She has refused marriage counseling, does not want to meet with our priest, and is not listening to her best friend or family, even her uncle who is a mental health professional. She does not love me and refuses to focus on the marriage. She wants to divorce, saying she will be a better mother if I’m not around. She has isolated herself from our previous social circle of friends from the kid’s school and church. She does not have the social connections I have from work, as she has not wanted to work, making her even more isolated. Now that baseball season is over, she cannot distract herself from her unhappiness. I don’t know if she is corresponding with her “friends”, but I know that one of the reasons she would meet (over dinner) with one of them was to discuss her options. She has chosen to end the marriage and is just mulling over whether to go the mediation route or the confrontational approach. I don’t know if she can control her emotions enough to not use lawyers, and she may be debating that herself.
I’ve done all I can to save this marriage. I even met with our bishop, but she refuses to see him. I’ve gone to therapy to try to gain insight and to help me be a better person. I’ve gone to confession, recognizing my role in all of this. Nothing is working. I will wait until after the holidays, but if by then she hasn’t filed for divorce, then I will.
Listen to what styrgwillidar has to say, and keep your eye on the ball. Letting your wife abandon you by leading you through a divorce by the nose won’t necessarily protect your children. Defending yourself well against her whims will not necessarily lower the admittedly small chance that you can still patch things up, either. Honestly, it is just as likely as not that she will come to her senses because she realizes you are not simply going to roll over to her fantasy. At any rate, if she is bent on leaving the marriage, then you have to be bent on doing what is best for your children. That “best” is unlikely to be an unlimited amount of time with her. It may or may not involve filing yourself. If that is your motivation for filing, or the realization that you are going to lose your ability to live safely and peacably with her if something doesn’t give, then I think you are on the side of right.
The use of lawyers is probably far more in your interest and in the interest of your children than it is in her interest. I think it safe to say that she will be looking for the route that is best for her personally, and if it is best for you, that would be a very lucky coincidence for you. Do not trust her to decide how to proceed legally. Get your own professional legal help to sort that out, and do not spare the ponies or the expense.
If you are right and the common life of your marriage cannot be saved, then at this point your duty shifts to protecting your parental rights. Get yourself the best lawyer you can find–the best at representing fathers–and find out what (if anything) it will do to your chances of gaining custody of the children if you file before she does. Considering what she is telling herself about you, I would not trust her or her judgement with the parenting responsibilities or how important your presence is to your children. You need to know what you need to document, what you need to do or avoid doing, and so on. Courts decide on their own terms, and you need to know what those terms are. Otherwise, she will leave you with what she feels like leaving you, including the amount of time and the kind of time with your children than she feels like leaving you. That is not going to be what is best for them.
It is not fair that you are the one left being sane about this, but your children need *someone *to be sane, and it isn’t going to be her. This is an investment of time and money that could pay dividends in your relationship with your children for the rest of your life! Do not stint on it. Make finding a very good lawyer an immediate priority for yourself…put it on today’s to do list, be diligent in your search, and don’t rest until you have seen to it. Then steel yourself to do whatever he or she advises, even if that means staying in the family home for as long as it is legally possible.
Keep your eye on the ball. She is not just leaving you. She is trying to take your children away from you, and your home. If leaving is necessary for their welfare, of course do that, but don’t let her win by attrition. Don’t take her word for anything. You can do this, and your children need you to do whatever you can. Be faithful to them, as their father.
If you gain full custody, how can you take care of them yourself? If, God forbid, your wife died today, you would figure it out. If you get custody, you’ll figure it out. Get a good lawyer, see how things work out, and know that you are capable of being faithful, whatever happens.