Hello, love - I am an abandoned spouse (4 months ago and counting) in the middle of a very acrimonious divorce so probably can give you some insight into a few things.
Firstly, I am not the parent of a newborn baby, sleep deprived and exhausted. Otherwise, the thing we have in common is the men we choose to love are twats.
However, the first few weeks after being abandoned are 'manic and panic'. You're heartbroken, devastated, bewildered, in shock and shit scared of the future.
The first few months after giving birth: you're exhausted, stressed and under great pressure.
So you with the double whammy: stop giving yourself a hard time!
The dreams, when you do sleep, are horrendous. It's not easy to sleep when you have a new baby. It's not easy to sleep when you are having a really traumatic time. You're not going mad - you're suffering. Forgive yourself a little! Sleep is no respite right now but do sleep and eat when you can.
it's scary how Stbxh could spank the equity on our house on legal fees to spite me and then I'm left with nothing
No, he can't. I don't know why your solicitor told you this. In divorce, each spouse bears their own costs except in very unusual circumstances. He is unusual but not worthy of getting special privileges. The costs of solicitors is horrific, and has to be paid for. Only use them if you know that what you stand to gain is more than the cost of legal advice. A solicitor led divorce, costs between 5 - 10K each. So you need to gain between 6 - 11K, I'm afraid to justify having one. So, he may end up squandering HIS share of the equity from the house on expensive lawyers. It's still HIS share - not your share.
You do, however, want to avoid using solicitor-led divorces if money is tight but that means getting your head around as best you can how divorce works. I recommend Gordon & Slater: Family Law Made Simple to explain the different options.
Does he have any grounds to divorce me? Can unreasonable behaviour really be being hormonal after having a baby?
Yes he does. As soon as one person wants out of the marriage, the marriage is over. It's harsh but true. In the absence of adultery, Unreasonable Behaviour is the quickest route to divorce. Don't even bother contesting - it'll cost you £££ and get you nowhere (For the record I am being divorce for The Petitioner bought a sex pills...which did not please the petitioner. My STBXH is the petitioner!!! So don't worry, it's a means to an end.
Divorce is about agreeing the arrangements for the children and agreeing how to divide the family assets and when. Divorce is not about who did what to whom and why. UB Divorce requires you to accept your husband found you intolerable. So what? Glad I made the fucker miserable, with hindsight.
At Month 4, I want to be divorced too. I certainly didn't in the early days. I'm sad my marriage failed, it was a lovely relationship for many years, but I do not want to be married to this pig of a man that I am currently married to. There is nothing attractive about him.
So don't worry, you'll feel differently soon enough!
Also can he start going to court to try and get me to sell the house if he doesn't have grounds for divorce
Nope. First he must start the divorce process. He can't force you to sell the house at this stage. Arrangements for the children come first, second and third in divorce. His wants come a long way down the list of priorities. You may end up selling the house as part of the Financial Order, you may end up with a 'Mesher Order' e.g. you stay in the house til the youngest leaves home. There are a ton of considerations and possible solutions here so get legal advice on that.
It costs a fortune to go to court to force anything. If he can afford expensive legal advice, it is going to look very odd that he can't afford to pay for your children/the mortgage in the interim. Very questionable indeed.
If I don't have a court order in place about spousal maintenance
Spousal Maintenance is different from Child maintenance. The latter he is forced to pay (CSA or whatever it is called these days). SM is more about affordability: can he afford to pay you it, after his immediate needs are met? This comes down to his income, if it's an average-ish income, it's very limited. A good solicitor will look at your numbers and let you know whether it's worth pursuing - but this is why we have a benefit system, people left high and dry by shit husbands/partners require and deserve support. Go to the CAB to check you're getting everything you're entitled to. Taking him to court for SM can be a waste of time - if the court orders you to pay x hundred per month, but it's cost you 3K to get him there (It did me) then you've effectively lost money. I fortunately, got costs awarded - but that was because I really am married to a twat, who behaved as a twat, and judged as a twat in extremis and willingly was in contempt of the law! Rarely does that happen.
I know all he wants is his money.
His wants are exactly that - something to whistle for. A judge will not 'say' anything unless you go all the way through to a Final Hearing (which you are a long way from at the moment). You and he, via your solicitors if you can afford them, will negotiate the arrangements for the children, where they live, with whom, what he can afford to pay you, etc, etc. The onus is on the two of you to find agreement.
But first he needs to file for divorce. The good thing about being the respondent, is he has to pay the court fees (not your legal fees). Your divorce will not be made absolute until the arrangements for the children are agreed.
I know this is scary times, and it's going to take some time to resolve (that's divorce for you) but use the CAB to claim as many benefits as you are entitled to, try not to panic about him. And DO NOT get involved with your STBXH. Divorce is a nasty horrible time, it brings out the worst in people. Ignore him and anything he does to provoke you. Focus on you and the children, and the sooner you can do that the sooner your heart will heal.
It's truly dreadful what you're going through - but stop making it about him, and make it about YOU and the KIDS. You're the only people worth it - he can just fuck off.