This monrning at 09:00AM, EST, Tonya was found incompetent to participate in the mandatory bail hearing. Thus, she was remanded to the prison's psychiatric hospital for further evaluation. The only positive result is that she is being held in custody without bail.
The major negative obstacle resulting from this evaluation is that this afternoon at 2:00PM, EST, the RI State Family Court (Judge Murray, Room 5F), is supposed to hear the following motions and petitions:
1. Abuse Petition filed against Tonya in order to document endangering conduct, behavior and alert the court of potential danger
2. Motion for Order of Restraint, this was filed by DCYF (children's services in RI) to prevent any contact or communication
3. Petition for Dissolution of Marriage and Divorce Petition, these were filed to terminate marital rights, re-acquire marital assets and property (previously owned and paid for by me) and to create the necessary vehicle for obtaining custody rights.
4. Motion for Temporary & Joint Custody, this provides joint custody of the children between the DCYF agency and myself. Since there is an ongoing investigation, and I too have to be reviewed, custody is shared with the agency until a final disposition is reached.
Now, because Tonya was found incompetent this morning, my divorce may not go through today. My attorney assures me that at the very least, I will receive all property and assets (big deal), but this Judge Murray is a stickler for details and covers all grounds in order to prevent appeals originating from his caseload. Thus, without Tonya being present, or if she is present and incompetent, I may wind up still married to her despite the crime and tragedy.
I'll tell you, when it rains, it pours.