TTMU, I can't leave. I cannot legally pack up my kids and move them to a new home (not that I have a dime to do that with even if it was legally possible), nor can I kick my husband out of his home. There are requirements you must meet to even file, none of which I meet at the moment.
Cheating would have worked, but because he led me to believe true R was possible, we've had sex since discovery, so in the eyes of the law, I've 'forgiven' him and 'condoned' the behavior and can no longer use that. While I say he's abusive (and they now allow mental/emotional abuse to count as abuse, it's beyond difficult to prove and actually use as grounds to file, much less kick them out. We don't have legal separation here, just Limited Divorce and the requirements for that are even more stringent. To file for even that, I have to have been separated for 1 year, but I can't leave and take my kids, so I'm forced to live our 1 year of separation in the same home.
For that (LD) I have 2 options:
1) Tell him my intentions (Openly state, preferably in writing, that I have moved out of the marital bed, no more sex, minimal interaction, no cooking for him, or buying his groceries or driving together to soccer, for the express purpose of filing for divorce after two years/Limited Divorce after one year.). Awesome right? I'm sure my emotionally/mentally PA abusive husband who blames all of life's problems on me will take that well, not to mention, OMG my poor little boys living this hell for one year?!
2) NOT openly tell him my intentions for doing all of that for one year and then file for a LD. Unlike him, I'm not a very good liar so this would never happen, I could not play that mind f*ck game for a whole year. And if I did, it could hurt me TERRIBLY when it comes to spousal support. The don't give a hoot who did what as far as the divorce, but they DO take infidelity, abuse and desertion into account when determining SS. IF I had had a clue (God why didn't I see an attorney years ago?!?) I would have known not to have sex with him, and I would have made out better in SS because he cheated! Flip side? Constructive Desertion: Willful refusal of sex, without just cause and nonperformance of other marital duties as to practically destroy the home life. The denial of sex alone does not constitute desertion. The spouse also has to stop carrying out the mutual responsibilities of the marital relationship. if I don't inform him of exactly why I'm 'willfully refusing sex' (which thanks to condoning the infidelity I no longer have just cause) and have 'stopped carrying out the mutual responsibilities of the marital relationship, he can counter that I am guilty of Constructive Desertion, which can SCREW me on SS!
Basically, this damn state has me between a rock and a hard place, choosing between 4 evils. I can leave without my kids, stay and suck it up, inform him and be abused, lie and get screwed.
Look, I'd love to live in fantasy land where money doesn't matter a bit, but the reality is I'm only 37 years old and I need to take care of myself and 4 little boys for a very long time. I was a single mother with my oldest (now 19 and moved out), I KNOW the realities. That was hard, but it was one child, I had a job, no debt, was young and hard working and motivate as hell, we didn't have a charmed life, but we made due, weren't abused, and basically happy. Now? I haven't worked in almost 9 years and have ZERO chance of scoring a job that would cover even child care. I HAVE to get enough from the divorce in the form of SS to cover monthly bills AND help cover child care while I either rebuild my resume with a job/jobs and/or put me through school so I can provide for all of us when the SS stops. We are buried in debt and under water in our house, so we'll walk away filing B; SS is all I have to work with, I can't risk messing that up.
We could of course draw up a SA, go our separate ways for 1 year and file, this is what I want to do, but he doesn't agree! Unfortunately, not all WS/FWS agree with this statement:
But if life is that bad in your M, no WS wants their BS to stick around because they can't afford to leave
It's like you said, that quote applies to the healthy ones...but if I was married to a healthy one, I wouldn't want to leave
The laws make this already horrific situation almost impossible to overcome.
Didn't mean to t/j, jeez I can be long winded, lol.
I don't think $ factors too much in whether someone chooses D over M, but it can play a huge part in when and how someone chooses to leave. For me, it might mean I could take my kids and move out. It would allow me to do so in such a way that it would make it very difficult for my H to claim desertion or come after me in a custody hearing for 'interfering with his relationship with them'/child kidnapping. How messed up that we're forced to deal with this sordid crap because they can't own their sh*t and won't let us move on!
Thinking I need to start buying some Powerballs, winning wouldn't solve my problems but it sure wouldn't hurt either