• Report: #1165444

Complaint Review: Judge Clara Willis Byrd

  • Submitted: Mon, July 28, 2014
  • Updated: Tue, July 29, 2014

  • Reported By: TSgt US Air Force — Lebanon Tennessee
Judge Clara Willis Byrd
Lebanon, Tennessee USA

Judge Clara Willis Byrd unfair to Military Member Denied Divorce – Judge Clara Willis Byrd  formally reprimanded for not doing following statutes in a child custody case in Lebanon Tennessee - I served my country in the military – I should I have to endure this injustice Lebanon Tennessee

*Author of original report: I did not get it worked out in TN

*Consumer Comment: You are not alone

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Yesterday my divorce dismissal hearing occurred with Judge Clara Byrd.   24th of July 2014 in Lebanon TN.

 Background:  I lived in TN for 2 years prior to joining the military.  I worked for Southwest Airlines at Nashville International Airport.  Got married in CO after joining the Air Force and now live in Germany because I'm stationed here.  I have 2 children with my ex.

 I caught my wife cheating on me for a second time.  When I confronted her about it, she left the country with my two kids to CO without my knowledge or consent.  (Child Snatching/Hague Convention Violation)  I proceeded with my filing for divorce.  I had called 6 different Colorado attorneys because that is where we got married.  I knew that I could not file there due to residency requirements but just wanted proof.  ALL of them said that I cannot file in CO due to me not having the residency requirements,(having lived there for the past 90 days). [continued below]....

.....  I then proceeded to call attorneys in TN, since TN is my home of record and has been since 1997.  Judge Clara Byrd who didn't even know what a military home of record was at the proceedings, decided to dismiss my case because she "believed" I didn’t have the residency requirements and told my lawyers that I should file in Germany or have my ex file in CO.  My lawyers even stated the statutes in court and Judge Byrd did not believe the statutes because she was not "familiar" with them.  Now since she dismissed the case, I cannot file for divorce anywhere in the US.  I can appeal this case as so many others have had to do, but it will cost me another $4-6K in lawyer fees to do so and will take another 5 months.  I have been denied my right to get divorced from my ex in my State of Legal Residency as a military member.  I cannot even file in Germany til April of 2015 due to the fact that they require a 1 year living separation. Judge Clara Byrd even made a durogatory statement about me in court.  She said, "I know what this is.  Some guy got caught cheating on his wife and he wants a quicky divorce ."  When in reality it was the EXACT opposite and my wife was cheating on me.  How does someone get a Judge disbarred? 

This judge has a long history of not listening to lawyers stating laws and statutes which leads to many many appeals in her court.  She is the 2nd Highest overturned Judge in TN.  She was even formally reprimanded for not doing following statutes in a child custody case.  Here is a link to those who have voiced complaints on her cases.

http://www.topix.com/forum/city/lebanon-tn/T1M57KL59FJMGNCFU/p1

Link to file a formal complaint with the TN Supreme Court

http://www.tncourts.gov/boards-commissions/court-judiciary/file-complaint


This report was posted on Ripoff Report on 07/28/2014 06:28 AM and is a permanent record located here: http://www.ripoffreport.com/r/Judge-Clara-Willis-Byrd/Lebanon-Tennessee/Judge-Clara-Willis-Byrd-unfair-to-Military-Member-Denied-Divorcenbsp-Judge-Clara-Will-1165444. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Author of original report

I did not get it worked out in TN

AUTHOR: - ()

I was not able to file in TN.  I chose to file in Colorado after my Ex met the residency requirements (she had to be there a total of 90 days).  After she met those requirements, it allowed either party the ability to file for the divorce.  I should have filed for an appeal in TN however.  As the divorce was very lengthy in CO and since she was now a resident they judge was very partial to a potential voter.  She was granted everything that she wanted and I had ot pay over half my salary (65%) to her for the next 42 months.  I am still living off of just 35% of my income and barely getting by while she now lives with another man (who she has been with for the past 3 years) who makes 3 times what I make and I still have to pay her. 

The judicial system is not fair.  I tried to file for modification but was denied as they do not pay taxes together.  I beleive a divorce in TN which is an At Fault state would have granted me a heck of alot more if I persued the divoerce there with the evidence that I had (picutres and videos of the actual cheating).  I would say for your son to persue an appeal.  It seems daunting but it will turn out better in the end.  And also by statute his divorce will be back dated to the date of the original filing which you indicated was in 2007 I believe. 

So if she thinks she is going to get more of his military pension then she is wrong.  You can email me at jeffrey.k.fackler.mil@ mail.mil ifyou want more info.  My new wife is also an attorney here in Nebraska and I will be going to school for my Law degree when I retire in 2 years.  If I can help, I will.  I pains me to see that Judge Clara Byrd was voted back in.  She is the most overturned Judge in all of TN.  We as a state can do better.  I might even run for Judge in Lebanon one day.  Take care and God Bless.

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#2 Consumer Comment

You are not alone

AUTHOR: Wronged by Byrd - (USA)

 Dear sir first let me start by saying we feel your pain did you ever get this resolved and if so how? My brothers case has been in front of Byrd since 2007 for divorce and it's still not resolved he was put in jail for 60 days for contempt over something beyond his control never been in trouble one day in his life

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