VIRGINIA BEACH
What became one of the city's longest contested divorces apparently ended after nearly five years of litigation.
A Circuit Court judge Thursday granted John and Mary Kablach their split.
The Kablachs, both 47, married in 1983 and had two children. He owns a small print shop. She worked for a time as a medical and teacher's assistant before she was diagnosed with a brain tumor in 1999, and now works in merchandising.
There was discord in their union, and counseling has been a routine part of their lives for nearly a dozen years, according to their thick court file. They separated in the spring of 2002.
That November, John and Mary Kablach, who was recovering from her tumor surgery, signed an agreement for an amicable separation. Mary Kablach would keep the house and receive spousal support.
In March 2003, the couple appeared before a Beach divorce commissioner for what was supposed to be an uncontested hearing.
This time, Mary Kablach had an attorney and challenged the agreement, saying John Kablach forced her to sign it when she was in no condition to do so.
John Kablach hired his own attorney, and the two sides spent two and a half years in hearings with no resolution.
Had Mary Kablach not challenged the original agreement, she would have continued to receive $700 each month in alimony and an equal split of all the assets.
Instead, John Kablach was ordered to pay $550 each month in alimony, but the assets were divided 60-40 in Mary Kablach's favor.
"I just wanted closure to move on," Mary Kablach said Friday as she digested the news. "If we would have known what we know now, maybe we would have done it different. I'm glad it's over."
John Kablach, who said he faces almost $100,000 in legal bills, agreed that the important thing is moving on. He was also ordered pay $5,000 of Mary Kablach's attorney's fees. Unless either side appeals, the case will be finalized in coming days.
"You don't know the stress it causes," he said after learning about the ruling. "It is a big relief."
Thousands of divorces had been filed and granted since the Kablachs first sought theirs in 2003.
While they do not track how long the average process takes, Tina Sinnen, clerk of the Circuit Court, said "five years is a rarity."
She found only one case that has gone longer. It was filed in 1996 and is still listed as active, but will be closed next year if no action is taken, she said.
In most uncontested divorces, after a couple with children are separated for a year, the dissolution of a marriage can take two to six months.
But when there are controversies over spousal support and the distribution of assets such as in the Kablachs' case, the process can be drawn out.
"There is no such thing as a typical divorce," said Diane Fenner, a Beach attorney who specializes in family law. "If two parties both want finality, it is very unusual for it to take five years."
In September 2004, a divorce commissioner determined that the original agreement between the Kablachs was valid.
This time, John Kablach wanted out of the deal. The case landed in Circuit Court in July 2006.
That September, a judge ruled that the agreement was void because Mary Kablach had lacked the capacity to enter into such a pact.
Essentially, the couple had to start over. The attorneys made their closing arguments in July 2007 and Judge Stephen Mahan made his ruling on Thursday.
While it stretched out, John Kablach entered a new relationship and had a son.
"I'm trying to pick up the pieces of a shattered life and move on," John Kablach said.
Duane Bourne, (757) 222-5150, duane.bourne@pilotonline.com
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Who stretched it out?
They should have published the names of the lawyers.
It'll continue.....
As long as men are able to disguise lying by whining, as long as lawyers churn their cases to run up their bills in order to get to assets that they know exist, as long as lawyers tell their clients to shut up when the client is only trying to correct an important fact that then requires two more hearings to correct because nobody listened to her, as long as a mentally ill party is threatened with contempt rather than given the help she needs, as long as lawyers get away with threatening opposing parties with criminal action in order to gain an advantage in a civil case, as long as the good-ole-boys stick together to make much of the woman's mistakes while ignoring the man's mistakes, as long as judges pretend to believe testimony that they know is false, as long as people in power make decisions according to their own personal agenda rather than do what's right, as long as time, truth, rules, justice and discretion are abused, cases like this will continue to happen.
No surprise here
Ridiculous, but not surprising
Divorce Proceedings
Another reason why I'm glad I'm gay and will never have to deal with that mess. It ought to be a crime for divorce proceedings to last that long...
Lawyers
John Kablach, who said he faces almost $100,000 in legal bills, agreed that the important thing is moving on. He was also ordered pay $5,000 of Mary Kablach's attorney's fees.
He pays his lawyer $100,000 to reduce monthly payments by $150?? In 55 years he will break even. What a deal!
I googled it for you cig
Here is the business's website:
http://houseofprintingva.com/
And who cares whether or not its 'newsworthy'??? Read the title and if its not newsworthy, SKIP IT!!!
news?
How is this possibly news? Who would care about this aside from the families involved? I think my neighbors grounded their kid for not doing homework, the Pilot better send over a news crew to cover it.
i feel for him
that poor guy. once again it just goes to show that the legal system is a mess. she would have been better off taking the first deal instead of changing her mind and getting greedy. woman. for my divorce i wanted the kids and he could keep everything else. she decided she wanted to fight the divorce why should he have to pay her lawyer bill? she can get a second job stand up for herself and stop depending on someone else to take care of her. now he is stuck taking care of someone who is just putting him into debt. way to go girl stand up for yourself. not! you just put woman's lib back into the 50's.
I support him too
From reading this it appears his wife did more damage than good to them both. Just another scorned ex.
What would Jesus do? I am doubting he would made a system that intertwines a religious custom into an issue regulated and decided by the courts.
105K in legal fees. The only kids that benefited are the lawyers.
Critics
Everyone is a critic.
I am sad our local paper is being sold and I will be sad when local news is no longer included in our reading OPTIONS.
After 50 plus years of reading numerous "news" publications, I have not found a single one that pleases all the people all the time.
So even if you are vocal whiner, thanks for reading.
Read on and grow.
I'm in need of a printer -
Any idea the name of his printing business?? I really want to support him - my divorce took 7 yrs.
BACKOFF!
Prariedog I don't know where you from, but I've about had it with you talking about our newspaper in such a negative light. It's not the worst paper I've ever read. You leave our Southern Va newspaper alone you hear.
And the winner is?!?!?!
And who got the best deal of it all?!?!? THE LAWYERS. Amazing that you get yourself into only to pay someone else, enough money to buy a small house, to get out of it instead of being grown adults and working it out. This is a perfect example of how good or bad a case turns out, its ALWAYS good for the lawyers! And they wonder why most people HATE them. But then again, dont we bring it on ourselves? AMAZING!
Divorce
Who cares? This is not front-page news. I'll sure be glad when this eastern liberal newspaper is sold and everyone fired.