Part 5 - The legal crap
I get a sitter to cover the appointment with the lawyers, WH doesn’t even know I’m going., to explore my options. I tell them my situation, and they say in their experience when they confess to X number of instances of infidelity it is usually twice that amount. They are glad we don’t own any property, as it makes any potential scenario easier. They are concerned that the bulk of our money is in a joint account, and that I don’t have any cash in my name only. They are also concerned some of the bigger debts are in my name (because I had better credit at the time). I tell them about finding the photos via mobile spyware, and they are worried because it most likely violates privacy laws in our state even though the cell phone account is in my name. They tell me they will check on this with a criminal lawyer to confirm.
They tell me because of my age (early 40s) and education (MBA), even though I put him through law school and then haven’t worked full time in six years since having children, that best case scenario I could get maybe $1000/mo (EDIT: for 30 months, not life) in alimony, probably less even if I could prove his guilt. They told me child support for our three kids would likely be in the neighborhood of $2100/mo. Both figures highly dependent on the judge we get in either case. That any law firm should be giving me (or my WH) the same approximate estimates. My WH currently makes six figures (recent development), and if I were to look for work today, I would be lucky to get *any* job in the low 20s with benefits. We have amassed a large amount of debt from WH being laid off three times in the past six years, and I was legally liable for half with the exception of his law school loans. So this was a blow.
I know many would look at these numbers and say, well, that’s more than enough to live on, why are you complaining, you ungrateful toad LOL. Fair enough. But these numbers are best case scenarios, meaning I may not get them. Heck, I might not get anything from him, and it could take months for me to get a job that paid more than the cost of daycare for me to have employment to sustain myself. Remember I just moved cross country and have no family or support here, so I would have to pay for any childcare. Also it takes time to get set up via the courts, as many can attest here, so I could be without any income for him for months even if I was awarded anything.
Up until this point, my WH and I planned our whole lives, every move around me being home with the kids while they were small and him getting this high-paying job so we could pay off our massive debts quickly and retire without worry. We were finally in the phase the debts were actually getting smaller at a rapid pace. I never considered the plan could leave me with half the debts and way less than half his income to pay them, maybe NONE of his income, on top of regular living expenses. That HE could be the one to screw it all up and still give me the short end of the stick. That is the blow, the injustice of it all, not the actual numbers or maybe having to start all over from nothing. Remember on D day, I was ready to kick him out, take the kids back to Texas, and live with my parents or his mother and start all over. I still am if needed. That’s what I have the $5k in the bank in my name only for.
To be fair, WH had agreed to assume *all* debts if we D and he would never allow me or the kids to be in dire straits. But honestly what good is that promise to me, when he also promised to be faithful to me in front of God, a preacher, our parents, and 150 of our friends and family on our wedding day? It means nothing if not in a legally binding document.
I asked the lawyer about a post-nup. Told them WH thought it was some simple sort of document that should be inexpensive. They said all lawyers outside of family law think that, but in actuality it is quite complicated. It is essentially doing all the legwork and paperwork of a divorce but not having to deal with a judge, only negotiating an agreement between the two parties. That papers and such have to be filed appropriately so that, for example, I would in fact get my share of the pension when he died if that was in the agreement, etc. He said that no reputable lawyer would represent both of us, but if WH wanted to represent himself to save money that would be fine. It would run about $5k on average to do this, more if the estate was complicated or there was a lot of haggling (times two if he got his own lawyer to represent him). He also suggested we employ a different lawyer to update our estate planning and wills at the same time to reflect the post-nup agreement, and he would be happy to refer some.
Then I asked about custody. That there shouldn’t be any fight for the kids, we could work it out easily, but what would happen if I wanted to take them back to Texas. Well, as it turns out it is good I didn’t just stay in Texas with the kids, I could have been charged with felony kidnapping if WH wanted to. I don’t think that he would have, but the fact that he *could* have rattled me. I can go through the procedure to request this, but I could get denied, it happens. Then he said that the problem with changing states is usually the spouse that leaves gets the short end of the stick. They lose the kids every Christmas and summer, and have to pay the bulk of the transportation costs for the privilege of living elsewhere than our state. He said if I really wanted to take the kids back to Texas, I should get D in Texas. Like get a job there and take the kids there with DH’s blessing, get residency there and file for D there.
This was a big blow too. I have only lived here a year and don’t have a real support system in place. If I were to go back to Texas, I’d have my parents and MIL to lean on for support and childcare, in addition to all our old neighbors and friends. Going on my own here, with no support, in an area that has been hit harder in the economy than most areas of the US, would be very very difficult. Now, again, to be fair WH had said if I wanted to go back there with the kids, I could, and he would fly there every other weekend to limit their trips up here, as it is difficult and expensive to fly three young kids anywhere and he would want to see them that frequently. But again, how can I trust his word at this point? I have to assume what I am legally entitled to over anything he promises me.
So I left with a packet of info to collect in the event of post nup or D, a promise of a followup call for the mobile stuff legality and estate planning referrals, and a big sinking feeling I was SCREWED.
[This message edited by hathnofury at 4:33 PM, October 30th (Sunday)]