I divorced my XH in 1992-93 and NEVER once involved the courts. As for custody, I was awarded primary physical custody with him liberal visitation. Not ordered by a judge, but something we both agreed to, and this is what was drawn up by the lawyer. In reality, though, I think it was as close to joint custody as you could ever get. I let him have the kids almost every weekend, and he got them during a lot of vacations. I remained flexible and we never had even one of those arguments about who gets the kids when. The kids are all grown and doing well on their own now.
When they were in school, they used to tell me they appreciated the fact that even though their parents were divorced, we did not put them through the hell all their freinds from broken homes seemed to go through, with the parents constantly fighting over custody, child support, money, and such issues.
We agreed to the amount of CS he would pay (considerably lower than what the state would order according to their formula at the time). Against my lawyer's advice, I asked for no alimony even though I was left as a single mother with three young kids. He did have to pay our house mortgage though (until I either remarried or the youngest turned 18...I remarried in 1995 and gave him back the house) so I guess that was a form of alimony.
He did pay the agreed upon amount faithfully throughout the entire time. He also knew if he did not, I had the power to take him to court at any time.
Anyway, my X also did not spend much time with our kids when we were married. He was a truck driver. On the rare times he was actually "home" he was working on trucks or doing something else, not home spending time with family. This was part of my final decision to go ahead and divorce, as our kids were a huge consideration. I thought, what difference will this make? He never spends any time with them anyway.
But you never know how these things will go. I can honestly say my XH became a better parent after we divorced. He had the kids almost every weekend, and did spend time with them on those weekends.
Once in awhile I come in this forum and talk briefly about my experiences. I have not yet met even one other person who agreed with my stance that it was better for the kids to "get along" than to haul him to court because I didn't think he was paying enough. As far as money, I felt it more important they had a roof over their head, the basic necessities, clothes, etc, and food to eat. I feel my XH was fairly generous with the kids on his weekends and I sense this would not have been the case if I squeezed as much money out of him as I could have for CS.
I know there are lawyers likely reading this and they won't like my stance here but I don't see most lawyers as truly having the kids's best interest in mind, encouraging people to get along, etc. The first one I approached absolutely would not hear me when I said I didn't want alimony and wanted to make it as painless as possible since he was my children's father.
The one I went with agreed to do whatever I wanted, but advised against many of the things I wanted.
I have some friends who basically told me they were going to "go easy" on their ex when they divorced but then when the lawyer got to talking to them, they changed their mind. I have one friend in particular, who has four grown chidren. She waited to D him until the youngest was a senior in high school. CS was not going to be much of an issue but I think she wanted him to help with college for the youngest. She was going to leave him the home, which his family had given them when they married years earlier. She did not realize she would have any legal right to that home, apparently.
Well, the lawyer "enlightened her" that she could take half or more of the value of that home, and guess what? Her XH had to borrow a huge amount of money to keep his home.
Perhaps that is only fair, but the price this woman paid was none of her four grown children speak to her any more! One recently got married and she was not invited to the wedding.
Money and fairness in splitting marital assets has NEVER been worth much to me as compared to having happy healthy children who get along with both parents.
I should add here that I realize this takes some cooperation of BOTH parents and I know that not everybody could have my situation even if they tried. I know some non-custodial parents would do anything to try to get out of paying anything at all. I am not talking about such cases, but whenever there is a chance for compromise, getting along, etc., that would be what I would recommend.
[This message edited by Bobbi_sue at 7:49 AM, June 14th (Friday)]