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Post by bballgirl on Jun 14, 2016 9:59:10 GMT -5
DryCreek and bballgirl - I can ask my lawyer tomorrow about that but in the interest of saving time, can you explain the benefits of filing contested here? Would he have to answer or it's "good to go"? Yes he has to answer within 20 business days from when he was served. Then after that both sides have 45 days to submit a financial affidavit. If he is avoidant and buries his head in the sand the process will drive itself.
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Post by bballgirl on Jun 14, 2016 10:15:55 GMT -5
I just read your post. Great job JMX !! Way to be firm and speak the truth. Mrs. Doubtfire is very meaningful to your situation.
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Post by Deleted on Jun 14, 2016 10:56:03 GMT -5
@creelunion - thanks! What struck me about Mrs. Doubtfire was he would do anything for his children. I, sadly, don't believe that aboutu my STBX. He loves them and spends time with them, but he doesn't live and breathe for them. He sometimes has to be coaxed off the XBOX to give them attention. Oh well. I have to say that my wife would say something similar, but not about the XBox. She would say that I love doing things with the kids as long as it's something I like doing. For her, she would sometimes say my work gets in the way of the kids. I'm human. It's easier for me to go dirt biking, fishing, or playing sports than going horseback riding or fingernail painting. But I do try -- once shamed into it, unfortunately. In fact, one of the things my kids are frequently trying to get me to do is play XBox. They love getting me into a game of COD Black Ops so they can shoot me like a fish in a barrel. It's high humor to them, but terribly frustrating for me. Funny, in an attempt to enjoy that more, I told my daughter to train me for an hour. Walk me around the map and show me the moves. Then after a couple hours I was killing her, and the fun was over. WTH!! Please continue to gently encourage your husband in that regard. It may seem to fall on deaf ears, but it does have an effect over time. It's called leadership. Your husband has abdicated this responsibility, so it is incumbent on you to help him step up and do it. He'll have to do that once you're gone -- from the marriage -- or he WILL lose the thing most important to him.
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Post by Deleted on Jun 14, 2016 11:00:27 GMT -5
If he doesn't like the custody arrangement, you should suggest he dress up like a 60 year old English woman and become your nanny/house keeper.
"No dear, the red dress screams harlot, really. I like this nice black one."
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Post by DryCreek on Jun 14, 2016 11:01:19 GMT -5
DryCreek and bballgirl - I can ask my lawyer tomorrow about that but in the interest of saving time, can you explain the benefits of filing contested here? Would he have to answer or it's "good to go"? I'll defer to BBG as authoritative here, but my take is uncontested means "we want to divorce, and we'll negotiate the terms first", where contested is "these are my demands, and if he doesn't counter then it's a done deal". I recall in BBG's case he let it default, so it was done quick. Under no circumstances would I send any docs to BIL. If H is not a big enough boy to get his own advice, you would just be creating headaches for yourself. Even if you're not out for revenge, more opinions is likely to add complexity not simplify.
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Post by JMX on Jun 14, 2016 11:15:55 GMT -5
@creelunion - he does some things. He does love the kids, but I would not say they were the most important thing to him. But that may be because of his mental health issues, truly. I am okay when he plays some video games with them, it's kind of cute - but when he is embroiled in an 8 hour game fest on a weekend day without the kids, well, it's tantamount to ignoring them completely on a day when he should be most engaged with them. I would have jumped for joy if he expressed his love for them by getting tangled up in work - at least that would be providing for them. Instead of working hard for them or playing games with them, you may even find him watching endless videos of million dollar sailboats or yachts - for 8 hours.
In Mrs. Doubtfire, Daniel was a messy, fun-loving dad that wanted more time to "play" with his children through divorce. He figured out a way to be present in their lives and made everyone better for it. My husband is not that person. He prefers alone time, away from me, and away from the kids.
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Post by JMX on Jun 14, 2016 11:36:10 GMT -5
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Post by bballgirl on Jun 14, 2016 11:59:11 GMT -5
DryCreek and bballgirl - I can ask my lawyer tomorrow about that but in the interest of saving time, can you explain the benefits of filing contested here? Would he have to answer or it's "good to go"? I'll defer to BBG as authoritative here, but my take is uncontested means "we want to divorce, and we'll negotiate the terms first", where contested is "these are my demands, and if he doesn't counter then it's a done deal". I recall in BBG's case he let it default, so it was done quick. Under no circumstances would I send any docs to BIL. If H is not a big enough boy to get his own advice, you would just be creating headaches for yourself. Even if you're not out for revenge, more opinions is likely to add complexity not simplify. That about sums it up but the biggest most important difference is it forces their hand to respond and I didn't know if he would because of his typical avoidant behavior. If I went the uncontested route I have to wait for him to respond because he's not served. That would have taken months he would have never signed for the divorce. He actually did respond right away. His morher's sister works for a prominent attorney in my area. So he had a free attorney. It was worth the $1000 up front because if I paid the uncontested amount I would have had to start over and pay the contested amount on top of it. So I went balls to the walls, had him served and after an emotional week he came to his senses and realized the inevitable and to do it as amicable as possible was what was in the best interests of the kids.
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Post by JMX on Jun 14, 2016 12:26:16 GMT -5
bballgirl - did you have him served at work or did you just serve him yourself?
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Post by nyartgal on Jun 14, 2016 12:36:00 GMT -5
Well done!! You totally got this.
Your story reminds me so much of what I went through with my ex who was also depressed, passive aggressive, self sabotaging, and addicted to video games. We filed in NY which is a no-fault state and he dragged it out as long as possible, not responding to things from my lawyer and not signing the final papers for a month or two. You might google "divorcing the passive aggressive spouse" so you can be prepared for what may be yet to come.
Sorry to all the video game fans out there, but I think it's beyond fucked up to let your children play first person shooter games, or any super violent games, whether it's with you or without you. Does anyone read the news? Why on earth is this kind of senseless violence something you would model for your kids or promote in any way?
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Post by bballgirl on Jun 14, 2016 12:39:36 GMT -5
bballgirl - did you have him served at work or did you just serve him yourself? You can't do it yourself. It has to be through the court and that felt like the longest time in the process. I requested that they serve him at the house when I knew he would be there before work. Another option was for my husband to allow me to give the attorney his cell number so the process server could call him and meet him somewhere but he wouldn't agree or give me that permission. The process server has to serve him and that gets recorded with the court because after that the clock is running and it's game on.
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Post by JMX on Jun 14, 2016 12:43:25 GMT -5
nyartgal - I will definitely look that up. Fwiw - I do allow them to play Minecraft.
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Post by Deleted on Jun 14, 2016 13:33:49 GMT -5
You are my shero of the week, again, JMX. I admire how incredibly patient and gracious you have been throughout the process. The big countdown has begun. Keep your chin up! However, I am utterly disgusted by h's complete lack of basic respect for the family - at least read the damn papers! Avoiding "unpleasant" tasks does not make them go away. It's just sad to see that he thinks he can still manipulate things to go his way. The awakening will be rude and quite jarring.
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Post by JMX on Jun 14, 2016 13:36:08 GMT -5
Thanks @zumbamami - he is passive aggressive. Shrug. I feel sorry for him because he lacks insight and introspection, but it is not my problem.
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Post by Deleted on Jun 14, 2016 13:53:59 GMT -5
Sometimes we just need to let people we care about fall on their faces, JMX. You've been carrying him for far too long. Time to lighten the load.
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