Chapter 9
Camila
“Your Honor, the evidence is clear. This so-called marriage exists only on paper. The parties have not lived together, shared a household, or even spoken regularly for years,” Max Hawthorne from Hawthorne & Bell, LLP states to the judge.
Luckily, it’s just the lawyer’s little weasel face I have to deal with in this emergency hearing and not Glen Lucas. I’ve been worried for the past two days that I’d have to be in the same room as him.
I’ve only met my biological dad a handful of times.
The most notable was when I was nine. My mother dragged us to his office and made us wait outside for him all day so that she could beg for more child support money.
Her tears and commotion were embarrassing, even to a child.
It wasn’t until I was an adult that I learned that, soon after my mother got pregnant with me, she signed a settlement instead of fighting for a calculated share of his wealth for child support.
Probably one of the dumbest things she’s done in her life, and a big reason why I needed this inheritance money in the first place, and why I became a divorce attorney.
I’d never let one of my clients make a horrible deal like the one my mom did.
I puff out a mocking laugh before addressing the judge.
“Mr. Taylor and I have been legally married the entire time, which satisfies the trust’s language.
It doesn’t say we had to live under one roof.
It just says married, which we are. Beyond that, the estate has no authority to dictate the private dynamics of the marriage. ”
“Your Honor, debating back and forth over the language of the trust is ridiculous. The terms are explicit: not only must the beneficiaries be married to receive the inheritance, they must remain married in good faith for six years.”
“Define good faith.”
Mr. Hawthorne continues, unfazed by my interruption. “We have substantial evidence they have not been living together, communicating, or acting as a couple.”
My glare flashes to Mr. Hawthorne. “I’d hardly call Mr. Taylor’s disgruntled ex-girlfriend substantial evidence.”
Beside me, Hess shifts in his chair at the mention of Shanna as his ex-girlfriend. Maybe I took some liberties calling her that. For all I know, they’ve made up and are planning a wedding next spring.
“Ms. Jiménez,” Judge Perry says, staring at me over the rim of his thick glasses, “I know you by reputation. You’re very good at what you do, so I want to remind you to tread lightly.
If it’s proven that you willingly entered into a marriage for the inheritance and then lie about it today you can be disbarred. ”
My throat thickens. I know I’m walking a fine line here and it’s killing me. The last thing I want is to be disbarred.
“Your Honor,” I say in a softer tone, “I’m not lying about how the marriage came to be.
I’d never do that. I’m merely suggesting that Mr. Taylor and I met the conditions set forth in the trust as it was written.
As a divorce attorney, I’ve seen every type of marriage come across my desk, and if we examine the inner workings of those marriages, I believe that we’d find most of those marriages not to be in good-faith from toxic relationships, miscommunication, years of separation, etc.
What I’m arguing is that our marriage, though not traditional, meets the subjective ‘good-faith’ requirement as much as any marriage out there does. ”
There’s a sniff from Max Hawthorne. “Ms. Jiménez can refute the language of the trust and argue that ‘good-faith’ is subjective, but the fact remains: Mr. Taylor and Ms. Jiménez entered into a fraudulent marriage to receive the estate money from my client, Mr. Lucas and then never spoke again. Now, Mr. Lucas is asking Your Honor to make a judicial declaration that the marriage isn’t valid and that the money needs to be repaid in full. ”
Judge Perry removes his glasses, tilting his head as he stares back at us. I feel Hess squirm beside me, prompting me to square my shoulders as a show of confidence from at least one of us.
“You say this is a real marriage?” he asks.
My chin lifts. “Real in the sense that it was legally and lawfully done per the terms of the trust.”
“I don’t like that, Ms. Jiménez.” He shifts his weight. “I view marriage more than a legal contract. My wife and I have been happily married for thirty-nine years, so my views of good-faith are coming from a different place.”
My stomach knots. This is exactly what I was afraid of.
“Yes, but can the court really say that Mr. Taylor and I aren’t happily married within the arrangement of our marriage?”
Judge Perry’s eyes narrow. “While I agree I’m not here to police romance or living situations, I am here to ensure the estate is administered as intended and I believe the grantor intended for this to be more than a legal arrangement between the two of you.
So here’s what I’m going to do.” He sits up taller.
“Based on your impeccable reputation in the courts thus far, I’m going to give you a second chance, Ms. Jiménez.
I’m going stay the calendar on this case for about six months and during that time, I would expect you both to try and make this a legitimate marriage where there’s no ambiguity on whether or not it’s considered in good faith.
I would expect that you and Mr. Taylor live together like most married couples do.
I would also expect that you attend monthly marriage counseling to learn how to communicate.
My wife and I have greatly benefited from that ourselves. ”
“Your Honor,” I desperately defend, “the courts don’t have authority to force people to live together or attend counseling.
The court’s role is to decide if the condition was met at the time, and it was.
Mr. Taylor and I have been legally married for the last five and a half years per the trust’s terms.”
The judge pins me with his dark eyes. “I’m aware that I can’t order you to do any of those things, but I like your chances in this court a lot more if you spend six months living together and attend monthly counseling.
Now, if you refuse to do those things, I can make a ruling right now about the validity of your marriage. It’s your choice, Ms. Jiménez.”
And this is why Judge Perry is considered whacko and unorthodox. If he rules now, he’ll say the marriage isn’t valid and I’ll be on the hook to pay everything back. If we wait six months and comply with his wishes, he’ll probably declare the marriage valid.
I force a smile. “No, Your Honor, that’s not necessary. Mr. Taylor and I are happy to push back the hearing six months and spend that time working on our marriage.”
He glances at Mr. Hawthorne. “Does that satisfy the demands of your client?”
“It does, Your Honor.”
“Excellent we’ll set a new hearing on the calendar at which time I’ll make a declaration about the validity of the marriage and the trust money.” He bangs his gavel, shaking my stunned body. “Court is adjourned.”
I fall into my chair, resting my head in my hands.
Hess leans over to me. “Wait. What just happened?"
“We lost.” We didn’t really lose. Judge Perry is handing us a lifeline that may just save us in the end. But right now, it feels like we lost.
“You mean you lost?” Hess says.
I turn to him with a glare. “We lost.”
“It sounded like the judge said we had to live together for six months and also go to counseling."
“Yeah, because that’s what he said.”
Hess shakes his head. “I’m sorry. I'm still trying to play catch-up here. Why did he say that?”
I stand and begin gathering papers, shoving them aggressively into my bag. “Basically, he paused this case for the next six months and suggested that we do those things before we see him again.”
“But why?”
“Because that’s what he needs to see from us in order to make a ruling on the marriage.”
“Can he do that?”
“Yes. Tabling the case is within the judge’s discretion. So is him making suggestions on what he’d like to see from us.”
“So you and I need to live together for six months?”
“Yes.”
“As a married couple?”
“Yes.”
“And go to marriage counseling?”
“Yes.”
“Monthly.”
“Yes.”
Hess bursts out laughing—uncontrollable, loud, boisterous laughing.
“This isn’t funny,” I snap.
“It’s a little funny. I mean, I didn’t even know that this was an option. So dumb on me. But what’s your excuse? You’re the lawyer.”
“I didn’t pay good enough attention during school when they had lectures on irrevocable trusts and estates.”
But really, I don’t have a good excuse. For once in my life, I feel like I didn’t do my job to the best of my abilities. I lost, and I never lose. And the worst part is that I lost in the most important case of my life…because it’s my life.
“So what do we do? Can we appeal or something?”
“No, Hess. We can’t appeal.” I pick up my bag and turn to leave.
“You know, you could cut the attitude a little bit,” he says, chasing after me. “I literally don’t know what’s going on here.”
I pause my steps and soften my tone. “There’s nothing we can do. The hearing is postponed for six months—”
“But what if we don’t? What if we say, ‘All right, fine. We lied to get the inheritance.’ Can we just pay back the money and go our separate ways?”
“Technically, yes.”
His brows lift. “Okay, then why don’t we just do that?”
I’m surprised he has the funds for this to even be an option.
I lift my chin, trying to infuse a little dignity into my words. “I don’t have the money to pay back the inheritance.”
“You don’t have the money?” There’s no judgment in his expression, just clarification.
“It’s all been spent.”
“Aren’t you some hotshot, fancy lawyer, rolling in the money?”
“I’m not a partner yet, so no. Not rolling in the money.”
He nods a few times as he thinks. “What happens after the six months? Would we still have to pay the money back?”
“No, probably not. He strongly hinted that if we complied with his wishes that he’d rule in our favor. And we would be able to get the last payment and move on with our lives.”
“So the only option right now is to live together for six months as a married couple?”
“Correct.” I watch Hess, wondering if he’s going to agree to this or finally tell me my scheming is insane, and he’s outta here.
“And is it, like, a secret still or…”
“We have to make it seem like we’re trying. That’s the ‘good faith’ part, plus there’s counseling.”
He swears under his breath, the curse mingled with a bit of laughter. “My mom is going to kill me.”
“I’m really sorry to drag you into all of this.”
“No, you didn’t drag me into anything. I did this too. I’m sorry I ever told Shanna about the marriage. It’s my fault the court is challenging the validity.” He scrapes his hand down his face. “So, effective immediately, meaning you’ll move in right now?”
“I can’t just move in right now. There’s packing involved. Besides, I was thinking you’d move into my place. I have a two-bedroom condo in Phoenix, close to my office. It’s brand new.”
“No.” He starts walking, leaving me chasing after him this time.
“What do you mean, no?”
“Your condo sounds great, but we’re living at my house in Queen Creek.”
“Queen Creek! That’s, like, a forty-five-minute commute to work for me.”
“It’ll be worth it.”
“No, it won’t.”
“I don’t know what to tell you. I work from home and can’t be away from my house. If this living arrangement is happening, it happens in Queen Creek.”
I stop walking, realizing I don’t have a choice. I can’t pay back the money, so I need to do this for the next six months.
“I’ll text you the address,” he says as if he read my mind. “You can move in starting tonight.”
“No, I already have plans tonight.”
It’s my monthly friend dinner at Oregano’s, where we update each other on our lives. However, tonight I’m definitely not updating everyone on my latest happenings.
“Fine. Tomorrow, then.” He flashes me a smile over his shoulder then disappears around the corner.
Queen Creek!
That’s rodeo central out there.
That’s when I remember Hess’s barn, where Selena wants to have her wedding.
There’s a fleeting cowboy thought before I force it out of my head and puff out a sigh. “What did I just agree to?”