Less than 7 months prior to Rackspace co-founder Graham Weston’s divorce case is set to go to trial, his estranged wife finds herself in an odd predicament.
Elizabeth Weston appeared without counsel at a courtroom hearing Thursday in New Braunfels, telling a judge she cannot pay for authorized representation.
She’s experienced at minimum 29 lawyers from some 16 legislation corporations symbolizing her at a single time or yet another for the duration of the class of the far more than 20-thirty day period-outdated circumstance.
“Though more than a billion bucks were being made for the duration of my marriage to Graham Weston, revenue in excess of which my husband has unfettered accessibility … I do not have access to any marital estate cash to guidance myself nor my son, nor fork out attorneys’ fees,” she explained. “As a final result, your honor, I am now out of revenue with which to seek the services of lawyers and continue in this divorce scenario.”
A lawyer for Graham Weston disputed the assertion.
Elizabeth Weston’s remarks have been part of a about 5-minute assertion she read through to the courtroom, in which she also mentioned she has not gotten a “fair and even actively playing field” in the circumstance.
“OK,” Comal County District Decide Dib Waldrip mentioned just after her statement.
In Oct 2020, Elizabeth Weston, 61, filed to close the couple’s then-just about 26-calendar year marriage. The submitting arrived about a week right after Graham Weston, 58, filed divorce papers, nevertheless he dropped the action the subsequent working day. The pair wed in 1994.
Their split has been bitter. She has accused him of sexually assaulting her and owning extramarital affairs, allegations he has denied. She has been accused of recording him and using the services of a non-public investigator to keep track of him for a yr and a 50 percent.
Community property?
A vital situation in the divorce is regardless of whether the prosperity Graham Weston has amassed represents neighborhood property. His legal professionals intend to argue assets obtained by numerous trusts all through the relationship are not part of the marital estate.
“I locate it ironic that just after 28 years of marriage to Graham Weston, my spouse is declaring that all the property made all through our marriage are his and the marital estate is bankrupt,” Elizabeth Weston mentioned in her assertion. “My husband, Graham Weston, is not bankrupt, nor need to I be.”
The couple does not have a prenuptial agreement.
The scenario signifies most likely 1 of the most important divorces ever in the San Antonio region. Graham Weston created an appearance on Forbes magazine’s yearly billionaires checklist in 2013, but by no means made the record yet again.
He is finest-identified for co-founding Rackspace Technological innovation Inc., the cloud-computing organization. His authentic estate business Weston Urban crafted the $142 million Frost Tower in downtown San Antonio and is attempting to get residence near San Pedro Creek for a downtown baseball stadium.
He also has spearheaded numerous neighborhood endeavors. He co-founded nonprofit Community Labs to carry out coronavirus screening and promotes entrepreneurship and education and learning via his 80|20 Foundation.
Attorneys withdraw
The Westons’ divorce trial has been delayed a number of instances. Most not long ago, on June 2, the choose reset the trial from Monday to Aug. 22 to give Elizabeth Weston’s attorneys a lot more time to put together.
But on June 15, guide counsel Lawrence Friedman and Ryan Lurich of the Dallas organization Friedman & Feiger — who requested the continuance — filed a movement to withdraw from the circumstance.
Various factors have been provided, including Elizabeth Weston’s failure to shell out for lawful providers and her failure to communicate with attorneys. They also cited her “persistence on pursuing an objective that (they) take into account repugnant or impudent or with which (they) have a elementary disagreement.”
Less than two hours later, Lubbock legal professional Anna McKim, also element of Elizabeth Weston’s legal staff, submitted a similar movement to withdraw. She explained there was a “breakdown in communication” with her customer, as effectively as a “fundamental disagreement on how to move forward.”
Then, that identical evening, attorneys Lindsey Craft and Amy Smith of Lubbock sought to withdraw. They said Elizabeth Weston has “failed and refused … to cooperate” with them and insisted on “pursuing an objective” they regarded “imprudent.”
A few of other lawyers subsequently filed to withdraw, as well.
In granting the motions to withdraw, Decide Guadalupe Rivera identified Elizabeth Weston’s “conduct interferes with counsel’s obligation as an officer of the courtroom.”
Elizabeth Weston had required San Antonio law firm Jason Davis as counsel in the divorce, but Waldrip disqualified Davis in March 2021 because of his representation of Graham Weston in three lawsuits. The choose referred to as it an “impermissible conflict of interest” when Davis started investigating claims from Graham Weston within the divorce circumstance.
Inventory of belongings
Through her assertion Thursday, Elizabeth Weston said she has used additional than $4 million so considerably in the divorce circumstance.
William Ford, an attorney for Graham Weston, responded in courtroom that a June 1 stock of her assets displays she had $3.7 million in one particular account and $521,000 in a different.
“I’m joyful to set her on (the stand) and have her testify to that if I need to have to,” Ford mentioned to Waldrip. “She has accessibility to money.”
“Mr. Ford is incorrect,” she replied. “Those money are not there as we speak nowadays.” She extra she would not testify with no lawful illustration.”
Elizabeth Weston didn’t say in the course of the listening to whether or not she would seek the services of new counsel quickly. It’s not distinct how her lack of representation could impact the demo day, but Waldrip seems intent on likely ahead with it.
“We will move forward in this situation as the law permits,” the decide reported.
The intent of the hearing was for him to listen to a few motions from Graham Weston’s legal professionals.
The decide requested that Elizabeth Weston have to comply with an independent medical evaluation by the finish of subsequent 7 days. Graham Weston presently submitted to the examination, his attorneys said.
“Your honor, with what shall I pay” the medical doctor? she asked. “I have not been provided by you, this court, interim attorneys expenses, nor have I been provided short term orders of assistance.”
“It is not a subject of study course that most people that information a divorce will get such money,” the decide answered. “That’s all I can say. I have not been introduced the motion” for guidance and attorneys’ service fees.
The parties are scheduled to mediate two days in August ahead of the trial.