Divorce, What Now?

@mfrancq (1806)
United States
January 8, 2007 7:32pm CST
My husband and I have met our ends and I have decided to move out and get a divorce. I am afraid because we have a nine month old son and I do not want to lose him in this process. What are my options? This is an environment that is not safe for my son, nor for me. I don't know what to do so any advice would really help. Thank you.
2 people like this
13 responses
• United States
9 Jan 07
I am awfully sorry to hear this. It will be a difficult adjustment for you and your child. Is there no way you both can work things out? There is no way you will loose your child, unless your husband prooves you are unfit, and he can take better care of him. Good luck dear. Try to patch things up if any way possible.
1 person likes this
@mfrancq (1806)
• United States
9 Jan 07
I have been trying for the past year to work things out and I just can't do it anymore. I feel like I'm in this relationship alone. I don't think he could get custody anyways because he travels so much for his job. Like right now, he is gone for two weeks. Someone told me to go get custody papers before I leave the house, that way he can't take our son. His temper gets really bad, and I can already see it affecting the baby. He is not the type of man that will even consider counseling of any sort.
• United States
9 Jan 07
I feel very bad for you. I had a bad marriage the first time. It was very hard for me. I can only wish you the best, and hope that everything will work out the way you want it too. Many blessings honey.
1 person likes this
@mfrancq (1806)
• United States
25 Jan 07
Thank you so much for your support and advice, it has really helped me.
• United States
9 Jan 07
Courts tend to favor the mother in most custody cases as long as you have a place to live and a decent job you are already ahead of the game. If he does fight you for custody it is good to have kept up with any records of domestic disturbance calls made to the police or any other background he may have with the law, I wish you best of luck.
1 person likes this
@mfrancq (1806)
• United States
9 Jan 07
This is my problem. I have no money at the current time, therefore I would have to live with a family member until I save enough to get my own place. And even then, my husband has asked me to stay home instead of working which I have done for the past year. He is out of town right now so he doesn't know that I had a job interview this morning to get back into medical coding and billing. The interview went well and I passed all my testing. She set up my second interview for wednesday and if that goes well she says I will be hired. The pay rate is $17.00 per hour so I should be able to save up enough to get my own place in a month or so.
• United States
9 Jan 07
I am proud of you for going out and making it happen. Too many women just sit back and let what ever comes come. You will do well in what ever you choose I can tell you are ambitious and independent. Staying with family is a means to an end and it will get you where you need to be. Again good Luck.....:)
1 person likes this
@mfrancq (1806)
• United States
25 Jan 07
Thank you so much for your support and advice. I truly do appreciate it. I found an apartment this week, I move in March first. That gives me a little time to save up some money.
• United States
9 Jan 07
Like the first person said...the courts usually favor mothers in cases like this especially if you feel it is unsafe for you and your son. My best wishes to you on this and just remember to try and stay strong, you will get past this *hugs*
1 person likes this
@mfrancq (1806)
• United States
9 Jan 07
My husband has never been physical, however, he does have a bad temper and throws things around the house when he is angry. There was a time he threw his shoes across the living room because he got mad he tripped on them. They hit a picture which went straight for our nine month old, but missed. That was the last straw for me. Today he got mad at me before leaving town for two weeks and decided since I made him mad he wasn't going to say goodbye to our son or hug him. My son started screaming and crying after he left. How could he just walk out for two weeks without hugging his son? It broke my heart. It's not our nine month old's fault and should never be taken out on him.
1 person likes this
• United States
9 Jan 07
I am sorry to hear he reacted that way some people are vendictive. He knew that it would bother you to see your son upset. It really sounds like you are doing the right thing about leaving.
2 people like this
• United States
9 Jan 07
I went threw the divorce process once and it's not easy. You really have to get a lawyer involved. You shouldn't lose your son. Most judges side with the mother. You may have to share custody unless there is something your husband has done wrong and you if you can prove it would harm your child. Joint custody really bites but at least you have the physical custody. My girls where 2 and 4 when I went through my divorce, my ex tried to take my rights away. Didn't work because he was a violent man. He did get joint custody with me so he had them everyother weekend. No holidays. He never spent the holidays with family so he didn't get to have them then. Just keep your chin up and everything will work out. Good Luck.
@mfrancq (1806)
• United States
9 Jan 07
I can't really afford a lawyer but there is Kansas Legal Aid which doesn't ask for anything up front but a portion of what you get from the case. My husband is in a situation where he knows if I leave he won't get custody since he travels so much on his job and he loves that job so much he won't ever leave it. This is actually one of our problems. I don't like being alone constantly, or seeing our son grow up without him here. I feel that if he isn't going to be here anyways, then what would the difference be if I left?
@Trace86 (5030)
• United States
9 Jan 07
Have you thought about counseling? Or suggested anger management classes for him? Also, I think there is some prejudice against the one who leaves the house. I wish you the best of luck and I know you will do what's best for you and your son.
@mfrancq (1806)
• United States
9 Jan 07
Yeah, I suggested anger management and counseling. This caused another temper tantrum. I ended up leaving the house for a couple hours with our son to let him cool off. I don't think they will hold me leaving the house against me if I can prove that he has an anger problem, which won't be hard. Thanks for the comment.
1 person likes this
@freesoul (3021)
• Egypt
9 Jan 07
I'm really sorry to hear that, I'm afraid I can't be of much help here but I wish there's still a way for you both work things out, divorce will be hard on the kid and maybe for both of you too. I'm sure you would know better but if your husband not physically abusive as you said there may be still chances for him to get better, it may work if you seek help from family members or counseling to try to fix things between you or you may separate for a while and see how things will go, just try not to rush the divorce before you explore all other options. I wish you luck whatever you will do :)
1 person likes this
@mfrancq (1806)
• United States
9 Jan 07
I know divorce will be hard on our son, however, I think it would be harder for him to stay in a situation like this. He may not have hit me, but he does throw things with intent on hitting me with them. I have tried fixing things for quite a while, trust me I'm not rushing. It is just not a situation for our little boy.
1 person likes this
• United States
9 Jan 07
No, you need to get out of there. Violence starts small and grows bigger. He obviously doesn't know how to control his temper and it can only get worse. Like you said it will affect your son in many ways to stay. At least if you leave you can give him an environment where you don't have to feel like you're walking on egg shell all the time never knowing what will set him off.
2 people like this
@kokopelli (4842)
• United States
9 Jan 07
i'm sad to hear this mfrancq! i know how hard this is for you. just be strong, and keep the faith. btw, did you get that job you were interviewed for before? you really have to get a job so it wouldn't be difficult for you to get by with the divorce and the custody process. i hope things would go well for you and your son.
@birthlady (5609)
• United States
9 Jan 07
Find legal aid that specializes in domestic violence. You write that the environment is not safe for yourself or your son, find help through a local domestic violence advocate group. Usually, domestic violence organizations can help you with basic filings of temporary restraining order. You need to get custody and visitation settled right away. Until you do so, "possession is nine-tenths of the law" and your husband has as much right to your son as you do. The police only enforces court orders, police do not adjudicate custody. There are also federal anti-alienation laws prohibiting you from hiding or witholding your child from his other parent, so be sure you read all the fine print, and get custody straightened out first. Please get counseling from a trained domestic violence counselor before you make any drastic moves unless you or your son are in danger, then please move safely and swiftly.
@Shaun72 (15959)
• Palatka, Florida
9 Jan 07
I am glad you were able to find a job and I also agree the child should be in your favor. That is one thing I am thankful for with my divorce we had no kids.
1 person likes this
• United States
9 Jan 07
I am thinking that you should go ahead and move out if you feel the safety or yourself or your child is in jeopardy. If you have no place to go call a safe house that can put you up until you can find accurate housing. Here is a website you may be able to get more information on for safe housing. http://www.safehousenv.org This is the best I can do for now since you don't give a state where you live. I wil pray for you and your family in you time of need. God bless you
@MEFAstoL (16)
• Brazil
10 Jan 07
dont make the divorce at least you have an other person with you wish to get married.. wait..
1 person likes this
@ashjoe76 (1422)
• India
5 Feb 07
If you find it difficult to cope with the marriage and think that it is going to be unsuitable for your son, there is no meaning prolonging this ordeal. Just be aware that the custody of the son is not surety in such cases and be prepared to hear that your husband have some rights over him.
• Philippines
5 Feb 07
don't let your son grow up in a violent atmosphere where one doesn't give a damn and get mad at the other. Your child will pick up your behaviour and this will not be good to his growing years. Make your son the center of your life, the reason to move out and on to another chapter of your life.
1 person likes this