How to get a divorce?

tracyM

Well-Known Member
Joined
Jul 5, 2005
Messages
1,329
Reaction score
0
I'm sick of 'talking things through' and shouting. I have NO respect for him, don't fancy him, I don't think I have any feelings for him.

In the last 6 months, he's been earning quite a bit, but because he earns it, it's his spending money. He doesn't pay anything towards the bills, doesn't buy anything for the kids, and has the nerve to get money out of the joint account whenever he feels like it. It gets spent on DVDs, games etc. I've tried taking his card off him, but he orders another. This month, hes taken 300 out of the account and spent about 800 of his own earnings. I've started leaving money in the business acoount that he can't get at and transferring it when bills are due, but he knows it's there.

I wouldn't mind if in exchange he did the housework or looked after the kids - he washes up maybe 4 times a week, looks after Alex 10am - 2pm, takes the kids to school (every day) and picks them up (3 days). The rest of it is down to me - all the housework, bedtimes, bath times, getting up in the night. Last time we argued about it, he said 'you can get up in the night because I have him all day, you can take the day off work to sleep'. 4 hours is all day apparantly.

A couple of months ago, I went out with my dad to pick up a new car for him. OH has nothing to do with the kids at weekends, but dad works all week so we had to go on a Saturday so I left the kids with OH. OH phoned me at 11am saying I was 'taking the p1ss'.

I'm slogging my guts out so he can buy his fr1gg1n DVDs. I get up at 4am, put 2 hrs work in before Alex gets up. From 6 to 8 I sort the kids, breakfast, packed lunches, ironing etc. Get OH up at 8. Once they've gone at 8.30, I take Alex into the office and try to work until he gets him at 10. I come down to make lunch for them at 12 and take Alex back into the office at 2 or work downstairs with him. At 3, I get the rest of the housework done, then sort the kids. At 6 we all troop off to my mums to get her sorted (OH stays home) - she gets a home help in the mornings, but she needs sorting in the evenings too. Get home at 7.30 for bed. Once they're all in bed, I go back into the office until I drop, usually about 11, but I've got deadlines looming so it's been later the last few weeks. He's now moaning we don't spend any time together and wants me to watch TV with him once the kids are in bed (would mean me getting to bed at 2am - told him to stick it).

I've been thinking how much easier it would be if OH wasn't here. Income would be the same (it'd be more because I could probably claim tax credits, he wouldn't be clearing my account and I wouldn't be paying his taxes / NI). I coud put Alex in nursery to get a solid days work in (OH won't let him go now because the time he has him straddles mrning and afternoon sessions, and he won't get so much time with him). I'd be no worse off with housework.

I can't leave him because I run the business from home and where would I go with 4 kids, he reckons he'll get custody because he's the main carer so he'll get to keep the house (main carer, my arse). Mortgage is in joint names, but we had a thing drawn up when we got it that I have 80%. I'm considering giving him divorce papers one morning when he gets up, but do we need to be separated b4 we get divorced??? Last time we applied for family credit, he went down as the carer because I earn more - does that mean he would get custody??
 
ah hun i had no ides things were so bad for you :( you can apply for a divorce on various grounds such as unreasonable behaviour, irreconsilable differences etc. this would mean it would take as long as the paperwork/ custody hearings etc. however he can contest this and it can end up in a lengthy battle. if you are seperated for two years then its on grounds of seperation and he has less chance of contesting it. ofcourse the custody issues and dividing up our belongings will still take time. (my friend is waiting for her two years so we have been al through the options together to figure it all out :roll: )

i think it sounds like you are being very sensible about this, i know many people want to stay together for the kids but i cant help thinking they only hurt the kids more that way :?

i wouldnt worry about the main carer thing - sounds like that is only for alex anyway and i think ( and hope) it will be looked at a lot more closely than your tax form. besides if he think you are taking the piss leaving all the kids with him tll 11am i dont see how he thinks he will cope with custody :evil:

i would get some legal advice asap (you can always try citizens advise first) and see where you stand before you talk to him about anything.


i hope things work out for you babe, if you ever need a chat just pm me hun. :hug:

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
 
Hi

Sorry to hear your news. You can get a divorcce but if you are living in the same house you have to be living seperate lives, not as as couple. You can still start proceedings but as they move along you will have to be seperate. If in the same house you will have to fill in an affifavit to say that you do not live anymore as man and wife eg. dont sleep in same bed etc. This still might mean you dont get your decree absolute until he leaves.

If hes a bit of a bugger dont issue papers under two years seperation as he has to consent to the divorce. Go for unreasonable behaviour/ If he chucks the papers in the bin and doesnt reply to the court you can still proceed and if he objects you get a court date BUT its very unlikely still that this will stop the divorce. Just make sure you have enough grounds which it sounds like you will have.

You can start the divorce without a solicitor. The court has some great leaflets on how to fill the forms in and they are easy to do but think about what your doing!!!!! If he reads all your grounds and gets wound up he could get worse to live in the same house as. You need to consider your finances etc first and if your serious know how you ae going to proceed and where you stand about the assets and who gets them. Dont get angry just think it all through and have a sound plan so that whatever he chucks at you your prepared for.

Hope that helps??

Sarah
 
Hi Tracy

I handled my own divorce a few years ago. Thankfully it wasn't quite as complicated as yours. We didn't have any children and we'd sold the house and split the assets by then.

I followed the guidance on this site to process it all. http://www.hmcourts-service.gov.uk/info ... /index.htm It was a lot cheaper than getting a solicitor involved, I can tell you.

We used a solicitor in the first place to get a deed of separation drawn up. It said that we were formally separated and that we agreed to get divorced and stated who owned what. You don't need to do this, but because we were putting off the divorce until we'd been separated 2 years it clarified things and meant I was able to move in with OH before my divorce was final.

You can only get divorced in less than 2 years if you state unreasonable behaviour or adultery. We wanted to use irreconcilable differences and you have to be separated 2 years to do that. Sounds to me as though you could go for unreasonable behaviour. When I was discussing divorce with my solicitor at the time of the deed of separation she said you'd need to give half a dozen examples like "he was rude to my mother at Xmas".

I'd question why you want to deliver the divorce papers to him like that and what you want to achieve other than see the shock on his face and start Word War 3! If you want him to be awkward and difficult about everything, starting off like that will guarantee it!

Hope that helps.

Helen

xx
 
Hi

I know nothign about this but thought ide give you a :hug: it must be very difficult for you but he is being very unreasonable and dont worry about custody by the sounds of things youw ill get the kids.
Good luck to you hope you work it out.
Katrina
 
Oh love, I didn't know things were so bad :( :hug:
I have absolutely no idea about these sorts of things, I hope it gets sorted soon and you find some peace x
 
ahhh hun, Im sorry your having a shitty time. (((HUGS))) :hug: I know nothing about divorce (just got hitched LMAO!) but just wanted to send a hug.
He is being very unreasonable spending money on unecessary items. I cant imagine being married to some one i dont fancy.
I hope you get things sorted as amicably and as quickly as possible.
Is it definatly the last resort???????
 
Just a little update, he left this evening at 7.30. Even though I've started to hate him over the last few months, I feel raw and empty :cry: The kids are staying with me and once OH gets sorted in his own place, they can go stay with him at weekends. I think Callum is going to take it the hardest, but as long as we can stay civil to each other, I'm hoping I can bring them all through it unscathed :pray:

Thanks girls, you lot have made me realise I don't have to put up with it, it's not my fault, and I'm strong enough to get to the other side. There's been a lot more going on than I mentioned above, but I WILL get through it, and it will make me into a stronger person. Hugs to everyone :hug:
 
Ah hun, i really dont know what to say. Just to send big hugs :hug:
Im sure you'll do just fine. Stay strong....you know where we are!!
 
oh Tracy i am so sorry :hug: you and your children definitely dont deserve this.

I dont know what else to say except for that we are all here for you if you just need to get something off your chest.

i know it will be hard for you but i really hope that you can keep it amicable.

I dont know much about the law but by him leaving does that mean that you have sole custody at the moment.
take care hun sending lots of :hug:
 
sorry hun i missed this update - well i know its harsh but at least you are moving forward now. the decision has been made and thats best for all of you now.

really hope things work out for you hun, all here if you need us,

:hug: xxxxxxxxxxxxxxxxxxxx
 
Hello

Just read through this topic & wanted to say you will be fine. I was at home when my parents got divrced. I was 20 at the time so I understood it a lot more than a child would but I also saw a heck of a lot that no one should see. I felt as if my dad stuck around because he thought it was right for me & my brother & I hate him for that. So I have full respect for you doing what you think is right when you think it.

Maybe you might miss each other & see where things went wrong after some time apart or maybe this is the beginning of the end of your mariage but whatever happens good luck & I hope you're keeping yourself well.

Claire xx
 
Thanks for the support. We're doing great now. He's on anti-ds which are helping him, and he's moving back from his dads next week, into the cellar (not as bad as it sounds, we had it fitted out as a self contained flat for mum to move into but she's too stubborn). I don't think we'll ever get back together as a couple, but with the arrangement, we can both be here for the kids, and work on being best friends again.
 
Sounds like a good compromise, you never know things might work out in the end .
best of luck.
 
glad things are improving hun. sounds like you are both really trying to keep your family together.

:hug:

xxxxxxxxxxxx
 
Sorry to hear about everything thtas happened. Hope it all works out in the end for you :hug:
 

Users who are viewing this thread

Members online

No members online now.

Latest posts

Forum statistics

Threads
473,573
Messages
4,654,637
Members
110,020
Latest member
Nicola111
Back
Top