Divorce - is this possible?

  • Thread starter Thread starter Eliza10
  • Start date Start date
Status
Not open for further replies.
E

Eliza10

Guest
A friend (lives in another state) is divorcing after a 30 year marriage. I hope people here can tell me if they have an idea if what she is concerned about is likely to happen or not.

This matters to me since as I feel for her - she is so alone in this, & I want to give her reason to hope. And I type this with a computer keyboard with letters that are not working (new keyboard is on order) (probably because I eat grapefruit right next to it most mornings.:rolleyes:) including the letter “a” which makes it labor intensive… (therefore the excessive use of @ and &… I have to cut n’ paste each time I need to use it an “a” & other letters). So, you can see this matters to me.

He has always been a first class jerk but the only redeeming thing about him is he has been faithful to her. But now he is not, having left to live nearby with his old high school “sweetheart” who lives on social security disability (fibromyalgia)… He has never been one for steady work; he gets fired from job after job when he picks fights with people or says asinine things. A blowhard who is always right. I remember when she had a 3 month old baby & a toddler & moved from PA to the lowest tip of Texas to take a teaching job to support her family. He stayed home lot of those years, while “poor me”-ing about that, though he did not attempt to find work while he complained. He worked various occasional jobs over the years… Once she put him through college which he failed, so, never getting the certification he was going for. He is actually @ a work-longevity record now, with 5 straight years delivering parts for Autozone or some such place. (Likely he was distracted from the usual antics that get him fired because he was busy avidly pursing, most of these years, getting his paramour to leave her husband & come there from 3 states away, visiting her 4x & having her visit there 4x, all paid for with considerable expense to the tight budget of he & my friend). He has always been a consumer not a saver, fixer or maintainer. My friend has paid all the bills; he uses the leftover always to buy for himself whatever, including heaps of supplies for many hobbies he sets himself up for but never actually does, while she lives in extreme thrift… I think that should give you a good picture of who he is. Good riddance, right?

So my friend filed for divorce last week as she needs to get her budget in order esp. bec. she is facing paying for the badly needed $l0,000 roof - a complete tear-off whc. she cannot get the needed loan for until she gets his name off the house mortgage … & the annual school tax bill just arrived, too. Not things the ex ever had to concern himself with. Her income is not great, as a teacher in a rural area.

Today she hears from HIS lawyer (he likely gets free legal aid for his lawyer, while her little income is just barely over qualifying for that) letting her know she is to appear in court in less than 2 weeks to pay him support & to be prepared to pay $100 a week starting that day!! Yes, so, of course she is upset, & no way to ask anyone if this is possible to happen.

Have you ever heard of a wife paying spousal support when the husband leaves to shack up elsewhere, for no good reason, except this is who he is??

What would you tell her for how likely this is to happen? What do you think?? Her lawyer does not answer phone, not in apparently, & also his secretary is away from office for “family emergency” on this holiday long weekend. What do you think, from what you know, or have ever heard of??. How likely is straying husband (kids now in early 20s & doing fine, self-supporting, in own lives elsewhere) likely to get awarded spousal support??

(As to their home, the lawyer did tell her that she will likely get it as it has a big mortgage left, & soon-to-be ex has about $30K worth of tools that is equal to the house, when you add in the needed roof, so, that seems to not be a concern. She just can’t see how she can make ends meet if she has to pay him support ).
 
I hope she has a good lawyer, but yes, men can get spousal support, too. If she did not take particular care in selecting her attorney, she might want to re-think that immediately. The common wisdom in family law is to find a very good attorney, tell them everything, and then follow their instructions to the letter. I don’t know what it will cost her, but it is penny wise and pound foolish to let frugality be your only guide when selecting attorneys or surgeons. Sometimes, nothing is more important than a professional who will do the job right.

What I would tell her about how likely this is to happen is to listen to her lawyer. I would tell her the same even if she WERE a lawyer herself.
 
Spousal support laws are all gender neutral now, so, yes, a husband can win support. It is also true today that most divorces are “no-fault divorces,” where the court takes no interest in who the “straying spouse” is. Your friend needs to find the best family law attorney that she can in her area, and take his/her advice to protect her interests.
 
Today she hears from HIS lawyer (he likely gets free legal aid for his lawyer, while her little income is just barely over qualifying for that) letting her know she is to appear in court in less than 2 weeks to pay him support & to be prepared to pay $100 a week starting that day!! Yes, so, of course she is upset, & no way to ask anyone if this is possible to happen.

…Her lawyer does not answer phone, not in apparently, & also his secretary is away from office for “family emergency” on this holiday long weekend.
If she has a lawyer of her own and these people live in the United States then his lawyer should be directing his communications to her lawyer. She needs to talk to her lawyer when her lawyer is in, tell him what’s going on and have him deal with it. She also needs to get the best lawyer she can. She should ask some other divorced people and see who’s good. I would not be concerned that the husband gets a “free legal aid” lawyer as often times you get what you pay for when it comes to lawyers.
 
She shoudl call her church or parish immediately and ask of there is an attorney that would agree to give her advice, if not represent her.

My first husband, before killing himself, started that stuff. He was chronically unemployed. 13 years. Meanwhile, I worked 3 jobs to stay afloat. He said we had developed a “custom” of him being a house frau and me being the breadwinner.
The local judge issued a restraining order and then he thought about it, considering that if I went to court and told the WHOLE story, he’d lose bigtime.

He took his life rather than face the courts.

I’ll say a prayer for her.
 
I would think, even after a long time marriage of abuse and neglect, that she might have grounds for annulment. She may also have grounds to counter sue. She needs to get all her papers and documents together, including his work records if possible, to present to a good layer and priest. Just my opinion. Peace.
 
Such a sad story! and people why I recently wrote about recognising Early Dating Red Flags Of An Abuser on my blog

I will be praying for her 😦
 
My dead beat (former) brother-in-law never worked one day during their 15 year marriage. My sister was sole provider and had to pay spousal support when they divorced several years ago. The rest of us think it was almost worth it to get rid of him. 😊
 
I’ll say a prayer for your friend.

I hope that her situation works out. The Lord will be with her.
 
Thnk you everyone for (name removed by moderator)ut & lots of food for thought. Wow, pianistclaire. 😦 This one needs clarification:
My dead beat (former) brother-in-law never worked one day during their 15 year marriage. My sister was sole provider and had to pay spousal support when they divorced several years ago. The rest of us think it was almost worth it to get rid of him. 😊
How could they grant it? On what grounds??
 
Thnk you everyone for (name removed by moderator)ut & lots of food for thought. Wow, pianistclaire. 😦 This one needs clarification:

How could they grant it? On what grounds??
It’s for the lifestyle the person has become accustomed to. Typically there is a time limit (i.e., three years).
 
She shoudl call her church or parish immediately and ask of there is an attorney that would agree to give her advice, if not represent her.

My first husband, before killing himself, started that stuff. He was chronically unemployed. 13 years. Meanwhile, I worked 3 jobs to stay afloat. He said we had developed a “custom” of him being a house frau and me being the breadwinner.
The local judge issued a restraining order and then he thought about it, considering that if I went to court and told the WHOLE story, he’d lose bigtime.

He took his life rather than face the courts.

I’ll say a prayer for her.
Great advice to call the Church .

Payers go with the OP. Legal representation is SO important in a case like this.

Mary.
 
OP, spousal maintenance doesn’t really take into account “fault” as in being a dead-beat who refuses to work. The idea is the that spouse making more money has to maintain the spouse making less at the lifestyle they were accustomed to for a certain amount of time. See Alimony: What Do I Need to Know Before Divorce?

Every case is fact specific and turns on those facts, but there’s a good chance she’ll have to pay spousal maintenance, based on what you’ve told us. Her lawyer will give her a more accurate prediction, based on the facts in her case.
 
OP, spousal maintenance doesn’t really take into account “fault” as in being a dead-beat who refuses to work. The idea is the that spouse making more money has to maintain the spouse making less at the lifestyle they were accustomed to for a certain amount of time. See Alimony: What Do I Need to Know Before Divorce?

Every case is fact specific and turns on those facts, but there’s a good chance she’ll have to pay spousal maintenance, based on what you’ve told us. Her lawyer will give her a more accurate prediction, based on the facts in her case.
Even if a spouse is ABLE to work and simply refuses to?
 
Even if a spouse is ABLE to work and simply refuses to?
Yes. If you marry a “homemaker” and your spouse sacrifices a work history to stay at home while you go out and establish yourself in a salaried career, you apparently establish that as that spouse’s agreed-upon role in life. The ex-spouse gets a readjustment period. How long your ex-spouse has to re-adjust to the new normal, I do not know. After a long marriage, though…I think the typical length of support is for no longer than half the length of the marriage? 🤷

Having said that, I think a court will typically expect a stay-at-home ex-spouse to be self-supporting eventually.

I’d get a good lawyer. This is a very bad area for amateur guessing and hoping. What is typical makes no difference, after all. The only thing that will matter to the OP’s friend is the judgment she gets, not the judgment anyone else got.
 
Yes. If you marry a “homemaker” and your spouse sacrifices a work history to stay at home while you go out and establish yourself in a salaried career, you apparently establish that as that spouse’s agreed-upon role in life. The ex-spouse gets a readjustment period. How long your ex-spouse has to re-adjust to the new normal, I do not know. After a long marriage, though…I think the typical length of support is for no longer than half the length of the marriage? 🤷

Having said that, I think a court will typically expect a stay-at-home ex-spouse to be self-supporting eventually.

I’d get a good lawyer. This is a very bad area for amateur guessing and hoping. What is typical makes no difference, after all. The only thing that will matter to the OP’s friend is the judgment she gets, not the judgment anyone else got.
That rationale for spousal support makes some sense so long as the one seeking support did in fact fill a role on a mutually agreed basis, and was not simply a layabout taking advantage of the other. What is the good spouse to do when the other adopts layabout behaviours? Write them a disapproving letter and leave a copy with an attorney? 🤷
 
That rationale for spousal support makes some sense so long as the one seeking support did in fact fill a role on a mutually agreed basis, and was not simply a layabout taking advantage of the other. What is the good spouse to do when the other adopts layabout behaviours? Write them a disapproving letter and leave a copy with an attorney? 🤷
Exactly. When I was married, I fully expected him to be able to keep a job, and also seek a job after he got let go. He was offered several jobs, which he thought were beneath him.
I would not have expected a judge to rule for spousal support when clearly there was no “agreement”. It just happened that way. I worked THREE jobs to keep the roof over my children’s heads. That certainly was not part of any “agreement”. I was afraid of him. That was the only reason he still lived in the house.

Thank goodness it’s over now. I have a wonderful husband who loves my daughters, but they suffered greatly in the past
 
Update: Turns out her lawyer is on vacation til Monday, so, a whole week of wondering. Hopefully it won’t be too far into Monday that she hears from him. Patience is hard during the grueling process of divorce. So many unknowns and shocking turns of events that threaten one’s future that one would naturally very much worry about…

Meanwhile, another issue is she doesn’t drive (long story) but she does have a car registered in her name, and she signed up for 6 driving lessons from the local driving school. She had her first lesson today. She was very, very nervous. However, she knows few, if any at all, people that could help her on a regular basis to practice what she learns in these lessons, til she gets it down.

So, this evening I called a person I found in the online church bulletin page from her town’s Catholic Church (my friend believes in God, and went to a Presbyterian Church growing up, but has not been to church much, if at all, as an adult) and I have a really good feeling that the woman I talked to (there were a few possible persons, heads of various groups and ministries in the church, with their phone numbers, in the bulletin that I might call, and I prayed about it at Adoration today just before I called) will be able to, as I requested after I explained the situation, find someone from her church willing to come to my friend’s house, regularly, for a short while, to sit as a licensed driver in her car with her, and advise while she practices. This dear lady made me feel very hopeful that she might really try to find someone who would do this. Most assuring was her statement that she knows a lot of people! She will get back to me. Please send up a prayer for a just-right, kind & helpful volunteer, soon, if you are reading this! Thank you!
 
Yes. If you marry a “homemaker” and your spouse sacrifices a work history to stay at home while you go out and establish yourself in a salaried career, you apparently establish that as that spouse’s agreed-upon role in life. The ex-spouse gets a readjustment period. How long your ex-spouse has to re-adjust to the new normal, I do not know. After a long marriage, though…I think the typical length of support is for no longer than half the length of the marriage? 🤷

Having said that, I think a court will typically expect a stay-at-home ex-spouse to be self-supporting eventually.

I’d get a good lawyer. This is a very bad area for amateur guessing and hoping. What is typical makes no difference, after all. The only thing that will matter to the OP’s friend is the judgment she gets, not the judgment anyone else got.
I think EasterJoy is 100% on track here with the right answer. My understanding of the law (and I’m not a family law attorney, so I very well could be wrong) is that choosing not to work doesn’t come into play in the initial analysis of setting up alimony, but it will come into play afterwards in the analysis of how long it should continue. The article I linked listed this one of the conditions that can end alimony:

“a judge determines that after a reasonable period of time, your spouse has not made a sufficient effort to become at least partially self-supporting”
 
That rationale for spousal support makes some sense so long as the one seeking support did in fact fill a role on a mutually agreed basis, and was not simply a layabout taking advantage of the other. What is the good spouse to do when the other adopts layabout behaviours? Write them a disapproving letter and leave a copy with an attorney? 🤷
Exactly. She never asked him not to work. Although, the last 5 years he has worked 40 hours/week at minimum wage which is sort of a record for him. But his new girlfriend’s income of SS disability is not as much as his wife’s modest teaching salary, and he is feeling the pinch, as he “complained” to her that when they go to the bar they can only afford one beer…

Easterjoy, a good lawyer is a good idea. She has one but he is on vacation. She has no complaints about him at this time so I guess he is good. It is a small rural town. Big enough for a Walmart but not a lot else…
Exactly. When I was married, I fully expected him to be able to keep a job, and also seek a job after he got let go. He was offered several jobs, which he thought were beneath him.
I would not have expected a judge to rule for spousal support when clearly there was no “agreement”. It just happened that way. I worked THREE jobs to keep the roof over my children’s heads. That certainly was not part of any “agreement”. I was afraid of him. That was the only reason he still lived in the house.

Thank goodness it’s over now. I have a wonderful husband who loves my daughters, but they suffered greatly in the past
I am glad for you pianistclare. God was good to find you and your daughters to find you a wonderful husband! I have hope in my heart today that my friend will find a good, decent, God-fearing, church-going man!
 
Status
Not open for further replies.
Back
Top