Sorry Honey, but I think it’s time to get a lawyer. If I were you I would get on a plane and go home. Then I would file for divorce before he has the chance, and do whatever necessary to make sure that my children were well taken care of. He has already stated that his happiness means more to him than anyone elses - INCLUDING his children! This is NOT your fault. A marriage takes two, and it is pretty obvious your husband is not willing to try and make it work.Code:I'm so frustrated with this. I want to go back home but I don't have any family there and don't really know anyone but his family. And he is the one who told us to leave. Then he says due to money reasons we can't go back. At the same time what am I supposed to tell my child when she tells me that she want to go back to her place. So what am I supposed to do. I don't really want to raise our kids by myself but at the same time I don't want us to live in a household that is drowning in lies and deception.
YES!!!Is there a reason why a person should be the first to file for divorce? I mean is there a benefit somehow to being the first to file?
I can speak to my situation, and I have no children. My divorce attorney (we were in Illinois) told me that it wouldn’t matter in my case who filed. He actually told me it was better for my husband to file since he’d have to pay the filing fee to the court (a few hundred dollars). We were dealing with a pretty clear “no fault” situation, which I think is pretty common because it’s hard to prove adultery. No fault can mean no trial, too, which makes it faster and supposedly less painful.Is there a reason why a person should be the first to file for divorce? I mean is there a benefit somehow to being the first to file? I would think it would be best to file for a separation and let the other individual file for divorce if that’s really what they want. A separation is not a divorce, you’re still legally married, and can not marry anyone else, but it protects your rights where money and credit and child visitation are concerned. There’s still the chance of a reconciliation later with a separation, but a divorce is final.
Iris, make sure you talk with a priest about everything you’re going through, and you may want to see a marriage counselor to deal with some of the grief I’m sure you’re feeling right now. You can find one through Catholic Charities for a reduced cost.
What does your family say about your situation? Are they as supportive as you need them to be?
:clapping:Hello, I read the first few posts and skimmed throught the rest of them so I apologize if I say something that someone else did. Here is my opionion…I would get the biggest feminist liberal lawyer in Texas and go after everything he has and is going to have. I would not let that other woman enjoy anything. In fact if Texas laws allow it I would have him pay for you to go back to school and upgrade your education.
Men who cheat on their wives and then need “time to reflect” really need a nice kick in the cojones!

Wow…the differences in all our answers about filing first just goes to show why it’s so important to talk to a lawyer ASAP.Who files first can make a difference, especially if you are not going to be living in the same county or state. Who files first determines which court will be handling the divorce or separation.
When I moved out and went to my parents’ house, I filed for a legal separation from the county my parents lived in, 5 hours to the north. I told my then husband that I was filing, and he avoided being served, filed for divorce himself, and succeeded in having me served with divorce papers for an ex-parte hearing in 48 hours and seeking full custody of the kids with supervised visitation only, saying I had “kidnapped” the kids by going to my parents’ house. So, I had paid a retainer to a lawyer up north who ended up being useless to me, then had to find an attorney down here with almost no notice and had to pay yet another retainer.
For the OP, a lot of women do end up losing custody this way. Fortunately I was able to write my own response to his allegations which I gave to my attorney the morning of the hearing and was able to keep full custody with supervised visitation for him and since I was ordered to stay down here with the kids, the judge ordered a restraining order against him as well as a kick out order that he had to leave the home for us.
I think that you need to think about where you want to live and you need to take steps to be the first to file in that county. Please do not tip your husband off as to what your intentions are, because I think you can already see his own self-interest is the only thing that he is serving. Someone needs to be thinking about what is best for the children.
This is so true because family law varies so much from state to state and even county to county. In comparing notes with my cousin in Texas who is currently going through a divorce, the process is totally different than here in California (and I would say that the way they do things in Texas makes a lot more sense.)Wow…the differences in all our answers about filing first just goes to show why it’s so important to talk to a lawyer ASAP.
I agree. Iris, if you’re worried about his possibly angry reaction (don’t give a second thought to his unhappiness- that doesn’t matter a lick), can you take your father or a brother with you for moral support and bodyguard duty?You and your kids need to go back to your house immediately and stop taking orders from this adulterer. Why should you live in exile because of his sinful ways?
Ah, the excuses that people will give for breaking their marriage vows. It amazes me how people will blame their spouses for their own weaknesses and sins. You did not drive him to this, he chose to do this. Even if he was unhappy, that was no excuse for him to say and do what he did to his family.I emailed my husband and his response was that since we have been married I have been too critical of him, and that I have put to much pressure on him. That he will always love me but not sure if it is the same love he felt when he fell in love with me. And he is still trying to figure things out. He wrote that if we go back soon that he would have to find another place to stay. I’m just so heartbroken, and this marriage just seems hopeless. It would take a miracle for this marriage to be restored.![]()
Hopefully you can talk to a lawyer there. I’m not sure, but I think that I heard that there is no legal separation in Texas. You might have to file for divorce. I also don’t know if there will be any residency requirements for filing there though.I want to thank all of you for your responses. I have contacted a few lawyers here but they weren’t available today so I will try again tomorrow. I did however get a response from a lawyer in Florida and he informed me that I would not be charged for kidnapping because the kids are mine. He also said not to worry about desertion, especially when adultry is involved. I have to call him back on Wednesday to see what my options are. I decided that the kids and I will not be going back to Florida because I at least have my family here and they are very supportive of me. Over there I don’t have anyone.
I emailed my husband and his response was that since we have been married I have been too critical of him, and that I have put to much pressure on him. That he will always love me but not sure if it is the same love he felt when he fell in love with me. And he is still trying to figure things out. He wrote that if we go back soon that he would have to find another place to stay. I’m just so heartbroken, and this marriage just seems hopeless. It would take a miracle for this marriage to be restored.![]()