on a residential property in Plainfield. He possesses an alternative residence that he has already funded with dissipated marital assets. Most critically, Your Honor: on August twelfth, Respondent facilitated the unauthorized removal of Petitioner’s non-marital personal property from the residence to host a social function celebrating the pregnancy resulting from that affair."

Judge Garcia stopped turning pages. He looked over his glasses at Miller.

"Mr. Miller, did your client spend forty-three thousand dollars from a joint savings account on Ms. Lane’s living expenses?"

Miller shifted his weight. "Your Honor, those transfers were characterized as informal loans during a period of acute financial—"

"Did he have written consent from Mrs. Barrett?"

"No, but under joint tenancy—"

"I don't need a lecture on joint tenancy, Mr. Miller," Judge Garcia interrupted. "Joint tenancy gives authority to sign checks; it does not grant license to loot marital savings to maintain a concurrent household with a third party. That is the textbook definition of dissipation under Section 503."

The judge pulled his pen from his coat pocket and scribbled three lines across the order sheet.

"Motion for exclusive possession is granted to Petitioner Leah Barrett. Respondent Ryan Barrett will vacate the premises by 5:00 p.m. tomorrow, August twenty-fourth. He may remove his clothing, his personal grooming items, and his coaching materials in the presence of a civil standby deputy from the Sheriff's Office. All joint accounts are frozen immediately. Respondent’s motion for temporary maintenance is denied without prejudice pending a full dissipation reconciliation at final trial."

Judge Garcia slammed his gavel down. *Crack.*

"Next matter."

We stood up.

Ryan remained seated at his table, staring down at his hands as if they were foreign objects that had betrayed him.

Miller leaned down, whispering harshly into his ear, gathering his leather binders with jerky, irritated motions.

Nicole touched my elbow, steering me toward the double doors of the courtroom. As we reached the corridor, Ryan caught up to us, his footsteps echoing on the terrazzo tile.

"Leah! Please!"

Nicole turned instantly, stepping between us like a veteran guard. "Mr. Barrett, do not approach my client."

"One minute, Nicole," Ryan begged, his face pale, his tie slightly crooked. "Just sixty seconds. Please."

I looked at Nicole and gave a small nod. She stepped back three paces, keeping her eyes fixed on Greg Miller, who was watching from twenty feet away.

"You have sixty seconds, Ryan."

"Where am I supposed to go?" he whispered. "The Plainfield place isn't ready until October. The landlord won't let me move in early without another two thousand dollars down, and the judge just froze my accounts! I can't stay at Audrey’s apartment—she has a one-bedroom, her brother is sleeping on the floor, and she’s sick!"

I looked at him, feeling an almost clinical fascination with his complete inability to comprehend cause and effect.

"You have a sister, Ryan. You have parents who helped you celebrate under my maple tree. Go sleep on Jenna’s sofa."

"She has three kids, Leah! There's no room!"

"Then ask Audrey to make room," I said. "That’s the life you bought with my money. Go live it."

"You really hate me," he said, the realization finally breaking through his thick crust of self-pity. "After nine years. You feel nothing for me at all."

"No, Ryan," I said, adjusting the strap of my laptop bag on my shoulder. "Hate requires an investment of energy. You are simply an unmitigated project overrun. And I have just terminated the contract."

May you like

I turned and walked toward the glass elevators, leaving him standing beneath the fluorescent lights of the courthouse corridor.

***

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