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Who decides what is "fair" in a divorce?

I have been married for 11 years (together for 17) i reached my limit a few years ago and last summer finally had the courage to tell him I wanted out. Since then it has been ago horrible Rollercoaster ride as he goes through the loss of his marriage. Grasping at every attempt possible to manipulate me into staying. Most recently telling me I am possessed because that is the only way a divorce can happen. Ridiculous and ludicrous...but it can just be added to the list of reasons why I am leaving. I proposed that he keep the house, just giving me 50% of the equity we have accrued in the last 9 years. Hoping I can use that as a down payment and start my own life. But after looking at houses it doesn't seem like I will be able to stay close at all. It breaks my heart really...I have been a stay at home mom for 8 years... I can't live with out my boys. So what do I do? I dont know...
fenomen02 · 41-45, M Best Comment
I went through it few years ago! Nothing is "fair"...
fenomen02 · 41-45, M
@Belovebelight: THX... I just realized that you have selected my answer as the best one!!!!

Belovebelight · 36-40, F
I appreciate everyone who took the time to answer my question. Even if they don't agree with my choice. I have always been one for introspection, your answers allowed me an opportunity to observe others situation, prospective and opinions. Which in turn allow me to analyze my own. I wish you all to have a good day or night... deep breaths, hold your head up and smile!!
RevanUchiha · 22-25, M
Good day/night to you too :)
firefall · 61-69, M
Go get a good divorce lawyer. After that much time as his support, you definitely deserve half the house, amongst other things, and he's clearly not going to cooperate, on that or any other front, so scare him with a sharp, aggressive-sounding lawyer.

Really, I can't emphasise this enough. You will find most* judges will be biased against you (male privilege rules), so relying on the 'justice' of the Justice system is an invitation to being ripped off.

(* Family Court judges will often be biased in your favour, so visitation/custody issues are less likely to be problematic).
firefall · 61-69, M
@Belovebelight: Any time, glad to try to help
RemovedUsername329422 · 51-55, M
Firefall: I'm going to have to respectfully disagree with you about one of your statements. In this day & age (and for the past 20 years at least), the child custody Courts are NOT male privileged. By far not. Trust me I know. I could give you a first hand account that would take the rest of the day to type and contradict that.

The REAL problem for ANYONE going through this is the choice of an attorney. For example, there is a local attorney where I live that's consider to be the "best around". And he WILL work diligently to get the best possible outcome for his client. My ex had him. The PROBLEM is this. He was NOT looking out for HER best interests. And was SURELY NOT looking out for our child's best interest. He continued to file countless asinine motions, subpoenaed every one under the sun, and racked up massive fees, that SHE had to pay him. All for nothing. This idiot attorney insisted that we all appear in Court on a day in which our child had a very important school ceremony. All so that he could, once again, charged more fees. When the Judge found this out, he was livid. He told my ex and specifically her attorney, to get out of his Courtroom and to NOT come back. He also told them that they needed to get their priorities in order.

Just a couple of years ago, my wife's cousin hired this SAME attorney. He charged her a $30,000 retainer fee. And they are STILL going to Court. He is STILL charging her fees. At one point in time, this attorney had even subpoenaed my wife AND I, even though we have almost NO knowledge of their situation. Therefore, the point of all this? She needs a good attorney; that's true. But a FAIR attorney that's looking out for her & the kids best interest. And NOT his own!?!?
firefall · 61-69, M
@Virgo4Whore: If you notice my footnote, you'll see I agree that [u]child custody[/u] courts are not biased in favour of males, quite the reverse. And that lawyer you describe is horrific but sadly unsurprising, it's a profession overrun with the unethical and greedy. I would qualify my statement to say, a good attorney is one that looks after -your- interests, not his own.
TexChik · F
The judge will award you custody and half of the house plus child support and alimony ... get an attorney while your community assets still exist
fairone · F
@TexChik: This the best and correct advice!
Sorry you're having a hard time of it, my wife told me she wanted out and it took me time to wrap my head around it but I eventually did and we're parting more than special friends...who decides who get what? That's what lawyers are for.
Belovebelight · 36-40, F
I hope him an I can remain friends...for the kids sake.
@Belovebelight: All you have to do truly is be amicable for the kids' sakes. That takes a level of maturity that is difficult when people separate. Just never say anything negative about one another in their presences. That is a good start. As they get older, they can learn and decide why you are no longer together. There is less rancor then. I wish you good fortune in your new journey. If you need open ears or just wish to chat, do message me. I am happy to listen or to motivate you. :)
PTCdresser57 · 61-69, M
Belove...have an attorney and tell him what you want. If he is good he will advise you on what you can probably get. My guess is...alimony...half the value of the house...child support ( and be fair as the courts will just take a percentage and that doesnt leave the guy much money to live on ) 1 vehicle if you have 2. Make sure you get other things...sentimental items...dishes etc.
He sounds pretty manipulative. People during divorce can be so unreasonable. The ex stole everything he could while I was out of town. This was years ago. I suggest several things. Get a great lawyer. Women lawyers are the best. They sympathize and they know about this. Find a decent place to live. Get custody. Don't stay with this man. You know how horrible it is. Find a support group. Locally. Get a counsellor. Someone you can trust to talk to. He will say or do anything to keep you. A judge will decide. Or a mediator. I wish you luck. It will not be easy. But Freedom is the best thing in the world. I am older than you and I was unhappy too. And for good reasons. Four years later, I am happiest in my life. Loved by an incredible man. My grown son is happy too. And each day sings. You can do this. Be patient. Takes time. And you will enjoy your new life. So will your boys. And you will be able to breathe again, girl.
SW-User
I think the judge will make a lot of those decisions. Being that you've been a stay at home mom I'm sure you'll receive alimony. In the meanwhile, I would advise working on yourself so you can get on your feet and not need his help. Life will work itself out; best of luck! You never have to stay in a situation where you are not happy (:
DragonFruit · 61-69, M
Get a matrimonial attorney, discuss your situation. The attorney will decide what to say on your behalf.

Ultimately, a judge will decide what is "fair"….the rule of thumb, according to a matrimonial attorney I know, is that if everyone is unhappy with the outcome then they did a good job.
Picklebobble2 · 56-60, M
Go see a lawyer who deals with family law.
They should be able to give you a 'fixed fee' interview.
During which they'll ask all the relevant questions.
Why you are seeking a divorce.
Who will have care of the children.
Visitation rights etc.
They'll get to the question of your investment in the family home too.
Divorce is not easy. It's designed NOT to be !
It is possible a judge may decide you have a right to a certain percentage of the value of your home. But even if you live in a sizable mansion. Don't expect to be able to afford the lifestyle you are currently accustomed to.
If you are going through all this and STILL living in the family home, try and find alternate accommodation.
A lot less messier if you aren't at each others throats 24/7.
tatersmcgrumpy · 70-79, M
IF the promise wasn't in writing...then get a Restraining order, demand the house in the settlement...STOP worrying about him...WORRY about YOU and your sons..
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WoodyAq · M
I dont have an answer for you. But you are not alone in what you are going through or how you feel about it.

In fact, you and I should form a support group.
Tonydang · M
I'm sorry to hear but I've been through the same thing after 18 years of being together good luck It does get better in time
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Belovebelight · 36-40, F
You are right. When I was home alone...and had barricaded myself in my closet with a knife to my wrist, as his hateful words and violent actions ran circles in my head, tears streaming down my face... I decided I am better then this. My kids deserve a mother.... it was in that moment that I realized death was not my only option... I could leave. It took me 2 years after that moment to gain the courage to even tell him I wanted out. So yes I am leaving by choice... and it is the best choice I have made for my soul.
I dedicated my life from 16-33 with this man... all I am asking for is a chance to start a new life. I don't want to be the kind of woman that ruins a man's life by taking everything the house, pension, alimony, child support. I am giving him the house, not requesting child support, not touching his pension, and want to live close enough so that we are both available for our kids. Even if I live in a 2 bed room apartment, cause I share as hell can't get anything bigger then that in this area. I just want to see my kids.
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Belovebelight · 36-40, F
@Randy1737: I wish you could see ... but it's ok that you don't understand. I am sorry my question caused you to feel angry. I am just trying to get some others views... cause I am driving myself crazy
BlueRaine · 51-55, F
You need s lawyer. Stop feeling bad for him. You deserve more.
Belovebelight · 36-40, F
You're right... I do feel bad
majesticsea · 31-35, F
Will he have custody of the boys? It is never 100 percent fair. You lose some you gain some. For me, I am just glad to have the custody of my son irregardless of how much I can claim. My final verdict of how much I can claim from my marital home will be in december. Will let you know more by then. All the best. Hugs. ❤
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SINAI · T
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TexChik · F
@Belovebelight: I suspect that's a bot... a program ... a consult an attorney will give you some piece of mind
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BlueRaine · 51-55, F
Never tried that with music. Good to know.
SW-User
Not enough info here... what led to the divorce?
I went through a divorce, and we're better off now, plus I re-married - but that doesn't mean it wasn't difficult at the time.
Poor guy, what did he do that was so drastic?
@Belovebelight: Damn I'm sorry. I was married young as well. It hurt when we first split but it got much better soon after. You guys still living together? Kids?
Belovebelight · 36-40, F
@kekobaka: yes still living together. I can't afford to leave yet.
@Belovebelight: The sooner you move out the better for both of you. All you're doing is torturing each other by staying there. Rip that bandaid off so you can both start a new life.
RemovedUsername329422 · 51-55, M
Well, as the old adage goes, "ALL is fair in Love and War"!! Sometimes, Love & War can be the same thing?!?
SW-User
No chance of reconciliation? Just asking.
Belovebelight · 36-40, F
@Djce45: not in the near future
SW-User
I see. I got divorced, and I resisted it. I am quite happily re-married, so God did bless me in that respect.
RevanUchiha · 22-25, M
You can ask the judge to have the kids...most times the mother gets them :)
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sighmeupforthat · 46-50, M
the courts.
MartinTheFirst · 22-25, M
It saddens me every time I see someone posting about divorces. You should solve the problems, not give into them...
@MartinTheFirst: You speak from a life of little experience and from a book of religious zealotry. How dare you say she should stay in a miserable union? God, if he exists, would not want this. I do not approve of people who claim to be religious and demand others -meaning every single person on this vast earth- be religious. When you become older and wiser and have lived life, perhaps you will speak with a wiser tongue. Even a "god" would know when to change a life that is clearly damaging. I do not care whether you are upset or not, the poster of this question is seeking advice. And she is moving towards positive change. Her husband is a brute. And his treatment of her is certainly horrifying and uncharitable and unloving. I think you can understand that. His behaviour is unhusbandlike. Religious zealots help no one but themselves. That is why only religious zealots join religious zealots.
And vows that are not upheld because a person doesn't love or help or trust the one that one is married to are worthless. People say them lightly. They then think that treating someone horribly and abusing them or cheating is just fine and Christian-like. That is beyond words. Staying in a union which is unhappy, unhealthy, and miserable which has been worked on is just plain stupid.
MartinTheFirst · 22-25, M
@PoetryNEmotion: My parents have been through all of this, therefore I've been through all of this that this woman is mentioning as well. Not to the emotional extent, not to the details she has experienced, but to a very similar situation.

My parents moved away from each other after a long time of us fighting, I was fighting a lot between them as well. I protected my mother, and she protected me (verbally). We moved away for a year, it was nothing better. Our living situation was poor after going away from my father, and she was sad every day as she still loved him.

We moved back after a year, it didn't solve when we moved back, but it was still better than being divorced, both for my part, and as I noticed, for my mothers sake as well. As I grew older, my father started to understand more and more what he was doing to us, I started to tell him what was on my mind, and it has now become very calm (part from some weekends, it's nothing too bad though, it's easily handled and will only get better from now on).

Now my mother is happier, and my father is happier, and they still love each other as 50-60 year olds.
I helped them stay together, as I asked her to stay with my father.

Take it easy my friend, you do not know what I have been through.

____________________

God do not want her any harm, not him either, however he do want them to stay together and solve it for their own sake, that is what is said in the bible after all.

I am giving her my advice, you do not see me harassing other people's experience and opinions and religious views, so please collect yourself. I get to talk from my own position in life, take it for what it is, if you believe it is bad advice then go ahead and block me, but I will not keep quiet because some woman thinks her opinion goes above my own.

I know what I believe, I know what my God wants us to do, and I am here to help.

 
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