Marilyn Diamond

Dear Sir

 

I am writing after reading your article on Marily Diamond, the judge assigned to my divorce in 2000/2001.  What a circus and nightmare. 

 

My ex-husband is a prominent law partner with a "lucrative career"; ie, an absentee husband and dad, while I was a stay-at-home mother and sole caregiver of our 2 daughters.  For 13+ years one could state we had a quiet marriage.  However, after years of emotional abuse and neglect I finally filed for divorce after having a nervous breakdown and despite my ex's warnings that I "will pay" for doing so.

 

I had a nominal and occassional voluntary support of $500/mo. mostly because Diamond was assigned but was not presiding over the case pending her decision if she would remain.  This occurred from Oct.2000 until March 2001 when while visiting family in Fla. for my 40th birthday I was called back into court for an "emergency court" date.

 

In that time, I had called the police several times for violent acts by my ex-husband, but it took my own use of a video camera before my account and report was validated.  That was of little concern to Diamond as she prefered to admonish me for internet dating.

 

Per not having a judge to rule, me and the children were forced into living with violent outbursts during this extremely difficult time until June 2001 since Diamond* ruled I had to vacate the marital residence per an agreement to seperate ownership of (2) marital homes. I had to chose one before a financial forensic report was completed.

 

As to the violence and abuse, it never ended for the children and the small dogs we own, though occassional, but also included a multitude of threats against me including as recent incident involving the police in 2007.  There is a long laundry list at the local police precinct.

 

(I have gone to seek legal counsel but can ill afford the $25,000 retainer fee. - Point is this is the result of justice served).

 

*I was ordered by Diamond to select a home in the emergency court date of March 2001.

 

Additionally I had prepared documentation to show the court the embezzlement of marital funds, no less than $1 Mil.  Diamond ruled she would not review such documents.  While I realize many make statements they can not prove, I have supporting documents my lawyer wished to present; a significant difference.

 

This judge appointed a forensic on custody contrary to the findings of a panel of many prominent family and other lawyers cited in the American Law Journal that same year. Subsequently, forensics are now out of favor in custody matters for being too superficial.

 

To a large extent many of my problems were the result of poor counsel, in retrospect my own fault.  But having been a stay-at-home mom for many years and never a businesswoman I was clearly at a disadvantage and really needed help, certainly equal protection under the law.

 

While this judge pushes cases through the system as one might herd cattle, I and our children have suffered greatly as a result of being handled in this manner by Diamond.

 

What I wouldn't give to be able to reopen the most important matters; the embezzlement of the marital funds which I can not since I signed a settlement which prohibits me from doing so, and renumerations for the years of hardship the custody agreement has caused.  Again, I signed a settlement for fear of what I would face in Diamond's court given her handling and rulings.

 

Yes I settled, but not for this.  Lack of knowlegdge (after all I am not a legal professional) and being coerced, really has had a devastating and long lasting effect.

 

Btw - I mistated when allocuted that my ex and I had not had sexual relations.  We had been instructed to in our marital counseling sessions.  I would file for an anulment of the divorce, but face Diamond again.......guess not.

 

Sheryl Ostrager nee Rosen

212-600-1948

SHERYL [osmartalec@rcn.com]

Edited by admin - 08 Mar 2008 at 1:29pm

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