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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Advice please - clueless

6 replies

stomachcramps · 13/08/2023 03:20

Hey 👋 all
I'm totally at the end of my tether with my husband after 13 years of marriage.
He's definitely messaging / seeing other women... but that's not even my main issue to be honest.
He's controlling, stubborn, selfish, childish.
His family hierarchy is HIM, then me, and then our child at the bottom - who does that?
It's come to a head tonight and I've seriously decided that life is just too short. How do I get him out and get main custody of our child?
Any advice would be gratefully received.

OP posts:
DustyLee123 · 13/08/2023 07:16

Do you own or rent ?
Do you work ? If so, do you have your wage and child benefit paid into your own account ?

DustyLee123 · 13/08/2023 07:17

He will probably go for 50:50 so you won’t get ‘main custody’. Whether he actually has the DC 50% is a different matter !

millymollymoomoo · 13/08/2023 08:20

you can’t just get him out - if you own a house he has every right to remain

you’d need to file for divorce and follow process

he May file for at least 50:50 child residency

Wallywobbles · 13/08/2023 16:08

Don't announce your intentions.

Information is empowering. And will limit his power over you.

If possible find some friends/contacts that divorced well. Ask them for lawyer recommendations.

Get appointments with recommended lawyers. 2 reasons for this. It's important to find a lawyer you can work with. I got lucky with no 4. The other reason is if you've seen them he can't use them.

While waiting for appointments get all your and his financial information together:

Tax returns

Bank accounts

Salary slips

Savings accounts

Investments

Life insurance

Pensions

Mortgages

Debts

Assets

Get the house valued

This will enable a lawyer to tell you what you might reasonably receive.

Divorce for unreasonable behavior as cited in your op.

50:50 childcare is normal but sounds unlikely. There are sites like entitledto that will tell you what you might be entitled to from the state. There are also maintenance calculators.

Write 2 lists in terms of kids, house, cars, maintenance etc:

What you'd like (copy to lawyer)

What you'd accept (private)

Do not tell him what you are doing. Just get on with it quietly. The more of a head start you have the better of you will be.

When you leave an abuser, the most important thing is your life and safety as well as your children’s. If you are able to plan ahead, it will help you to have important information with you, in addition to money, clothing, medicine, and other basic items.

Even if you are not sure you want to or are ready to leave, go ahead and make copies of as many of the following documents as you can, or secure them in a safe place outside of the home:

  • Birth certificates, Social Security cards, and passports or immigration papers for you and your children
  • Health insurance cards for you and your children
  • Financial records, including recent bank statements and stocks or mutual fund records
  • Housing documents, such as rental agreements, mortgage statements, or the title or deed
  • Your most recent credit report (you can request one for free(link is external))
  • The title or lease paperwork for your car
  • Statements for any retirement plans
  • The past two years’ tax returns
  • A written copy of phone numbers or important addresses in case you cannot get to your cellphone or address book

Many of these records are available online, so try to keep access to these accounts if you do not have paper copies.

You may also want to take photos of any valuable assets in the home (anything you think may be worth some money). Also, if you have any family heirlooms (such as jewelry), take them with you or put them in a safe place before you leave. You can get a safe deposit box at the bank to store copies of the paperwork listed, as well as small valuable items. If you have a joint checking account, consider opening your own checking account and storing money there. Any adult has the right to open their own bank account, even if they are married or dependent on another person.

Anita848 · 14/08/2023 01:01

The other commenters have the right idea - make sure you have everything in order first before separating. If you can't get a solicitor to go through your divorce, there are many resources available online for you. Divorce facebook groups are really good for answering questions about what you need/can do, I used them a lot. Mumsnet is also great for answering questions you need the answer too. Also see if this might be able to help you - https://www.iamlip.com/ Its a bunch of free help guides that take you through the entire process, including how to fill out forms. People don't realise how much you can actually do by yourself so easily - I was surprised myself when I did it. You can also use this resource alongside a solicitor to help you keep costs down by showing you how to do it yourself e.g. forms. This specific page might be helpful right now to start with https://iamlip.com/help-guides/pre-divorce/ . Hope this can help!

stomachcramps · 21/08/2023 16:05

Thanks everybody for such detailed advice.

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