Divorce and the ugly things that go with it

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Almost forgot, Jules. Besides lots of prayer and a lawyer, the best advice I can offer you is to change the locks on your home. Check with your lawyer before you do it, because of course the laws there are different. But protect yourself, even if he has always been as gentle as a puppy. You will sleep better at night, really, even if it’s just knowing he can’t come in a take something.
 
Jules,

I’ll be praying for you. My divorce was two years ago. Get some family or friends in there to support you. You need to call in the reserves at this point.

You WILL survive.

It’s OK to fight for the financial things that are yours. A neighbor I didn’t even like much at the time gave me a piece of advice that stuck with me and helped me throughout my divorce. I had told her that I didn’t like the angry person I was becoming and that I wasn’t a person who cared about material things but that was all I had left to get out of the shambles that had been my marriage. She was, I think, very wise. The anger is there to PROTECT you during the worst of it. It’s OK to be angry. You have a right to be angry.

Just remember, later, when it’s over, to work on letting GO of the anger. You can’t let it consume you.

As for fairness…I know this is cliche, but you’re right…it’s NOT fair. You may have to sell that house and buy or rent something cheaper. That’s not fair. You may have to take the kids out of private schools. That’s not fair either. But to go further into debt for a house or school you can’t afford…that just cheats you and your kids even more. There’s a Christian financial guru here in the States that says “if your house is too much for you, it becomes a curse instead of the blessing you wanted it to be”.

#1 priority during this time…your kids and yourself. And yes, hat does mean getting the financial support of their father for the kids. But it might not mean keeping all the stuff. Stuff can become a millstone.

Divorce does have a brutal way of teaching you what’s REALLY important and what you can just let go of because you don’t have the energy to hold onto it anymore. Save your emotional energy for the really important things.

You may find yourself getting sick or ru down. Your body is using a lot of energy on keeping your emotions and psyche intact right now. The physical stuff sort of take second chair. Consider getting counseling for yourself so you can care for the kids and have the strength to do the things you’ll have to do.

You can’t afford NOT to have a lawyer, IMO. It doesn’t have to be super expensive, either…but do get a good lawyer. I don’t have kids, but I was able to pay for my divorce with $3500 US dollars, and my lawyer got me all the “things” I wanted most. That’s a pretty good deal. It’s when people lose their rationality and let hurt feelings take over that the legal process gets expensive. Divorce lawyers make a bundle when two people just go at each other the “get back” for all the hurts. Don’t go there, and you will save yourself a lot of cash.

Most importantly, lean on GOD. He will not let this destroy you. I PROMISE YOU…you will get through this and you and your kids will be OK.

Prayers and hugs,
Cecila, thanks. Saddest thing is, I am not angry. I am overwhelmingly sad. Our marriage is reduced to this.
I have tried to be nothing but civil and accomodating in our communications about our son.
He has been horrible.
I am very very hurt. I wish I could get angry, but if I do, I know I will sin.
I do not want to lose God’s grace and peace because of him.
I have been praying for him every day since this happened.
I don’t like him at all. Sometimes I want to make him hurt like he’s hurting me but I know that is the wrong thing to do.
He is an ill man. I feel sorry for him most of the time. He has lost everything.
About the house, if I lose it, I will never recover financially.
I can pay for it, but just not pay HIM.
I do not see why I should lose something that I had many years before he came along.
 
Cecila, thanks. Saddest thing is, I am not angry. I am overwhelmingly sad. Our marriage is reduced to this.
I have tried to be nothing but civil and accomodating in our communications about our son.
He has been horrible.
I am very very hurt. I wish I could get angry, but if I do, I know I will sin.
I do not want to lose God’s grace and peace because of him.
I have been praying for him every day since this happened.
I don’t like him at all. Sometimes I want to make him hurt like he’s hurting me but I know that is the wrong thing to do.
He is an ill man. I feel sorry for him most of the time. He has lost everything.
About the house, if I lose it, I will never recover financially.
I can pay for it, but just not pay HIM.
I do not see why I should lose something that I had many years before he came along.
Be sad, but don’t be afraid to also be angry if it comes. You know anger is not a sin. It’s an emotion God gave us. It’s the angry actions that can be sins.

I agree you should keep your home if you can afford it. And I really don’t see why you should have to pay him for it since he never paid much, but I don’t know your laws.

It’s very strange…I remember feeling sad, angry, afraid, sorry for him, missing him, all sorts of emotions all at once. I think that’s why it’s so taxing.

You’ll be OK, you’ve got a good head on your shoulders and God will take care of you.
 
I apologize in advance if what I say sounds harsh…but you need to put on some emotional armour and get into battle mode, sister. This man has shown you repeatedly just how capable he is of disappointing you and AND HIS SON. Love is not what motivates him or you would never be in this position.

You know you are the only responsible adult in the lives of these children. You simply MUST work diligently with this attorney and make sure this lout doesn’t drive you from your home or leave you holding the bag for your mutual bills. In addition, HE should be ordered to pay YOU some child support for the baby as he is not housing or caring for the child.

You’ll have all the time in the world to tend to your emotions after the legalities are settled. But the marriage is over and you are on your own with FOUR kids. Get in there, gather and organize your records, cooperate actively with your attorney, start to THINK and strategize for the benefit of the kids–not like some woozy-headed teenager disappointed about a broken relationship. You are the only one who will be looking out for your and the kids interests–make sure he doesn’t make this any harder than it’s already is going to be. You can do this! He’s left you no choice, you have to do this.
Not harsh, reality I guess.
Just feel like it’s so ‘uncatholic’ to look at things this way.
But you’re right.
He is paying child support for our son, has been since we separated Sept '06, so that is not a problem.
I’m just not the vindicitve type he is, but I am assertive and I will not let him walk all over me.

Thanks so much, I do appreciate it!
 
I am in the US, but my advice based on my experience in the US is:

First off, the lawyers are going to want you to sell the house because they want the money from the sale of the house. They plan to drag out the arguments and fights as long as possible to charge about 10,000, then plan to take it from profits of the house. Try to find someone who knows a lawyer who can give you a referral to a lawyer who is willing to ask for attorney fees from your ex. If you have to call 100 lawyers, don’t stop until you find one who is willing to go after your ex for their fees, OR borrow the money and work out a payment plan.

1- Don’t worry about that house, worry about custody of your 2 1/2 year old. Stop worrying about paying for the house because it isn’t going to do you any good and it will cause you to lose focus on what is important. As long as you have primary custody, he will have to pay you child support. He may be willing to negotiate a settlement with you that reduces his child support in return for making no claim to the equity in the house.

2- DO NOT SPEAK to your ex unless it is in writing or through an attorney. You must get a temporary custody plan in place NOW. Do not wait another day. This must happen now.

(You posted as I was typing… looks like you do have some kind of custody agreement in place already.Good)
 
=honeysuckle;3545496]
1- Don’t worry about that house, worry about custody of your 2 1/2 year old. Stop worrying about paying for the house because it isn’t going to do you any good and it will cause you to lose focus on what is important. As long as you have primary custody, he will have to pay you child support. He may be willing to negotiate a settlement with you that reduces his child support in return for making no claim to the equity in the house.
But I have to worry about the house. I have 4 children living here and I am not about to lose it to him! I will fight for it if I have to. He is not on the title so I do not think he has a claim. And I don’t think that he would go so far as to expect me to sell it. It is my security.
I have custody of our son and I doubt very much if he would go for custody. He wouldn’t want that responsibility. And he is paying me child support for our son. I am not sure if child support association would negotiate with what he pays me. They see it as a separate thing, but maybe.
2- DO NOT SPEAK to your ex unless it is in writing or through an attorney. You must get a temporary custody plan in place NOW. Do not wait another day. This must happen now.
I tried to do this, but 3 different lawyers told me that I couldn’t. I am planning on going away and wanted to do this so I could take our son but they said there was no such thing. I am confused
 
Jules,

Where are you hearing that you have to ‘pay him out’?

Is that what he is telling you?
 
Unless you have actually hired a lawyer who is familiar with your case, disregard anything lawyers may have told you up until now.

It is imperative that you actually hire a lawyer now, and it is imperative that you understand lawyers are motivated by money and to take everything they say with a grain of salt until you have built up a trusting relationship with one.

If you were in the US, the following would be true:
  1. It is not true that you must speak to him.
  2. You DON’T have custody of your child unless you have gone to court.
  3. You can negotiate a property settlement, and one bargaining chip for you will be the amount of money he must pay in child support.
  4. You do have to get his name off the house, and if there is a loan in both parties’ names the loan will have to be re-financed. However, whether or not he is entitled to equity is up to the judge.
 
Because you bought the house before you were married to him,( I don’t know about Australia ) And considering you have only been married 3 yrs and you bought it 11 years before you were married. He should have no legal right to it nor should you have to buy him out. Did you put his name on the Deed when you got married? A Lawyer will help you best with this.
 
Jules,

Where are you hearing that you have to ‘pay him out’?

Is that what he is telling you?
He is just saying that he will be getting legal advice about a property settlement.
It panicked me and I rang a few lawyers and them not knowing my history, said it may come to selling the house.
His (name removed by moderator)ut was minimal and I think that he will get very little, if any at all.
But you never know.
I have contacted a lawyer and see him on monday.
 
Because you bought the house before you were married to him,( I don’t know about Australia ) And considering you have only been married 3 yrs and you bought it 11 years before you were married. He should have no legal right to it nor should you have to buy him out. Did you put his name on the Deed when you got married? A Lawyer will help you best with this.
His name is not on the title. It was in my name and we thought about changing it but I’m glad I didn’t.
 
He is just saying that he will be getting legal advice about a property settlement.
It panicked me and I rang a few lawyers and them not knowing my history, said it may come to selling the house.
His (name removed by moderator)ut was minimal and I think that he will get very little, if any at all.
But you never know.
I have contacted a lawyer and see him on monday.
Sounds to me like pure bravado. Try not to worry over the weekend. I have a strong feeling you’ll soon find out he’s full of horse pucky.
 
Jules, I am so sorry that you’re going through all this! :hug1:

I found this site which may be of help with your legal issues:

Community legal centres (CLCs) are independent, non-profit community organisations that provide free legal services to the public”:

naclc.org.au/directory/

I will add my prayers that Our Lord will guard and guide you through this process.
 
His name is not on the title. It was in my name and we thought about changing it but I’m glad I didn’t.
If the house was in your name and you brought it into this very brief marriage, then it probably will be considered yours in the eyes of the law. I’m not sure what property laws are like in Australia, but in Canada, any property you acquire while married to each other, including pensions, savings, stocks, vehicles, trailers, etc., is subject to division during divorce.

In my case, all the financial and material goods we acquired during our 16 year marriage were laid on the table during divorce negotiations, and we had to agree about who got what, etc. I bought the house from the ex, and had to pay out a great deal because of insane house prices here. However, paying rent is equally insane, so I chose to keep the house. The kids are happy because this is more than a house to them. It is their home.

Good luck. I know how wrenching it all is. It is okay to get angry, since anger is just a feeling and is sometimes justified depending on the circumstances. I found I needed to get angry in order to become strong enough to get out of the terrible marital situation I was in. Just so long as you don’t use the anger to become destructive, it is okay to feel it. Anger that is not expressed and denied usually leads to depression, btw.

Can you hire a lawyer who will allow you to budget the amount you have to pay back?
 
Something tells me the laws in Australia, Canada and the US are similar in that they are all based on British Common Law. The judges work mostly for the good of the kids in a divorce. They try to keep things stable for them. My ex sounds like yours, Jules, and has all along. Mine was a “loner” but deep down needed women to feed his ego. And everything he did-- he accused ME of doing it. Told me nothing about myself, but told me everything about what he was up to. He never knew me.

Mine threatened to destroy me and told me he would kick me out on the street (with three young children.) I got the house and the equity in the house and he had to pay child support.

He carted most of the furniture out, which was his before the marriage. I was initially sad, but now I’m glad because I don’t want any reminders of that time in my house really.

Do as little talking with him as you can. It will only drain you. He will blame you because otherwise he would have to take the blame and that would ruin his opinion of himself.

Most lawyers will ask for an amount of money up front. You’ll pay by the hour so they don’t need you to sell your house. As long as they get their fee, they don’t care. A good lawyer will help you keep your house and as much time with the kids as possible.

Don’t be shy about describing the man’s cruelty and distance during your miscarriage and his other bizarre and cold behavior. That kind of thing is leverage in negotiating too.

I’m sad for you because I know how hard and heartbreaking this is. And don’t be surprised if once he can’t have you anymore you suddenly become the world’s most desirable woman. And don’t even try to figure it out. 🤷 It’s craziness. Some people only want what they can’t have.
 
I am amazed and saddened at how so many are going thru this. I happened on the thread title and checked it because my son is beginning the traumatic journey you all have been/are on. He is devastated that the woman he loved so much would come to this in not quite 3 years. So sad I can’t even describe it.
 
Jules, I am so sorry that you’re going through all this! :hug1:

I found this site which may be of help with your legal issues:

Community legal centres (CLCs) are independent, non-profit community organisations that provide free legal services to the public”:

naclc.org.au/directory/

I will add my prayers that Our Lord will guard and guide you through this process.
Thank you. I checked the site and I had rung the ones closest to me. One of them I was unable to access as it seems that my husband is already their client.
Thanks for the prayers
 
If the house was in your name and you brought it into this very brief marriage, then it probably will be considered yours in the eyes of the law. I’m not sure what property laws are like in Australia, but in Canada, any property you acquire while married to each other, including pensions, savings, stocks, vehicles, trailers, etc., is subject to division during divorce.

In my case, all the financial and material goods we acquired during our 16 year marriage were laid on the table during divorce negotiations, and we had to agree about who got what, etc. I bought the house from the ex, and had to pay out a great deal because of insane house prices here. However, paying rent is equally insane, so I chose to keep the house. The kids are happy because this is more than a house to them. It is their home.

Good luck. I know how wrenching it all is. It is okay to get angry, since anger is just a feeling and is sometimes justified depending on the circumstances. I found I needed to get angry in order to become strong enough to get out of the terrible marital situation I was in. Just so long as you don’t use the anger to become destructive, it is okay to feel it. Anger that is not expressed and denied usually leads to depression, btw.

Can you hire a lawyer who will allow you to budget the amount you have to pay back?
This lawyer I am seeing monday is ok with installments. I just feel it is a complete waste of time as I have very little to give him.
The only thing he did in the three years is landscape the backyard and partly build a shed. Most of the renovations were done before he came here.
Very little was aquired together but those things.
 
Something tells me the laws in Australia, Canada and the US are similar in that they are all based on British Common Law. The judges work mostly for the good of the kids in a divorce. They try to keep things stable for them. My ex sounds like yours, Jules, and has all along. Mine was a “loner” but deep down needed women to feed his ego. And everything he did-- he accused ME of doing it. Told me nothing about myself, but told me everything about what he was up to. He never knew me.

Mine threatened to destroy me and told me he would kick me out on the street (with three young children.) I got the house and the equity in the house and he had to pay child support.

He carted most of the furniture out, which was his before the marriage. I was initially sad, but now I’m glad because I don’t want any reminders of that time in my house really.

Do as little talking with him as you can. It will only drain you. He will blame you because otherwise he would have to take the blame and that would ruin his opinion of himself.

Most lawyers will ask for an amount of money up front. You’ll pay by the hour so they don’t need you to sell your house. As long as they get their fee, they don’t care. A good lawyer will help you keep your house and as much time with the kids as possible.

Don’t be shy about describing the man’s cruelty and distance during your miscarriage and his other bizarre and cold behavior. That kind of thing is leverage in negotiating too.

I’m sad for you because I know how hard and heartbreaking this is. And don’t be surprised if once he can’t have you anymore you suddenly become the world’s most desirable woman. And don’t even try to figure it out. 🤷 It’s craziness. Some people only want what they can’t have.
Thank you Liberanosamalo,
You have a lot of insight and I am sure I can learn a great deal from you.
Do you know what kind of things I need to take to the lawyer on Mon?
I assume bank statements and receipts of all monies spent?
Anything else?
 
Something tells me the laws in Australia, Canada and the US are similar in that they are all based on British Common Law. The judges work mostly for the good of the kids in a divorce. They try to keep things stable for them. My ex sounds like yours, Jules, and has all along. Mine was a “loner” but deep down needed women to feed his ego. And everything he did-- he accused ME of doing it. Told me nothing about myself, but told me everything about what he was up to. He never knew me.

Mine threatened to destroy me and told me he would kick me out on the street (with three young children.) I got the house and the equity in the house and he had to pay child support.

He carted most of the furniture out, which was his before the marriage. I was initially sad, but now I’m glad because I don’t want any reminders of that time in my house really.

Do as little talking with him as you can. It will only drain you. He will blame you because otherwise he would have to take the blame and that would ruin his opinion of himself.

Most lawyers will ask for an amount of money up front. You’ll pay by the hour so they don’t need you to sell your house. As long as they get their fee, they don’t care. A good lawyer will help you keep your house and as much time with the kids as possible.

Don’t be shy about describing the man’s cruelty and distance during your miscarriage and his other bizarre and cold behavior. That kind of thing is leverage in negotiating too.

I’m sad for you because I know how hard and heartbreaking this is. And don’t be surprised if once he can’t have you anymore you suddenly become the world’s most desirable woman. And don’t even try to figure it out. 🤷 It’s craziness. Some people only want what they can’t have.
👍 Geat advice, Jules I wouldn’t worry about the house first of all Leberan is correct a good attorney will not want you to sell it. Secondly your husband has NO claim on it none, do not let him scare you. You are in my prayers!
 
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