The audacity of those two showing up was almost impressive. Here they were, the people who'd started this whole mess by hiring my wife's reproductive system, sitting in my divorce proceedings like concerned family members instead of the home-wreckers they actually were. Steinberg opened with what I can only describe as a masterclass in emotional manipulation. He painted a picture of Melissa as this selfless saint who'd made the ultimate sacrifice to help a childless couple, only to be cruelly abandoned by her heartless husband during the most vulnerable time of her life.
"Your Honor," he said, gesturing toward Melissa like she was some kind of religious icon, "my client is a woman who exemplifies the very best of human nature. When she learned that her employer and his wife were struggling with infertility, she made the extraordinary decision to serve as their surrogate mother. This wasn't a decision she made lightly, Your Honor. This was an act of pure compassion, a gift of life itself."
A gift of life. Jesus, these people really were all reading from the same script. "But instead of supporting his wife during this difficult time," Steinberg continued, his voice getting more dramatic with each word, "the defendant chose to abandon her. He filed for divorce while she was pregnant."
"Your Honor, he refused to attend the birth of the child she was carrying. He has shown a callous disregard for his wife's emotional and physical well-being. That is frankly shocking." He went on like that for 20 minutes, painting me as some kind of monster who'd kicked a pregnant woman to the curb for having the audacity to help people in need.
By the time he was done, I was half convinced that I should be locked up for crimes against humanity instead of just trying to get out of a marriage that had turned into a nightmare. But then it was Jim's turn, and that's when things got interesting. "Your Honor," Jim said, standing up with a stack of papers that looked thick enough to stop a bullet. "The plaintiff's attorney has told you a very compelling story."
"It's just too bad that story has almost nothing to do with the facts of this case." He walked over to the evidence table and picked up a manila folder that looked like it could have contained the secrets of the universe. "The facts, Your Honor, are these. Mrs. Walker made a unilateral decision to carry another man's child without consulting her husband."
"When Mr. Walker expressed his opposition to this arrangement, she ignored him. When he explained how this decision would affect their marriage, she dismissed his concerns. And when he told her explicitly that proceeding with this surrogacy would end their marriage, she chose to proceed anyway." Jim opened the folder and pulled out what looked like a phone bill on steroids.
"Your Honor, I'd like to submit into evidence a series of text messages between the plaintiff and her sister in which she admits that her husband was opposed to the surrogacy from the beginning. I'd also like to submit several email exchanges between the plaintiff and her employer, Mr. Whitmore, in which she discusses the surrogacy arrangement without ever mentioning her husband's objections." Steinberg jumped up like his chair was on fire. "Objection, Your Honor. These communications are privileged."
"Overruled," the judge said, looking like he was already tired of this case and it had barely started. "Continue, Mr. Holloway." Jim smiled the way a shark smiles when it spots a wounded seal. "Your Honor, these communications clearly show that Mrs. Walker was fully aware of her husband's position on this matter."